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The State of Ohio, by and through the Relator, and pursuant to Rules 26, 33, 34 and 36 of
the Ohio Rules of Civil Procedure, submits the following First Set of Discovery Requests to
Respondent DALE SEIM. Relator respectfully requests that Respondent serve his responses to
the Requests to the offices of FINNEY LAW FIRM, LLC, located at 4270 Ivy Pointe Blvd., Suite
Documents shall be deemed continuing and you are requested, pursuant to Rule 26(E) of the Ohio
Rules of Civil Procedure, to provide, by way of supplementary answers thereto, such additional
2. If the Respondent cannot answer a particular request in full after exercising due diligence
to secure the information to do so, it shall so state and shall answer in as detailed a manner as
possible, based on such information as is reasonably available to it and shall specify the inability
to answer the remainder.
3. Should the Respondent deem as objectionable part, but not all, of any request to which an
objection is made, it should consider the various parts and aspects of such particular request as
being severable for that purpose. If any information is claimed as privileged or protected, please
include a statement identifying the nature of the claimed privilege or protection.
(a) “Township” shall mean the Respondent Perry Township, Montgomery County,
Ohio, its agents, representatives, attorneys, employees, servants or any other person or persons
acting on its behalf.
(b) “Board of Trustees” shall mean the Board of Trustees of Perry Township,
Montgomery County, Ohio
(d) “Respondents” shall mean any one or more of the respondents in this litigation.
(e) “Township Business” shall mean the public business of Perry Township,
Montgomery County, Ohio.
(f) The “Lawsuit” shall mean the Court of Common Pleas of Montgomery County
Case Number 19 CV 1736, State of Ohio Ex. Rel. Bonnie Bertelson v. Dale Seim, et al.
(g) “First Amended Complaint” shall mean the First Amended Complaint filed by
Relator against Respondents in the Lawsuit.
(h) “Answer to First Amended Complaint” shall mean the Answer to the First
Amended Complaint filed by the Respondents in the Lawsuit.
(i) “Persons” shall mean any and all natural persons, corporations, associations,
organizations, firms, business entities, partnerships, joint ventures, or any other entities of any
form whatsoever
(j) “Documents” shall mean any and all writings, drawings, graphs, charts,
photographs, videotapes, audiotapes, motion pictures, mechanical or electronic recordings,
phonograph records any and all other data compilations from which information may be
obtained.
(k) To “identify” or state the “identity” of a document means to state its date, its author,
the type of document (e.g., letter, memoranda, note, telegram, chart, photograph, sound
reproduction, etc.) or, if the above information is not available, some other means of
identifying it, its present location, the identity of all persons who received copies and the name
of any present custodian of it employed by you or representing you. If any such document was,
but is no longer in your possession or control, or in existence, state whether it is: (l) missing or
lost; (2) has been destroyed; (3) has been transferred to others; or (4) otherwise disposed of
and, in each instance, explain the circumstances surrounding the authorization of such
disposition thereof and state the approximate date of such disposition; Unless the context
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otherwise indicates, to “identify” or state the “identity” of a natural person means to state his
or her full name, title and the name and address of his or her present or last known home or
business address and the name and address of his or her present or last known employer, if
any, and each position held during the applicable time period.
a. References to the singular shall include the plural and vice versa.
b. The terms “all” and “each” shall both be construed as all and each.
6. Pursuant to Rule 26(B)(1), parties may obtain discovery regarding any matter, not
privileged, which is relevant to the subject matter involved in the pending action, including the
existence, description, nature, custody, condition and location of any books, documents, or other
tangible things and the identity and location of persons having knowledge of any discoverable
matter. It is not ground for objection that the information sought will be inadmissible at the trial
if the information sought appears reasonably calculated to lead to the discovery of admissible
evidence.
7. Each Interrogatory shall be answered separately and fully in writing under oath.
9. Where an Interrogatory calls for an answer in more than one part, each part should be
separated in the answer so that the answer is clearly understandable.
10. With respect to all Interrogatories, all information is to be divulged which is within your
knowledge, possession, or control, including that of your agents, representatives, attorneys,
investigators, assigns, officers, directors, employees, affiliates, subsidiaries, and divisions.
Whenever your answer or any part thereof is based upon information or belief, identify the
source and basis of your belief.
11. If any objection is made to any portion of any Interrogatory, you are instructed to state
with specificity the objection and legal basis for such objection, with citations to appropriate
legal foundations for such objection, and further instructed to answer all remaining portions of
the interrogatory to which an objection is not asserted.
12. Pursuant to Rule 26(E)(1) and (2), you are under a duty seasonably to supplement your
response with respect to any question directly addressed to the identity and location of persons
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having knowledge of discoverable matters, and the identity of each person expected to be called
as an expert witness at trial and the subject matter on which he/she is expected to testify.
Further, if you know or later learn that your response is incorrect, you are under a duty
seasonably to correct the response.
