Floors Outlet, Statesboro, GA, Brian McDonald suing Alexander, Statesboro, Georgia
Magistrate Court
- July 12, 2022: Statement of Claim: Floors Outlet's lawsuit in Magistrate Court, July 12, 2022 signed by Brian McDonald
- August 9, 2022: Defendants' Answer: Customer's response in Magistrate Court, August 9, 2022
- Exhibit A: Contract between Edwin Alexander as customer and Brian McDonald as Contractor using name Floors Outlet
- Exhibit B: Cashed Check to Floors Outlet (access restricted)
- Exbibit C: Inspection Report, December 13, 2021, 204 Highland Rd.
- Exbibit D: Water shut off key pricing
- Exbibit E: Receipt showing purchase of water shut off key shortly after Floors Outlet damaged the washer hook ups
- Exbibit F: Hudson Plumbing Receipt for Repair of Damaged Washer Hookups
- Exbibit G: Business card of one of Floors Outlet's subcontractors (access restricted)
- Exbibit H: Email chain with Subject Line "Following up from Saturday, could you pass us the Floors Outlet license info?"
- Exbibit I: Email with subject line "Final Pay Request" and attachment scanned image0.jpeg
- Exbibit J: Email chain with subject line "Final Pay Request".
- Exbibit K: Email with the Bulloch County Superior Court.
- Exbibit L: Brian McDonald's business card.
- Exbibit M: Josh White's Floors Outlet business card.
- Exbibit N: Floors Outlet website screenshot showing Brian McDonald listed as owner.
- Exbibit O: Floors Outlet business license issued June 1, 2022. Prior to June 1, 2022, Floors Outlet did not have the required City of Statesboro business license and could not legally operate the storefront at 1267 Northside Drive East. However, this business license shows ownership close in time to when Floors Outlet damaged our house, and shows it is owned in partnership by Brian McDonald, Prince Preston, and Randy Childs.
- Exbibit P: Search results showing Floors Outlet did not carry the legally required workers compensation insurance on April 9, 2022 when it made the contract.
- Exbibit Q: Screenshot of search results showing that Mo Flo LLC did not have the legally required workers compensation on April 9, nor May 23-31, 2022.
- Exbibit R: Open records request to the City of Statesboro showing Floors Outlet did not have the required business license from Jan. 1, 2022 and May 31, 2022 to be able to legally operate the storefront at 1267 Northside Drive East.
- Exbibit S: Email chain to verify Floors Outlet's insurance. On June 15, 2022, the insurance agent, Sean Davis wrote, "Our insured denies any claimable event or liability and that they could be entering into legal proceedings against you ." Floors Outlet told the insurance company that we did not have any contract, in order to prevent us being able to verify insurance coverage. We requested this in the context of the contractor's right to repair to be able to know how much risk we would take if we followed the right to repair steps to allow us to sue Floors Outlet.
- Exbibit T: Screenshot of FAQ from Happy Floors tile website stating, "Happy Floors does not sell direct to the public. However, our products can be purchased at any of our nationwide dealers."
- Exbibit U: Photos of damage and unworkmanlike install.
- Exbibit W: Photo of tile box with instructions printed on the box.
- Exbibit X: U.S. Treasury page stating a penny is 1.52mm thick. 1/8 inch is 3.175mm, or just a little more than 2 pennies. 1/16 inch is 1.5875mm or just a little more than 1 penny. This helps to understand how much lippage 2 pennies shows.
- Exbibit Y: Search results associating Lamar Construction with 440 Matthews Rd.
- Exbibit Z: Happy Floors spec sheet for Eternity tile. It is a PEI 5 tile with an ADA rating and is a commercial grade tile.
- Exbibit AA: Quote from Dalton Direct Floors to correct and complete the install in a comparable tiles, a PEI 5 tile with an ADA rating.
- Exbibit AB: Quote for a hotel stay for a 2 week tile tear out and install.
- Exbibit AC: Quote to clean thinset off the brick porch with muratic acid. According to BB Masonry, this has an 80% chance of succeeding in repair damage Floors Outlet did by smearing and drizzling thinset on the porch.
- Exbibit AD: Quote to replace portions of brick porch which Floors Outlet drizzled and smeared thinset on.
- Exbibit AE: Quote for storage PODS to put furniture in during tear out and proper installation of tile.
- Exbibit AF: Text messages between Brian McDonald, Edwin Alexander, and Wilhelmina Randtke
Lien
State Court Filings
- September 2, 2022: Notice of Appearance R. Matthew Shoemaker for Mo Flo, LLC
- September 8, 2022: Motion for Joinder of Persons Needed for Just Adjudication and Motion to Correct the Party Names and Clarify Whether Brian McDonald has Already Appeared or Needs to Be Served
- September 26, 2022: Notice of Appearance Chris Gohagan for Mo Flo, LLC DBA Floors Outlet
- September 26, 2022: Refiling Of Defendants' Answer To Provide True And Correct Copies Of Exhibits Which The Magistrate Court Of Bulloch County Altered
- September 26, 2022: Sept 7, 2022 Certificate Of Service First Request For Production From Ambiguously Identified Clients Of Shoemaker
- September 26, 2022: Sept 13, 2022 Certificate Of Service First Request For Admissions From Ambiguously Identified Clients Of Shoemaker
- October 1, 2022: Motion To Recuse Judge Joseph Cushner On Grounds That His Wife Is An Attorney In The Same Firm As Opposing Counsel And On Grounds That His Wife Has A Current Ongoing Financial Relationship W Plaintiff
- Oct. 3, 2022: Subpoena Dueces Tecum SYNOVUS BANK (not posted because it has the account no.)
