1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

CARPENTER, HAZLEWOOD, DELGADO & BOLEN, PLC

Attorneys at Law1400 E. Southern Ave., Suite 400Tempe, Arizona 85282-8010

t (480) 991-6949, f (480) 991-7040Jason E. Smith - 023007

Lindsey N. O'Connor - 028216m inuteentries@carpenterhazlewood. com

BELLASERA.0017.CAU

Attorneys for Defendant Bellasera Community Association, Inc.

c

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

LABADI FAMILY LIMITEDPARTNERSHIP, a Nevada limitedpartnership; OSUJI FAMILY LIMITEDPARTNERSHIP, a Nevada limitedpartnership;

Plaintiffs,

vs.

BELLASERA COMMUNITYASSOCIATION, INC., an Arizona non-profit corporation,

Defendant.

Case No.: CV2012-050858

DEFENDANT BELLASERACOMMUNITY ASSOCIATION, INC.'SNON-UNIFORM INTERROGATORIES

TO PLAINTIFFS

(Assigned to the HonorableLinda H. Miles)

TO: PLAINTIFFS LABADI FAMILY LIMITED PARTNERSHIP ANDOSUJI FAMILY LIMITED PARTNERSHIP

Pursuant to AR~z. R. C~v. P. 33 and 33.1, Defendant Bellasera Community

Association, Inc. hereby requests that you answer in writing and under oath the

following interrogatories within forty (40) days after service hereof. The following

instructions and definitions shall be applicable these interrogatories.

1

1

2

3

4

5

6

7

8

9

10

11 i

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

INSTRUCTIONS FOR USE

A. All information is to be divulged which is in the possession, custody, or control of ~

Plaintiffs Labadi Family Limited Partnership and Osuji Family Limited Partnership,

Plaintiffs Labadi Family Limited Partnership and Osuji Family Limited Partnership's

attorneys, investigators, agents, employees, or other representatives.

B. When an individual interrogatory calls for an answer which involves more than

one part, each part of the answer should be clearly set out so that it is understandable.

C. If you cannot answer an interrogatory in full and you have exercised thorough

diligence in an attempt to secure the information requested, then you must so state. You

must also explain to the fullest extent possible the specific facts concerning your

inability to answer the interrogatory and supply whatever information or knowledge you

have concerning any unanswered portion of an interrogatory.

D. If your answer to any interrogatory is "unknown," "not applicable," or any similar

phrase or answer, state the following:

1. Why the answer to that interrogatory is "unknown";

2. The efforts made to obtain the answers to the particular interrogatory; and

3. The name and address of any person who may know the answer.

E. Where an interrogatory requires you to state facts you believe support a particular

allegation, contention, conclusion, or statement, set forth with particularity:

1. All facts relied upon;

2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2. The identity of all lay witnesses who will or may be called to testify

with respect to those facts; and

3. The identity of all experts who will or may be called to testify with

respect to those facts.

F. If you contend that an answer to any interrogatory is privileged in whole or in

part, or if you object to any interrogatory in whole or in part, state the reasons for such

objection and identify each person having knowledge of the factual basis, if any, on

which the privilege is asserted.

G. The original and one (1) copy are served herewith. Please complete the original

and one (1) copy, return the original to undersigned counsel, and attach a verification

therefor. You may keep the copy for your records.

H. These interrogatories are intended as continuing interrogatories which require that

you supplement your answers, setting forth any information within the scope of the

interrogatories as may be required by you, your agents, attorneys, or other

representatives following the service of your original answers.

DEFINITIONS

1. "You," "your," or "Plaintiffs" means Plaintiffs Labadi Family Limited

Partnership and Osuji Family Limited Partnership and representatives, agents,

employees, attorneys, investigators, or any other person acting on Plaintiffs Labadi

Family Limited Partnership and Osuji Family Limited Partnership's behalf Separate

answers should be given for each person named as the party.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27i

28 I

2. "Person" means an individual, firm, corporation, association, organization, or any

other entity.

