K.2.3 Combined Request to Dealer

STATE OF OHIO IN ______COUNTY COMMON PLEAS COURT

[plaintiff]MARY CONSUMER, Plaintiff,

[vs.]

[defendant]MANUFACTURER, Defendant.

PLAINTIFF(S)’ COMBINED DISCOVERY REQUEST TO DEFENDANT [DEALER] RE: DEFENSES RAISED

Plaintiff(s) hereby submits the following Combined Discovery Request to Defendant(s) [dealer] Re: Defenses Raised, to be answered within twenty-eight days after service hereof and otherwise in accord with the Rules of Civil Procedure.

This discovery is continuing in nature and defendant shall seasonably supplement any or response which becomes in need of same, but no later than thirty days prior to any trial of this action.

Interrogatories and Requests for Admissions

Interrogatory 1: How does Plaintiff(s)’ fail to state a claim upon which relief can be granted?

Request for Admission 1: Plaintiff(s)’ complaint does state a claim upon which relief can be granted.

Interrogatory 2: Do you have a copy of “the writing” which you allege Plaintiff(s) failed to attach to the complaint?

Request for Admission 2: You have not been prejudiced or harmed in any manner by any failure of Plaintiff(s) to attach a copy of any “writing” to the complaint filed herein.

Interrogatory 3: Upon what facts, information or belief do you base your allegation that there were intervening and/or superseding acts, omissions of other parties and who are those parties? Request for Admission 3: You have no evidence, witnesses or information to support the allegation that there were intervening and/or superseding acts or omissions of other parties and who are those other parties.

Interrogatory 4: On what facts, information or belief do you base your allegation that estoppel is applicable in this case?

Request for Admission 4: Plaintiff(s)’ complaint is not barred by estoppel.

Interrogatory 5: What is the amount or value of the offset to which you refer in your [Ninth] Defense, how did you calculate it and what evidence do you have to support it?

Request for Admission 5: There is no right to an offset to benefit a manufacturer/dealer of a nonconforming vehicle under the Nonconforming Motor Vehicle statute (i.e. the “Lemon Law”) in Ohio.

Interrogatory 6: Upon what facts, information or belief do you claim that the written warranty contains the “exclusive remedy” available to Plaintiff(s)?

Request for Admission 6: The written warranty is not the Plaintiff(s)’ “exclusive remedy.”

Interrogatory 7: How has/have plaintiff(s) failed to minimize or mitigate his/her/their damages?

Request for Admission 7: Plaintiff(s) did not fail to mitigate damages.

Interrogatory 8: Upon what facts, information or belief do you base your allegation that Plaintiff(s)’ “nonconformities” are the result of abuse, neglect, or unauthorized modification or alterations?

Request for Admission 8: Plaintiff(s)’ “nonconformities” are not the result of abuse, neglect or unauthorized modification or alterations.

Interrogatory 9: Upon what facts, information or belief do you base your allegation that laches is applicable in this case?

Request for Admission 9: Plaintiff(s)’ complaint is not barred by laches.

Interrogatory 10: Upon what facts, information or belief do you base your allegation that the defense of waiver is applicable to this case?

Request for Admission 10: Plaintiff(s)’ complaint is not barred by waiver. Interrogatory 11: When do you claim that the statute of limitations began to run on each of Plaintiff(s)’ claims in this case and how long is the statute of limitations you allege to be applicable to each of Plaintiff(s)’ claims in this case?

Request for Admission 11: None of Plaintiff(s)’ claims are barred by any statute of limitations.

Interrogatory 12: Upon what facts, information or belief do you claim that Plaintiff(s) was/were contributorily negligent?

Request for Admission 12: Plaintiff(s) were not contributorily negligent.

Interrogatory 13: Upon what facts, information or belief do you base your allegations that Plaintiff(s) have abused, neglected, or have done unauthorized modification or alteration to the vehicle?

Request for Admission 13: Plaintiff(s) have not abused, neglected or had done any unauthorized modifications or alterations to said vehicle.

Interrogatory 14: Upon what facts, information or belief do you base your allegations that the doctrine of unclean hands is applicable in this case?

Request for Admission 14: Plaintiff(s)’ complaint is not barred by the doctrine of unclean hands.

Interrogatory 15: What are all the terms of the “accord and satisfaction and release” to which you refer in the [Second] Defense, when was it entered into, what witnesses were there to such and what evidence do you have to support your allegations in the [Second] Defense?

Request for Admission 15: Plaintiff(s)’ claims are not barred by the defense of “accord and satisfaction and release.”

Interrogatory 16: What is the name and address of every person who has any knowledge of any facts which support or explain any allegation in your answer, and identify which allegation they have knowledge of?

Request for Production of Documents

You are hereby requested to provide a complete and accurate photocopy of the following documents by mailing a copy of same to counsel for Plaintiff(s) at the address listed below, within twenty-eight days after service hereof and otherwise in accord with the Rules of Civil Procedure.

1. All exhibits, evidence or any thing you intend to or plan or anticipate that you may show to the Court or Judge or jury or any witness at any trial or hearing in this case in support of or in explanation of any allegation of your answer and any defense you may assert, and any counterclaim and/or cross-claim you may assert.

2. All documents consulted or reviewed or referred to by you in determining your answer or response to any interrogatory or admission requested contained herein or previously served upon you by any party.

[Attorney for Plaintiff]