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IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
ERNESTINE STEWART, and )
MAKISA ROSEBERRY, )
)
Plaintiffs, )
) CIVIL ACTION
vs. ) FILE NO.: 21CV8340
)
MOZELL ROSEBERRY, and STATE )
FARM MUTUAL AUTOMOBILE )
INSURANCE COMPANY, )
)
Defendants. )
Emergency Motion for Protective Order and to Enforce Stay
O.C.G.A. § 9-11-26(c) authorizes the trial court in which an action is pending, “[u]pon
motion by a party or by the person from whom discovery is sought and for good cause shown, . . .
[to] make any order which justice requires to protect a party or person from annoyance,
embarrassment, oppression, or undue burden or expense.” “The grant or denial of a motion for
protective order generally lies within the sound discretion of the trial court . . . and the exercise of
that discretion is reviewed on appeal for abuse.” Chumley v. State, 282 Ga. App. 117, 118 (2006)
(citations omitted).
On February 28, 2023, this Court entered an order that “discovery in the above-referenced
matter shall be stayed until the appointment of a new Judge for this matter.” See Exhibit A.
Approximately five weeks later, counsel for State Farm sent counsel for Defendant Mozell
Roseberry (hereafter “Defendant” or “Ms. Roseberry”) a letter expressing State Farm’s intent to
take an examination under oath of State Farm’s insured, the Defendant. See Exhibit B.
In response, the undersigned counsel reminded State Farm’s counsel of the stay of
discovery entered in this case. See Exhibit C. Rather than wait until after this Court’s stay is lifted
to proceed with Defendant’s deposition, State Farm has taken the position that taking Defendant’s
testimony under oath is not “discovery” and is demanding that the deposition go forward next
month on either May 3 or 4. See id.; c.f. Ga. Farm Bureau Mut. Ins. Co. v. Richardson, 217 Ga.
App. 201, 203 (1995) (referring to testimony of a party taken under oath by a Farm Bureau attorney
as a “deposition taken pursuant to pre-trial discovery”).
To be clear, Ms. Roseberry is ready and willing to sit for an examination under oath as soon
as discovery resumes in this matter. However, Ms. Roseberry should not be forced to testify until
this Court’s stay is lifted and discovery resumes.
Finally, the undersigned counsel respectfully requests the Court enter an award of
attorney’s fees and costs for having to bring this motion. See O.C.G.A. § 9-11-37 (a) (4) (A); see
also Bd. of Regents of Univ. Sys. of Ga. v. Ambati, 299 Ga. App. 811, n.18 (4)(a) (citing to O.C.G.A.
§ 9-11-37 (a) (4) (A) and O.C.G.A. § 9-11-26 (c) for the proposition that “[a]n award of fees is
authorized by statute” when a motion for protective order has been granted).
A proposed order is included for the Court’s consideration.
Respectfully submitted this 24th day of April, 2023.
/s/ James Z. Foster
James Z. Foster
Georgia Bar No. 756038
Co-Counsel for Defendant Mozell Roseberry
FOSTER LAW LLC
1201 West Peachtree St, NW
Suite 2300
Atlanta, GA 30309
Telephone: (404) 800-0050
Facsimile: (404) 493-2322
james@foster-law.com
-2-
Exhibit A
FILED 2/28/2023 4:47 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA
IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
ERNESTINE STEWART, and )
MAKISA ROSEBERRY, )
)
Plaintiffs, )
) CIVIL ACTION FILE
vs. ) NO. 21CV8340
)
MOZELL ROSEBERRY, and STATE )
FARM MUTUAL AUTOMOBILE )
INSURANCE COMPANY, )
)
Defendants. )
ORDER TO STAY DISCOVERY
THIS COURT, having considered Defendants’ Motion to Stay Discovery to
allow determination of Defendants’ motion to dismiss for forum non conveniens,
hereby finds good cause for said Motion. Accordingly,
IT IS HEREBY ORDERED that discovery in the above-referenced matter
shall be stayed until the appointment of a new Judge for this matter. It is further
ORDERED that Defendants shall have an additional thirty (30) days from the
appointment of a new Judge for this matter to respond to written discovery already
served upon the parties in this matter.
SIGNED and ENTERED on this the 27th day of February, 2023.
_________________________________________
HON. MARK ANTHONY SCOTT
Judge, Superior Courts of Dekalb County
Respectfully Submitted and Prepared By:
Waldon Adelman Castilla Hiestand & Prout
/s/ Brian C. McCarthy
Brian C. McCarthy DI
Georgia Bar No. 001322
Attorneys for Defendants
Exhibit B
Brian H. Trammell* (1958-2016) Physical Address:
Terrill L. Adkins* 1900 N. Winston Road
Kenneth W. Ward Suite 600
James C. “Chris” Cone Knoxville, TN 37919
Hannah S. Lowe**
Elijah T. Settlemyre ATTORNEYS AT LAW Mailing Address:
Ryan L. Sarr www.trammelladkinswardpc.com P.O. Box 51450
Campbell D. Cox Knoxville, TN 37950-1450
* Tn. Sup. Ct. R. 31 Civil Mediator Phone: 865-330-2577
** Also admitted in Kentucky Fax: 865-330-2578
Email: chriscone@tawpc.com
April 7, 2023
VIA EMAIL AND REGULAR MAIL
James Z. Foster, Esq. (james@fosterlaw.com)
Foster Law, LLC
1201 W. Peachtree St., NW, Suite 2300
Atlanta, GA 30309
Re: Claim No.: 42-06R5-23N
Date of Loss: March 16, 2019
Date of EUO: Wednesday, April 26, 2023 beginning at 10:00 AM Eastern time
Location: 601 Market Street, Suite 400, Chattanooga, TN 37402
Dear Mr. Foster:
Please be advised that my firm and I represent State Farm Mutual Automobile Insurance
Company (“State Farm”) in its capacity as the liability insurance carrier of your client, Mozell
Roseberry.
