interogs barbara weyher 6918

8/14/2019 Interogs Barbara Weyher 6918

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STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICECOUNTY OF WAKE SUPERIOR COURT DIVISION

09 CVS 6918

KENNETH C. JOHNSON, )Plaintiff, )

v. ))

OAK HEALTH CARE INVESTORS OF )NORTH CAROLINA, INC., A NORTH ) PLAINTIFF KENNETH C. JOHNSONSCAROLINA CORPORATION d/b/a ) FIRST SET OF INTERROGATORIES,THE LAURELS OF FOREST GLENN, )REQUEST FOR ADMISSIONS & PRODUCTION

LAUREL HEALTH CARE COMPANY, ) OF DOCUMENTS TO BARBARA B. WEYHER,YATES, MCLAMB & WEYHER, LLP, ) OAK HEALTH CARE INVESTORS OFBARBARA B. WEYHER, ESQ.,IN HER) NORTH CAROLINA,INC, A NORTHPARTNERSHIP, PROFESSIONAL AND ) CAROLINA CORPORATION d/b/a THEINDIVIDUAL CAPACITIES, DAN J. ) LAURELS OF FOREST GLENNMCLAMB, IN HIS PARTNERSHIP, )PROFESSIONAL, AND INDIVIDUAL )CAPACITIES, SEAN T. PARTRICK, )ESQ, IN HIS, PARTNERSHIP, )PROFESSIONAL, AND INDIVIDUAL, )CAPACITIES,CHRISTOPHER M.WEST,)IN HIS PARTNERSHIP,PROFESIONAL)AND INDIVIDUAL CAPACITIES, )

Defendants, )______________________________)

NOW COMES the Plaintiff, Kenneth C. Johnson, pro se,pursuant to Rules 26 and 33 of the North Carolina Rules of CivilProcedure, and propounds Plaintiff Kenneth C. Johnsons First Setof Interrogatories, Request for Admissions & Production ofDocuments to Barbara B. Weyher, in her individual capacity.


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INSTRUCTIONS

The following instructions apply to these discoveryrequests:

1. Each discovery request shall be answered separately and fullyin writing under oath, [under penalty of perjury] unless itis objected to, in which event the reasons for objectionsshall be stated in lieu of an answer. The answers are to beverified by the person making them. If the person answeringmust obtain answers from others, they must be informed thattheir answers are deem to be given under oath. All discovery

must be answered within 30 days.

2. The answer to each discovery request shall be inserted in thespace below each question, or, if the answer requires morespace, on a separate sheet which restates the question beforegiving the answer.

3. If any discovery request cannot be answered in full afterexercising due diligence to secure the information requestedtherein, please so state and answer the interrogatoryquestion to the extent possible, specifying the reasons forany inability to answer the remainder of any suchinterrogatory and stating whatever information is presentlyavailable to you concerning the unanswered portion of thatquestion.

4. Barbara B. Weyher shall supply the information called for bythese discovery requests whether such information is directlyor indirectly within her possession, custody or control orthat of her attorneys, agents or representatives, includingbut not limited to, information she, her attorneys, agents orrepresentatives have the legal right to obtain, and includingknowledge of persons consulted concerning any factual mattersor matters of opinion relating to any of the facts or issuesinvolved in this action.

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5. These discovery requests are deemed to be continuing and,if further information with respect thereto comes to theattention of Barbara B. Weyher, her attorneys, agents or

representatives between the date of service hereof and thedate of the trial, then Barbara B. Weyhers answers tothese discovery requests must immediately be amendedaccordingly.

6. Objections Based on Privilege - In the event that anydocuments, information or thing requested herein arewithheld under a claim of privilege, please provide thefollowing information with respect to each such documentor thing:

(1) The type of document, information or thing, itsspecific subject matter and the place and approximatedate it was learned, prepared or created;

(2) The name and title of each person who prepared orcreated the document or thing and the name and titleof each other person who has received or examined thedocument or thing or a copy thereof;

(3) A statement of the circumstances which bear on whetheror not the claim of privilege is appropriate and whetherthe privilege that is claimed should extend to all orjust to part of the document or thing; and

(4) All objections will be strongly challenged and thereforeall documents requested that are the subject of anobjection based on privilege must be provided for incamera review by the presiding judge.

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DEFINITIONS

In connection with these discovery request, thedefinitions set forth below govern the scope of the answersrequired:

1) The term document means the original and all draftsof any kind of written or graphic matter, however produced orreproduced, of any kind or description whether sent to orreceived or neither, and all copies thereof whether or notdifferent in any way from the original and including, withoutlimitation, any paper, book, account, photograph, agreement,contract, memorandum, advertising material, letter, telegram,

object, report, record, transcript, study, notation, workingpaper, intra office or interoffice communication, charts,minutes, index sheet, computer software, check, check stub,delivery ticket, bill of sale, invoice, recording of telephoneor other conversations, or of interviews, conferences or anywritten, recorded, transcribed, punched, taped, filmed orother graphic matter or data compilations, however produced orreproduced, to which you have or have had access or which you

have knowledge.

