STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

COUNTY OF WAKE SUPERIOR COURT DIVISION

09 CVS 6918

KENNETH C. JOHNSON, )
Plaintiff, )
v. )
)
OAK HEALTH CARE INVESTORS OF )
NORTH CAROLINA, INC., A NORTH ) PLAINTIFF KENNETH C. JOHNSON’S
CAROLINA CORPORATION d/b/a ) FIRST SET OF INTERROGATORIES,
THE LAURELS OF FOREST GLENN, )REQUEST FOR ADMISSIONS & PRODUCTION
LAUREL HEALTH CARE COMPANY, ) OF DOCUMENTS TO BARBARA B. WEYHER,
YATES, MCLAMB & WEYHER, LLP, ) OAK HEALTH CARE INVESTORS OF
BARBARA B. WEYHER, ESQ.,IN HER) NORTH CAROLINA,INC, A NORTH
PARTNERSHIP, PROFESSIONAL AND ) CAROLINA CORPORATION d/b/a THE
INDIVIDUAL CAPACITIES, DAN J. ) LAURELS OF FOREST GLENN
MCLAMB, IN HIS PARTNERSHIP, )
PROFESSIONAL, AND INDIVIDUAL )
CAPACITIES, SEAN T. PARTRICK, )
ESQ, IN HIS, PARTNERSHIP, )
PROFESSIONAL, AND INDIVIDUAL, )
CAPACITIES,CHRISTOPHER M.WEST,)
IN HIS PARTNERSHIP,PROFESIONAL)
AND INDIVIDUAL CAPACITIES, )
Defendants, )
______________________________)

NOW COMES the Plaintiff, Kenneth C. Johnson, pro se,

pursuant to Rules 26 and 33 of the North Carolina Rules of Civil
Procedure, and propounds Plaintiff Kenneth C. Johnson’s First Set
of Interrogatories, Request for Admissions & Production of
Documents to Barbara B. Weyher, in her individual capacity.
 INSTRUCTIONS

The following instructions apply to these discovery

requests:

1. Each discovery request shall be answered separately and fully

in writing under oath, [under penalty of perjury] unless it
is objected to, in which event the reasons for objections
shall be stated in lieu of an answer. The answers are to be
verified by the person making them. If the person answering
must obtain answers from others, they must be informed that
their answers are deem to be given under oath. All discovery
must be answered within 30 days.

2. The answer to each discovery request shall be inserted in the

space below each question, or, if the answer requires more
space, on a separate sheet which restates the question before
giving the answer.

3. If any discovery request cannot be answered in full after

exercising due diligence to secure the information requested
therein, please so state and answer the interrogatory
question to the extent possible, specifying the reasons for
any inability to answer the remainder of any such
interrogatory and stating whatever information is presently
available to you concerning the unanswered portion of that
question.

4. Barbara B. Weyher shall supply the information called for by

these discovery requests whether such information is directly
or indirectly within her possession, custody or control or
that of her attorneys, agents or representatives, including
but not limited to, information she, her attorneys, agents or
representatives have the legal right to obtain, and including
knowledge of persons consulted concerning any factual matters
or matters of opinion relating to any of the facts or issues
involved in this action.

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5. These discovery requests are deemed to be continuing and,
if further information with respect thereto comes to the
attention of Barbara B. Weyher, her attorneys, agents or
representatives between the date of service hereof and the
date of the trial, then Barbara B. Weyher’s answers to
these discovery requests must immediately be amended
accordingly.

6. Objections Based on Privilege - In the event that any

documents, information or thing requested herein are
withheld under a claim of privilege, please provide the
following information with respect to each such document
or thing:

(1) The type of document, information or thing, it’s

specific subject matter and the place and approximate
date it was learned, prepared or created;

(2) The name and title of each person who prepared or

created the document or thing and the name and title
of each other person who has received or examined the
document or thing or a copy thereof;

(3) A statement of the circumstances which bear on whether

or not the claim of privilege is appropriate and whether
the privilege that is claimed should extend to all or
just to part of the document or thing; and

(4) All objections will be strongly challenged and therefore

all documents requested that are the subject of an
objection based on privilege must be provided for “in
camera” review by the presiding judge.

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 DEFINITIONS

In connection with these discovery request, the

definitions set forth below govern the scope of the answers
required:

1) The term “document” means the original and all drafts

of any kind of written or graphic matter, however produced or
reproduced, of any kind or description whether sent to or
received or neither, and all copies thereof whether or not
different in any way from the original and including, without
limitation, any paper, book, account, photograph, agreement,
contract, memorandum, advertising material, letter, telegram,
object, report, record, transcript, study, notation, working
paper, intra office or interoffice communication, charts,
minutes, index sheet, computer software, check, check stub,
delivery ticket, bill of sale, invoice, recording of telephone
or other conversations, or of interviews, conferences or any
written, recorded, transcribed, punched, taped, filmed or
other graphic matter or data compilations, however produced or
reproduced, to which you have or have had access or which you
have knowledge.