Claims have been presented to State Farm for liability insurance coverage arising from an
automobile that on March 16, 2019 in which Mozell Roseberry was operating a motor vehicle
occupied by Makisa Roseberry and Ernestine Stewart who both claim to have sustained injuries
and damages as the result of the accident. State Farm has sent correspondence to you and Mozell
Roseberry regarding coverage issues and a reservation of rights letter.
According to the terms and conditions of Mozell Roseberry’s policy of automobile insurance
issued by State Farm, specifically paragraph 4 on page 26 of the policy, Mozell Roseberry is
required by the terms and conditions of the policy to appear in person for an examination under
oath at a date and time specified by State Farm. My firm and I have been retained to conduct the
examination under oath of Mozell Roseberry in person pursuant to the policy of insurance.
Since you are representing Mozell Roseberry, and I am not permitted by the Rules of Professional
Conduct to correspond with her directly, this letter will serve as notice to Mozell Roseberry, through
you as her counsel, that her in person examination under oath is scheduled to take place on
Wednesday, April 26, 2023 beginning at 10:00 AM Eastern time in a conference room at
Page 2 of 2
April 7, 2023
Spears, Moore, Rebman & Williams, 601 Market St., Suite 400, Chattanooga, TN 37402. We
will make arrangements for a court reporter for the examination under oath, and a representative
from State Farm will likely attend in person or remotely.
Please therefore provide a copy of this correspondence to Mozell Roseberry and ask her to make
all necessary arrangements to comply with her contractual duty to cooperate by attending the
examination under oath in person at that date and time. If Mozell Roseberry cannot or will not
attend the examination under oath on that date and at that time, please advise me immediately.
FAILURE OF MOZELL ROSEBERRY TO ATTEND AND PARTICIPATE IN THE
EXAMINATION UNDER OATH WILL CONSTITUTE A BREACH OF THE POLICY
OF INSURANCE DUE TO FAILURE TO COOPERATE.
Please contact me if you have any questions or need to discuss this matter further.
Best Regards,
TRAMMELL, ADKINS & WARD, P.C.
By
James C. Cone, Esq.
JCC:jcc
cc: State Farm Mutual Automobile Insurance Company
Stacey Archer, Esq.
Brian McCarthy, Esq.
JCC/6150-1596 State Farm/Roseberry
Exhibit C
From: Chris Cone
To: James Foster
Cc: Jonathan Adelman; Brian McCarthy; Patrick Wright
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on May 3 or 4,
2023 at 10:00 AM Eastern time
Date: Thursday, April 20, 2023 3:33:19 PM
Attachments: image001.png
image002.png
image003.png
James:
Thanks for your email. Again, State Farm intends to conduct an EUO pursuant to Ms. Roseberry's
policy of insurance, not a deposition under the Rules of Civil Procedure. An EUO is not a “deposition”
under the Rules of Civil Procedure. There is ample authority to support State Farm's position on this
issue, even during pending litigation.
Furthermore, the reference to State Farm in the style of the case on the Order to Stay Discovery is
apparently a typographical error because State Farm was never a party in that case to begin with.
I look forward to hearing back from you about availability on May 3 or 4, 2023 so that we can
complete the EUO on one of those dates.
James C. “Chris” Cone
Trammell, Adkins & Ward, P.C.
P.O. Box 51450
Knoxville, Tennessee 37950-1450
Office: (865) 330-2577 (ext. 103)
Direct: (865) 985-0702
Fax: (865) 330-2578
Email: chriscone@tawpc.com
Website: www.trammelladkinsward.com
NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the
sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is
privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication
within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient
intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. We are
required by IRS Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by
anyone to avoid tax liability.
From: James Foster
Sent: Thursday, April 20, 2023 4:17 PM
To: Chris Cone
Cc: Jonathan Adelman ; Brian McCarthy ; Patrick
Wright
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell
Roseberry on May 3 or 4, 2023 at 10:00 AM Eastern time
Chris,
Thank you for confirming State Farm’s position regarding the EUO. Respectfully,
taking Ms. Roseberry’s testimony under oath at a deposition during the pendency of
litigation is discovery – no matter how State Farm chooses to label it.
I will discuss your position with Ms. Roseberry and will let you know how we intend to
proceed by Monday.
James
--
James Foster
Owner/Attorney
1201 West Peachtree St, NW
Suite 2300
Atlanta, GA 30309
https://link.edgepilot.com/s/89f5a06b/6wNcy3CRZ0qmASsnDjGOsg?
u=http://www.foster-law.com/
Office: (404) 800-0050
Direct: (404) 586-4442
Fax: (404) 493-2322
Cell: (919) 357-7224
Email: James@Foster-Law.com
The information contained in this email is intended for the individual or entity above. If you are not the intended
recipient, please do not read, copy, use, forward or disclose this communication to others; also, please notify the sender
by replying to this message, and then delete this message from your system. Thank you.
From: Chris Cone
Sent: Thursday, April 20, 2023 3:11 PM
To: James Foster
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell
Roseberry on May 3 or 4, 2023 at 10:00 AM Eastern time
James:
I have conferred with my client about your opposition to the EUO because of the Order entered on
February 27, 2023 by the Superior Court of DeKalb County Georgia which stays "discovery" under
the applicable Rules of Civil Procedure. With all due respect to the Court, an EUO performed
pursuant to a policy of insurance is not “discovery” under any applicable Rules of Civil Procedure. It
is also important to note that Ms. Roseberry is absolutely welcome to have counsel present at the
EUO, but her counsel is only permitted to observe.
My client intends to proceed with the EUO as soon as possible because time is of the essence due to
pending deadlines in the Tennessee litigation.
I understand that you are not available on April 26, 2023 to conduct the EUO. I have therefore made
arrangements for the EUO to occur on May 3 or 4, 2023 beginning at 10:00 AM in a conference
room at Spears, Moore, Rebman & Williams, 601 Market St., Suite 400, Chattanooga, TN 37402.
