The following is not legal advice. Below are a set of questions I can ask Mr. Gaffney as a part of discovery. The questions are limited to issues that he complained about, hid lost income, his reputation, his or anyone's use of pejoratives, etc.
COMMONWEALTH
OF MASACHUSETTS
WORCESTER, SS
SUPERIOR COURT
16-0288 B
********************************
Michael Gaffney, Plaintiff
Vs.
Gordon T. Davis
Defendant
Vs.
InCity Times
Rosalie Tirella
Defendants *
********************************
DEFENDANT
FIRST SET OF INTERROGATORIES
TO
BE ANSWERED BY PLAINTIFF UNDER OATH
DEFINITIONS
A. IDENTIFY, OR
IDENTITY, when used in reference to:
1. PERSON OR
INDIVIDUAL shall mean to state his or her full name, present or last known
residence address (designating which), job title, employment address, business
and residence telephone numbers.
2. A firm, corporation
or other organization shall mean to state in full name, present or last known
address and telephone number (designating which), the legal for of such entity
or organization, and the IDENTITY of its chief executive officers.
3. DOCUMENT shall mean
to state the title (if any); the DATE; the IDENTITY of author, sender,
recipient, letter, memorandum, book, telegram, chart, etc.; or some means of
identifying it; and to IDENTIFY its present location and custodian;
4. LOCATION OR PLACE shall
mean to name a physical place in such detail as to satisfy Rule 34(b) of the
Massachusetts Rules of Civil Procedure, with respect to “reasonable
particularity”;
5. An ORAL
communication shall mean to state the DATE, subject matter, communicator,
communicate, nature of the communication (i.e., by telephone or face – to –
face, etc.), whether it was recorded in any way, and, if so, the manner in
which it was recorded, and the identity of any witnesses thereto;
6. COST OR AMOUNT
shall mean to state the total cost or amount and to itemize the cost or amount
of each component of the total, including but not limited to material
equipment, depreciation, salvage value, labor, taxes, overhead and profit;
7. STATE OR STATEMENT
shall mean to state in detail the DATE; the IDENTITY of the person making the
statement; the person to whom it is directed; the substance of the statement;
whether it was recorded in any manner, and if so, the manner in which it was
recorded and the IDENTITY of its present location and custodian; whether it was
verified by the person making the statement; the IDENTITY of any witnesses
thereto, and whether the statement was written or oral.
B. DATE shall mean the
exact day, month, and year, if ascertainable, or, if not, the best available
approximation including relationship to other events (indicating whether a DATE
is exact or approximate.
C. DESCRIBE shall mean
to specify in detail and to particularize the content of the answer to the
question and not just to state in summary or outline fashion, including but not
limited to stating each DATE, fact, including but not limited to stating each
DATE, fact, event, occurrence and IDENTIFYING each DOCUMENT and IDENTIFYING
each individual who can testify as to the alleged dates, facts, events, and
occurrences.
D. DOCUMENT shall mean
any physical embodiment of information, including but not limited to every
writing or record of every type and description that is of has been in the
possession, control or custody of the responding PLAINTIFF or of which the
responding PLAINTIFF has knowledge.
E. INCIDENT shall mean
the claim of the PLAINTIFF and the surrounding events and circumstances,
including any counterclaim filed or to be filed by the Defendants.
F. PLAINTIFF shall
mean GORDON T. DAVIS.
A. DEFENDANT shall
mean AIDEN KEARNEY AND/OR TURTLEBOY SPORTS, INC.
INSTRUCTIONS
1. In answering each
interrogatory, please identify each individual who was a source of and
information provided in the answer.
2. The answer to the
interrogatories must include all information known to you and all persons
acting on your behalf or under your control, including but not limited to you
and all persons acting on your behalf or under your control, including but not
limited to you attorneys, investigators, insurance carriers and their
representatives. If you do not have
information to answer an interrogatory, you are under duty to make a reasonable
effort to obtain such.
3. These
interrogatories are to be deemed continuing in nature and it is hereby
requested that any newly discovered, corrected of additional information
responsive to these interrogatories be supplied as soon as is reasonably
practicable upon receipt thereof.
INTERROGATORIES
1. Please
state your name, your present residential address, your present occupation and
work address and describe your present job responsibilities. If more than one,
please state all.
2. Please
identify each and all persons who has knowledge of any fact relating in any
manner of the events, transactions or occurrences that are described in the
Complaint and in any pleading setting forth a claim or defense or counterclaim
in this action, and for each such person state:
a.
Name, address and telephone number
b.
Describe to the best of your knowledge the
subject matter and facts about which they have knowledge and in what capacity
or circumstance they acquired such knowledge;
c.
State whether or not you or any of your
agents, attorneys, servants or employees know of the existence of, have taken
or have in your or their possession a statement (as defined in Mass.R.Civ.P.
26(b)(3) made by or taken from such a person concerning this action or its
subject matter; and
d.
Indicate whether or not you intend to call
the person as a witness at trial.
