NOTICE OF ELECTRONIC FILING - Lawyers USA Online

To: CLINT MOUNTAIN
cdmountain@gmail.com
AlaFile E-Notice
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA
JUAKEISHIA VONSHAI PRUITT V. BYRON E. HOUSE ET AL
63-CV-2012-900178.00
Notice Date: 3/1/2012 2:32:23 PM
The following complaint was FILED on 3/1/2012 2:32:23 PM
63-CV-2012-900178.00
MAGARIA HAMNER BOBO
CIRCUIT COURT CLERK
TUSCALOOSA COUNTY, ALABAMA
714 GREENSBORO AVENUE
TUSCALOOSA, AL 35401
205-349-3870
magaria.bobo@alacourt.gov

State of Alabama
Unified Judicial System
Form ARCiv-93 Rev.5/99
First Plaintiff:
NATURE OF SUIT:
Business
Government
TORTS: PERSONAL INJURY
WDEA - Wrongful Death
TONG - Negligence: General
TOMV - Negligence: Motor Vehicle
TOWA - Wantonnes
TOPL - Product Liability/AEMLD
TOMM - Malpractice-Medical
TOLM - Malpractice-Legal
TOOM - Malpractice-Other
COVER SHEET
CIRCUIT COURT - CIVIL CASE
(Not For Domestic Relations Cases)
GENERAL INFORMATION
Case Number:
63-CV-2012-900178.00
Date of Filing:
03/01/2012
IN THE CIRCUIT OF TUSCALOOSA COUNTY, ALABAMA
JUAKEISHIA VONSHAI PRUITT v. BYRON E. HOUSE ET AL
Individual
Other
TBFM - Fraud/Bad Faith/Misrepresentation
TOXX - Other:
TORTS: PERSONAL INJURY
TOPE - Personal Property
TORE - Real Property
OTHER CIVIL FILINGS
ABAN - Abandoned Automobile
ACCT - Account & Nonmortgage
APAA - Administrative Agency Appeal
ADPA - Administrative Procedure Act
ANPS - Adults in Need of Protective Services
ORIGIN: F
R
INITIAL FILING
REMANDED
HAS JURY TRIAL BEEN DEMANDED? Yes No
First Defendant:
OTHER CIVIL FILINGS (cont'd)
A
T
MSXX -
CVRT - Civil Rights
Business
Government
ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA Judge Code: COUNTY, ALABAMA
MAGARIA HAMNER BOBO, CLERK
Individual
Other
Birth/Death Certificate Modification/Bond Forfeiture
Appeal/Enforcement of Agency Subpoena/Petition to
Preserve
COND - Condemnation/Eminent Domain/Right-of-Way
CTMP-Contempt of Court
CONT-Contract/Ejectment/Writ of Seizure
TOCN - Conversion
EQND- Equity Non-Damages Actions/Declaratory
Judgment/Injunction Election Contest/Quiet Title/Sale For
Division
CVUD-Eviction Appeal/Unlawfyul Detainer
FORJ-Foreign Judgment
FORF-Fruits of Crime Forfeiture
MSHC-Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition
PFAB-Protection From Abuse
FELA-Railroad/Seaman (FELA)
RPRO-Real Property
WTEG-Will/Trust/Estate/Guardianship/Conservatorship
COMP-Workers' Compensation
CVXX-Miscellaneous Circuit Civil Case
APPEAL FROM
DISTRICT COURT
TRANSFERRED FROM
OTHER CIRCUIT COURT
O OTHER
RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED
ATTORNEY CODE: MOU012 3/1/2012 1:59:29 PM /s/ CLINT MOUNTAIN
MEDIATION REQUESTED: Yes No Undecided

ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
MAGARIA HAMNER BOBO, CLERK
IN THE CIRCUIT COURT OF TUSCALOOSA, ALABAMA
JUAKEISHIA VONSHAI PRUITT, )
Plaintiff. )
)
vs. )
)
BYRON E. HOUSE, an individual, ) Case No.:
BOBBY COCKRELL, JR., )
an individual, )
COCKRELL AND COCKRELL, )
an unincorporated business entity, )
and fictitious )
defendants A through H, )
Defendants. )
COMPLAINT
STATEMENT OF THE PARTIES
1. The Plaintiff, Shai Pruitt, is a resident citizen of Tuscaloosa County, Alabama,
and is over the age of nineteen (19) years.
2. The Defendant, Byron E. House, is a resident citizen of Tuscaloosa County,
Alabama, and is over the age of nineteen (19) years.
3. The Defendant, Bobby Cockrell, Jr., is a resident citizen of Tuscaloosa County,
Alabama, and is over the age of nineteen (19) years.
4. The Defendant, Cockrell and Cockrell, is a business entity providing legal
services in Tuscaloosa, County.
5. Fictitious defendants A through D, whether singular or plural, are the persons,
firms, proprietorships, partnerships, corporations, and/or entities other than the above
named Defendants, who or which caused or contributed to the Plaintiff’s damages.
6. Fictitious defendants E through H, whether singular or plural, are the persons,
firms, proprietorships, partnerships, corporations, and/or entities other than the above
named Defendants who exercised any right of control over any of the defendants, named
or unnamed, and/or negligently/wantonly supervised, hired, trained or retained any
person(s), who or which caused or contributed to the Plaintiff’s damages.
7. The Plaintiff asserts that the identities of these fictitious defendants presently
unknown to her, and that their true names will be added by amendment when so
ascertained.

STATEMENT OF THE FACTS
8. Byron E. House is an attorney, licensed to practice law in the State of Alabama,
and provided legal services to the Plaintiff on many occasions.
9. Byron E. House was a member of the Law Firm of Cockrell and Cockrell and at
all times acted as an agent conducting business on their behalf.
10. Bobby Cockrell, Jr., is the managing partner of Cockrell and Cockrell, a law firm
providing legal services in the State of Alabama.
11. Defendant House agreed to represent the Plaintiff Pruitt in an action against
Stillman College for discrimination.
12. Pruitt employed Byron E. House and Cockrell and Cockrell some time in October
2006 to represent her against Stillman College.
13. Around November of 2006, Defendant House notified Pruitt that her case against
Stillman College was settled and she needed to execute a release.
14. On November 16, 2006, Pruitt executed a release drafted and presented to her by
Defendant House. (Exhibit A)
15. The release detailed her alleged settlement and promised her an initial lump sum
of twenty-five thousand dollars ($25,000.00), which was paid to Pruitt on that day, and
fifty-nine (59) monthly payments of three thousand, five hundred forty-one dollars and
sixty-six cents ($3,541.66).
16. Pruitt was to receive a total disbursement of two hundred thirty-three thousand,
nine hundred fifty-seven dollars and ninety-four cents ($233,957.94) plus interest as
those funds were to be placed in an annuity.
17. Those payments were to be made to Pruitt by House and Cockrell and Cockrell as
trustee of the settlement proceeds.
18. Pruitt co-signed documents with Byron E. House and Cockrell and Cockrell
purportedly for the administration of her settlement proceeds. (Exhibit B)
19. Payments in the amount of three thousand, five hundred forty-one dollars and
sixty-six cents ($3,541.66) were made until April of 2009 at which time House informed
Pruitt that the investment company paying the structured settlement was “going
bankrupt” and her monthly payments were being cut to one thousand, nine hundred
eighty dollars ($1,980.00).
20. Payments in the new amount were made until January 5, 2012. (Exhibit C)