Please therefore let me know no later than noon, Eastern time, on Monday, April 24, 2023
whether May 3 or 4, 2023, are available for you and Ms. Roseberry to conduct the EUO.
Again, time is of the essence due to pending deadlines in the Tennessee litigation; and therefore, if I
have not heard from you by noon, Eastern time, on Monday, April 24, 2023, I will need to pick one
of those dates and finalize the arrangements for the EUO.
Please let me know if you have any questions.
James C. “Chris” Cone
Trammell, Adkins & Ward, P.C.
P.O. Box 51450
Knoxville, Tennessee 37950-1450
Office: (865) 330-2577 (ext. 103)
Direct: (865) 985-0702
Fax: (865) 330-2578
Email: chriscone@tawpc.com
Website: https://link.edgepilot.com/s/e4dbc187/8R9a8fCtNUG_2EczW4hCNQ?
u=http://www.trammelladkinsward.com/
NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the
sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is
privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication
within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient
intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. We are
required by IRS Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by
anyone to avoid tax liability.
From: James Foster
Sent: Monday, April 17, 2023 4:48 PM
To: Chris Cone
Subject: Re: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell
Roseberry on April 26, 2023 at 10:00 AM Eastern time
Ok thanks
--
James Z. Foster
Owner/Attorney
https://link.edgepilot.com/s/61c50af1/3xfAXMeX70ixD8HutI-2VA?u=http://www.foster-law.com/
(404) 800-0050 | Office
(919) 357-7224 | Cell
On Apr 17, 2023, at 3:43 PM, Chris Cone wrote:
James:
Thanks for your email. I understand that you have a conflict with the current EUO date.
I was only able to have a brief conversation with State Farm last week after we spoke.
I will get back to you about State Farm’s position.
James C. “Chris” Cone
Trammell, Adkins & Ward, P.C.
P.O. Box 51450
Knoxville, Tennessee 37950-1450
Office: (865) 330-2577 (ext. 103)
Direct: (865) 985-0702
Fax: (865) 330-2578
Email: chriscone@tawpc.com
Website: https://link.edgepilot.com/s/5001db99/kupezyye90iDszAprC2WzQ?
u=http://www.trammelladkinsward.com/
NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client
relationships with the sender are formed only by written agreement. This communication is for the intended recipient
only and may contain information that is privileged, confidential and exempt from disclosures under applicable law.
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS
Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by
anyone to avoid tax liability.
From: James Foster
Sent: Monday, April 17, 2023 4:33 PM
To: Chris Cone
Cc: Jonathan Adelman ; Brian McCarthy
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath
of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time
Chris,
Following up with our discussion from last week. What is State Farm’s
position on the EUO given the fact that discovery is stayed in the Georgia
matter? Trying to figure out if I need to file a motion for protective order. At
a minimum, it will need to be rescheduled since I have a 30(b)(6) deposition
the day that you noticed it for. Thanks.
James
--
James Foster
Owner/Attorney
1201 West Peachtree St, NW
Suite 2300
Atlanta, GA 30309
https://link.edgepilot.com/s/b962d74d/r6jqsuaQVE_9hUTxWiSbVw?
u=http://www.foster-law.com/
Office: (404) 800-0050
Direct: (404) 586-4442
Fax: (404) 493-2322
Cell: (919) 357-7224
Email: James@Foster-Law.com
The information contained in this email is intended for the individual or entity above. If you are not the
intended recipient, please do not read, copy, use, forward or disclose this communication to others; also,
please notify the sender by replying to this message, and then delete this message from your system.
Thank you.
From: Chris Cone
Sent: Tuesday, April 11, 2023 5:02 PM
To: James Foster
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath
of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time
James:
I have a mediation and other matters on my calendar tomorrow, but I am wide open
this Thursday, April 13 for a discussion at your convenience.
James C. “Chris” Cone
Trammell, Adkins & Ward, P.C.
P.O. Box 51450
Knoxville, Tennessee 37950-1450
Office: (865) 330-2577 (ext. 103)
Direct: (865) 985-0702
Fax: (865) 330-2578
Email: chriscone@tawpc.com
Website: https://link.edgepilot.com/s/8eb393c2/Z7VLQu74OEam6hV6IfFGzg?
u=http://www.trammelladkinsward.com/
NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client
relationships with the sender are formed only by written agreement. This communication is for the intended recipient
only and may contain information that is privileged, confidential and exempt from disclosures under applicable law.
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS
Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by
anyone to avoid tax liability.
From: James Foster
Sent: Monday, April 10, 2023 4:09 PM
To: Chris Cone
Cc: Brian McCarthy ; Jonathan Adelman
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath
of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time
Not sure if discovery is stayed the Tennessee matter but this impacts both
cases so it doesn’t really matter. Ms. Roseberry’s Tennessee counsel
(Patrick Wright) can probably answer that question. Patrick’s email is
PWright@raineykizer.com.
I am preparing for a deposition tomorrow and have a mediation on
Wednesday but am wide open Thursday/Friday if you’d like to discuss on
the phone.
From: Chris Cone
Sent: Monday, April 10, 2023 3:04 PM
To: James Foster
Cc: Brian McCarthy ; Jonathan Adelman
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath
of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time
James:
Thanks for your email. Happy to discuss these issues with you by phone when you are
available.
Is discovery in the Tennessee case also stayed also? If so, can you send me a copy of
that Order too?
James C. “Chris” Cone
Trammell, Adkins & Ward, P.C.
P.O. Box 51450
Knoxville, Tennessee 37950-1450
Office: (865) 330-2577 (ext. 103)
Direct: (865) 985-0702
Fax: (865) 330-2578
Email: chriscone@tawpc.com
Website: https://link.edgepilot.com/s/2a583e63/1DLyaY4EjUmwpwhnExPC5A?
u=http://www.trammelladkinsward.com/
NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client
relationships with the sender are formed only by written agreement. This communication is for the intended recipient
only and may contain information that is privileged, confidential and exempt from disclosures under applicable law.
