LAW DEPARTMENT

Shauna R. Billingsley, Esq.

City Attorney
Also Licensed In Texas

HISTORIC

FRANKLIN
TENNESSEE

February 8,2019

Via Regular Mail

Mr. Douglas Jones, Esq.

Schulman, LeRoy & Bennett
501 Union Street, 7"* Floor
Nashville, Tennessee 37219-0676

Re; City of Franklin, Tennessee v. Franklin Chapter #14 of the United Daughters of the
Confederacy, or its Successors in Interest; Case No.47643

Dear Mr. Jones,

Please find enclosed the City of Franklin's requests for discovery.

Yours truly.

Ellen Hansen
Legal Assistant

Enclosures

City Hall • 109 Third Avenue South • Franklin, TN 37064 • 615.550.6603 0 • 615.550.6998 F • www.frankiintn.gov
 IN THE CHANCERY COURT FOR WILLIAMSON COUNTY,TENNESSEE
21ST JUDICIAL DISTRICT AT FRANKLIN

CITY OF FRANKLIN,TENNESSEE,
Plaintiff,

V. Case No.47643

FRANKLIN CHAPTER #14 OF THE

UNITED DAUGHTERS OF THE
CONFEDERACY,or its Successor in
Interest,
Defendant

CITY OF FRANKLIN'S FIRST SET OF INTERROGATORIES AND REQUESTS

FOR PRODUCTION OF DOCUMENTS TO DEFENDANT

Pursuant to Tenn. R. Civ. P. 26, 33, and 34, Plaintiff, City of Franklin,("City" or

"Plaintiff'), by and through its undersigned counsel, requests that Defendant, Franklin Chapter

#14 ofthe United Daughters ofthe Confederacy,("UDC or "Defendant"), respond to the

following Interrogatories and Requests for Production ofDocuments within thirty(30)days of

receipt.

These discovery requests are to be considered continuing in nature and are to be

supplemented in accordance with the Tennessee Rules of Civil Procedure. If you refuse to

answer any ofthese discovery requests in whole or in part, please describe the particular

information or item withheld and the basis for your refusal to provide it, including any claim of

privilege or work product,in sufficient detail as to permit the court to adjudicate the validity of

your claim.

1. INSTRUCTIONS

1. These Instructions and Definitions are not intended to broaden or narrow the scope of

discovery permitted by the applicable Rules of Civil Procedure. The full text ofthese
1
 Instructions and Definitions are incorporated by reference into all discovery requests

propounded in this action but shall not preclude:(a)the definition of additional terms

specific to the particular litigation; and (b)the use ofadditional abbreviations that are

familiar to the parties or their counsel.

2. Whenever UDC is asked to identify a "document" or "record," that document or

record should be provided to the City as part ofthe interrogatory answers. This

document shall be produced in a manner that allows the City to understand to which

document request(s) or interrogatory(ies) the document is responsive.

3. If UDC withholds information or documents by asserting that the information or

documents are:(1)privileged or(2)subject to the protection under the work-product

qualified immunity,then also describe the nature ofthe information or documents

withheld or not produced in a manner that will enable the City's counsel to assess the

applicability ofthe asserted privilege or qualified immunity.

4. Answer each request on the basis of UDC's entire knowledge fi-om all sources and all

information in your possession or otherwise available to you, including but not

limited to, information from your officers, directors, agents, employees, attorneys,

representatives, subsidiaries, and any other person or entity purporting to act on your

behalf.

5. If a request cannot be answered in full, answer to the extent possible and specify the

reason(s) why the remainder cannot be answered. An incomplete answer or evasive

answer is a failure to answer.

6. Answer these Interrogatories imder oath and submit full and complete verified

answers hereto within thirty(30)days after service.

7. Where your answer to one request would be identical to your answer to a preceding

request, rather than repeat the answer in full, you may simply incorporate your

preceding answer by reference. These requests shall be deemed to be continuing

Interrogatories and Requests.

8. Between the time of your answers to said requests and the time oftrial, if you or

anyone acting in your behalflearns the identity or whereabouts of other witnesses not

disclosed in your answers, or if you obtain or learn ofadditional information

requested herein, but not supplied in your document production, then you shall

promptly furnish a supplemental answer and/or production ofdocuments, as

applicable, containing the same.

9. If your answer to a request relies upon a fact, opinion, or beliefin a document that

you are producing, you may identify the fact, opinion, or beliefin briefform and cite

specifically to the document.

II. DEFINITONS

1. "Action" shall mean the above-captioned action. Case No.47643, pending in the

Chancery Court for Williamson County, Tennessee.

