2007-04-06 Request for Documents set IV
APR-OS-2007 09:12
FROM-JOHNSON LARSON PETERSON & MATT PA
+7636824465
~6-3-D1
T-797 P.003/008 F-459
STATE OF MINNESOTA
DISTRICT COURT
TENTH JUDICIAL DISTRICT
CASE TYPE: Declaratory Judgment/Breach of Contract
Court File No. 86-CV-06-2998
COl.TNTY OF WRIGHT
Gold Key Development, Inc., a Mirmesota corporation,
Plaintiff,
vs.
City of AlbertVille,
Defendant/Third Party Plaintiff,
YS.
Sh011 Elliott Hendrickson, Inc.,
. Third Party Defendant.
Court l::'ile No. 86-CV-06-4997
TIC Homes, Inc., a Minnesota cOlporation,
Plaintiff,
vs.
Gold Key Development, Inc., a Minnesota corporation
GOLD KEY'S REQUEST
FOR PRODUCTION OF
DOCUMENTS TO CITY, SET IV
Defendant/Third Party Plaintiffj
vs.
Hedlund Engineering,
Third Party Defendant,
VS.
City of Albertville,
DefendantslThird Party Plaintiff,
vs.
Short Elliott I-Ienchickson, Inc.
Third Party Defendant.
"
APRw06-2007 09:13
FROMwJOHNSON LARSON PETERSON & MATT PA
+7636824465
T-797 P.004/008 F-459
TO: DEFENDANT, CITY OF ALBERTVILLE, ABOVE-NAMED AND ITS ATTOR..,.l\.lEY,
JASON J. KUBOUSHEK, IVERSON REUVERS, 9321 ENSIGN AVENUE SOUTI-I,
BLOOMlNGTON, MINNESOTA 55438,
Gold Key requests City of Albertville- to respond within thirty (30) days to the following
Requests for Production.
This Request applies to any document in your possession. custody or control or in the
possession, custody or control of your attomeys, agents, Or employees. It extends to copies of
documents which you have a right or opportunity to copy, regardless of ownership, as well as to
documents located outside the territorial jurisdiction of this court, but nevertheless in you!'
possession, custody or control.
If your response is that the documentS are not in your possession or custody~ describe in
detail the unsuccessful efforts YOll made to locate the records. If your response is that the
dOCLUuents are not in your control. idelltify who has control and the location of the records. Ifa
request for production seeks a specific document or itemized category which is 110t in your
possession, control or ctlstody~ provide any document YOll have that contains all or pmt of the
information contained in the requested document or category.
IDENTIFICATION OF PRIVILEGED DOCUMENTS
If any of the documents requested below are claimed by YO'll to be privileged, you are
requested for each such document to state what you are claiming a privilege therefore and the
ground 011 which said privilege rests and to identify the document for which the privilege is
claimed by specifying:
a. Its title or other identifying data;
b. The identity of the author thereof, the parties thereto, and the person who helped
in its preparation;
c. The. date of the docmnent Or ifno date appears thereofi.:, the approximate date;
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FROM-JOHNSON LARSON PETERSON & MATT PA
+7636B24465
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d. The exact nature and substance thereof;
e. The identity of each person having possession, care, custody, or conn:ol of the
original and any copies thereof~ and
f. The identity of each person to whom the document's contents were disclosed.
IDENTIFICATION OF DESTROYED DOCUMENTS
If any of the documents reqnested below have been destroyed or otherwise discarded, yon
are requested to identify the document destroyed or discarded in the same manner as
identification is required for "privileged" documents.
These Requests are continuing in nature. If you obtain or discover further responsive
documents after your response to these Requests, such docwnents are within the scope of these
Requests and your response should be supplemented to provide such documents for inspection
and copying.
As required by the Rules of Civil Procedure, when producing doc1..lJnents responsive to
these requests, please organize and designate the docwnents accordillg to which l'eqLlest(s) they
are produced or. altematively~ produce them as they are kept in the usual course of business.