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS
Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by
anyone to avoid tax liability.
From: James Foster
Sent: Monday, April 10, 2023 3:53 PM
To: Chris Cone
Cc: Brian McCarthy ; Jonathan Adelman
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath
of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time
Here is a copy of the order. The order notes that discovery is stayed until
the appointment of a new Judge. The order does not exempt discovery
related to coverage-issues and therefore the EUO would be covered.
I would prefer that we try to work this out without wasting the
time/resources of the Court or my time filing a motion for protective order.
However, if you still plan to attempt to move forward with the EUO despite
the attached order let me know and we can hop on a call to further discuss.
James
--
James Foster
Owner/Attorney
1201 West Peachtree St, NW
Suite 2300
Atlanta, GA 30309
https://link.edgepilot.com/s/69b4d2ad/vLqTIBgrhEua95Ra46n3Vg?
u=http://www.foster-law.com/
Office: (404) 800-0050
Direct: (404) 586-4442
Fax: (404) 493-2322
Cell: (919) 357-7224
Email: James@Foster-Law.com
The information contained in this email is intended for the individual or entity above. If you are not the
intended recipient, please do not read, copy, use, forward or disclose this communication to others; also,
please notify the sender by replying to this message, and then delete this message from your system.
Thank you.
From: Chris Cone
Sent: Monday, April 10, 2023 2:11 PM
To: James Foster
Cc: Brian McCarthy ; Jonathan Adelman
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath
of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time
James:
Thanks for your email. This is an examination under oath pursuant to the policy of
insurance with State Farm.
Can you send me a copy of the Order you mentioned and let me know why this EUO
would be covered by an Order entered in a Georgia case where coverage issues are not
before the Court?
I am happy to work with you to find another date and time that will work. Let me know
when Mozell Roseberry can attend the EUO, and I will get it arranged.
James C. “Chris” Cone
Trammell, Adkins & Ward, P.C.
P.O. Box 51450
Knoxville, Tennessee 37950-1450
Office: (865) 330-2577 (ext. 103)
Direct: (865) 985-0702
Fax: (865) 330-2578
Email: chriscone@tawpc.com
Website: https://link.edgepilot.com/s/db863805/7Q8MtlFeOEu_0VdLhayFUw?
u=http://www.trammelladkinsward.com/
NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client
relationships with the sender are formed only by written agreement. This communication is for the intended recipient
only and may contain information that is privileged, confidential and exempt from disclosures under applicable law.
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS
Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by
anyone to avoid tax liability.
From: James Foster
Sent: Monday, April 10, 2023 2:52 PM
To: Chris Cone ; Brian McCarthy ;
Jonathan Adelman
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath
of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time
I live in Mobile, Alabama, so the location is not convenient. I also have a
30(b)(6) deposition scheduled for that same day in another matter, so the
date will not work for me. Lastly, discovery is stayed in the Georgia matter.
Since this will impact the Georgia matter, I do not think it is appropriate to
take Ms. Roseberry’s deposition while discovery is stayed.
Glad to get on a phone call to discuss later this week if you are available.
I’m tied up tomorrow/Wednesday but am pretty much wide open on
Thursday and Friday.
James
--
James Foster
Owner/Attorney
1201 West Peachtree St, NW
Suite 2300
Atlanta, GA 30309
https://link.edgepilot.com/s/8be32146/nIG2YVBzKkS8B8FNnT4MeQ?
u=http://www.foster-law.com/
Office: (404) 800-0050
Direct: (404) 586-4442
Fax: (404) 493-2322
Cell: (919) 357-7224
Email: James@Foster-Law.com
The information contained in this email is intended for the individual or entity above. If you are not the
intended recipient, please do not read, copy, use, forward or disclose this communication to others; also,
please notify the sender by replying to this message, and then delete this message from your system.
Thank you.
From: Chris Cone
Sent: Monday, April 10, 2023 1:39 PM
To: James Foster ; Brian McCarthy
; Jonathan Adelman
Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath
of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time
James:
Thanks for your email. I did copy the email to you last Friday to Brian who I assume will
share it with Jonathan at his firm.
Happy to work with you on the EUO. I arranged it to be in Chattanooga to try to
minimize any inconvenience.
Let me know if the date and time are a real problem.
James C. “Chris” Cone
Trammell, Adkins & Ward, P.C.
P.O. Box 51450
Knoxville, Tennessee 37950-1450
Office: (865) 330-2577 (ext. 103)
Direct: (865) 985-0702
Fax: (865) 330-2578
Email: chriscone@tawpc.com
Website: https://link.edgepilot.com/s/24803fac/SADlWsPnZUSZTzHqicnF1A?
u=http://www.trammelladkinsward.com/
NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client
relationships with the sender are formed only by written agreement. This communication is for the intended recipient
only and may contain information that is privileged, confidential and exempt from disclosures under applicable law.
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS
Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by
anyone to avoid tax liability.
From: James Foster
Sent: Saturday, April 8, 2023 11:32 AM
To: Chris Cone ; Brian McCarthy ;
Jonathan Adelman
Subject: Re: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath
of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time
Also please send me a copy of Ms. Roseberry’s policy that you reference in your letter.
On Apr 7, 2023, at 5:02 PM, James Foster
wrote:
Chris,
Nice to meet you. I am only representing Ms. Roseberry in the matter
pending in Georgia. Is this in connection with that case?
I am also copying my co-counsel on the Georgia case on this email (Brian
McCarty and Jonathan Adelman). Since they are also representing Ms.
Roseberry, I figured they may want to attend as well.