21. In January of 2012, Pruitt discovered that there may or may not be a structured
settlement and does not know whether the case was in fact settled for that amount.
22. During that time, House agreed to represent Pruitt in a separate
discrimination/wrongful termination lawsuit against her former employer, Averitt/i3,
stemming from actions that occurred on or around August of 2006.
23. An EEOC Charge of Discrimination had previously been filed for Pruitt on
February 16, 2007, by an attorney, Benjamin L. Woolf, who began representation of
Pruitt for her potential claims against Averitt/i3. (Exhibit D)
24. Pruitt discontinued her employment of Woolf and retained House and Cockrell
and Cockrell in October of 2007 to represent her against Averitt/i3, primarily based on
their success with her case against Stillman College.
25. House represented to Pruitt that he filed a lawsuit against Averitt/i3 shortly after
she retained his services and that they were awaiting trial.
26. From that time until December of 2011, she frequently communicated with House
about her pending suit and he reassured they were waiting on a trial date.
27. House informed Pruitt that they were going to trial on several different occasions,
but before the supposed trial dates he would call her and tell her that the case had been
continued.
28. House continued to tell Pruitt that he was trying to settle her case through
December of 2011.
29. In December of 2011, House informed Pruitt that he had agreed with the alleged
Defendants to settle her case for one million, six hundred fifty thousand dollars
($1,650,000.00) and he was trying to negotiate how quickly that amount would be paid.
30. In December of 2011, Pruitt became suspicious of House and requested her case
number so she could inquire with the court about the disposition of her case.
31. House provided her with a false case number, which was actually her
administrative claim number from her EEOC filing, to deceive Pruitt.
32. In January of 2012 after standing her up for an appointment to “go over the final
paperwork”, Pruitt became suspicious and learned that she did not have a case pending
against Averitt/i3, nor had suit ever been filed on her behalf.
33. In January of 2008, Pruitt was injured in an automobile accident when a drunk
driver struck a vehicle in which she was a passenger.

34. Pruitt secured the services of Byron E. House to handle her claims against the
Defendant driver.
35. House informed Pruitt in February of 2010 that the case was settled and she was
to receive five thousand dollars ($5,000.00) and her outstanding medical bills.
36. Recently, Pruitt discovered that House did not pay her medical bills as promised
to both her and the medical care providers.
37. It is Pruitt’s belief that this case was never filed or handled in accordance with
ordinary and reasonable skills causing her economic loss.
38. In 2009, House agreed to represent Pruitt in a contract action against A-Plus
photography.
39. Pruitt alleged that A-Plus did not give her many of her wedding pictures as
contracted for in 2007.
40. Specifically, A-Plus photography did not provide pictures of Pruitt’s wedding
party, bridal pictures or wedding party.
41. In 2011, House informed Pruitt that she had obtained a judgment against A-Plus
Photography in the amount of five thousand dollars ($5,000.00).
42. House advised Pruitt to settle with A-Plus Photography for one thousand five
hundred dollars to satisfy the outstanding judgment.
43. It is now believed that no case was filed against A-Plus Photography nor was
there ever a judgment entered against A-Plus Photography.
44. All of the above actions are now time-barred by the applicable statute of
limitations.
45. As a result of the Defendants’ negligent/wanton conduct, the Plaintiff suffered
economic damages, mental anguish and emotional distress.
COUNT ONE – ALABAMA LEGAL SERVICES LIABILITY ACT
46. This action is brought pursuant to the Alabama Legal Services Liability Act,
Code of Alabama 1975 § 6-5-570, et seq.
47. The Plaintiff realleges all previous paragraphs of the complaint.
48. Plaintiff contracted with Defendants to perform for Plaintiff certain professional,
legal services on her behalf. Defendants are attorneys licensed to practice in Alabama.

49. The Defendants failed to perform their duties in the same manner as an attorney
in Alabama who possessed and exercised ordinary and reasonable legal skills and
knowledge and was therefore guilty of negligence and/or wantonness in that they failed
to preserve the Plaintiff’s potential claims and litigate those claims as an ordinary and
prudent attorney.
50. The Defendants made oral and written statements of material facts as well as
suppressed material facts with the intent of deceiving and defrauding the Plaintiff.
th
51. On or about the 12 day of January 2012, Plaintiff became aware for the first time
of certain facts that made Plaintiff aware that Defendants had not performed their duties
in the same manner as an attorney in Alabama who possessed and exercised ordinary and
reasonable legal skills and knowledge.
52. As a proximate result of the Defendants’ said negligence and/or wantonness, the
Plaintiff was caused to suffer economic damages, mental anguish and emotional distress.
53. Plaintiff claims punitive damages of Defendants because of the Defendants’
wanton misconduct.
JURY DEMAND
54. Plaintiff demands trial by a struck jury of all issues so triable in this case.
DEMAND
55. The Plaintiff requests compensatory and punitive damages against the Defendants
to be determined by a jury including but not limited to economic damages, mental
anguish and any other remedies available under Alabama Law.
st
This the 1 day of March, 2012.
/s/ Clint Mountain
Clint Mountain (MOU-012)
/s/ C. Delaine Mountain
C. Delaine Mountain (MOU-002)

