Theresa Patterson STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE, S.C. MADOONA CICCONE and : GUY RITCHIE, : Plaintiffs, : : vs. : C.S No. XX-XXXX : ROBERT DOWNEY, JR., : ANGELINA JOLIE, LEAKY HOMES : and MARIAH CAREY, individually, and : d/b/a RIPOFF REALTY, : Defendants : DEFENDANTS ROBERT DOWNEY, JR., ET AL RESPONSE TO PLAINTIFF’S FIRST SET OF INTERROGATORIES Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, named defendants Robert Downey, Jr. (hereinafter, the “Responding Defendant”) hereby responds to the First Set of Interrogatories proponed by the plaintiffs as follows: GENERAL REPONSES AND OBJECTIONS Each of the Responding Defendant responses, in addition to any specifically stated objections, is subject to and incorporates the following general responses and objections. The assertion of the same, similar, or additional objections, or a partial response to any individual request does not waive ant of the defendants’ general responses and objections. 1. The Plaintiffs’ First Set of Interrogatories do not define the term “defendants” and therefore, will be interpreted and used herein only as the named defendants or the Responding Defendant, as appropriate. 2. The following responses reflect the current state of the defendant’s knowledge, understanding and belief respecting matters about which inquiry has been made. The defendants expressly reserve their right to supplement or modify these responses with such pertinent information as they may hereafter discover or as may be informed by the opinions of experts retained by the parties to testify in the trial of this matter, and will do so to the extent required by the Federal Rules of Civil Procedure. The defendants expressly reserve the right to rely on, at any time, including trial, subsequently discovered documents and/or materials that have been produced promptly upon discovery. 3. The defendants object to any interrogatory that seeks information constituting or containing information concerning communications between the defendants and their counsel, which are protected by the attorney-client privilege. 4. The defendants object to any interrogatory that seeks information constituting or containing information prepared in anticipation of or as a result of litigation or which is otherwise protected by the work product doctrine or other available privilege or protection. 5. The inadvertent provision of information or the production by the defendants of documents pursuant to Fed. R. Civ. P. 33(d) containing information protected from discovery by the attorney-client privilege, work product doctrine or any other applicable privilege, shall not constitute a waiver of such privileges with respect to that information or those or any other documents. In the event that inadvertent production occurs, the Plaintiffs shall return all inadvertently produced documents to the defendants upon request, and/or shall make no use of the contents of such information or documents nor premise any further discovery on information learned therefrom. SPECIFIC OBJECTIONS AND RESPONSES Interrogatory No. 3 If you contend that you had no knowledge of any defects, imperfections, flaws, blemishes, and/or deficiencies at, in, on, and/or under the Property, please state in complete detail the factual bases for your contention, identify all documents that concern the same, and identify all persons with knowledge of the same. Response Interrogatory No. 4 Please identify all persons and/or entities who provided any work and/or materials for the construction of the House or other improvements at the Property, and please set forth in complete detail the work and/or materials provided, the dates on which such work and/or materials were provided, and the identity of all persons with knowledge of the provision of such work and/or materials. Response Interrogatory No. 5 Please describe in complete detail all communications by, between, and/or among you, Jolie, and/or Carey that concern the sale of the Property to Plaintiffs, identify all documents that concern the same, and identify all persons with knowledge of the same. Response Interrogatory No. 8 Please identify all documents, exhibits, and/or tangible evidence that you intend to introduce into evidence at the trial of the Action. Response Interrogatory No. 9 Were you ever aware of, did you ever witness and/or experience, did you ever notice, or did anyone else ever communicate with you about, any flooding, leaking, seeping, drainage, infiltration, and/or other water problems, issues, events, and/or circumstances at the Property? If your answer is in the affirmative, please: (a) state the date(s) on which you became aware of the same (b) state in complete detail what occurred: (c) identify all persons with knowledge of the same; and (d) identify all documents that concern the same. Response Interrogatory No. 10 Please state in complete detail all representations (oral, written, or otherwise) that you made to Plaintiffs concerning the Property, as well as all representations that you witnessed Jolie and/or Carey make to Plaintiffs concerning the Property, identify all documents that concern the same, and identify all persons with knowledge of the same. Response Interrogatory No. 11 Please state in complete detail all repairs, improvements, modifications, and/or other work done at, and/or materials delivered to, the Property, during your ownership of the Property, state the date(s) on which such work and/or materials were provided, identify all persons and/or entities who provided the same, identify all documents that concern the same, and identify all persons with knowledge of the same. Response VERIFICATION I have read the foregoing Responses, which are based on a diligent and reasonable effort by me to obtain information currently available. I reserve the right to make changes in or additions to any of these answers if it appears at any time that errors or omissions have been made or if more accurate or complete information becomes available. Subject to these limitations, these Responses are true to the best of my present knowledge, information, and belief. Subscribed and sworn to under the pains and penalties of perjury this ___ day of August, 2013. ________________________________ Guy Ritchie By: Lawyer 1 As to Objections: __________________________________ Philip J. Laffey, Esq. Marshall & Laffey Ltd. 50 Power Road Pawtucker, RI 02860 Dated: August __, 2013 CERTIFICATE OF SERVICE I hereby certify that a true copy of the above document was served upon all counsel of record by first-class mail on August___, 2013. Theresa Patterson STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE, S.C. MADOONA CICCONE and : GUY RITCHIE, : Plaintiffs, : : vs. : C.S No. XX-XXXX : ROBERT DOWNEY, JR., : ANGELINA JOLIE, LEAKY HOMES : and MARIAH CAREY, individually, and : d/b/a RIPOFF REALTY, : Defendants : DEFENDANTS ROBERT DOWNEY, JR., ET AL RESPONSE TO PLAINTIFF’S FIRST SET OF INTERROGATORIES Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, named defendants Robert Downey, Jr. (hereinafter, the “Responding Defendant”) hereby responds to the First Set of Interrogatories proponed by the plaintiffs as follows: GENERAL REPONSES AND OBJECTIONS Each of the Responding Defendant responses, in addition to any specifically stated objections, is subject to and incorporates the following general responses and objections. The assertion of the same, similar, or additional objections, or a partial response to any individual request does not waive ant of the defendants’ general responses and objections. 