James
--
James Z. Foster
Owner/Attorney
https://link.edgepilot.com/s/8233451e/kFOA4tOLnUers_48iOEMJw?
u=http://www.foster-law.com/
(404) 800-0050 | Office
(919) 357-7224 | Cell
On Apr 7, 2023, at 2:45 PM, Chris Cone
wrote:
Mr. Foster:
My firm and I have been retained by State Farm Mutual
Automobile Insurance Company to conduct an Examination
Under Oath of Mozell Roseberry.
Please see the attached correspondence.
Please call me if you have any questions and have a good
weekend.
James C. “Chris” Cone
Trammell, Adkins & Ward, P.C.
P.O. Box 51450
Knoxville, Tennessee 37950-1450
Office: (865) 330-2577 (ext. 103)
Direct: (865) 985-0702
Fax: (865) 330-2578
Email: chriscone@tawpc.com
Website:
https://link.edgepilot.com/s/12a8aa53/yMN5HzaSskmWndQ
kOxIlJg?u=http://www.trammelladkinsward.com/
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Preview
IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA ERNESTINE STEWART, and ) MAKISA ROSEBERRY, ) ) Plaintiffs, ) ) CIVIL ACTION vs. ) FILE NO.: 21CV8340 ) MOZELL ROSEBERRY, and STATE ) FARM MUTUAL AUTOMOBILE ) INSURANCE COMPANY, ) ) Defendants. ) Emergency Motion for Protective Order and to Enforce Stay O.C.G.A. § 9-11-26(c) authorizes the trial court in which an action is pending, “[u]pon motion by a party or by the person from whom discovery is sought and for good cause shown, . . . [to] make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.” “The grant or denial of a motion for protective order generally lies within the sound discretion of the trial court . . . and the exercise of that discretion is reviewed on appeal for abuse.” Chumley v. State, 282 Ga. App. 117, 118 (2006) (citations omitted). On February 28, 2023, this Court entered an order that “discovery in the above-referenced matter shall be stayed until the appointment of a new Judge for this matter.” See Exhibit A. Approximately five weeks later, counsel for State Farm sent counsel for Defendant Mozell Roseberry (hereafter “Defendant” or “Ms. Roseberry”) a letter expressing State Farm’s intent to take an examination under oath of State Farm’s insured, the Defendant. See Exhibit B. In response, the undersigned counsel reminded State Farm’s counsel of the stay of discovery entered in this case. See Exhibit C. Rather than wait until after this Court’s stay is lifted to proceed with Defendant’s deposition, State Farm has taken the position that taking Defendant’s testimony under oath is not “discovery” and is demanding that the deposition go forward next month on either May 3 or 4. See id.; c.f. Ga. Farm Bureau Mut. Ins. Co. v. Richardson, 217 Ga. App. 201, 203 (1995) (referring to testimony of a party taken under oath by a Farm Bureau attorney as a “deposition taken pursuant to pre-trial discovery”). To be clear, Ms. Roseberry is ready and willing to sit for an examination under oath as soon as discovery resumes in this matter. However, Ms. Roseberry should not be forced to testify until this Court’s stay is lifted and discovery resumes. Finally, the undersigned counsel respectfully requests the Court enter an award of attorney’s fees and costs for having to bring this motion. See O.C.G.A. § 9-11-37 (a) (4) (A); see also Bd. of Regents of Univ. Sys. of Ga. v. Ambati, 299 Ga. App. 811, n.18 (4)(a) (citing to O.C.G.A. § 9-11-37 (a) (4) (A) and O.C.G.A. § 9-11-26 (c) for the proposition that “[a]n award of fees is authorized by statute” when a motion for protective order has been granted). A proposed order is included for the Court’s consideration. Respectfully submitted this 24th day of April, 2023. /s/ James Z. Foster James Z. Foster Georgia Bar No. 756038 Co-Counsel for Defendant Mozell Roseberry FOSTER LAW LLC 1201 West Peachtree St, NW Suite 2300 Atlanta, GA 30309 Telephone: (404) 800-0050 Facsimile: (404) 493-2322 james@foster-law.com -2- Exhibit A FILED 2/28/2023 4:47 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA ERNESTINE STEWART, and ) MAKISA ROSEBERRY, ) ) Plaintiffs, ) ) CIVIL ACTION FILE vs. ) NO. 21CV8340 ) MOZELL ROSEBERRY, and STATE ) FARM MUTUAL AUTOMOBILE ) INSURANCE COMPANY, ) ) Defendants. ) ORDER TO STAY DISCOVERY THIS COURT, having considered Defendants’ Motion to Stay Discovery to allow determination of Defendants’ motion to dismiss for forum non conveniens, hereby finds good cause for said Motion. Accordingly, IT IS HEREBY ORDERED that discovery in the above-referenced matter shall be stayed until the appointment of a new Judge for this matter. It is further ORDERED that Defendants shall have an additional thirty (30) days from the appointment of a new Judge for this matter to respond to written discovery already served upon the parties in this matter. SIGNED and ENTERED on this the 27th day of February, 2023. _________________________________________ HON. MARK ANTHONY SCOTT Judge, Superior Courts of Dekalb County Respectfully Submitted and Prepared By: Waldon Adelman Castilla Hiestand & Prout /s/ Brian C. McCarthy Brian C. McCarthy DI Georgia Bar No. 001322 Attorneys for Defendants Exhibit B Brian H. Trammell* (1958-2016) Physical Address: Terrill L. Adkins* 1900 N. Winston Road Kenneth W. Ward Suite 600 James C. “Chris” Cone Knoxville, TN 37919 Hannah S. Lowe** Elijah T. Settlemyre ATTORNEYS AT LAW Mailing Address: Ryan L. Sarr www.trammelladkinswardpc.com P.O. Box 51450 Campbell D. Cox Knoxville, TN 37950-1450 * Tn. Sup. Ct. R. 31 Civil Mediator Phone: 865-330-2577 ** Also admitted in Kentucky Fax: 865-330-2578 Email: chriscone@tawpc.com April 7, 2023 VIA EMAIL AND REGULAR MAIL James Z. Foster, Esq. (james@fosterlaw.com) Foster Law, LLC 1201 W. Peachtree St., NW, Suite 2300 Atlanta, GA 30309 Re: Claim No.: 42-06R5-23N Date of Loss: March 16, 2019 Date of EUO: Wednesday, April 26, 2023 beginning at 10:00 AM Eastern time Location: 601 Market Street, Suite 400, Chattanooga, TN 37402 Dear Mr. Foster: Please be advised that my firm and I represent State Farm Mutual Automobile Insurance Company (“State Farm”) in