OF COUNSEL:
MOUNTAIN, BAIRD & MOUNTAIN
P.O. Box 2885
Tuscaloosa, AL 35403
(205) 349-1740 - phone
(205) 349-1762 - facsimile
Defendants’ Service Addresses:
Byron E. House
5809 Harborview Lane
Northport, AL 35473
Bobby Cockrell, Jr. and
COCKRELL and COCKRELL
1409 University Blvd.
Tuscaloosa, AL 35401

ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
MAGARIA HAMNER BOBO, CLERK

ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
MAGARIA HAMNER BOBO, CLERK

ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
MAGARIA HAMNER BOBO, CLERK

ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
MAGARIA HAMNER BOBO, CLERK

ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
IN THE CIRCUIT COURT OF TUSCALOOSA, ALABAMA MAGARIA HAMNER BOBO, CLERK
JUAKEISHIA VONSHAI PRUITT, )
Plaintiff. )
)
vs. )
)
BYRON E. HOUSE, an individual, ) Case No.:
BOBBY COCKRELL, JR., )
an individual, )
COCKRELL AND COCKRELL, )
an unincorporated business entity, )
and fictitious )
defendants A through H, )
Defendants. )
PLAINTIFFS NOTICE OF DEPOSITION AND REQUEST FOR PRODUCTION
OF DOCUMENTS TO DEFENDANT BYRON E. HOUSE
Please take notice that the deposition of BYRON E. HOUSE will be taken at a
mutually agreed time and place.
This deposition will be taken upon oral examination before a notary public or
before some other officer authorized by law to administer oaths, for the purpose of
discovery, or for the use as evidence in this action, or for both purposes, pursuant to the
Alabama Rules of Civil Procedure. The oral examination will continue from time to
time until completed. You are invited to attend and cross-examine the witness.
Pursuant to Alabama Rules of Civil Procedure 30(b)(5), Plaintiff requests that
Defendant BYRON E. HOUSE produce and permit Plaintiff to inspect and copy each
of the following documents:
(a) any and all files, memorandums or documents that pertain to the above-
styled cause of action;
In answer to the above request for production of documents, you are required to
furnish all documents available to you, including documents in the possession of your
attorney or any person acting on your behalf. If you cannot locate any particular

document, after exercising due diligence to secure the document sought, so state in
your answer, specifying your inability to locate the document and the last known
person having custody of such document.
You are under a duty to seasonably amend a prior response if you obtain
information upon the basis of which (a) you know that the response was incorrect when
made, or (b) you know that the response, though correct when made, is no longer true,
and the circumstances are such that a failure to amend the response is, in substance, a
knowing concealment.
Any supplemental responses should be filed and served upon counsel for the
Plaintiff within fifteen (15) days after receipt of such information.
You are further advised that other parties to the action in which this subpoena
has been issued have the right to be present at the time of such production or
inspection. You have the right to object at any time prior to the date set forth in this
subpoena for compliance. Should you choose to object, you should communicate such
objection in writing to the party causing the issuance of this subpoena and stating, with
respect to any item or category to which objections are made and your reasons for such
objection.
This the 1 st day of March 2012.
/s/ Clint Mountain ____________________
Clint Mountain (MOU-012)
/s/ C. Delaine Mountain_________________
C. Delaine Mountain (MOU-002)

OF COUNSEL:
MOUNTAIN, BAIRD & MOUNTAIN
P.O. Box 2885
Tuscaloosa, AL 35403
(205) 349-1740 - phone
(205) 349-1762 - facsimile
Defendants’ Service Addresses:
Byron E. House
5809 Harborview Lane
Northport, AL 35473
Bobby Cockrell, Jr. and
COCKRELL and COCKRELL
1409 University Blvd.
Tuscaloosa, AL 35401

ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
IN THE CIRCUIT COURT OF TUSCALOOSA, ALABAMA MAGARIA HAMNER BOBO, CLERK
JUAKEISHIA VONSHAI PRUITT, )
Plaintiff. )
)
vs. )
)
BYRON E. HOUSE, an individual, ) Case No.:
BOBBY COCKRELL, JR., )
an individual, )
COCKRELL AND COCKRELL, )
an unincorporated business entity, )
and fictitious )
defendants A through H, )
Defendants. )
PLAINTIFFS NOTICE OF DEPOSITION AND REQUEST FOR
PRODUCTION OF DOCUMENTS
TO DEFENDANT BOBBY COCKRELL, JR.
Please take notice that the deposition of BOBBY COCKRELL, JR. will be
taken at a mutually agreed time and place.
This deposition will be taken upon oral examination before a notary public or
before some other officer authorized by law to administer oaths, for the purpose of
discovery, or for the use as evidence in this action, or for both purposes, pursuant to
the Alabama Rules of Civil Procedure. The oral examination will continue from time
to time until completed. You are invited to attend and cross-examine the witness.
Pursuant to Alabama Rules of Civil Procedure 30(b)(5), Plaintiff requests that
Defendant BOBBY COCKRELL, JR. produce and permit Plaintiff to inspect and copy
each of the following documents:
(a) any and all files, memorandums or documents that pertain to the above-
styled cause of action;
In answer to the above request for production of documents, you are required
to furnish all documents available to you, including documents in the possession of
your attorney or any person acting on your behalf. If you cannot locate any particular

document, after exercising due diligence to secure the document sought, so state in
your answer, specifying your inability to locate the document and the last known
person having custody of such document.
You are under a duty to seasonably amend a prior response if you obtain
information upon the basis of which (a) you know that the response was incorrect
when made, or (b) you know that the response, though correct when made, is no
longer true, and the circumstances are such that a failure to amend the response is, in
substance, a knowing concealment.
Any supplemental responses should be filed and served upon counsel for the
Plaintiff within fifteen (15) days after receipt of such information.
You are further advised that other parties to the action in which this subpoena
has been issued have the right to be present at the time of such production or
inspection. You have the right to object at any time prior to the date set forth in this
subpoena for compliance. Should you choose to object, you should communicate such
objection in writing to the party causing the issuance of this subpoena and stating, with
respect to any item or category to which objections are made and your reasons for such
objection.
This the 1 st day of March 2012.
/s/ Clint Mountain ____________________
Clint Mountain (MOU-012)
/s/ C. Delaine Mountain_________________
C. Delaine Mountain (MOU-002)

OF COUNSEL:
MOUNTAIN, BAIRD & MOUNTAIN
P.O. Box 2885
Tuscaloosa, AL 35403
(205) 349-1740 - phone
(205) 349-1762 - facsimile
Defendants’ Service Addresses:
Byron E. House
5809 Harborview Lane
Northport, AL 35473
Bobby Cockrell, Jr. and
COCKRELL and COCKRELL
1409 University Blvd.
Tuscaloosa, AL 35401

ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
IN THE CIRCUIT COURT OF TUSCALOOSA, ALABAMA MAGARIA HAMNER BOBO, CLERK
JUAKEISHIA VONSHAI PRUITT, )
Plaintiff. )
)
vs. )
)
BYRON E. HOUSE, an individual, ) Case No.:
BOBBY COCKRELL, JR., )
an individual, )
COCKRELL AND COCKRELL, )
an unincorporated business entity, )
and fictitious )
defendants A through H, )
Defendants. )
30(b)(5) and (6) DEPOSITION NOTICE FOR REPRESENTATIVE OF
DEFENDANT COCKRELL AND COCKRELL
AND REQUEST FOR PRODUCTION OF DOCUMENTS
Please take notice that at a mutually agreed time and place, counsel for
Plaintiff, pursuant to Alabama Rules of Civil Procedure Rule 30(b)(5) and (6), will
take the deposition upon oral examination of Defendant Cockrell and Cockrell,
through the testimony of one or more officers, directors, employees, or agents who has
the most knowledge regarding of DCH’s knowledge regarding the following:
1.
Such testimony by deposition will be taken by agreement of the parties on a
date and at a time to be determined later as agreed upon by the parties before
Tuscaloosa Court Reporting or other officer authorized to administer oaths and may be
continued from time to time. You are invited to attend and cross examine. Pursuant to
Alabama Rules of Civil Procedure 30(b)(5), Plaintiff requests that Defendant Cockrell
and Cockrell and or deponent produce and permit Plaintiff to inspect and copy each of
the following documents:
(a) any and all files, memorandums or documents that pertain to the abovestyled
cause of action;
(b) any and all documents concerning the plaintiff.
In answer to the above requests for production of documents, you are required
to furnish all documents available to you, including documents in the possession of
your attorney or any person acting on your behalf. If you cannot locate any particular
document, after exercising due diligence to secure the document sought, so state in
your answer, specifying your inability to locate the document and the last known
person having custody of such document.
You are under a duty to seasonably amend a prior response if you obtain