2. "City" or "Plaintiff' shall mean the City of Franklin, Tennessee, its employees,

departments, elected and appointed officials, and any political subdivision thereof.

3. "Communication" refers to any exchange ofinformation by any means oftransmission,

sending or receipt ofinformation of any kind (in the form offacts, ideas, inquiries or

otherwise) by or through any means including, but not limited to, speech, writings,

documents,language(machine or otherwise)of any kind, computer electronics or

electronic data, sound, radio or video signals, telecommunications, telephone, teletype,

facsimile, photo static, telegram, microfilm, microfiche, photographic file of all types or

3
 other media of any kind. The term "Communication" also includes, without limitation,

all inquiries, discussions, conversations, correspondence, negotiations, agreements,

understandings, meetings, notices, requests, responses, demands, complaints, or press,

publicity or trade releases.

4. "Complaint" means and refers to the complaint filed in the above-captioned action.

5. "Concerning" or "Concern" shall mean constituting, evidencing, reflecting,

incorporating, effecting, affecting, including, or otherwise pertaining or relating either

directly or indirectly, or being in any way logically or factually connected with the

subject matter ofthe inquiry or request.

6. "Document" or "Record" is intended to be interpreted in the broadest possible sense and

includes, without limitation, any and all writings or other records ofinformation, data,

metadata, images, electronic data(as defined herein) or communications, whether

originals, draffs or copies, that are within the possession, custody or control ofDefendant,

whether fixed in a tangible medium or maintained via, stored in or retrievable from any

electronic medium, including, without limitation, computer hard drives, floppy drives,

CD,DVD,compact or optical disks or drives, magnetic drives or tapes, online storage,

video tape or other form of tape drive. The terms "Document" or "Record" include,

without limitation, all originals, versions and drafts thereof, including, without limitation,

any such materials that bear notations, interlineations, or handwritten notations, whether

used or not. The terms"Document" or "Record" include, by way ofexample and not by

way oflimitation, all ofthe following: correspondence, including, without limitation, via

e-mail, instant messenger, SMS or MMS,services or other form of electronic

interchange, memoranda,trade letters, envelopes, telegrams, cables, notes, messages,

reports, projects,"PowerPoint" presentations, tabulations, studies, reports, work papers.

 comparisons, books, accounts, financial statements, checks, audio and video recordings,

photographs, photocopies, drawings, articles, bulletins, pamphlets, brochures,

questionnaires, surveys, charts, newspapers, calendars, desk calendars, pocket calendars,

lists, logs, publications, notices, diagrams, instructions, diaries, minutes of meetings,

corporate minutes, orders, resolutions, agendas, memorials or notes or oral

communications, whether by telephone or face-to-face, licenses, contracts, agreements,

drafts ofor proposed contracts or agreements, memoranda of understanding, letters of

intent, circulars, trade releases, press releases, recall notices, charts, deal memoranda,

transcriptions of audio or video recordings, telecopier or facsimile transmissions and

printouts, letters of credit, stock certificates and securities, drawings, schematics, maps,

manuals, models, pleadings, petitions and any other document commencing any legal

process and any responses thereto,swom statements, including, without limitation,

affidavits or declarations, interrogatories, legal briefs, legal motions,judgments, or orders

fi-om any regulatory agency or body.

7. "Identify","Identifies", or "Identity" has the following meanings in the following

contexts unless otherwise specified:

a. When used with respect to a natural person or persons, to "Identify" means to

provide each such person's full name,title, age, last known residence address, last

known business address, home telephone number, work telephone number,

employer, and place of employment.

b. When used with respect to a place, to "Identify" means to provide the address,

city or town, county, and state where that place is located.

c. When used with respect to a document,to "Identify" means to provide that

document's current location, identity ofthe author(s), and date (or if it bears no
 date, the date when it was prepared); the Identity ofeach recipient; the type of

document(e.g., correspondence, memorandum, minutes, e-mail, tape-recording,

etc.); the subject ofthe document; and the Identity ofthe document's custodian.

d. When used with respect to a witness, to "Identify" means to provide the subject

matter on which the witness is expected to testify; the substance ofthe facts upon

which or about which the witness is expected to testify; the substance ofthe

opinions such witness is expected to testify; and a summary ofthe grounds for

each opinion as to which each such witness is expected to testify.