its capacity as the liability insurance carrier of your client, Mozell Roseberry. Claims have been presented to State Farm for liability insurance coverage arising from an automobile that on March 16, 2019 in which Mozell Roseberry was operating a motor vehicle occupied by Makisa Roseberry and Ernestine Stewart who both claim to have sustained injuries and damages as the result of the accident. State Farm has sent correspondence to you and Mozell Roseberry regarding coverage issues and a reservation of rights letter. According to the terms and conditions of Mozell Roseberry’s policy of automobile insurance issued by State Farm, specifically paragraph 4 on page 26 of the policy, Mozell Roseberry is required by the terms and conditions of the policy to appear in person for an examination under oath at a date and time specified by State Farm. My firm and I have been retained to conduct the examination under oath of Mozell Roseberry in person pursuant to the policy of insurance. Since you are representing Mozell Roseberry, and I am not permitted by the Rules of Professional Conduct to correspond with her directly, this letter will serve as notice to Mozell Roseberry, through you as her counsel, that her in person examination under oath is scheduled to take place on Wednesday, April 26, 2023 beginning at 10:00 AM Eastern time in a conference room at Page 2 of 2 April 7, 2023 Spears, Moore, Rebman & Williams, 601 Market St., Suite 400, Chattanooga, TN 37402. We will make arrangements for a court reporter for the examination under oath, and a representative from State Farm will likely attend in person or remotely. Please therefore provide a copy of this correspondence to Mozell Roseberry and ask her to make all necessary arrangements to comply with her contractual duty to cooperate by attending the examination under oath in person at that date and time. If Mozell Roseberry cannot or will not attend the examination under oath on that date and at that time, please advise me immediately. FAILURE OF MOZELL ROSEBERRY TO ATTEND AND PARTICIPATE IN THE EXAMINATION UNDER OATH WILL CONSTITUTE A BREACH OF THE POLICY OF INSURANCE DUE TO FAILURE TO COOPERATE. Please contact me if you have any questions or need to discuss this matter further. Best Regards, TRAMMELL, ADKINS & WARD, P.C. By James C. Cone, Esq. JCC:jcc cc: State Farm Mutual Automobile Insurance Company Stacey Archer, Esq. Brian McCarthy, Esq. JCC/6150-1596 State Farm/Roseberry Exhibit C From: Chris Cone To: James Foster Cc: Jonathan Adelman; Brian McCarthy; Patrick Wright Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on May 3 or 4, 2023 at 10:00 AM Eastern time Date: Thursday, April 20, 2023 3:33:19 PM Attachments: image001.png image002.png image003.png James: Thanks for your email. Again, State Farm intends to conduct an EUO pursuant to Ms. Roseberry's policy of insurance, not a deposition under the Rules of Civil Procedure. An EUO is not a “deposition” under the Rules of Civil Procedure. There is ample authority to support State Farm's position on this issue, even during pending litigation. Furthermore, the reference to State Farm in the style of the case on the Order to Stay Discovery is apparently a typographical error because State Farm was never a party in that case to begin with. I look forward to hearing back from you about availability on May 3 or 4, 2023 so that we can complete the EUO on one of those dates. James C. “Chris” Cone Trammell, Adkins & Ward, P.C. P.O. Box 51450 Knoxville, Tennessee 37950-1450 Office: (865) 330-2577 (ext. 103) Direct: (865) 985-0702 Fax: (865) 330-2578 Email: chriscone@tawpc.com Website: www.trammelladkinsward.com NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by anyone to avoid tax liability. From: James Foster Sent: Thursday, April 20, 2023 4:17 PM To: Chris Cone Cc: Jonathan Adelman ; Brian McCarthy ; Patrick Wright Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on May 3 or 4, 2023 at 10:00 AM Eastern time Chris, Thank you for confirming State Farm’s position regarding the EUO. Respectfully, taking Ms. Roseberry’s testimony under oath at a deposition during the pendency of litigation is discovery – no matter how State Farm chooses to label it. I will discuss your position with Ms. Roseberry and will let you know how we intend to proceed by Monday. James -- James Foster Owner/Attorney 1201 West Peachtree St, NW Suite 2300 Atlanta, GA 30309 https://link.edgepilot.com/s/89f5a06b/6wNcy3CRZ0qmASsnDjGOsg? u=http://www.foster-law.com/ Office: (404) 800-0050 Direct: (404) 586-4442 Fax: (404) 493-2322 Cell: (919) 357-7224 Email: James@Foster-Law.com The information contained in this email is intended for the individual or entity above. If you are not the intended recipient, please do not read, copy, use, forward or disclose this communication to others; also, please notify the sender by replying to this message, and then delete this message from your system. Thank you. From: Chris Cone Sent: Thursday, April 20, 2023 3:11 PM To: James Foster Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on May 3 or 4, 2023 at 10:00 AM Eastern time James: I have conferred with my client about your opposition to the EUO because of the Order entered on February 27, 2023 by the Superior Court of DeKalb County Georgia which stays "discovery" under the applicable Rules of Civil Procedure. With all due respect to the Court, an EUO performed pursuant to a policy of insurance is not “discovery” under any applicable Rules of Civil Procedure. It is also important to note that Ms. Roseberry is absolutely welcome to have counsel present at the EUO, but her counsel is only permitted to observe. My client intends to proceed with the EUO as soon as possible because time is of the essence due to pending deadlines in the Tennessee litigation. I understand that you are not available on April 26, 2023 to conduct the EUO. I have therefore made arrangements for the EUO to occur on May 