For purposes of these Requests for Production~ the following definition is applicable:
"Documents" means recordings of information of all kinds, whether written, typed, electronically
video or audio-taped, on infom1ation storage discs or other technology, or preserved in any way,
shape Or form. The temlS include all versions, whether original or contemporaneously or
subsequently made copy, regardless of whether such copy is not identical by reason of any
notation made thereon, or otherwise. TIle term encompasses, but is not limited to, e-mail,
correspondence) memoranda, minutes) contracts, reports, studies, checks, statements, receipts,
summaries, pamphlets, books, inter-office and intra-office corrununications, otfers, notations or
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.
APR-06-2007 09:13
FROM-JOHNSON LARSON PETERSON & MATT PA
+7636824465
T-797 P.006/00B F-459
conversations, notations of telephone calls, meetings, or other cornmunications, bulletins, printed
malter, computer printouts, teletypes, telefaxes, invoices, worksheets, and all drafts, alterations,
modifications, changes, and amendments of any kind, and mechanical, or electronic records or
representations of any kind.
Objection will be made at tdal to tl1e admission of information requested herein which is
110t provided.
Gold Key requests that the City produce or pennit Gold Key to inspect and to copy each
of the following documents:
1. Produce a cenified copy of the entire City Code Section 11 ~ 7 -12, refelTed to 111
paragraph 60 ofyanr Counterclaim.
2. Produce a certified copy of the entire City Code Section 11-8-6, J'eferred to 111
paragraph 61 of your Counterclaim.
3. Produce a cenified copy of the entire City Code 11-7-5G, referred to in Deposition
Exhibit 39.
4. Produce a certified copy of Zoning Ordil1ance 4900 that was in effect at the time of
plat approval.
5. Produce a certified copy of Subdivision Ordinance 600 thaI was in effect at the time
of plat approvaL
6. Produce a certified copy of Subdivision Ordinance 700 that was in effect at T11e time
of plat approval.
7. Produce a certified copy of Zoning Ordinance 5000 that was in effect at the time of
plat approval.
8. Produce a certified copy of Subdivision Ordinance Section A-600.4(g) that was in
effect at the time of final plat approval.
9. Produ.ce a certified copy of any amendments to Subdivision Ordinance Section A-
600.4(g) that have been made since 1he time offinal plat approvaL
10. Produce a certified copy of Subdivision Ordinance Section A-600.13(c) that was in
effect at the time of final plat approval.
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. APR-OS-2007 09:13
FROM-JOHNSON LARSON PETERSON & MATT PA
t7S3882446S
T~797 p.DDr/OOB F-4S9
11. Produce a certified copy of any amendments to Subdivision Ordinance Section A-
600.13 (c) that have been made since the time of final plat approval.
12. Produce a cenified copy of Subdivision Ordinance Section A-700.6 that was in effect
at the time of final plat appl'Oval.
13. Produce a certified copy of any amendments to Subdivision Ordinance Section A-
700.6 that have been made since the time offinal plat approval.
14. Produce a certified copy of Zoning Ordinance Section lOOO.9(d) that was ill effect at
the time of final plat approvaL
15. Produce a cenified copy of any amendments to Zoning Ordinance Section 1000.91:hat
have been made since the time offinal plat approval.
16. Produce a celtified copy of Zoning Ordinance Section 5000.4(a) 'that was in effect at
the time of final plat approval.
17. Produce a celtified copy of any amendments to Zoning Ordinance Section 5000.4 that
have been made since the time affinal plat approval.
18. Produce a certified copy of the entire Subdivision Ordinance that was in effect at the
time of final plat approval.
19. Produce a certified copy of the entire Zoning Ordinance that was in effect at the time
of fmal plat approvaL
20. Produce a certified copy of City Code 1-7 A that was in effect at the time of fInal plat
approval.
Dated: ~ I (JL/ 0'1
I
Jol~15O~, Lars~~, ~eters~ Ma~, rA.
C ," ".~t~,rl ('); / ~ J
Cindi S. Matt. 1.D. # 269359
Attomey for Gold Key Development
908 Commercial Drive
Buffalo, MN 55313
(763) 682-4550
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