2) The term “communication” means any oral statement,

dialogue, colloquy, discussion, conversation or agreement, and
also means any transfer of thoughts or ideas between persons
by means of documents and includes any transfer of data from
one location to another by electronic or similar means.

3) “YOU” or “YOUR” means Barbara B. Weyher, her agents,

attorneys and all other persons acting or purporting to act on
her behalf.

4) “Kenneth Johnson”, “Plaintiff Johnson”, Plaintiff or

“Licensee” shall mean the Plaintiff, Kenneth Johnson, his
agents, and all other persons acting or purporting to on his
behalf.

5) The words “and” and “or” are both conjunctive and

disjunctive.

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6) “Person” shall mean natural persons, all corporate
organizations, all private or governmental organizations, all
other entities and the representatives of each natural person,
attorney organization or entity.

7) “Address” shall mean the street number, street, city

and state of subject person, business or entity.

8) “Identify” or “identification” shall mean:

a) when used with reference to a natural person,

shall mean to state

(i) his or her full name;

(ii) his or her present address or if that is

not know, last known address.

(iii) his or her responsible party, if a resident or

patient

b) When used with reference to any person other than a

natural person means:

(i) to state its full name, address of its

principal place of business and its state of incorporation or
of the filing of its organizational certificates; and

(ii) to describe the primary business in which

such entity is engaged.

c) When used with reference to a document, means to state:

(i) the date, type (e.g., letter,

memorandum), author, addressee(s), and recipient(s), title and
file and/or identifying markings thereof;

(ii) the substance thereof;

(iii) the identity of the person in charge of

storing and/or maintaining the document; and

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(iv) the identity of each document or
communication in which such document was recorded, described
or otherwise referred to, in whole or in part, or which refers
to or relates to the document in any way.

d) When used with reference to a communication, means

to state:

(i) the substance of and statements made in the

communication;

(ii) the identity of the persons or among whom

the communication took place and all persons at the time of the
communication or who know of its substance;

(iii) the date and time when the communication

took place and the manner in which the communication occurred
(e.g., meeting, telephone conversation); and

(iv) the identity of each document or

communication in which such communication was recorded,
described or otherwise referred to, in whole or in part, or
which refers to or relates to the communication in any way.

e) When used with reference to an occurrence, act,

transaction or manner of performing something, means to state:

(i) the description of the occurrence, act,

transaction or manner of performing something;

(ii) the date or dates, time or times and

location or locations where the occurrence, act, transaction or
manner of performing something occurred; and

(iii) the identity of each document or

communication in which such occurrence, act, transaction or
manner of performing something was recorded, described or
otherwise referred to, in whole or in part, or which refers to

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or relates to the occurrence, act, transaction or manner of
performing something in any way.

INTERROGATORIES

INTERROGARTORY NO. 1: Please state your full name, home

address (and all addresses for the last five (5) years,
social security number, date of birth, marital status,
partnership and professional positions (and all
professional positions for the last five (5) years.

ANSWER:

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INTERROGARTORY NO. 2: Identify, with specificity, the
date and manner in which you learned and what action(s)
you took as to notification that the Plaintiff had filed
a State Bar Complaint against two attorneys (Partrick and
Hurley) in your law firm.

ANSWER:

INTERROGARTORY NO. 3: Identify, with specificity, all

personal and professional associations with members of
the North Carolina Judiciary (Judges), past and present.

ANSWER:

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INTERROGARTORY NO. 4: Identify, with specificity, all
litigation between any pro se litigant and you (and/or
your law firm) that went (past the pre-trial stage) to
trial.

ANSWER:

INTERROGARTORY NO. 5: Identify, with specificity, who

used your electronic signature on the letters to the
Plaintiff that dismissed the grievances against Partrick
and Hurley.

ANSWER:

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INTERROGARTORY NO. 6: Identify, with specificity, what
actions you undertook to identify and place a
“litigation hold” on all relevant information pending
litigation discovery?

ANSWER:

INTERROGARTORY NO. 7: Identify, with specificity, all

persons with knowledge of any facts surrounding the
issues associated with this litigation.

ANSWER:

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INTERROGARTORY NO. 8: Identify, with specificity, when
and what actions you undertook when you learned that
your attorneys, without the oversight of the District
Attorney or the Attorney General, criminally prosecuting
the Plaintiff.