e. When used with respect to a communication which is oral in nature, the following

information should be given as to each oral communication of which you are

aware, whether or not you or others were present or participated therein: the

means ofcommunication (e.g., telephone, personal conversation, etc.); where it

took place; its date; the names,addresses, employers and positions of all persons

who participated in the communication and of all other persons who were present

during or who overheard that communication; the substance of who said what to

whom and the order in which it was said; and whether that communication or any

part thereof is recorded, described or referred to in any document(however

informal) and, ifso, an identification ofsuch document in the manner indicated

above.

f. When used with respect to an act, circumstance, occurrence, occasion, meeting,

transaction, or conversation(and "act"), to "Identify" means to set forth the event

or events constituting such an act; the act's location; its date and the persons

participating, present or involved; the substance of what was said by each such

person identified; and the documents relating or referring in any way thereto.
8. "Information" means any fact, data, circumstance, belief, or knowledge communicated or

received, whether held in the form ofdocuments, copies ofdocuments, electronically

stored information, e-mails, archives, databases, internal data storage systems, or

knowledge gains through any study, communication, research, instruction or other means

ofgathering such Information.

9. "Meeting" means any gathering, assembly, convocation,encounter or contemporaneous

presence oftwo or more natural persons for any purpose, whether or not formal,

informal, planned, arranged, scheduled in advance, ad hoc or impromptu, and whether or

not occurring face-to-face, serially, telephonically, via video conference, instant

messenger, or some other electronic means, or in connections with some other activity

unrelated to the purpose ofsuch meeting,

10."Person" or "People" means any individual regardless oflocation or demographic

classification, corporation, partnership, firm, association, government agency or other

organization recognizable at law,including its officers, directors, employees, agents,

independent contractors and anyone else purporting to act on such Person's behalf.

11."Public Square" means the Public Square in the City of Franklin, Williamson County,

State of Tennessee, at the intersection of 3"^ Avenue and Main Street.

12."State" means the State of Tennessee.

13."UDC" or "Defendant" shall mean the Franklin Chapter #14 ofthe United Daughters of

the Confederacy.

14. The following rules of construction shall apply to all discovery requests:

a. The terms "All" and "Each" shall be construed as "all and each."

b. The connectives"And" and "Or" shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of discovery request all

 responses that might otherwise be construed to be outside ofits scope. The use of

the term "And/or" shall be construed to include within the discovery request

responses all responses that meet one ofthe listed items and all responses that

meet more than one ofthe listed items.

c. The use ofthe singular form of any word includes the plural and vice versa.

d. The use ofany tense of any verb shall include within its meaning all other tenses

ofthat verb.

e. The use of a masculine, feminine or neuter pronoun in any request herein shall not

exclude the other genders, all to the end that the interpretation applied results in

the more expansive interpretation ofsaid request.

f. The term "Including" shall be construed as "including, without limitation."

g. The term "You" and "Defendant" shall be deemed to mean and refer to the party

to whom these Requests have been propounded for response and shall also be

deemed to refer to, but shall not be limited to, your officers, attorneys,

consultants, sureties, indemnitors, insurers, investigators, and any other agents

insofar as the material requested herein is not privileged.

h. Unless words or terms have been given a specific definition herein, each word or

term used herein shall be given its usual and customary dictionary definition

except where such words have a specific custom and usage definition in your

trade or industry, in which case they shall be interpreted in accordance with such

usual and custom and usage of which you are aware.

i. If any document requested herein is withheld fi*om production on the grounds of

assertion of privilege or other legal protection, you are requested to prepare a

privilege log for such documents which identifies:

8
 i. The nature ofthe document, e.g., letter, memorandum,email;

ii. The identity ofthe person who created the document;

iii. The date ofthe document;

iv. A description ofthe document sufficient to identify the subject matter of

the Document;

V. From whom and to whom the document was addressed or sent, and each

person who received the document;

vi. The privilege or legal protection you are claiming; and

vii. The basis on which you are claiming that privilege or legal protection.

III. INTERROGATORIES

1. Identify each person who assisted in responding to these interrogatories. Please state the

full name, address, phone number and relationship to you.

RESPONSE:

2. For each and every request for admission that you did not unequivocally admit, please

identity the reason for not admitting.

RESPONSE:
3. State your name,address, and role within the UDC and specify if you are the client ofthe

retained counsel in this matter, or if not, who is the client ofthe retained counsel.

RESPONSE;

4. State the dates of when the UDC was formed; organized; incorporated; dissolved; and/or

terminated through the Tennessee Secretary of State,

RESPONSE:

5. List the members ofthe UDC; when the UDC meets, the frequency ofthe UDC meetings;

any public notices made by the UDC; whether minutes ofthe UDC meetings are

recorded; the officers ofthe UDC,the past officers ofthe UDC;the mailing and physical

address ofthe UDC;the membership fees for the UDC; where and how the records ofthe

UDC are stored; and all bank accounts in the possession ofthe UDC

RESPONSE:

6. Describe your basis for the position, as stated at the Board of Mayor and Aldermen Work

Session meeting on August 28,2018,that the UDC owns both the monument and the

land that encompasses the Public Square in the City.