3 or 4, 2023 beginning at 10:00 AM in a conference room at Spears, Moore, Rebman & Williams, 601 Market St., Suite 400, Chattanooga, TN 37402. Please therefore let me know no later than noon, Eastern time, on Monday, April 24, 2023 whether May 3 or 4, 2023, are available for you and Ms. Roseberry to conduct the EUO. Again, time is of the essence due to pending deadlines in the Tennessee litigation; and therefore, if I have not heard from you by noon, Eastern time, on Monday, April 24, 2023, I will need to pick one of those dates and finalize the arrangements for the EUO. Please let me know if you have any questions. James C. “Chris” Cone Trammell, Adkins & Ward, P.C. P.O. Box 51450 Knoxville, Tennessee 37950-1450 Office: (865) 330-2577 (ext. 103) Direct: (865) 985-0702 Fax: (865) 330-2578 Email: chriscone@tawpc.com Website: https://link.edgepilot.com/s/e4dbc187/8R9a8fCtNUG_2EczW4hCNQ? u=http://www.trammelladkinsward.com/ NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by anyone to avoid tax liability. From: James Foster Sent: Monday, April 17, 2023 4:48 PM To: Chris Cone Subject: Re: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time Ok thanks -- James Z. Foster Owner/Attorney https://link.edgepilot.com/s/61c50af1/3xfAXMeX70ixD8HutI-2VA?u=http://www.foster-law.com/ (404) 800-0050 | Office (919) 357-7224 | Cell On Apr 17, 2023, at 3:43 PM, Chris Cone wrote: James: Thanks for your email. I understand that you have a conflict with the current EUO date. I was only able to have a brief conversation with State Farm last week after we spoke. I will get back to you about State Farm’s position. James C. “Chris” Cone Trammell, Adkins & Ward, P.C. P.O. Box 51450 Knoxville, Tennessee 37950-1450 Office: (865) 330-2577 (ext. 103) Direct: (865) 985-0702 Fax: (865) 330-2578 Email: chriscone@tawpc.com Website: https://link.edgepilot.com/s/5001db99/kupezyye90iDszAprC2WzQ? u=http://www.trammelladkinsward.com/ NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by anyone to avoid tax liability. From: James Foster Sent: Monday, April 17, 2023 4:33 PM To: Chris Cone Cc: Jonathan Adelman ; Brian McCarthy Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time Chris, Following up with our discussion from last week. What is State Farm’s position on the EUO given the fact that discovery is stayed in the Georgia matter? Trying to figure out if I need to file a motion for protective order. At a minimum, it will need to be rescheduled since I have a 30(b)(6) deposition the day that you noticed it for. Thanks. James -- James Foster Owner/Attorney 1201 West Peachtree St, NW Suite 2300 Atlanta, GA 30309 https://link.edgepilot.com/s/b962d74d/r6jqsuaQVE_9hUTxWiSbVw? u=http://www.foster-law.com/ Office: (404) 800-0050 Direct: (404) 586-4442 Fax: (404) 493-2322 Cell: (919) 357-7224 Email: James@Foster-Law.com The information contained in this email is intended for the individual or entity above. If you are not the intended recipient, please do not read, copy, use, forward or disclose this communication to others; also, please notify the sender by replying to this message, and then delete this message from your system. Thank you. From: Chris Cone Sent: Tuesday, April 11, 2023 5:02 PM To: James Foster Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time James: I have a mediation and other matters on my calendar tomorrow, but I am wide open this Thursday, April 13 for a discussion at your convenience. James C. “Chris” Cone Trammell, Adkins & Ward, P.C. P.O. Box 51450 Knoxville, Tennessee 37950-1450 Office: (865) 330-2577 (ext. 103) Direct: (865) 985-0702 Fax: (865) 330-2578 Email: chriscone@tawpc.com Website: https://link.edgepilot.com/s/8eb393c2/Z7VLQu74OEam6hV6IfFGzg? u=http://www.trammelladkinsward.com/ NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by anyone to avoid tax liability. From: James Foster Sent: Monday, April 10, 2023 4:09 PM To: Chris Cone Cc: Brian McCarthy ; Jonathan Adelman Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time Not sure if discovery is stayed the Tennessee matter but this impacts both cases so it doesn’t really matter. Ms. Roseberry’s Tennessee counsel (Patrick Wright) can probably answer that question. Patrick’s email is PWright@raineykizer.com. I am preparing for a deposition tomorrow and have a mediation on Wednesday but am wide open Thursday/Friday if you’d like to discuss on the phone. From: Chris Cone Sent: Monday, April 10, 2023 3:04 PM To: James Foster Cc: Brian McCarthy ; Jonathan Adelman Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time James: Thanks for your email. Happy to discuss these issues with you by phone when you are available. Is discovery in the Tennessee case also stayed also? If so, can you send me a copy of that Order too? James C. “Chris” Cone Trammell, Adkins & Ward, P.C. P.O. Box 51450 Knoxville, Tennessee 37950-1450 Office: (865) 330-2577 (ext. 103) Direct: (865) 985-0702 Fax: (865) 330-2578 Email: chriscone@tawpc.com Website: https://link.edgepilot.com/s/2a583e63/1DLyaY4EjUmwpwhnExPC5A? u=http://www.trammelladkinsward.com/ NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by anyone to avoid tax liability. From: James Foster Sent: Monday, April 10, 2023 3:53 PM To: Chris Cone Cc: Brian McCarthy ; Jonathan Adelman Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time Here is a copy of the order. The order notes that discovery is stayed until the appointment of a new Judge. The order does not exempt discovery related to coverage-issues and therefore the EUO would be covered. I would prefer that we try to work this out without wasting the time/resources of the Court or my time filing a motion for protective order. However, if you still plan to attempt to move forward with the EUO despite the attached order let me know and we can hop on a call to further discuss. James -- James Foster Owner/Attorney 1201 West Peachtree St, NW Suite 2300 Atlanta, GA 30309 