In his Order concerning discovery prior to hearing on consolidated motions, Judge Senter noted:
In their responsive pleadings [264], the Relators assert that they are unduly limited in the evidence they can present because they do not have possession of the McIntosh claims file. The Relators have identified four sets of claims file documents they wish to obtain in order to present their side of this controversy: 1) all damage estimates State Farm made for the McIntosh property; 2) a full copy of the transaction logs on the McIntosh claims; 3) digital photographs of the damage to the McIntosh residence; and 4) correspondence related to Forensic Analysis Engineering Corporation’s assessment of the damage to the McIntosh property.
In addition to these documents, the Relators have identified seven witnesses whom they wish to depose before the start of the hearing: 1) Alexis King; 2) Brian Ford; 3) John Kelly; 4) Mike Church; 5) Craig Robertson; 6) Ron Muchk; and 7) Linda Muchk.
The relevance of the information these four witnesses possess is apparent; they were direct participants in the adjustment and payment of the McIntosh flood claim or witnesses who purport to have knowledge of the storm forces that damaged the McIntosh property. The role of the other three individuals the Relators have identified and the relevant knowledge they have is not readily apparent in the record.
The Rigsbys were required to submit a concise summary of their reasons for wanting to dispose the three individuals on their list whose relevance wasn’t apparent to Judge Senter by noon today – the Relators’ Summary of Reasons for Discovery follows: Continue reading “Yoo-hoo! Rigsbys Respond to Judge Senter and introduce the neighbors”