RESPONSE:

10
7. If you do not believe that you own the entire Public Square, identify which part or parts

ofthe Public Square that you believe the UDC owns? Be specific as to certain areas and

include the measurements ofthose areas

RESPONSE:

8. Describe any efforts made by the UDC to maintain, develop, or improve the Public

Square since the monument was installed, including, but not limited to: landscaping;

mowing grass; trimming; weeding; planting flowers, bushes, or trees; spreading mulch;

shoveling snow; spreading salt on walkways; repairing or replacing portions ofthe

sidewalk, curbs, and steps; repairing or replacing bricks; installing benches; cleaning up

and removing trash; replacing damaged or destroyed items; updating and upgrading old

items; installing lighting; installing a water irrigation system; installing signs; or

installing decorations.

RESPONSE:

9. Describe any efforts made by the UDC to maintain, repair, or improve the monument on

the Public Square, including, but not limited to: cleaning; restoring; repairing; updating;

or replacing.

RESPONSE:

11
10. Identify any documents such as memorandums of understanding or service agreements

that specify the relationship between the UDC and the City regarding the maintenance of

the Public Square or the monument on the Public Square.

RESPONSE:

11. List all years since the monument was installed on the Public Square that the UDC paid

state or federal taxes, rent, mortgage payments, or utility bills for the property that

encompasses the Public Square.

RESPONSE:

12. Identify any easements,tax liens, or any other type ofencumbrance on the property that

encompasses the Public Square.

RESPONSE:

13. Describe any private or public celebrations held by the UDC on the Public Square.

RESPONSE:

12
14. Identify all documents relied upon by UDC to support the position that the UDC owns or

has any other type of possession rights to the Public Square, including, not limited to:

proofs of purchase; purchase agreements; deeds; lease agreements; title documents; court

orders or declarations; insurance policies; or minutes from the County Court of

Williamson County.

RESPONSE:

15. Describe any financial assistance received, obtained, or delivered regarding the Public

Square or the monument on the Public Square, to or fi-om the City and the UDC.

RESPONSE:

16. State how the UDC has observed the monument on the Public Square since the

monument was installed in 1899.

RESPONSE:

17. Describe in detail, including names, dates, and methods ofcommunication, in which the

City, or any employees or representatives ofthe City, made public representations that
13
 the monument on the Public Square and the surrounding lands adjoining the roadways are

owned and operated by UDC.

RESPONSE:

18. Describe in detail why the UDC does not believe that the City should install four(4)

historical plaques describing the history of Civil War-era black residents in the Public

Square.

RESPONSE:

19. Describe in detail the basis for the position ofthe UDC that it believes that the City wants

to remove the monument from the Public Square and "erase American history" as quoted

by counsel for the UDC in the Courthouse News article on December 12, 2018.

RESPONSE:

20. Describe all conversations with City staff regarding the monument and the Public Square,

dates and persons involved.

RESPONSE:

14
21. List any statutes, rules, code, or case law that is relied upon by the UDC in support ofits

position in this matter.

RESPONSE:

22. Describe in detail what the UDC seeks from the Chancery Court for Williamson County.

RESPONSE:

23. Identify any person(s)the UDC expects to call as an expert witness. Please state the full

name, address, phone number,knowledge, skill experience, training, or education which

would allow the witness to be qualified as an expert, the subject matter on which the

expert is expected testify, the substance ofthe facts and opinions to which the expert is

expected to testify, and a summary ofthe groimds for each opinion. Please list any

exhibits or documents relied upon by any expert witness.

RESPONSE:

24. Describe in detail the bases for the affirmative defenses listed in the Answer to the

complaint filed by the City.

RESPONSE:

15
 IV.PRODUCTION OF DOCUMENTS

1. Please provide all documents identified or otherwise set forth in your responses to the

foregoing Interrogatories.

RESPONSE:

2. Produce all documents used by you in responding to the Request for Admissions.

RESPONSE:

3. Produce every document or communication between you and any other person

conceming your answers in your Answer to the Complaint.

RESPONSE:

4. Produce all client agreements and/or retainer agreements between the UDC and retained

counsel for the UDC.

RESPONSE:

16
5. Produce all documents related to articles ofincorporation and dissolution ofthe UDC

with the Tennessee Secretary of State.