2) The term communication means any oral statement,

dialogue, colloquy, discussion, conversation or agreement, andalso means any transfer of thoughts or ideas between personsby means of documents and includes any transfer of data fromone location to another by electronic or similar means.

3) YOU or YOUR means Barbara B. Weyher, her agents,attorneys and all other persons acting or purporting to act onher behalf.

4) Kenneth Johnson, Plaintiff Johnson, Plaintiff orLicensee shall mean the Plaintiff, Kenneth Johnson, hisagents, and all other persons acting or purporting to on hisbehalf.

5) The words and and or are both conjunctive anddisjunctive.

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6) Person shall mean natural persons, all corporateorganizations, all private or governmental organizations, allother entities and the representatives of each natural person,attorney organization or entity.

7) Address shall mean the street number, street, city

and state of subject person, business or entity.

8) Identify or identification shall mean:

a) when used with reference to a natural person,shall mean to state

(i) his or her full name;

(ii) his or her present address or if that isnot know, last known address.

(iii) his or her responsible party, if a resident orpatient

b) When used with reference to any person other than anatural person means:

(i) to state its full name, address of itsprincipal place of business and its state of incorporation orof the filing of its organizational certificates; and

(ii) to describe the primary business in whichsuch entity is engaged.

c) When used with reference to a document, means to state:

(i) the date, type (e.g., letter,memorandum), author, addressee(s), and recipient(s), title andfile and/or identifying markings thereof;(ii) the substance thereof;

(iii) the identity of the person in charge ofstoring and/or maintaining the document; and

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(iv) the identity of each document orcommunication in which such document was recorded, describedor otherwise referred to, in whole or in part, or which refersto or relates to the document in any way.

d) When used with reference to a communication, means

to state:

(i) the substance of and statements made in thecommunication;

(ii) the identity of the persons or among whomthe communication took place and all persons at the time of thecommunication or who know of its substance;

(iii) the date and time when the communication

took place and the manner in which the communication occurred(e.g., meeting, telephone conversation); and

(iv) the identity of each document orcommunication in which such communication was recorded,described or otherwise referred to, in whole or in part, orwhich refers to or relates to the communication in any way.

e) When used with reference to an occurrence, act,transaction or manner of performing something, means to state:

(i) the description of the occurrence, act,transaction or manner of performing something;

(ii) the date or dates, time or times and

location or locations where the occurrence, act, transaction ormanner of performing something occurred; and

(iii) the identity of each document orcommunication in which such occurrence, act, transaction ormanner of performing something was recorded, described orotherwise referred to, in whole or in part, or which refers to

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or relates to the occurrence, act, transaction or manner ofperforming something in any way.

INTERROGATORIES

INTERROGARTORY NO. 1: Please state your full name, homeaddress (and all addresses for the last five (5) years,social security number, date of birth, marital status,partnership and professional positions (and all

professional positions for the last five (5) years.

ANSWER:

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INTERROGARTORY NO. 2: Identify, with specificity, thedate and manner in which you learned and what action(s)you took as to notification that the Plaintiff had fileda State Bar Complaint against two attorneys (Partrick and

Hurley) in your law firm.

ANSWER:

INTERROGARTORY NO. 3: Identify, with specificity, allpersonal and professional associations with members ofthe North Carolina Judiciary (Judges), past and present.

ANSWER:

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INTERROGARTORY NO. 4: Identify, with specificity, alllitigation between any pro se litigant and you (and/oryour law firm) that went (past the pre-trial stage) to

trial.

ANSWER:

INTERROGARTORY NO. 5: Identify, with specificity, whoused your electronic signature on the letters to thePlaintiff that dismissed the grievances against Partrickand Hurley.

ANSWER:

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INTERROGARTORY NO. 6: Identify, with specificity, whatactions you undertook to identify and place alitigation hold on all relevant information pendinglitigation discovery?

ANSWER:

INTERROGARTORY NO. 7: Identify, with specificity, allpersons with knowledge of any facts surrounding theissues associated with this litigation.

ANSWER:

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INTERROGARTORY NO. 8: Identify, with specificity, whenand what actions you undertook when you learned thatyour attorneys, without the oversight of the DistrictAttorney or the Attorney General, criminally prosecutingthe Plaintiff.