3. Please
state separately and in as much detail as possible all the facts upon which you
rely for any allegation made in the Complaint.
4. Please
describe the nature and date of all illnesses, accidents or injuries from which
you have suffered up to and including the present date.
Please
include any treatment for Mental Anguish and any other mental illness or
condition.
5. Please
state the identity of any and all clients who engaged you as an “attorney” in
the past five years, including in your answer the address of any such person,
the date any such person hired you as an “attorney”, the purpose of your legal
counsel and the forum in which you practiced in the interest of any such
person.
6. For
any legal counsel described in your answer to Interrogatory No. 5, please state
(a) whether you had a fee agreement with your legal counsel client, (b) the
date of any such fee agreement, (c) the amount of any fee received from any
such advocacy client and (d) the amount due from each such legal counsel client
.
7. For
any legal counsel client described in your answer to Interrogatory No. 5, please
state whether any legal counsel client terminated your employment or engagement
based upon statements made by the Defendants.
8. If
your claim is that you have been denied employment or engagement as an attorney
by any person based solely upon statements allegedly made by either one or all Defendants,
please state: (a) the name of any such
potential client for advocacy service, (b) the date or dates on which you
believe you would have served as an attorney for any such potential client, (c)
the amount of income you could reasonably have expected to have received from
any such potential client.
9. If
your services as an “attorney” have ever been terminated or declined for
reasons other than statements made by the Defendants, please state (a) the date
or dates on which you have been so terminated or declined for service as an
advocate, (b) the exact reason for your having been terminated, (c) the name
and address of any client who has terminated your services, and (d) the amount
of income lost by any such termination.
10.
If you referred legal counsel clients to
attorneys, please state: (a) the name
and address of any attorney to whom you have referred advocacy clients, (b) the
date or dates on which you have referred advocacy clients to each such
attorney, (c) whether you have a referral agreement with any such attorney
whereby you continue to render advocacy services after referral and (d) the
amounts paid to you by any client or attorney after referral to an attorney.
11.
Please identify in detail all losses and damages
claimed in your complaint, including in your answer the exact nature of any
such loss or damage, date or dates any such loss or damage was incurred, the
amounts of any such loss or damage and the method by which any such valuation
of damages was calculated.
12.
Please describe your complete employment
history, stating as to each job: (a) the
dates of your employment, (b) the name and address of your employer, (c) your
job title, (d) your hourly, weekly or monthly rate of compensation and actual
earnings received and (e) your reason for separation from this employment.
13.
Please describe in complete detail your
educational background and training, including in your answer the names and
addresses of schools attended, any degrees received and the dates of
attendance.
14.
Please state the name, current address of
each person who was a witness to or has any knowledge of any occurrence, event,
fact, circumstance or discoverable matter upon which your claim is based or
founded, specifying each occurrence, event, fact, circumstance or discoverable
matter each such person was a witness to or had knowledge.
15.
Please identify each person that you intend
to call as an expert witness at trial and, for each such witness state:
a.
The subject matter on which the witness is
expected to testify;
b.
The substance of the facts and opinions to
which the person is expected to testify; and
c.
A summary of the personal knowledge or
other grounds for each such opinion.
16.
Please identify each document or tangible
thing that you intend to rely on in your case, and for each such document
indicate for what purpose you intend to present it as an exhibit at the trial
of this action.
17.
Please describe your relationship(s) with
Turtleboy Sports or any of its employees, whether it was business, quid pro
quo, or any other.
18.
Did
you in any manner correspond with Turtle Boy Sports or any its employees before
filing your instant Complaint?
19.
Please describe any and all investigations
by Massachusetts Ethic Commission and/or OCPF into any of your professional
practices. Please include the accusations/charges
and findings.
20.
Did
Turtleboy Sports or Aiden Kearney provided informational to you regarding
Mosaic Cultural Center located 41 Piedmont St. Worcester MA? If so what was the
information it provided to you?
21.
Have you or any of your friend,
acquaintances, family, co workers, campaign staff used racial or other pejoratives?
If please provide the names of those people including the actual pejoratives
such as “nigger”, “spic”, faggot, “bitch”.
Please provide the name and relationship to you of each person using the
pejorative and the pejorative used.
22.
Please provide a legal definition or financial
definition of “political capital”.
23.
Please describe in detail the “political
capital” you were in possession of on January 31, 2016 and how much of that
political capital you lost after the publication of the alleged libel.
24.
Please provide a detail description of the
calculation of your alleged loss or harm from the alleged libel.
By
the Pro Se Plaintiff
Gordon
T. Davis
Worcester, MA 0l604
CERTIFICATE OF SERVICE
I, Gordon T. Davis, Pro Se Defendant,
hereby certify that I have this day served the foregoing by mailing first
class, postage prepaid to:
1 Bancroft Tower Road
Worcester, Massachusetts 0l609
______________________________ ________________________
Gordon T.
Davis
March 20,
2016
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