RESPONSE:

6. Produce all documents that show payments for city and county property taxes, and all

state and federal taxes paid by the UDC for the last five(5) years.

RESPONSE:

7. Produce all corporate or organizational documents,including, but not limited to: business

license documents; charters; bylaws; meeting minutes; meeting agendas; public notices;

annual budgets; membership lists; and officer lists since the UDC was formed on

September 6,1989.

RESPONSE:

8. Produce all documents related to the alleged ownership ofthe Public Square by the UDC.

RESPONSE:

17
9. Produce all documents related to the ownership ofthe monument on the Public Square by

the UDC or the City.

RESPONSE:

10. Produce all documents that describe the relationship between UDC and the City,

including, but not limited to: memorandums of understanding; purchase agreements;

services agreements; invoices; contracts; or any other written documents.

RESPONSE:

11. Produce all written communications between the UDC and the City, any City employee,

or any person representing the City.

RESPONSE:

12. Produce all documents which the UDC intends to use or rely upon at the trial on this

matter, or in any dispositive proceedings in this matter.

RESPONSE:

18
 13. Produce all documents evidencing work on the Public Square on behalfofthe UDC.

RESPONSE:

OATH

STATE OF TENNESSEE
COUNTY OF

I, ,hereby state under oath that I have read the

foregoing Interrogatories and Requests for Production ofDocuments; and that the information
set forth therein is true according to my personal knowledge, information, and belief.

Name:

Title:

Subscribed and swom to before me this, the day of

2019.

NOTARY PUBLIC

My Commission Expires:

19
 Respectfully submitted,

CITY OF FRANKLIN,TENNESSEE

i3.
Shauna R.Billingsley (023362) y U
City Attorney
Matthew R. Muenzen (027439)
Assistant City Attorney
Tiffani M.Pope(035652)
StaffAttorney
109 3"^ Avenue South
Franklin, Tennessee 37064
Phone: 615-550-6603
Fax:615-550-6998
shauna.billingsley@franklintn.gov
matthew.muenzen@franklintn.gov
tiffani.pope@franklintn.gov

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was served via
U.S. Mail this the ^^day of pl/V(nCllA^ 2019 to:
Douglas E. Jones
John I Harris, III
Schulman, Leroy & Bennett, P.C.
501 Union Street, 7^ Floor
P.O. Box 190676
Nashville, Tennessee 37219-0676

Will Pomeroy
William L. Pomeroy Law
8115 Isabella Lane, Suite 9
Brentwood, Tennessee 37027

SVldAAIAfl^
Shauna R. Billinssley 0 0

20
 IN THE CHANCERY COURT FOR WILLIAMSON COUNTY,TENNESSEE
JUDICIAL DISTRICT AT FRANKLIN

CITY OF FRANKLIN,TENNESSEE,
Plaintiff,

V. Case No.47643

FRANKLIN CHAPTER #14 OF THE

UNITED DAUGHTERS OF THE
CONFEDERACY,or its Successor in
Interest,
Defendant.

CITY OF FRANKLIN'S FIRST SET OF REQUESTS FOR ADMISSIONS

Pursuant to Tenn. R. Civ. P. 26 and 36, Plaintiff, City of Franklin,("City" or "Plaintiff'),

by and through its undersigned counsel,requests that Defendant, Franklin Chapter #14 ofthe

United Daughters ofthe Confederacy,("UDC" or "Defendant"), respond to the following First

Set of Request for Admissions. Accordingly, the City requests that Defendant serve upon the

undersigned, within thirty(30)days after service hereof, answers in writing, imder oath, to the

following Admissions.

These discovery requests are to be considered continuing in nature and are to be

supplemented in accordance with the Tennessee Rules of Civil Procedure. If you refuse to

answer any of these discovery requests in whole or in part, please describe the particular

information or item withheld and the basis for your refusal to provide it, including any claim of

privilege or work product, in sufficient detail as to permit the court to adjudicate the validity of

your claim.

I. INSTRUCTIONS

1. These Instructions and Definitions are not intended to broaden or narrow the scope of

discovery permitted by the applicable Rules of Civil Procedure. The full text ofthese
1
 Instructions and Definitions are incorporated by reference into all discovery requests

propounded in this action but shall not preclude:(a)the definition of additional tenns

specific to the particular litigation; and(b)the use of additional abbreviations that are

familiar to the parties or their counsel.

2. Whenever UDC is asked to identify a "document" or "record," that document or

record should be provided to the City as part ofthe request for admissions. This

document shall be produced in a manner that allows the City to understand to which

document request(s) or request for admission the document is responsive.