ANSWER:

INTERROGARTORY NO. 9: Identify, with specificity, when

and what actions you undertook when you learned that
personal medical information of Residents at The Laurels
of Forest Glenn had been included multiple times in
court and state agency filings by your attorneys without
any attempt to redact the information [MAKING THE
INFORMATION PUBLIC RECORD].

ANSWER:

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INTERROGARTORY NO. 10: Identify, with specificity, when
and what actions you undertook when you learned that
your attorneys were seeking civil contempt charges
against the Plaintiff for publishing public records.

ANSWER:

INTERROGARTORY NO. 11: Explain why no corporate officer

of Defendant OAK HEALTH CARE INVESTORS OF NORTH
CAROLINA, INC., A NORTH CAROLINA CORPORATION or LAUREL
HEALTH CARE COMPANY, as the purported “aggrieved person”
provided an affidavit, as required by law, to initiate
either the criminal or civil prosecutions of the
Plaintiff.

ANSWER:

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INTERROGARTORY NO. 12: Identify, with specificity, what
actions you undertook to investigate the character and
history of Robert Dustin Bryant.

ANSWER:

INTERROGARTORY NO. 13: Identify, what supervisory

oversight you exercised over Defendants Partrick and
West in regards to the prosecution of the Plaintiff.

ANSWER:

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INTERROGARTORY NO. 14: Identify, with specificity, what
actions you undertook to investigate the theft of
exculpatory evidence and the tampering with witnesses
charges surrounding Monroe Jackson “Jack” Nichols.

ANSWER:

INTERROGARTORY NO. 15: Why did you file multiple

pleadings unredacted and not under seal if you were
concerned about the information becoming public?

ANSWER:

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INTERROGARTORY NO. 16: Identify, with specificity, what
other persons have been criminally prosecuted by
attorneys of your law firm for publishing information
contained in public records.

ANSWER:

INTERROGARTORY NO. 17: Identify, with specificity, what

evidence you received that lead you to believe that
Defendants OAK HEALTH CARE INVESTORS OF NORTH CAROLINA,
INC., A NORTH CAROLINA CORPORATION d/b/a The Laurels of
Forest Glenn had employees covered by peer-review
protections.

ANSWER:

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INTERROGARTORY NO. 18: Identify, with specificity, all
persons that you represented in motion to quash
proceedings since March of 2005, who were not required
to personally pay an attorney fee [to include if you
approached them or they approached you].

ANSWER:

INTERROGARTORY NO. 19: Describe, with specificity, the

amount paid in legal fees to Defendants Yates, McLamb
and Weyher, LLP since March of 2005.

ANSWER:

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INTERROGARTORY NO. 20: Describe each action taken, the
nature, contents and subject matter of each discussion
or conversation held, and the time, place and the date
of each such action or conversation; and identify all
documents relevant, related to or reflecting said
involvement of each such person concerning the civil and
criminal prosecution of the Plaintiff.

ANSWER:

INTERROGARTORY NO. 21: To the extent not previously

done, identify all documents relevant, related to, or
reflecting any aspect of any efforts undertaken by you
to collect any information concerning the prosecution of
the Plaintiff.

ANSWER:

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INTERROGARTORY NO. 22: Identify all documents that the
Defendants collectively intend to rely upon as a defense
to the charges in the complaint.

ANSWER:

INTERROGARTORY NO. 23: While the Motion For Civil Contempt was
pending [Fall 2009] before the court and you received the copy
of Kenneth C. Johnson’s North Carolina Board of Nursing file
pursuant to a public records request, why did you or your
attorneys fail to inform the court that the exculpatory
evidence proved conclusively that the information that was the
basis of the pending motion was public record?

ANSWER:

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INTERROGARTORY NO. 24: Describe your procedure and
policy with respect to the maintenance, preservation,
and destruction of documents, stating in your Answer
whether any documents or things relating to any
information requested in these interrogatories, or
related in any way to this lawsuit, have ever been
destroyed or are no longer in your custody. For each
such document, please identify the document, how, when
and why each document was destroyed or otherwise left
your control, the identity of any person who
participated in any way in the destruction and/or action
for destroying the document or to transfer it out of
your control or custody; and if the document still
exists, identify the person now having control or
custody of the document.

ANSWER:

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 INTERROGARTORY NO. 25: Did you or any attorney from your law
firm advise the subpoenaed witnesses involved in this ongoing
litigation, that they did not have to retain you as counsel,
that they could cooperate with the subpoenas, and/or advise
them that no retaliation would result against them for their
testimony in either the administrative or civil cases?

REQUEST FOR ADMISSIONS

1) Admit that you expressly authorized and ratified Defendant

Yates, Mclamb & Weyher, LLP to prosecute the Plaintiff for
criminal contempt.

