2005-10-20 City Response to Request for Production of Documents STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT
Other Civil—Breach of Contract
City of Albertville, Minnesota, Court File No. C9-05-2481
Plaintiff
vs. CITY OF ALBERTVILLE'S
RESPONSE TO
Edina Development Corporation DEFENDANT'S REQUEST
FOR PRODUCTION OF
Defendant. DOCUMENTS
TO: Mr. Kyle Hegna, Wilkerson & Hegna, P.L.L.P., One Corporate Center III,
Suite 300, 7300 Metro Boulevard, Edina, MN 55439-2302
1. All documents identified in your answers to the above interrogatories.
REPLY:
All such documents currently identified will be made available for examination by
Defendant at a mutually agreeable time. Plaintiff reserves the right to identify
additional documents in the future.
2. All documents consulted or relied upon by you in answering any of the above
interrogatories.
REPLY:
All such documents will be made available for examination by Defendant at a
mutually agreeable time.
1
3. All documents you intend to offer as exhibits in the trial of this matter.
REPLY:
All such documents currently identified will be made available for examination by
Defendant at a mutually agreeable time. Plaintiff reserves the right to identify
additional documents in the future.
4. All documents you contend comprise any communications between the parties.
REPLY:
All such documents currently identified will be made available for examination by
Defendant at a mutually agreeable time. Plaintiff reserves the right to identify
additional documents in the future.
5. All documents, including without limitation, proposals, contracts, subcontracts,
supplemental agreements, reports, correspondence, internal memoranda or
communications by, to or among you, price quotations, time sheets, calendars,
billing documents, payment applications, meeting minutes, invoices and other
documents related to any and all claims or defenses raised in the Plaintiffs
Complaint or Defendant's Answer and Counterclaim.
REPLY:
Plaintiff objects to this request as vague, overly broad and burdensome.
Notwithstanding such objection, all such documents currently identified will be
made available for examination by Defendant at a mutually agreeable time. Plaintiff
reserves the right to identify additional documents in the future.
6. All documents relating to billing, costs, and fees assessed by you to Defendant
under any and/or all of the Development Agreements, including without
2
limitation, all time sheets and work records relating to any billing, costs, and/or
fees assessed by you to Defendant.
REPLY:
All such documents currently identified will be made available for examination by
Defendant at a mutually agreeable time. Plaintiff reserves the right to identify
additional documents in the future.
7. All documents relating to payment by you of any costs, fees, or invoices related
to your request for payment from Defendant with respect to the Development
Agreements entered into by the parties.
REPLY:
All such documents currently identified will be made available for examination by
Defendant at a mutually agreeable time. Plaintiff reserves the right to identify
additional documents in the future.
8. All documents provided to, or otherwise relied upon by all experts expected to
testify at trial.
REPLY:
No such documents have been identified to date.
9. All documents referring to, relating to, or otherwise bearing upon the claims, or
defenses in this lawsuit.
REPLY:
Plaintiff objects to this request as vague, overly broad and burdensome.
3
Submitted this 20th day of October, 2005.
Bridget Miller,
City Clerk
Subscribed and sworn before me this 20' day of October, 2005.
Notary Public
Michael C. Couri, Attorney No. 214887
Attorney for Plaintiff
Couri, Macarthur & Ruppe, P.L.L.P.
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
4