3. If UDC withholds information or documents by asserting that the information or

documents are:(1)privileged or(2)subject to the protection under the work-product

qualified immunity,then also describe the nature ofthe information or documents

withheld or not produced in a manner that will enable the City's counsel to assess the

applicability ofthe asserted privilege or qualified immunity.

4. Answer each request for admission on the basis of UDCs entire knowledge fi-om all

sources and all information in your possession or otherwise available to you,

including but not limited to, information fi-om your officers, directors, agents,

employees, attorneys, representatives, subsidiaries, and any other person or entity

purporting to act on your behalf.

5. If a request for admission cannot be answered in full, answer to the extent possible

and specify the reason(s) why the remainder caimot be answered. An incomplete

answer or evasive answer is a failure to answer.

6. Where your answer to one request for admission would be identical to your answer to

a preceding request, rather than repeat the answer in full, you may simply incorporate
 your preceding answer by reference. These requests shall be deemed to be continuing

requests for admissions.

7. Between the time of your answers to said requests for admissions and the time of

trial, if you or anyone acting in your behalfleams the identity or whereabouts ofother

witnesses not disclosed in your answers, or if you obtain or learn of additional

information requested herein, but not supplied in your document production, then you

shall promptly furnish a supplemental answer, as applicable, containing the same.

8. If your answer to a request for admission relies upon a fact, opinion, or beliefin a

document that you are producing, you may identify the fact, opinion, or beliefin brief

form and cite specifically to the document.

II. DEFINITONS

1. "Action" shall mean the above-captioned action. Case No.47643, pending in the

Chancery Court for Williamson County, Tennessee.

2. "City" or "Plaintiff shall mean the City of Franklin, Tennessee, its employees,

departments, elected and appointed officials, and any political subdivision thereof.

3. "Communication" refers to any exchange ofinformation by any means oftransmission,

sending or receipt ofinformation ofany kind (in the form offacts, ideas, inquiries or

otherwise) by or through any means including, but not limited to, speech, writings,

documents,language(machine or otherwise)ofany kind, computer electronics or

electronic data, sound,radio or video signals, telecommimications, telephone,teletype,

facsimile, photo static, telegram, microfilm, microfiche, photographic file of all types or

other media of any kind. The term "Communication" also includes, without limitation,

all inquiries, discussions, conversations, correspondence, negotiations, agreements.

 understandings, meetings, notices, requests, responses, demands, complaints, or press,

publicity or trade releases.

4. "Complaint" means and refers to the complaint filed in the above-captioned action.

5. "Conceming" or "Concern" shall mean constituting, evidencing, reflecting,

incorporating, effecting, affecting, including, or otherwise pertaining or relating either

directly or indirectly, or being in any way logically or factually connected with the

subject matter ofthe inquiry or request.

6. "Document" or "Record" is intended to be interpreted in the broadest possible sense and

includes, without limitation, any and all writings or other records ofinformation, data,

metadata, images, electronic data(as defined herein) or communications, whether

originals, drafts or copies, that are within the possession, custody or control ofDefendant,

whether fixed in a tangible medium or maintained via, stored in or retrievable from any

electronic medium,including, without limitation, computer hard drives, floppy drives,

CD,DVD,compact or optical disks or drives, magnetic drives or tapes, online storage,

video tape or other form oftape drive. The terms "Document" or "Record" include,

without limitation, all originals, versions and drafts thereof, including, without limitation,

any such materials that bear notations, interlineations, or handwritten notations, whether

used or not. The terms "Document" or "Record" include, by way of example and not by

way oflimitation, all ofthe following: correspondence, including, without limitation, via

e-mail, instant messenger,SMS or MMS,services or other form of electronic

interchange, memoranda, trade letters, envelopes, telegrams, cables, notes, messages,

reports, projects,"PowerPoint" presentations, tabulations, studies, reports, work papers,

comparisons, books, accounts, financial statements, checks, audio and video recordings,

photographs, photocopies, drawings, articles, bulletins, pamphlets, brochures.

 questionnaires, surveys, charts, newspapers, calendars, desk calendars, pocket calendars,

lists, logs, publications, notices, diagrams, instructions, diaries, minutes of meetings,

corporate minutes, orders, resolutions, agendas, memorials or notes or oral

communications, whether by telephone or face-to-face, licenses, contracts, agreements,

drafts ofor proposed contracts or agreements, memoranda of understanding, letters of

intent, circulars, trade releases, press releases, recall notices, charts, deal memoranda,

transcriptions of audio or video recordings, telecopier or facsimile transmissions and

printouts, letters of credit, stock certificates and securities, drawings,schematics, maps,

manuals, models, pleadings, petitions and any other document commencing any legal

process and any responses thereto, sworn statements, including, without limitation,

affidavits or declarations, interrogatories, legal briefs, legal motions,judgments, or orders

from any regulatory agency or body.