information upon the basis of which (a) you know that the response was incorrect
when made, or (b) you know that the response, though correct when made, is no
longer true, and the circumstances are such that a failure to amend the response is, in
substance, a knowing concealment.
Any supplemental responses should be filed and served upon counsel for the
Plaintiff within fifteen (15) days after receipt of such information.
You are further advised that other parties to the action in which
this subpoena has been issued have the right to be present at the time of
such production or inspection. You have the right to object at any time
prior to the date set forth in this subpoena for compliance. Should you
choose to object, you should communicate such objection in writing to the
party causing the issuance of this subpoena and stating, with respect to
any item or category to which objections are made and your reasons for
such objection.
This the 1 st day of March 2012.
OF COUNSEL:
MOUNTAIN, BAIRD & MOUNTAIN
P.O. Box 2885
Tuscaloosa, AL 35403
(205) 349-1740 - phone
(205) 349-1762 – facsimile
Defendants’ Service Addresses:
Byron E. House
5809 Harborview Lane
Northport, AL 35473
Bobby Cockrell, Jr. and
COCKRELL and COCKRELL
1409 University Blvd.
Tuscaloosa, AL 35401
/s/ Clint Mountain ____________________
Clint Mountain (MOU-012)
/s/ C. Delaine Mountain_________________
C. Delaine Mountain (MOU-002)

ELECTRONICALLY FILED
3/1/2012 2:32 PM
CV-2012-900178.00
CIRCUIT COURT OF
TUSCALOOSA COUNTY, ALABAMA
IN THE CIRCUIT COURT OF TUSCALOOSA, ALABAMA MAGARIA HAMNER BOBO, CLERK
JUAKEISHIA VONSHAI PRUITT, )
Plaintiff. )
)
vs. )
)
BYRON E. HOUSE, an individual, ) Case No.:
BOBBY COCKRELL, JR., )
an individual, )
COCKRELL AND COCKRELL, )
an unincorporated business entity, )
and fictitious )
defendants A through H, )
Defendants. )
PLAINTIFF'S REQUESTS FOR PRODUCTION TO DEFENDANTS
COMES NOW the Plaintiff by and through her counsel of record and pursuant
to Rules 33 and 34 of the Alabama Rules of Civil Procedure, propounds the following
discovery to be answered in the time allowed by law:
DEFINITIONS
A. "You" or "Your" refers to the party to whom this request is directed.
B. "Document(s)" is used in its broadest possible sense and shall mean: any
written, printed, typed, recorded, computerized, electronic or other graphic matter of
every kind and nature; all mechanical and electrical or electronic sound recordings and
any transcripts thereof; photographs or drawings; internal or external memorandums
and correspondence; electronic or other calendars, diaries and e-mails, e-mail in-box,
deleted or outbox lists and substantive e-mail messages; and all computer data files in
your possession, custody, and/or control, or known to you to exist. This definition of
"document" includes, without limitation: all preliminary documents, all copies of
documents, all marginal or other notes on documents or copies thereof, all file folders,
and all labels or markings indicating the manner in which the documents have been
maintained.
C. "Relating to" or "regarding" as used herein means and includes: referring to,
commenting on, connected with, bearing on, leading to, dealing with, evidencing,
discussing, covering, representing or mentioning, in any way whatsoever, directly or
indirectly.
D. "Surrounding" as used herein means and includes: before the period at issue,
during the period at issue, and after the period at issue.
E. "Identify" as used herein with reference to an individual, person, corporation,
or other entity, means to state his, her or its: (1) full name; (2) present or last known
business and residence addresses; 3) present or last known business and home phone