ANSWER:

INTERROGARTORY NO. 9: Identify, with specificity, whenand what actions you undertook when you learned thatpersonal medical information of Residents at The Laurelsof Forest Glenn had been included multiple times incourt and state agency filings by your attorneys withoutany attempt to redact the information [MAKING THE

INFORMATION PUBLIC RECORD].

ANSWER:

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INTERROGARTORY NO. 10: Identify, with specificity, whenand what actions you undertook when you learned thatyour attorneys were seeking civil contempt chargesagainst the Plaintiff for publishing public records.

ANSWER:

INTERROGARTORY NO. 11: Explain why no corporate officerof Defendant OAK HEALTH CARE INVESTORS OF NORTHCAROLINA, INC., A NORTH CAROLINA CORPORATION or LAURELHEALTH CARE COMPANY, as the purported aggrieved personprovided an affidavit, as required by law, to initiateeither the criminal or civil prosecutions of the

Plaintiff.

ANSWER:

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INTERROGARTORY NO. 12: Identify, with specificity, whatactions you undertook to investigate the character andhistory of Robert Dustin Bryant.

ANSWER:

INTERROGARTORY NO. 13: Identify, what supervisoryoversight you exercised over Defendants Partrick andWest in regards to the prosecution of the Plaintiff.

ANSWER:

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INTERROGARTORY NO. 14: Identify, with specificity, whatactions you undertook to investigate the theft ofexculpatory evidence and the tampering with witnessescharges surrounding Monroe Jackson Jack Nichols.

ANSWER:

INTERROGARTORY NO. 15: Why did you file multiplepleadings unredacted and not under seal if you wereconcerned about the information becoming public?

ANSWER:

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INTERROGARTORY NO. 16: Identify, with specificity, whatother persons have been criminally prosecuted byattorneys of your law firm for publishing informationcontained in public records.

ANSWER:

INTERROGARTORY NO. 17: Identify, with specificity, whatevidence you received that lead you to believe thatDefendants OAK HEALTH CARE INVESTORS OF NORTH CAROLINA,INC., A NORTH CAROLINA CORPORATION d/b/a The Laurels ofForest Glenn had employees covered by peer-reviewprotections.

ANSWER:

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INTERROGARTORY NO. 18: Identify, with specificity, allpersons that you represented in motion to quashproceedings since March of 2005, who were not requiredto personally pay an attorney fee [to include if youapproached them or they approached you].

ANSWER:

INTERROGARTORY NO. 19: Describe, with specificity, theamount paid in legal fees to Defendants Yates, McLamband Weyher, LLP since March of 2005.

ANSWER:

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INTERROGARTORY NO. 20: Describe each action taken, thenature, contents and subject matter of each discussionor conversation held, and the time, place and the dateof each such action or conversation; and identify alldocuments relevant, related to or reflecting saidinvolvement of each such person concerning the civil andcriminal prosecution of the Plaintiff.

ANSWER:

INTERROGARTORY NO. 21: To the extent not previouslydone, identify all documents relevant, related to, orreflecting any aspect of any efforts undertaken by youto collect any information concerning the prosecution ofthe Plaintiff.

ANSWER:

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INTERROGARTORY NO. 22: Identify all documents that theDefendants collectively intend to rely upon as a defenseto the charges in the complaint.

ANSWER:

INTERROGARTORY NO. 23: While the Motion For Civil Contempt waspending [Fall 2009] before the court and you received the copyof Kenneth C. Johnsons North Carolina Board of Nursing filepursuant to a public records request, why did you or yourattorneys fail to inform the court that the exculpatoryevidence proved conclusively that the information that was thebasis of the pending motion was public record?

ANSWER:

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INTERROGARTORY NO. 24: Describe your procedure andpolicy with respect to the maintenance, preservation,and destruction of documents, stating in your Answerwhether any documents or things relating to anyinformation requested in these interrogatories, orrelated in any way to this lawsuit, have ever beendestroyed or are no longer in your custody. For eachsuch document, please identify the document, how, whenand why each document was destroyed or otherwise leftyour control, the identity of any person who

participated in any way in the destruction and/or actionfor destroying the document or to transfer it out ofyour control or custody; and if the document stillexists, identify the person now having control orcustody of the document.

ANSWER:

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INTERROGARTORY NO. 25: Did you or any attorney from your lawfirm advise the subpoenaed witnesses involved in this ongoing

litigation, that they did not have to retain you as counsel,that they could cooperate with the subpoenas, and/or advisethem that no retaliation would result against them for theirtestimony in either the administrative or civil cases?

REQUEST FOR ADMISSIONS

1) Admit that you expressly authorized and ratified DefendantYates, Mclamb & Weyher, LLP to prosecute the Plaintiff forcriminal contempt.