- Oct. 5, 2022: Plaintiff's Response Brief In Opposition To Defendants' Motion For Joinder To Add Parties
- Oct. 5, 2022: RULE 52 CERTIFICATE - Rule 5.2 Certificate - Plaintiff Mo Flo, LLC's Responses And Objections To Defendants' First Request For Production Of Documents
- Oct. 5, 2022: Plaintiff Mo Flo, LLC Dba Floors Outlet's Answer And Affirmative Defenses To Defendants' Counterclaims
- Oct. 14, 2022: RULE 52 CERTIFICATE - Rule 5.2 Certificate - Plaintiff Mo Flo, LLC's Responses And Objections To Defendants' First Request For Admission
- Oct. 20, 2022: Summons on Shannon Warren (Mo Flo, LLC Shoemaker sueing Shannon Warren) (this is the manual filing; see 2 lines below, same date, same name, for the electronic filing)
- Oct. 20, 2022: Plaintiff And Third-Party Plaintiff Mo Flo, LLC Dba Floors Outlet's Third-Party Complaint
- Oct. 20, 2022: MISCELLANEOUS - Summons (Mo Flo, LLC Shoemaker sueing Shannon Warren)
- Oct. 26, 2022: Certificate of Service Regarding Defendants' First Interrogatories to Client(s) of R. Matthew Shoemaker and Chris Gohagan
- Oct. 28, 2022: Rule 52 Certificate
- Nov. 15, 2022: Third Party Defendant's Answer and Counterclaim
- Nov. 21, 2022: 2022_11_02_NoticeOfEntryOfAppearanceOfAdditionalCounsel.pdf
- Nov. 21, 2022: 2022_11_21_PlaintiffsReqToPermitEntryUponDefLand
- Nov. 21, 2022: 2022_11_21_PlaitiffMoFloLLC1stContInterrogatoriesAndReqProd.pdf
- Nov. 21, 2022: 2022_11_21_MoFloLLCMotionForLeaveToFileAndServe3rdPartyComplaint.pdf
- Dec. 20, 2022: 2022_12_20_LeaveOfAbsenceMattShoemaker.pdf
- Dec. 21, 2022: 2022_12_21_DefObjToPlaitiffsEntryUponLand.pdf
- Jan. 19, 2023: 2023_01_19_PlaintiffsMotionToExtendDiscovery.pdf
- Jan. 19, 2023: 2023_01_19_Rule52_PlaintiffsNoticeOfDepositionsRandtkeAndWarren.pdf
- Jan. 24, 2023: 2023_01_24_Rule52_Plaintiffs1stContInterrogatoriesAndReqProdAndReqAdmissionsSTFloorCovering.pdf
- Jan. 27, 2023: 2023_01_27_OrderOfRecusal.pdf
- Jan. 27, 2023: 2023_01_27_AppointmentOfStateCtJudgeForAssistance.pdf
- Jan. 30, 2023: 2023_01_30_Rule52_PlaintiffsAmendedNoticeOfDepositionsRandtkeAndWarren.pdf
- Jan. 31, 2023: 2023_01_31_OrderExtendingDiscovery.pdf
- Feb. 13, 2023: 2023_02_13_Order.pdf
- Feb. 14, 2023: Sheriff Entry of Service Brian McDonald - Service Fees Paid
- Feb. 15, 2023: NEEDscreenshot
- Feb. 21, 2023: 2023_02_21_DefMotionSummaryJudgment.pdf
- Feb. 22, 2023: 2023_02_22_ReturnOfServiceSTFloorCovering.pdf
- Feb. 28, 2023: 2023_02_28_DefNoticeOfRecordingDepAndRegForErrataSheet.pdf
- March 22, 2023: 2023_03_22_PlaintiffsResponseInOppositionToSummaryJudgment.pdf
- March 22, 2023: 2023_03_22_PlaintiffsCertificateOfService.pdf
- March 31, 2023: Answer
- March 31, 2023: Verification
- May 3, 2023: Certificate of Service
- May 10, 2023: Rule 52 certificate - 5.2 certificate of service
- June 2, 2023: COPY OF MOTION GIVEN TO JUDGE CUSHNER (no file available)
- June 2, 2023: MOTIONS(S) - Motion to Compel Discovery From 3rd Party Defendant And Motion To Extend Discovery
- July 11, 2023: Plaintiff Brief ISO of Def Motion to Extend Discovery
State Court Discovery Responses