In his Order concerning discovery prior to hearing on consolidated motions, Judge Senter noted:
In their responsive pleadings , 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:
In its March 20, 2009 Order, docket entry , this Court asked for a concise summary of the Relators’ reasons for wishing to depose Mike Church, Ron Muchk (or Mucha) and Linda Muchk (or Mucha). (Relators understand that the proper spelling of the couple’s name may be “Mucha,” rather than “Muchk.”) All of those individuals are eye witnesses to the damage caused to the McIntosh home during Hurricane Katrina: (emphasis added)
Mike Church is cited in Brian Ford’s October 12, 2005 engineering report as“report[ing] that houses were blown apart and debris was thrown into the McIntosh house at approximately 8 AM and floodwater began rising at 11 AM.” See Relators’ Consolidated Pre-Hearing Response to All Dispositive Motions…at Exhibit 1, Affidavit of Benjamin R. Davidson dated March 12, 2009, and Tab B…
Ron and Linda Muchk (or Mucha) are cited in the expert report Dr. Ralph Sinno prepared for McIntosh v. State Farm as next-door neighbors of the McIntoshes who provided eye witness accounts that “confirm wide spread structural failures before the water surge” and “describe intense winds on the early morning of August 29.” McIntosh v. State Farm Fire and Cas. Co.,1:06-cv-1080, docket no. , Exhibit 3…
Relators respectfully request permission to take the depositions of the seven witnesses identified in the affidavit of Benjamin R. Davidson in support of the Relators’ consolidated pre-hearing response to all dispositive motions, docket entry… as well as the additional discovery requested therein that relates to the McIntosh home.
No frills, no argument – just the concise summary Judge Senter requested. You-hoo!