2) Admit that you expressly authorized and ratified DefendantYates, Mclamb & Weyher, LLP to pursue civil contemptcharges against the Plaintiff for publishing publicrecords.

3) Admit that you never specifically charged your client$1,270 for a Motion to Strike summons.

4) Admit that all information contained in court documentsand state agency files are public records.

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5) Admit that all of the published information that was thebasis for your prosecution of the Plaintiff was then andremains public records.

6) Admit that you have not taken any steps to compel the

courts or any state agency to remove, redact or seal anypublic record information that was the basis for yourprosecution of the Plaintiff.

7) Admit that you became aware that Monroe Jackson Nicholsremoved a compact disc containing exculpatory evidencefrom the courthouse file and misrepresented anothercompact disc as the one he had removed.

8) Admit that you authorized the same attorneys involved inthe civil litigation of Plaintiff to act as prosecutors in

the criminal prosecution of the Plaintiff.

9) Admit that you received written notice from the Plaintiffthat your prosecution of the Plaintiff was in violation ofhis due process rights under the North Carolina and UnitedStates Constitutions.

10) Admit that you moved to quash a subpoena of Wanda Seymourto prevent her testimony at a hearing, on the grounds thatshe was a shift worker, although the subpoena notified herof the hearing weeks before was to attend the hearing.

11) Admit that you moved to quash subpoenas of Wanda Seymourand other employees by stating that they were representedby Defendant Yates, Mclamb & Weyher, LLP although none ofthose employee witnesses paid to retain counsel.

12) Admit that you, by and through your attorneys moved to

quash subpoenas of Wanda Seymour and others employees bystating that they had information protected by peer reviewstatutes, but none of the witnesses actually were membersof a peer review committee.

13) Admit that there was no peer review committee at theLaurels of Forest Glenn from January of 2005 throughMarch of 2005.

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14) Admit that no patient-identifiable information wasincluded in the published posts that were the basis ofyour criminal and civil prosecutions of the Plaintiff.

15) Admit that none of the information included in thepublished posts that were the basis of your criminal and

civil prosecutions of the Plaintiff contained falsestatements.

16) Admit that you authorized Defendants West and Partrick toprosecute the Plaintiff without seeking or obtaining anorder of the court or supervision of the DistrictAttorney.

17) Admit that you did not consult with the District Attorneyfor supervision before or during your criminal prosecutionof the Plaintiff.

18) Admit that you did not seek or obtain an order from theCourt, giving you or your attorneys the authorization toproceed as criminal prosecutors.

19) Admit that you would not have proceeded with a criminalprosecution of the Plaintiff, without a court order thatauthorized your attorneys to act as prosecutors andwithout the required oversight of the District Attorney,had the Plaintiff not been African American, pro se andindigent.

REQUEST FOR PRODUCTION OF DOCUMENTS

1. Produce all documents identified in, or used in thepreparation of, your responses to these First Set ofInterrogatories with specific production of the following:

a) All investigative reports.

b) All documents notifying residents and/or theirresponsible party of the issues concerning their personalinformation.

c) Detailed attorney fees paid to Defendant Yates,Mclamb & Weyher from March 2005 until present.

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d) Cancelled check or other verified document showingthe $1,270 payment [mentioned in the complaint] from the client toDefendant Yates, Mclamb & Weyher.

e) All pleadings and other papers that you, through yourattorneys, filed unredacted with the court or any state agency that

includes information that was the subject of the criminal and civilprosecution of the plaintiff.

f) Your Income Tax Returns for years 2005 until thepresent.

g) All documents showing the members of any peer reviewcommittee at The Laurels of Forest Glenn, relevant to thislitigation. [Can be reviewed in-camera by the court]

h) All other documents relevant to this litigation.

This the 10th day of February 2010.

____________________________

Kenneth C. Johnson3105 Manchester CourtJamestown, North Carolina27282(919) 341-7382

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing Interrogatories, Requestfor Admissions & Production of Documents and any attachmentsthereto have been served on the Attorney of record for theDefendant, as listed below by depositing the same in a postpaid,properly addressed wrapper in a post office or other officialdepository under the exclusive care and custody of the United

States Postal Service or by other method of delivery as authorizedby the North Carolina Rules of Civil Procedure

This the ___10th___ day of February 2010.

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X United States Mail:

________ Fax:

________ Email:

Walter E. Brock, Jr.Young, Moore & Henderson, P.A.Post Office Box 31627Raleigh, N.C. 27622Attorney For DefendantBarbara B. Weyher

______________________________

Kenneth C. Johnson3105 Manchester CourtJamestown, North Carolina27282(919) 341-7382

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