~~ The term "document" includes all electronic media or other tangible forms in

which information is stored and includes all written or graphic matter of every kind and

description, however produced or reproduced, WHETHER DRAFT OR FINAL, original

or reproduction, including, but not limited to, letters, correspondence, memoranda,

notes, films, transcripts, contracts, agreements, licenses, memoranda of telephone

conversations or personal conversations, microfilm, telegrams, books, newspaper

articles, magazines, advertisements, periodicals, bulletins, circulars, pamphlets,

statements, notices, reports, rules, regulations, directives, teletype messages, minutes of

meetings, interoffice communications, reports, financial statements, ledgers, books of

account, proposals, prospectuses, offers, orders, receipts, working papers, desk

calendars, appointment books, diaries, time sheets, logs, movies, tapes for visual or

audio reproduction, recordings or materials similar to any of the foregoing, however

denominated, and including writings, drawings, graphs, charts, photographs, data

processing results, printouts and computations (both in existence and stored in memory

components), and other compilations from which information can be obtained or

translated, if necessary, through detection devices into reasonably usable form. THE

TERM "DOCUMENT" INCLUDES ALL COPIES OF A DOCUMENT WHICH

CONTAIN ANY ADDITIONAL WRITING, UNDERLINING, NOTES, DELETIONS,

OR ANY OTHER MARKINGS OR NOTATIONS, OR ARE OTHERWISE NOT

IDENTICAL COPIES OF THE ORIGINAL.

4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4. When the term "document" is used herein, it is meant to include every "writing,"

"recording," and "photograph" as those terms are defined in ARIZ. R. EvID. 1001.

5. "Possession, custody, or control" includes the joint or several possession,

custody, or control of Plaintiffs Labadi Family Limited Partnership and Osuji Family

Limited Partnership and Plaintiffs Labadi Family Limited Partnership and Osuji Family

Limited Partnership's agents, attorneys, and representatives.

6. "Identify" as used herein with respect to a document shall be read to require a

statement of all of the following information relative to such document:

(a) Title;

(b) Nature and subject matter;

(c) Date;

(d) Author;

(e) Addressee;

(~ File number or other identifying mark or code;

(g) Location by room, building, address, city and state;

(h) Identification of custodian.

9. "Identify" as used herein with respect to any event, conversation, including any

telephone conversation, or meeting shall be read to require a statement of all of the

following:

(a) The date on which it occurred;

(b) The identity of each and every person who was present or who

participated;

5

1

2

3

4

5

6

8

9I

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(c) The place at which it occurred or, in the case of a telephone

communication, the location of each party.

13. Where the term "negotiations(s)" is used, it is meant to mean or to include

conversations, discussions, meetings, conferences, and other written or verbal exchanges

which relate to the contract.

14. "Association" refers to Defendant Bellasera Community Association, Inc.

15. "Property" refers to Plaintiffs' 12-acre parcel of real property located in ~~,

Scottsdale, Arizona, which is the subject of Plaintiffs' complaint.

NON-UNIFORM INTERROGATORIES

Non-Uniform Interrogatory No. 1: Please provide the names and contact informati

for all representatives of Verizon Wireless you or your predecessors-in-interest

communicated with regarding the alleged placement of a wireless communication

on the Property.

3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Non-Uniform Interrogatory No. 2: Please describe in detail all of your or

predecessors-in-interest's communications, dealings, and negotiations with

representative of Verizon Wireless regarding the alleged placement of a

communication facility on the Property.

Non-Uniform Interrogatory No. 3: Please identify any document regarding the alle

placement of a wireless communication facility on the Property.

Non-Uniform Interrogatory No. 4: Please describe in detail any valuation appeals

or your predecessors-in-interest have made with the Maricopa County Assessor's

related to the Property.

7

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Non-Uniform Interro~atory No. 5: Please provide the names and contact informati

for any person at the Maricopa County Assessor's office you or your predecessors-in

interest have communicated with regarding any and all valuation appeals related to

Property.