7. "Identify","Identifies", or "Identity" has the following meanings in the following

contexts unless otherwise specified:

a. When used with respect to a natural person or persons, to "Identify" means to

provide each such person's full name,title, age, last known residence address, last

known business address, home telephone number, work telephone number,

employer, and place ofemployment.

b. When used with respect to a place, to "Identify" means to provide the address,

city or town, county, and state where that place is located.

c. When used with respect to a document,to "Identify" means to provide that

document's current location, identity ofthe author(s), and date (or if it bears no

date, the date when it was prepared); the Identity of each recipient; the type of
 document(e.g., correspondence, memorandum, minutes, e-mail, tape-recording,

etc.); the subject ofthe document; and the Identity ofthe document's custodian.

d. When used with respect to a witness, to "Identify" means to provide the subject

matter on which the witness is expected to testify; the substance ofthe facts upon

which or about which the witness is expected to testify; the substance ofthe

opinions such witness is expected to testify; and a summary ofthe grounds for

each opinion as to which each such witness is expected to testify.

e. When used with respect to a communication which is oral in nature, the following

information should be given as to each oral communication of which you are

aware, whether or not you or others were present or participated therein: the

means of communication (e.g., telephone, personal conversation, etc.); where it

took place; its date; the names, addresses, employers and positions of all persons

who participated in the communication and of all other persons who were present

during or who overheard that conununication; the substance of who said what to

whom and the order in which it was said; and whether that communication or any

part thereofis recorded, described or referred to in any document(however

informal) and,ifso, an identification ofsuch document in the manner indicated

above.

f. When used with respect to an act, circumstance, occurrence, occasion, meeting,

transaction, or conversation (and "act"), to "Identify" means to set forth the event

or events constituting such an act; the act's location; its date and the persons

participating, present or involved; the substance of what was said by each such

person identified; and the documents relating or referring in any way thereto.
8. "Information" means any fact, data, circumstance, belief, or knowledge commimicated or

received, whether held in the form ofdocuments, copies of documents, electronically

stored information, e-mails, archives, databases, internal data storage systems, or

knowledge gains through any study, communication, research, instruction or other means

of gathering such Information.

9. "Meeting" means any gathering, assembly, convocation, encounter or contemporaneous

presence oftwo or more natural persons for any purpose, whether or not formal,

informal, planned, arranged, scheduled in advance, ad hoc or impromptu, and whether or

not occurring face-to-face, serially, telephonically, via video conference, instant

messenger, or some other electronic means, or in connections with some other activity

unrelated to the purpose ofsuch meeting.

10."Person" or "People" means any individual regardless oflocation or demographic

classification, corporation, partnership, firm,association, government agency or other

organization recognizable at law,including its officers, directors, employees, agents,

independent contractors and anyone else purporting to act on such Person's behalf.

11."Public Square" means the Public Square in the City of Franklin, Williamson County,

State ofTennessee, at the intersection of 3"^ Avenue and Main Street.

12."State" means the State of Tennessee.

13."UDC"or "Defendant" shall mean the Franklin Chapter #14 ofthe United Daughters of

the Confederacy.

14. The following rules ofconstruction shall apply to all discovery requests:

a. The terms"AH" and "Each" shall be construed as "all and each."

b. The connectives "And" and "Or" shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of discovery request all

 responses that might otherwise be construed to be outside ofits scope. The use of

the term "And/or" shall be construed to include within the discovery request

responses all responses that meet one ofthe listed items and all responses that

meet more than one of the listed items.

c. The use ofthe singular form ofany word includes the plural and vice versa.

d. The use ofany tense of any verb shall include within its meaning all other tenses

ofthat verb.

e. The use of a masculine, feminine or neuter pronoun in any request herein shall not

exclude the other genders, all to the end that the interpretation applied results in

the more expansive interpretation ofsaid request.

f. The term "Including" shall be construed as "including, without limitation."

g. The term "You"and "Defendant" shall be deemed to mean and refer to the party

to whom these Requests have been propounded for response and shall also be

deemed to refer to, but shall not be limited to, your officers, attorneys,

consultants, sureties, indemnitors, insurers, investigators, and any other agents

insofar as the material requested herein is not privileged.