numbers; and (4) present or last known position, business affiliation, employer, and
title.
F. "Or" as used herein should not be read so as to eliminate any part of any
request, or as permitting the option of responding to any part of any request by
answering as to only one of the terms separated by "or;" rather, whenever applicable,
"or" should be read as having the same meaning as the word “and.”
G. “Writing” as used herein includes the original or copy of handwriting,
typewriting, printing, photostatting, photographing, and every other means of
recording upon any tangible thing, any form of communication or representation,
including letters, words, pictures, sounds, and symbols, or combinations of them.
H. "Possession", as used herein, means physical possession, implicit possession or
legal possession. For example, if a third party holds documents for this defendant,
that would still qualify as "legal" possession.
INSTRUCTIONS
A. Pursuant to the applicable rules of civil procedure, these discovery requests
must be completed within the applicable time frame. Failure to comply with such time
frame will result in a motion to compel being filed by Plaintiff(s).
B. If a privilege not to answer a request for production is claimed, identify each
document or response as to which the privilege is claimed, the nature of the privilege,
and the legal and factual basis for each such claim.
C. If a refusal to produce a particular document is burdensome, identify the
document(s) needed to be searched, the location of the document(s), and identify each
person(s) or entity that must be consulted.
SUPPLEMENTATION OF RESPONSES
These requests for production are of an ongoing nature, and should
you acquire additional information or documents responsive to these
requests, such answers to these requests shall be supplemented to include
the additional information or documents pursuant to Rule 26(e) and/or
26(f) of the Rules of Civil Procedure.
SPECIFIC REQUESTS
1. Any and all statements, correspondence, memoranda, writings or other
documents prepared by the defendant attorney and/or any other attorney, employee,
agent or representative of the defendant law firm concerning the claims of the Plaintiff.
2. All files, documents or data by any medium in the defendant attorney or law
firm’s possession in connection with any work performed for or on behalf of the
Plaintiff.

3. The entire files of the Plaintiff, including writings, correspondence,
memoranda, or any other document concerning the claims detailed in the Plaintiff’s
complaint.
4. Copies of any and all correspondence, writings, reports, CVs or documents
from any consulting expert hired by the defendant attorney or law firm in connection
with the underlying lawsuit.
5. Copies of any and all correspondence, writings, reports or documents from any
consulting expert hired by the defendant attorney or law firm in connection with this
lawsuit.
6. The expert reports of any expert witnesses who will be called to testify by
defendant in this cause. If such expert has not prepared a report, then request is hereby
made that the expert's findings and opinions be reduced to writing in the form of a
report and produced.
7. All photographs, videotapes and/or other photographic reproductions which
may be used in the trial of this cause.
8. A copy of all documents relating to any grievance filed by the plaintiff against
the defendant attorney or law firm, including the defendant attorney's response to such
complaint.
9. A copy of the Curriculum Vita of any expert which you expect to testify in this
case.
10. A copy of the defendant attorney's annual audits submitted to any legal
specialization board, as well as the original application for certification as a specialist.
11. A copy of the defendant attorney's minimum continuing legal education records
of attendance at seminars during the preceding five years.
12. A copy of all canceled checks or other documents reflecting any and all income
received by the defendant attorney or law firm in connection with the underlying case,
as well as copies of expenses paid by the defendant attorney or law firm.
13. A copy of any contracts between defendant attorney and the client in the
underlying case.
14. A copy of any correspondence including attachments or materials provided to
the Alabama State Bar regarding any complaints against the Defendants.
15. A copy of any materials received from any party via request or subpoena in this
action or any related action.
16. Any and all insurance or other casualty coverage that potentially covers any
potential damages arising from this case, whether or not coverage is disputed
(declaration pages of any potential coverages will suffice.)

Dated this the 1 st day of March 2012.
OF COUNSEL:
MOUNTAIN, BAIRD & MOUNTAIN
P.O. Box 2885
Tuscaloosa, AL 35403
(205) 349-1740 - phone
(205) 349-1762 – facsimile
Defendants’ Service Addresses:
Byron E. House
5809 Harborview Lane
Northport, AL 35473
Bobby Cockrell, Jr. and
COCKRELL and COCKRELL
1409 University Blvd.
Tuscaloosa, AL 35401
/s/ Clint Mountain ____________________
Clint Mountain (MOU-012)
/s/ C. Delaine Mountain_________________
C. Delaine Mountain (MOU-002)