1. The Plaintiffs’ First Set of Interrogatories do not define the term “defendants” and therefore, will be interpreted and used herein only as the named defendants or the Responding Defendant, as appropriate. 2. The following responses reflect the current state of the defendant’s knowledge, understanding and belief respecting matters about which inquiry has been made. The defendants expressly reserve their right to supplement or modify these responses with such pertinent information as they may hereafter discover or as may be informed by the opinions of experts retained by the parties to testify in the trial of this matter, and will do so to the extent required by the Federal Rules of Civil Procedure. The defendants expressly reserve the right to rely on, at any time, including trial, subsequently discovered documents and/or materials that have been produced promptly upon discovery. 3. The defendants object to any interrogatory that seeks information constituting or containing information concerning communications between the defendants and their counsel, which are protected by the attorney-client privilege. 4. The defendants object to any interrogatory that seeks information constituting or containing information prepared in anticipation of or as a result of litigation or which is otherwise protected by the work product doctrine or other available privilege or protection. 5. The inadvertent provision of information or the production by the defendants of documents pursuant to Fed. R. Civ. P. 33(d) containing information protected from discovery by the attorney-client privilege, work product doctrine or any other applicable privilege, shall not constitute a waiver of such privileges with respect to that information or those or any other documents. In the event that inadvertent production occurs, the Plaintiffs shall return all inadvertently produced documents to the defendants upon request, and/or shall make no use of the contents of such information or documents nor premise any further discovery on information learned therefrom. SPECIFIC OBJECTIONS AND RESPONSES Interrogatory No. 3 If you contend that you had no knowledge of any defects, imperfections, flaws, blemishes, and/or deficiencies at, in, on, and/or under the Property, please state in complete detail the factual bases for your contention, identify all documents that concern the same, and identify all persons with knowledge of the same. Response Interrogatory No. 4 Please identify all persons and/or entities who provided any work and/or materials for the construction of the House or other improvements at the Property, and please set forth in complete detail the work and/or materials provided, the dates on which such work and/or materials were provided, and the identity of all persons with knowledge of the provision of such work and/or materials. Response Interrogatory No. 5 Please describe in complete detail all communications by, between, and/or among you, Jolie, and/or Carey that concern the sale of the Property to Plaintiffs, identify all documents that concern the same, and identify all persons with knowledge of the same. Response Interrogatory No. 8 Please identify all documents, exhibits, and/or tangible evidence that you intend to introduce into evidence at the trial of the Action. Response Interrogatory No. 9 Were you ever aware of, did you ever witness and/or experience, did you ever notice, or did anyone else ever communicate with you about, any flooding, leaking, seeping, drainage, infiltration, and/or other water problems, issues, events, and/or circumstances at the Property? If your answer is in the affirmative, please: (a) state the date(s) on which you became aware of the same (b) state in complete detail what occurred: (c) identify all persons with knowledge of the same; and (d) identify all documents that concern the same. Response Interrogatory No. 10 Please state in complete detail all representations (oral, written, or otherwise) that you made to Plaintiffs concerning the Property, as well as all representations that you witnessed Jolie and/or Carey make to Plaintiffs concerning the Property, identify all documents that concern the same, and identify all persons with knowledge of the same. Response Interrogatory No. 11 Please state in complete detail all repairs, improvements, modifications, and/or other work done at, and/or materials delivered to, the Property, during your ownership of the Property, state the date(s) on which such work and/or materials were provided, identify all persons and/or entities who provided the same, identify all documents that concern the same, and identify all persons with knowledge of the same. Response VERIFICATION I have read the foregoing Responses, which are based on a diligent and reasonable effort by me to obtain information currently available. I reserve the right to make changes in or additions to any of these answers if it appears at any time that errors or omissions have been made or if more accurate or complete information becomes available. Subject to these limitations, these Responses are true to the best of my present knowledge, information, and belief. Subscribed and sworn to under the pains and penalties of perjury this ___ day of August, 2013. ________________________________ Guy Ritchie By: Lawyer 1 As to Objections: __________________________________ Philip J. Laffey, Esq. Marshall & Laffey Ltd. 50 Power Road Pawtucker, RI 02860 Dated: August __, 2013 CERTIFICATE OF SERVICE I hereby certify that a true copy of the above document was served upon all counsel of record by first-class mail on August___, 2013. DEFENDANTS ROBERT DOWNEY, JR., ET AL RESPONSE TO PLAINTIFF’S FIRST SET OF INTERROGATORIES_______________________