https://link.edgepilot.com/s/69b4d2ad/vLqTIBgrhEua95Ra46n3Vg? u=http://www.foster-law.com/ Office: (404) 800-0050 Direct: (404) 586-4442 Fax: (404) 493-2322 Cell: (919) 357-7224 Email: James@Foster-Law.com The information contained in this email is intended for the individual or entity above. If you are not the intended recipient, please do not read, copy, use, forward or disclose this communication to others; also, please notify the sender by replying to this message, and then delete this message from your system. Thank you. From: Chris Cone Sent: Monday, April 10, 2023 2:11 PM To: James Foster Cc: Brian McCarthy ; Jonathan Adelman Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time James: Thanks for your email. This is an examination under oath pursuant to the policy of insurance with State Farm. Can you send me a copy of the Order you mentioned and let me know why this EUO would be covered by an Order entered in a Georgia case where coverage issues are not before the Court? I am happy to work with you to find another date and time that will work. Let me know when Mozell Roseberry can attend the EUO, and I will get it arranged. James C. “Chris” Cone Trammell, Adkins & Ward, P.C. P.O. Box 51450 Knoxville, Tennessee 37950-1450 Office: (865) 330-2577 (ext. 103) Direct: (865) 985-0702 Fax: (865) 330-2578 Email: chriscone@tawpc.com Website: https://link.edgepilot.com/s/db863805/7Q8MtlFeOEu_0VdLhayFUw? u=http://www.trammelladkinsward.com/ NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by anyone to avoid tax liability. From: James Foster Sent: Monday, April 10, 2023 2:52 PM To: Chris Cone ; Brian McCarthy ; Jonathan Adelman Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time I live in Mobile, Alabama, so the location is not convenient. I also have a 30(b)(6) deposition scheduled for that same day in another matter, so the date will not work for me. Lastly, discovery is stayed in the Georgia matter. Since this will impact the Georgia matter, I do not think it is appropriate to take Ms. Roseberry’s deposition while discovery is stayed. Glad to get on a phone call to discuss later this week if you are available. I’m tied up tomorrow/Wednesday but am pretty much wide open on Thursday and Friday. James -- James Foster Owner/Attorney 1201 West Peachtree St, NW Suite 2300 Atlanta, GA 30309 https://link.edgepilot.com/s/8be32146/nIG2YVBzKkS8B8FNnT4MeQ? u=http://www.foster-law.com/ Office: (404) 800-0050 Direct: (404) 586-4442 Fax: (404) 493-2322 Cell: (919) 357-7224 Email: James@Foster-Law.com The information contained in this email is intended for the individual or entity above. If you are not the intended recipient, please do not read, copy, use, forward or disclose this communication to others; also, please notify the sender by replying to this message, and then delete this message from your system. Thank you. From: Chris Cone Sent: Monday, April 10, 2023 1:39 PM To: James Foster ; Brian McCarthy ; Jonathan Adelman Subject: RE: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time James: Thanks for your email. I did copy the email to you last Friday to Brian who I assume will share it with Jonathan at his firm. Happy to work with you on the EUO. I arranged it to be in Chattanooga to try to minimize any inconvenience. Let me know if the date and time are a real problem. James C. “Chris” Cone Trammell, Adkins & Ward, P.C. P.O. Box 51450 Knoxville, Tennessee 37950-1450 Office: (865) 330-2577 (ext. 103) Direct: (865) 985-0702 Fax: (865) 330-2578 Email: chriscone@tawpc.com Website: https://link.edgepilot.com/s/24803fac/SADlWsPnZUSZTzHqicnF1A? u=http://www.trammelladkinsward.com/ NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. We are required by IRS Circular 230 to inform you that any statements contained herein are not intended to be used, and cannot be used, by anyone to avoid tax liability. From: James Foster Sent: Saturday, April 8, 2023 11:32 AM To: Chris Cone ; Brian McCarthy ; Jonathan Adelman Subject: Re: State Farm/Roseberry (6150-1596) 428069Z55:: Examination under Oath of Mozell Roseberry on April 26, 2023 at 10:00 AM Eastern time Also please send me a copy of Ms. Roseberry’s policy that you reference in your letter. On Apr 7, 2023, at 5:02 PM, James Foster wrote: Chris, Nice to meet you. I am only representing Ms. Roseberry in the matter pending in Georgia. Is this in connection with that case? I am also copying my co-counsel on the Georgia case on this email (Brian McCarty and Jonathan Adelman). Since they are also representing Ms. Roseberry, I figured they may want to attend as well. James -- James Z. Foster Owner/Attorney https://link.edgepilot.com/s/8233451e/kFOA4tOLnUers_48iOEMJw? u=http://www.foster-law.com/ (404) 800-0050 | Office (919) 357-7224 | Cell On Apr 7, 2023, at 2:45 PM, Chris Cone wrote: Mr. Foster: My firm and I have been retained by State Farm Mutual Automobile Insurance Company to conduct an Examination Under Oath of Mozell Roseberry. Please see the attached correspondence. Please call me if you have any questions and have a good weekend. James C. “Chris” Cone Trammell, Adkins & Ward, P.C. P.O. Box 51450 Knoxville, Tennessee 37950-1450 Office: (865) 330-2577 (ext. 103) Direct: (865) 985-0702 Fax: (865) 330-2578 Email: chriscone@tawpc.com Website: https://link.edgepilot.com/s/12a8aa53/yMN5HzaSskmWndQ kOxIlJg?u=http://www.trammelladkinsward.com/ NOTICE: This email is not intended to constitute the formation of an attorney/client relationship. Attorney/client relationships with the sender are formed only by written agreement. This communication is for the intended recipient only and may contain information that is privileged, confidential and exempt from disclosures under applicable law. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. §2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. If you receive this communication in error, please delete it and advise the sender. 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