h. Unless words or terms have been given a specific definition herein, each word or

term used herein shall be given its usual and customary dictionary definition

except where such words have a specific custom and usage definition in your

trade or industry, in which case they shall be interpreted in accordance with such

usual and custom and usage of which you are aware.

i. If any document requested herein is withheld fi-om production on the grounds of

assertion of privilege or other legal protection, you are requested to prepare a

privilege log for such documents which identifies:

 i. The nature ofthe document, e.g., letter, memorandum,email;

ii. The identity ofthe person who created the document;

iii. The date ofthe document;

iv. A description ofthe document sufficient to identify the subject matter of

the Document;

V. From whom and to whom the document was addressed or sent, and each

person who received the document;

vi. The privilege or legal protection you are claiming; and

vii. The basis on which you are claiming that privilege or legal protection.

III. REQUEST FOR ADMISSIONS

1. Please admit that the UDC was dissolved and terminated on January 8,1990.

RESPONSE:

2. Please admit that the UDC is not a legal corporation currently within the State.

RESPONSE:

3. Please admit that the UDC does not own the Public Square and has never owned the

Public Square.

RESPONSE:
4. Please admit that the UDC does not own any portion ofthe land around the monument on

the Public Square.

RESPONSE:

5. Please admit that the UDC does not own the sidewalk or any portion ofthe sidewalk on

the Public Square.

RESPONSE:

6. Please admit that the UDC does not own the land under the pavers in the Public Square.

RESPONSE:

7. Please admit that it is unknown if the UDC owns the monument or the land under the

monument located on the Public Square.

RESPONSE:

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8. Please admit that the City does not own the monument located on the Public Square.

RESPONSE:

9. Please admit that the City did not make public representations that the UDC owns and

operates the monument in the Public Square and the lands adjoining the monument.

RESPONSE:

10. Please admit that a deed to the land in the center ofthe Public Square upon which the

monument sits was never filed in Williamson County, Tennessee.

RESPONSE:

11. Please admit that there is no evidence of a deed, with the exception ofthe minutes fi*om

the County Court of Williamson County.

RESPONSE:

12. Please admit that the City never deeded the land for the Public Square to the UDC.

RESPONSE:

11
13. Please admit that the UDC has not paid any taxes or rent to the City or the State for the

Public Square.

RESPONSE:

14. Please admit that the City has not made any public representations about removing the

monument from the Public Square.

RESPONSE:

15. Please admit that the City has maintained the Public Square.

RESPONSE:

16. Please admit that the City has assisted in the maintenance ofthe monument located in the

Public Square.

RESPONSE:

12
17. Please admit that the UDC does not maintain the Public Square.

RESPONSE:

18. Please admit that the UDC did not oppose the placement ofthe carriages for the Union

cannons on the Public Square in 2014.

RESPONSE:

19. Please admit that the UDCS has not objected to any public displays on the Public Square

by the City.

RESPONSE:

20. Please admit that the UDC does not wish for any display related to the African-American

experience before, during, and after the Civil War to be placed on the Public Square.

RESPONSE:

21. Please admit that the UDC has not suffered a deprivation of any right secured by either

federal or state law.

RESPONSE:

13
 OATH

STATE OF TENNESSEE
COUNTY OF

I, hereby state under oath that I have read the

foregoing Admissions; and that the information set forth therein is true according to my personal
knowledge, information, and belief.

Name:

Title:

Subscribed and sworn to before me this, the day of

2019.

NOTARY PUBLIC

My Commission Expires:

Respectfully submitted,

CITY OF FRANKLIN,TENNESSEE

Shauna R.Billingsley (023362)0 U

City Attorney
Matthew R. Muenzen (027439)
Assistant City Attorney
Tiffani M.Pope(0356S2)
StaffAttorney
109 3"* Avenue South
Franklin, Tennessee 37064
Phone: 615-550-6603
Fax:615-550-6998
shauna.billingsley@franklintn.gov
matthew.muenzen@franklintn.gov
tiffani.pope@frankIintn.gov

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 CERTIFICATE OF SERVICE

]hereby certify that a tme and correct copy of the foregoing instrument was served via
U.S. Mail this the ^iMayof fcbioxauj 2019 to:
Douglas E. Jones
John I Harris, III
Schulman, Leroy & Bennett, P.O.
501 Union Street, 7"^ Floor
P.O. Box 190676
Nashville, Tennessee 37219-0676

Will Pomeroy
William L. Pomeroy Law
8115 Isabella Lane, Suite 9
Brentwood, Tennessee 37027

Shauna R. Billingsley U C'

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