13. Each matter of which an admission is requested shall be separately set forth.
14. The matter is admitted unless, within 28 days of service hereof, you serve upon the
undersigned a written answer or objection addressed to the matter, signed by you or your
attorney.
15. You may simply admit the matter that is the subject of the request.
16. If you object to any requests(s) herein, state your grounds for objecting. The answer shall
specifically deny the matter, or set forth in detail the reasons why you cannot truthfully admit or
deny the matter. A denial shall fairly meet the substance of the requested admission, and when
good faith requires that you qualify your answer, or deny only a part of the matter, you shall
specify so much of it as is true and qualify or deny the remainder. In other words, if only part of
a matter can be denied, you are required to specify the portion that is admitted and specifically
deny the remainder.
17. You may respond to a request by stating that the matter cannot be either admitted or
denied, but this failure to admit or deny must be supported by specific reasons for doing so. You
may not give lack of information or knowledge as a reason for failure to admit or deny unless
you can state that you have made reasonable inquiry and that the information known or readily
obtainable by you is insufficient to enable you to admit or deny. You do have the burden to take
affirmative steps toward ascertaining the truth of the matters requested.
18. You may not object to a request on the ground alone that you consider it presents a
genuine issue for trial. You may deny the matter or set forth reasons why you cannot admit or
deny, subject to the provisions of Rule 37(C) of the Ohio Rules of Civil Procedure.
19. Pursuant to Rule 37(C) of the Ohio Rules of Civil Procedure, if you fail to admit the
genuineness of any documents or the truth of any matter as requested, and thereafter the
requesting party proves the genuineness of the document or the truth of the matter, the requesting
party may apply to the court for an order requiring you to pay that party’s reasonable expenses
incurred in making that proof, including reasonable attorney’s fees.
20. Any matter admitted by you is conclusively established for the purposes of this action
and need not be proven at trial.
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REQUESTS FOR ADMISSION
1. Admit that, at any time since August 1, 2018, you possessed the username and password to
the e-mail account for aaperrytwp@aol.com.
Admit or Deny
2. Admit that, on at least one occasion since August 1, 2018, you have sent an e-mail from the
e-mail account of aaperrytwp@aol.com.
Admit or Deny
3. Admit that, on at least one occasion since August 1, 2018, you have drafted, but did not send,
an e-mail from the e-mail account of aaperrytwp@aol.com.
Admit or Deny
4. Admit that, on at least one occasion since August 1, 2018, you have read an e-mail sent to or
from the e-mail account of aaperrytwp@aol.com.
Admit or Deny
5. Admit that, on at least one occasion since August 1, 2018, you have read a draft e-mail in the
e-mail account of aaperrytwp@aol.com.
Admit or Deny
6. Admit that, on at least one occasion since August 1, 2018, you deleted an e-mail sent to or
from the e-mail account of aaperrytwp@aol.com.
Admit or Deny
7. Admit that, on at least one occasion since August 1, 2018, you deleted a draft e-mail saved to
the e-mail account of aaperrytwp@aol.com.
Admit or Deny
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8. Admit that you discussed and deliberated the public business of Perry Township with at least
one other Perry Township trustee in and during the course of the executive session held
during the meeting of the Perry Township Board of Trustees held on October 3, 2018.
Admit or Deny
9. Admit that you discussed and deliberated the public business of Perry Township with at least
one other Perry Township trustee in and during the course of the executive session held
during the meeting of the Perry Township Board of Trustees held on November 13, 2018.
Admit or Deny
10. Admit that you discussed and deliberated the public business of Perry Township with at least
one other Perry Township trustee in and during the course of the executive session held
during the meeting of the Perry Township Board of Trustees held on December 11, 2018.
Admit or Deny
11. Admit that you discussed and deliberated the public business of Perry Township with at least
one other Perry Township trustee in and during the course of the executive session held
during the meeting of the Perry Township Board of Trustees held on April 18, 2019.
Admit or Deny
12. Admit that you discussed and deliberated the public business of Perry Township with at least
one other Perry Township trustee in and during the course of the executive session held
during the meeting of the Perry Township Board of Trustees held on June 11, 2019.
Admit or Deny
13. Admit that you discussed and deliberated the appointment of Chris Littleton as the Perry
Township Police Chief with at least one other Perry Township trustee at a time other than
during the course of a meeting of the Perry Township Board of Trustees.
Admit or Deny
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14. Admit that with respect to the Special Meeting of the Perry Township Board of Trustees held
on April 18, 2019, there was no attorney for the Board of Trustees present during the
executive session held during said special meeting.
Admit or Deny
15. Admit that no attorney for the Perry Township Board of Trustees was present during the
executive session held during the December 11, 2018 meeting of the Perry Township Board
of Trustees.
Admit or Deny
INTERROGATORIES
1. State the name and address of the person answering these discovery requests.
Response:
2. Identify all individuals who, at any time, possessed or had access to the username and
password for the e-mail account of aaperrytwp@aol.com.
Response:
3. Identify the person or persons who set up the e-mail account of aaperrytwp@aol.com.
Response:
4. Identify all email accounts or addresses that you have used to communicate, since August 1,
2018, with either Respondent RON PRICE or Respondent MELISSA MEARS.