Non-Uniform Interrogatory No. 6: Please describe in detail all of your or

predecessors-in-interest's communications, dealings, and negotiations with any person a

the Maricopa County Assessor's office regarding any and all valuation appeals related

the Property.

Non-Uniform Interrogatory No. 7: Please identify any document regarding valuati

appeals for the Property.

8

1

2

3i

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18 ~'

19

20

21

22

23

24

25

26

27

28

Non-Uniform Interrogatory No. 8: Please provide the names and contact informati

for all representatives of Bellasera Corp., dba Del Webb Bellasera Corp., you or

predecessors-in-interest have communicated with regarding access to the Property.

Non-Uniform Interrogatory No. 9: Please describe in detail all of your or

predecessors-in-interest's communications and dealings with any representative

Bellasera Corp., dba Del Webb Bellasera Corp., regarding access to the Property.

Non-Uniform Interrogatory No. 10: Please identify any document to or from

representative of Bellasera Corp., dba Del Webb Bellasera Corp., regarding access to

Property.

D

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 '',

21

22

23

24

25

26

27

28

Non-Uniform Interrogatory No. 11: Please provide the names and contact informati

for all representatives of the City of Scottsdale you or your predecessors-in-interest

communicated with regarding access to the Property.

Non-Uniform Interrogatory No. 12: Please describe in detail all of your or

predecessors-in-interest's communications and dealings with any representative of

City of Scottsdale regarding access to the Property.

Non-Uniform Interrogatory No. 13: Please identify any document to or from

representative of the City of Scottsdale regarding access to the Property.

10

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 ',

21

22

23

24

25

26

27

28

Non-Uniform Interrogatory No. 14: Please provide the names and contact i

for all representatives and/or members of the Lone Mountain Vista Homeowners

Association, Inc. you or your predecessors-in-interest have communicated with re

access to the Property.

Non-Uniform Interro~atory No. 15: Please describe in detail all of your or

predecessors-in-interest's communications and dealings with any representatives and/

members of the Lone Mountain Vista Homeowners' Association, Inc. regarding access

the Property.

Non-Uniform Interrogatory No. 16: Please identify any document to or from

representative and/or members of the Lone Mountain Vista Homeowners'

Inc. regarding access to the Property.

11

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Non-Uniform Interro~atory No. 17: With regard to the parcels conveyed to

predecessors-in-interest via the warranty deed recorded in the Maricopa C

Recorder's office on March 1, 1974 at Docket 10539, Page 379, which can also be fi

at Recording No. 19740048884, please identify any and all subsequent conveyances

grants, and/or sales of the parcels or portions thereof, including:

a) The persons and/or entities to which the parcels or portions thereof

conveyed, granted, or sold;

b) If the parcels or portions thereof were conveyed, granted, or sold to

entity, identify the entity's representatives, principals, agents, or any

person acting on the entity's behalf;

c) The legal description of the property conveyed, granted, and/or sold;

d) The date of such conveyance, grant, or sale.

Non-Uniform Interrogatory No. 18: Please describe in detail how the Property wa;

accessed from 1979 to present.

12

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 i

21

22

23

24

25

26

27

28

Non-Uniform Interrogatory No. 19: Please describe in detail each and every action

have taken to market, sell, and/or develop the Property from 1979 to present.

Non-Uniform Interrogatory No. 20: Please describe in detail what use you intend

make of the Property (whether it be residential or a commercial use).

Non-Uniform Interrogatory No. 21: Please identify all evidence you intend to use

support your claim for damages.

13

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DATED this ~~ day of October, 2013.

reenter, o &Bolen, PLC

~asgrf ~. Smith, sc~~' 'Lindsey O. Ste rns, Esq.1400 East Sout ern Avenue, Suite 400Tempe, Arizona 85282Attorneys for Defendant

Original of the forgoing mailedthis ~~ day of October, 2013, to:

Roger T. Hargrove, Esq.Fennemore Craig, P.C.2394 East Camelback Road, Suite 600Phoenix, Arizona 85016-9077Attorneys for Plaintiffs

14