IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANGELA DENISE NAILS, *

*

PLAINTIFF, * 1:06-CV-00737.WKW

*

vs. *

*

DOTHAN RESCUE MISSION, *

*

DEFENDANT. *

RESPONSE TO PLAINTIFF S

MOTION FOR JUDGMENT

THE DEFENDANT, the Dothan Rescue Mission, moves the

Court to Strike or Deny the Plaintiff s Motion for

Judgment  filed on December 20, 2006. In support of this

request, the Defendant states:

1. Despite the Plaintiff s label of Motion for

Judgment  this pleading appears to be a Motion to Compel. 

2. The Plaintiff did not discuss any problems in the

discovery process with the Defendant before filing a Motion

to Compel with this Court. The Plaintiff has failed to make

a good faith effort to obtain any disclosures or discovery

material from the Defendant before filing a Motion with this

Court. This is in direct violation of Fed. R. Civ. P. 37. 

3. The Defendant properly responded to the

Plaintiff s written discovery pursuant to the Federal Rules

Case 1:06-cv-00737-WKW-SRW Document 31 Filed 12/22/2006 Page 1 of 4
Page 2 of 4

of Civil Procedure. 

4. The Defendant disclosed all relevant information

as required under Rule 26 in its initial disclosure packet

to the Plaintiff.

5. The Plaintiff did not produce a single document in

response to the Defendant s Request for Production. The

Plaintiff s responses to the Defendant s interrogatories

were for the most part incoherent or evasive. In the

Plaintiff s deposition on December 6, 2006, when asked why

she had not produced any documents the Plaintiff stated:

[by Mr. Walding]: And why have you not

produced to me a copy?

[by Ms.Nails]: Because you re a lawyer.

You re defending them. I m not just helping

you. 

Depo. of Angela Nails 77 lines 2 - 5.

When asked again why the Plaintiff did not produce any

documents,: she responded:

 I didn t, and I wasn t going to, even though

the question does ask that, that I produce

that. Was this a yes  or no  answer

anywhere else? Because, if not, that s not

my responsibility to send you any legal

documents where I looked up a legal remedy. 

Depo. of Angela Nails 78 lines 3 - 8.

When asked why she did not comply with Rule 34 of the

Case 1:06-cv-00737-WKW-SRW Document 31 Filed 12/22/2006 Page 2 of 4
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Federal Rules of Civil Procedure, the Plaintiff responded: 

 I think that I - - I know that you are incorrect.

When it comes to federal, state, any governing

law, that is not my responsibility to send you

any statute or anything that governs a 

relationship to a body of information related

to the law.  

Depo. of Angela Nails 79 lines 10 - 15.

Attached is Pages 77 - 80 of the Plaintiff s

deposition. 

WHEREFORE the Defendant moves the Court TO STRIKE or TO

DENY the Plaintiff s Motion for Judgment.  

HARDWICK, HAUSE, SEGREST & WALDING

BY: /s/ Kevin Walding 

Kevin Walding (WAL036)

BY: /s/ Patrick Moody 

Patrick Moody (MOO110)

Attorneys for Defendant

Post Office Box 1469

Dothan, Alabama 36302

Phone (334)794-4144

Fax (334)671-9330

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CERTIFICATE OF SERVICE

I hereby certify that, this date, I have served a copy

of this document on the following individual(s) and/or

attorney(s) of record by placing same in the United States

Mail in a properly addressed envelope with prepaid postage.

Angela Denise Nails

342 South Saint Andrews Street

Apartment 808

Dothan, Alabama 36301

This the 22nd day of December, 2006.

 /s/ Kevin Walding 

Of Counsel

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MultiI

I

It A No,Ihaven't.

I 

z e^And why have you not produced to me a

| 3 copyl

I c A Because you're a lawyer. You're

5 defending them. I'm not just helping you.

6 Q Yes, ma'am. I understand what you're

7 saying. Look at Defendant's Exhibit 4 for me.

8 Request number eight, which is on page two?

e A Uh-huh.

lo Q I requested of you "Any and all

11 documents or tangibles, regardless of media,

tz showing that the Dothan Rescue Mission is

t: governed by the Stewart McKinney Homeless

t4 Assistance Act." Do you see that?

15 a I do see that.

16 q Did you produce to me a single

17 document?

18 A No, I did not.

19 Q Pursuant to that request?

20 A No,I did not.

2l Q So, then, you don't have a single

22 document that --

23 a I have the computer --

24 Q -- supports that allegation?

25 e -- printout document sheet, that I did

Page 77I page 79

I t document thatrs within the four walls of these

I z requests (indicating), you have to let me look

| : at them, and you have to let me copy them. Do

| + you understand that?

| 5 A I understand that you're saying that,

| 0 yes. I do understand what you're saying, yes, I

lzdo.

I s e Okay. You just think I'm incorrect in

I t -y position?

Ito A I think that I -- I know that you are

11 incorrect. When it comes to federal, state, any

tz governing law, that is not my responsibility to

tl send you any statute or anything that governs a

14 relationship to a body of information related to

t5 the law.

16 Q Okay.

l7 A Because that's --

18 e Do you recall the conference we had

tg with Judge Walker? We talked about it earlier?

20 a Okay. So, what is your point?

2l Q I'm asking you if you recall that

22 confercnce? Do you? ]

23 R I remember the telephone conference, I

24 yes, sir. I

25 Q Good. Do you recall Judge Walker I

get off of the computer, yes, I do.

Q But, you didn't produce that to me?

a I didn't, and I wasn't going to, even

though the question does ask that, that I

produce that. Was this a "yes" or "no" answer

anywhere else? Because, ifnot, that's not my

responsibility to send you any legal documents

where I looked up a legal remedy. You did that

yourself, and that was well taken.

q Flip to the first page of Defendant's

Exhibit 4. It says there, to start with, "The

Defendant, the Dothan Rescue Mission, by and

tlrough counsel" --

A Where is -- four is on the second

page.

Q Four is the whole document, and I'm

reading from right here (indicating).

-- "pursuant to Rule 34 ofthe.Federal

Rules of Civil Procedure, requests that the

Plaintiff' -- that's you, ma'am -- "make the

following documents and/or tangible items

available for inspection and/or copying."

Do you see that?

a Yes, I do.

Q That mealls that if you have any

Page 78

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Page 80

asking you specifically where the UDHA was

located?

a No. She did not ask me that.

Q Okay. Tell me what leads you to

believe that the Stewart B. McKinney Homeless

Act somehow applies to the Dothan Rescue

Mission?

a The reasons you got surrounded and

highlighted, the 30-day notice. The 30-day

notice, the -- all of this, in this highlighted

area, here (indicating).

Q Just for our record, you're pointing

to a highlighted area on page two of Defendant's

Exhibit 2?

A LIh-huh.

q And it says, "30-day notice, adequate

consultation, only during office hours and good

weather, presence of t cc, all those" --

A Yes. That basically deals with the

eviction policies as a shelter.

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2t Q I want to make sure I'm understanding

22 you. The Stewart B. McKinney Homeless Act

z: applies to the Dothan Rescue Mission somehow

24 through this Section 28 uoHa and all these

z5 requirements that are contained in it?

Page 77 - Page 80

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