Response:
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5. Identify all email accounts or addresses that you have used to communicate, since August 1,
2018, with any person concerning any public business of Perry Township.
Response:
6. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of April 18, 2019, identify all persons present
in the executive sessions (and, if a person was not present during the entirety of the executive
session, identify during what portion of the executive session they were present). Include in
your answer the position or relationship each person has with Perry Township.
Response:
7. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of April 18, 2019, for the purpose of “legal
matter” (the phrase used in the minutes), identify the specific “legal matter” discussed or
considered during that executive session. If applicable, include in your answer, the identity
of any pending lawsuit involving that “legal matter”, the identity of any lawsuit that
ultimately resulted from such “legal matter”, the identity of any person involved in that
“legal matter” whose interest was adverse to the interest of Perry Township or the Perry
Township Trustee.
Response:
8. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of April 18, 2019, for the purpose of “hiring”
(the phrase used in the minutes), identify the specific individual whose hiring was considered
and what position was involved.
Response:
9. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of October 3, 2018, identify all persons present
in the executive sessions (and, if a person was not present during the entirety of the executive
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session, identify during what portion of the executive session they were present). Include in
your answer the position or relationship each person has with Perry Township.
Response:
10. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of October 3, 2018, for the purpose of
“employment issues” (the phrase used in the minutes), identify the specific individual whose
employment was at issue and what position was involved.
Response:
11. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of December 11, 2018, identify all persons
present in the executive sessions (and, if a person was not present during the entirety of the
executive session, identify during what portion of the executive session they were present).
Include in your answer the position or relationship each person has with Perry Township.
Response:
12. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of December 11, 2018, for the purpose of
“Legal and Real Estate Matters” (the phrase used in the minutes), identify the specific “legal
matter” discussed or considered during that executive session. If applicable, include in your
answer, the identity of any pending lawsuit involving that “legal matter”, the identity of any
lawsuit that ultimately resulted from such “legal matter”, the identity of any person involved
in that “legal matter” whose interest was adverse to the interest of Perry Township or the
Perry Township Trustee.
Response:
13. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of December 11, 2018, for the purpose of
“Legal and Real Estate Matters” (the phrase used in the minutes), identify the specific “real
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estate matter” discussed or considered during that executive session. In your answer, include
the specific property being discussed or considered, and whether Perry Township was
considering the purchase or sale of such property.
Response:
14. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of November 13, 2018, identify all persons
present in the executive sessions (and, if a person was not present during the entirety of the
executive session, identify during what portion of the executive session they were present).
Include in your answer the position or relationship each person has with Perry Township.
Response:
15. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of November 13, 2018, for the purpose of
“Employment Matters” (the phrase used in the minutes), identify the specific individual
whose employment was at issue and what position was involved.
Response:
16. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of June 11, 2019, identify all persons present
in the executive sessions (and, if a person was not present during the entirety of the executive
session, identify during what portion of the executive session they were present). Include in
your answer the position or relationship each person has with Perry Township.
Response:
17. With respect to the executive session held during the course of the meeting of the Perry
Township Board of Trustees during its meeting of November 13, 2018, for the purpose of
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“Employment Issue” (the phrase used in the minutes), identify the specific individual whose
employment was at issue and what position was involved.
Response:
18. Identify every person who you believe has knowledge or information relevant to any of the
allegations in the First Amended Complaint or the Answer to the First Amended Complaint
or Affirmative Defenses set forth in the Answer to the First Amended Complaint. Include in
your answer each person’s name, job title, address, telephone number, and email address; and
a brief description of what knowledge or information they may have.
Response:
19. Identify every person you intend to call as a witness at the trial in this matter.
Response:
1. Produce any document or item which you intend to introduce as evidence or as an exhibit at
the trial or in any deposition in this matter.
2. Produce all e-mails sent or received to e-mail account of aaperrytwp@aol.com from August
1, 2018 to present.
3. Produce all e-mails drafted, but never sent, from the e-mail account of aaperrytwp@aol.com
from August 1, 2018 to present.
4. Produce all communications, from August 1, 2018, to present, between you and Respondent
RON PRICE. This includes emails, text message, and all other forms of communication,
whether or not other third parties are included in the communication.
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5. Produce all communications, from August 2, 2018, to present, between you and Respondent
MELISSA MEARS. This includes emails, text message, and all other forms of
communication, whether or not other third parties are included in the communication.
6. Produce a copy of all communications between you and Tim Littleton between October 1,
2018, and October 19, 2018.
7. Produce a copy of every application or résumé you received in 2018 for the position of chief
of police.
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VERIFICATION
STATE OF OHIO )
) SS:
COUNTY OF _______________ )
By:_______________________________
Sworn to before me and subscribed in my presence this _____ day of _____ 2019.
____________________________________
Notary Public
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Respectfully submitted,
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing has been served upon the following
via email this 7th day of August 2019:
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