2) Admit that you expressly authorized and ratified Defendant

Yates, Mclamb & Weyher, LLP to pursue civil contempt
charges against the Plaintiff for publishing public
records.

3) Admit that you never specifically charged your client

$1,270 for a Motion to Strike summons.

4) Admit that all information contained in court documents

and state agency files are public records.

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5) Admit that all of the published information that was the
basis for your prosecution of the Plaintiff was then and
remains public records.

6) Admit that you have not taken any steps to compel the
courts or any state agency to remove, redact or seal any
public record information that was the basis for your
prosecution of the Plaintiff.

7) Admit that you became aware that Monroe Jackson Nichols

removed a compact disc containing exculpatory evidence
from the courthouse file and misrepresented another
compact disc as the one he had removed.

8) Admit that you authorized the same attorneys involved in

the civil litigation of Plaintiff to act as prosecutors in
the criminal prosecution of the Plaintiff.

9) Admit that you received written notice from the Plaintiff

that your prosecution of the Plaintiff was in violation of
his due process rights under the North Carolina and United
States Constitutions.

10) Admit that you moved to quash a subpoena of Wanda Seymour

to prevent her testimony at a hearing, on the grounds that
she was a shift worker, although the subpoena notified her
of the hearing weeks before was to attend the hearing.

11) Admit that you moved to quash subpoenas of Wanda Seymour

and other employees by stating that they were represented
by Defendant Yates, Mclamb & Weyher, LLP although none of
those employee witnesses paid to retain counsel.

12) Admit that you, by and through your attorneys moved to

quash subpoenas of Wanda Seymour and others employees by
stating that they had information protected by peer review
statutes, but none of the witnesses actually were members
of a peer review committee.

13) Admit that there was no peer review committee at the

Laurels of Forest Glenn from January of 2005 through
March of 2005.

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 14) Admit that no patient-identifiable information was
included in the published posts that were the basis of
your criminal and civil prosecutions of the Plaintiff.

15) Admit that none of the information included in the

published posts that were the basis of your criminal and
civil prosecutions of the Plaintiff contained false
statements.

16) Admit that you authorized Defendants West and Partrick to

prosecute the Plaintiff without seeking or obtaining an
order of the court or supervision of the District
Attorney.

17) Admit that you did not consult with the District Attorney
for supervision before or during your criminal prosecution
of the Plaintiff.

18) Admit that you did not seek or obtain an order from the
Court, giving you or your attorneys the authorization to
proceed as criminal prosecutors.

19) Admit that you would not have proceeded with a criminal
prosecution of the Plaintiff, without a court order that
authorized your attorneys to act as prosecutors and
without the required oversight of the District Attorney,
had the Plaintiff not been African American, pro se and
indigent.

REQUEST FOR PRODUCTION OF DOCUMENTS

1. Produce all documents identified in, or used in the

preparation of, your responses to these First Set of
Interrogatories with specific production of the following:

a) All investigative reports.

b) All documents notifying residents and/or their

responsible party of the issues concerning their personal
information.

c) Detailed attorney fees paid to Defendant Yates,

Mclamb & Weyher from March 2005 until present.

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d) Cancelled check or other verified document showing
the $1,270 payment [mentioned in the complaint] from the client to
Defendant Yates, Mclamb & Weyher.

e) All pleadings and other papers that you, through your

attorneys, filed unredacted with the court or any state agency that
includes information that was the subject of the criminal and civil
prosecution of the plaintiff.

f) Your Income Tax Returns for years 2005 until the

present.

g) All documents showing the members of any peer review

committee at The Laurels of Forest Glenn, relevant to this
litigation. [Can be reviewed in-camera by the court]

h) All other documents relevant to this litigation.

This the 10th day of February 2010.

____________________________

Kenneth C. Johnson
3105 Manchester Court
Jamestown, North Carolina
27282
(919) 341-7382

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing Interrogatories, Request

for Admissions & Production of Documents and any attachments
thereto have been served on the Attorney of record for the
Defendant, as listed below by depositing the same in a postpaid,
properly addressed wrapper in a post office or other official
depository under the exclusive care and custody of the United
States Postal Service or by other method of delivery as authorized
by the North Carolina Rules of Civil Procedure

This the ___10th___ day of February 2010.

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 X United States Mail:

________ Fax:

________ Email:

Walter E. Brock, Jr.

Young, Moore & Henderson, P.A.
Post Office Box 31627
Raleigh, N.C. 27622
Attorney For Defendant
Barbara B. Weyher

______________________________

Kenneth C. Johnson
3105 Manchester Court
Jamestown, North Carolina
27282
(919) 341-7382

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