From: Jack Park <jackparklaw at gmail.com>
To: Charles Lynch <clynch at lynchinc.com>; David Lynch <dnl1960 at yahoo.com>
Sent: Friday, September 24, 2021, 11:18:41 AM EDT
Subject: Fwd: Your Rule 6.4 Response

FYI. The other side responds to my email.

---------- Forwarded message ---------
From: Benjamin Pierman <bpierman at mccurdycandler.com>
Date: Fri, Sep 24, 2021, 8:53 AM
Subject: RE: Your Rule 6.4 Response
To: Jack Park <jackparklaw at gmail.com>
Cc: Jason Smith <SouthernPiedmontLaw at gmail.com>, Brian Deutsch <bdeutsch at mccurdycandler.com>


Jack,

I’ve spoken with our client.  This is the situation with the storage facilities.  Ms. Lynch moved from Atlanta to the Myrtle Beach area in May this year.  She’s in a much smaller home compared to her home here.  Almost all of her worldly possessions are in these storage units; e.g. furniture, clothes, personal items, toiletries, prescription medication, her own personal papers, kitchen goods, etc…  They are from the company PODS.  Apparently there three of them that are 16 ft long by 10 ft tall and all are full to the brim.  PODS will store each shipping/storage container at a central location and then deliver them to a customer’s new home.  She believes the PODS warehouse for her area of South Carolina is in Conway, SC, about 20 miles from Myrtle Beach.

Ms. Lynch’s issue is that she doesn’t have room for the actual, physical pod containers at her current residence.  Thus, PODS is storing these containers at a climate controlled central facility until she is ready to have them delivered to her residence or a future residence.

I have informed her that she needs to figure out how she is going to access them and separate any and all documents, papers, etc…. that were her late husband’s or were involved in any way with his former businesses at issue here.  She will do so.  However, she needs two weeks to get all this together, hire professionals to assist her in sorting through these containers, removing anything that is remotely relevant to our litigation, and storing those items/documents in one place so that you can review and inspect them.  She will have this done within two weeks and I have stressed to her that two weeks is a hard deadline.

However, we will not allow your clients themselves to simply rummage through her personal possessions.  Either you or Mr. Smith can do the inspecting and review after we have separated any and all possibly relevant documents, etc…  Her concerns about your clients are valid based on their past behavior.  I’m not sure that you’re aware, but David Lynch has threatened her life in the past.  Thus, it is quite reasonable that we will not allow your clients to be the persons who inspect and review the documents and other property at issue. Please let me know if our proposal as outlined above is acceptable to you and your clients.  As always, we welcome your input about this issue, as we have made clear on numerous occasions.  We do not intend to hide or obscure anything from the discovery process but the fact that Ms. Lynch no longer lives here in Atlanta, her age, and health concerns have all combined to make this a more difficult process than it would have been prior to her move.  Thanks and we look forward to hearing from you.    

 
Ben Pierman

McCurdy & Candler, L.L.C.
160 Clairemont Avenue, Suite 550
Decatur, GA 30030
(678) 891-1824 (direct)
(404) 909-4385 (cell)
bpierman at mccurdycandler.com


From: Jack Park <jackparklaw at gmail.com>
Sent: Monday, September 20, 2021 2:26 PM
To: Benjamin Pierman <bpierman at mccurdycandler.com>
Cc: Jason Smith <SouthernPiedmontLaw at gmail.com>
Subject: Your Rule 6.4 Response

Ben,

In the light of your response, We demand that Mrs. Lynch identify both storage facilities by name and location, provide the access codes,and provide a point of contact for the keys to the storage units. In addition, we have no intention of paying "laborers" to assist Mrs. Lynch in complying with her discovery obligations. We will review the documents we find ourselves.

Please furnish this information to me and to Jason by the end of this week.

Very truly yours,

Jack Park

P. O. Box 5073
Gainesville, GA 30503

(470) 892-6444


Benjamin Pierman Response to Rule 6.4