Laddles Discovery Answers (James Island)

STATE OF SOUTH CAROLINA )
) IN THE COURT OF COMMON PLEAS

COUNTY OF CHARLESTON )
) CASE NO.: 2018-CP-10-00785
CRAIG CHAPPELL, on behalf of himself )
and other similarly situated, )
)
Plaintiff(s), )
v. )
)
Ladles Soup – James Island LLC; ) Defendant’s Answers to Plaintiff’s
Ladlessoups, LLC; Ladles Soup At Cane ) First Set of Interrogatories and Request
Bay LLC; Ladles Soups at Citadel Mall ) to Produce
LLP; Ladles Soups Calhoun LLC; Ladles )
Soups Cane Bay LLC; Ladles Soups )
Coosaw LLC; Ladles Soups Downtown )
Charleston, LLC; Ladlessoups Fresh Fields, )
LLC; Ladles Soups @ Freshfields Village, )
LLC, Ladlessoups Mainstreet, LLC; Ladles )
Soups Moncks Corner LLC; Ladlessoups )
Mount Pleasant, LLC; Ladles Franchise )
Development, LLC; Ladles Franchising Inc; )
Ladles Fort Mill, LLC; Ladles Knightsville )
LLC; Ladles West Ashley; Teri Owens; Sue )
Allen, Tracy Allen, Steve Traeger, Erik )
Dyke, Julie Dyke, Stan Sutton, Carol Sutton, )
Jack Dalter, Kellie Henderson; Jane Doe 1- )
25 (Unknown Operating Company and )
Management Company Owners); John Doe )
25-40 (Management Personnel), )
)
Defendants. )
____________________________________ )
FOR THE NINTH JUDICIAL CIRCUIT
1
TO: Ben Le Clercq and Scott Riddel, Attorneys for Plaintiff
Pursuant to Rule 33 of the South Carolina Rules of Civil Procedure, the Defendant, Ladles Soups- James
Island LLC, by and through their attorney, Paul B. Ferrara, III, provides the following responses to
Plaintiff's First Set of Interrogatories and Request to Produce to the Defendant:
General Objections
1. Defendant objects to each Interrogatory to the extent that it is inconsistent with or

enlarges upon the South Carolina Rules of Civil Procedure.
2. Defendant objects to each Interrogatory to the extent that it seeks the production of
documents, things or other tangible evidence protected by the attorney-client privilege,
the work product doctrine, or any other applicable privilege doctrine. Defendant further
objects to each Interrogatory inasmuch as it seeks to discover information, documents,
opinions or other tangible evidence that was prepared in anticipation of litigation.
3. Defendant objects to each Interrogatory to the extent that it requests information,
documents, things or other tangible evidence in the possession of persons or entities that
are not under Defendant’s control.
4. Defendant objects to each Interrogatory to the extent it seeks information already
available to or equally available to Plaintiff.
5. Defendant objects to these Interrogatories as being overly broad, unduly burdensome and
not reasonably calculated to lead to the discovery of admissible evidence.
6. Defendant reserves the right to supplement or amend these answers at any time during the
course of discovery.
Without waiving any of the above general objections or specific objections made below, Plaintiff answers
Defendant’s First Set of Interrogatories as follows:
Defendant’s Responses to Plaintiff's First Set of Interrogatories
1. Give the names and addresses of persons known to the parties or counsel to be
witnesses concerning the facts of the case and indicate whether or not written or recorded
statements have been taken from the witnesses and indicate who has possession of such statements.
Answer: Craig Chappell, 775 Sterling Drive, Apartment A, James Island, South Carolina. A deposition of
Mr. Chappell has been taken and it is in the Defendant’s possession and in the Plaintiff’s possession.
2. Does Respondent have liability insurance, or is there any other form of indemnity
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or bond, through which Respondent is or might be insured in any manner for the damages, claims, or
actions that are the subject of the pleadings? If so, please provide the following information for each
policy:
a. The kind of insurance, indemnity or bond;
b. The name of the company or companies, including any excess or umbrella
carriers, which you claim provide coverage;
c. The policy number or policies numbers of any applicable policy;
d. The limit or limits of liability of each policy.
e. The named insured of each policy.
f. Whether the insurance carrier has accepted or denied coverage.
g. Whether you are being defended by the insurance carrier under a reservation or
rights.
Answer: Defendant does not have liability insurance.
3. For each person known to the parties or counsel to be a witness concerning the facts
of the case, set forth either a summary sufficient to inform the other party of the important facts known to
or observed by such witness, or provide a copy of any written or recorded statements taken from such
witnesses.
Answer: Teri Owens. Teri is expected to testify to the circumstances surrounding the Plaintiffs hiring and
firing.
4. Identify each and every person who aided in answering these Interrogatories or the
request for production of documents issued here with.
Answer: No person aided in answering these interrogatories or the request for production of documents.
5. State all facts upon which you rely in support of each and every defense to
Plaintiffs’ Complaint in this matter.
Answer: Craig Chappell was a paid hourly employee. On April 30, 2016 Craig Chappell was terminated
from Ladles Soups James Island for failing to show up to work with the appropriate attire. He was fully
paid all wages owed to him.
6. State the factual basis as you understand it to each factual allegation in Plaintiffs’
Complaint in this matter.
Answer: Defendants believe there is no factual legal basis for the allegations in Plaintiffs complaint.
Defendants crave reference to Plaintiffs deposition dated May 14, 2019.
7. Set forth a list of photographs, plats, sketches, or other prepared documents in your
possession that relate to a claim or defense in this case.
2
Answer: There are no photographs, plats, sketches, or other prepared documents in our
possession that relate to a claim or defense in this case.
8. In connection with each expert witness whom Respondent proposes to use as a

witness at the trial of this case, please list the following:
a. the expert’s name, address, in field of expertise;

b. detailed summary of the expert’s opinions regarding this case and the basis for
them;
c. summary of the expert’s knowledge, skill, experience, training, or education as
it applies to the specific field of expertise alleged in this case;
d. description of the claims and lawsuits in which the expert has given opinions,
including the names and addresses of the parties and their attorneys, and the
location of any depositions and recorded statements the expert has given in
cases other than this one;
e. the percentage of expert’s practice devoted to consulting work in legal claims,
the percentage attributable to the claimant/plaintiff as opposed to the defendant,
and the amount of income derived from such consulting in the last 2 years;
f. the specifics of any publication in speaking engagements given by the expert
on matters relating to the expert’s profession; and
g. the names of publications considered by the expert to be learned treatises as
described in the Federal or South Carolina rule of evidence 803(18).
Answer: There is no expert witness.
9. If Respondent or any other party with whom Respondent is familiar is improperly

identified, give the proper identification and state whether counsel will accept service of an
amended summons and/or pleading reflecting the correct information.
Answer: Defendant has not been improperly identified.
10. If Respondent is a legal entity, describe the type of entity, list all members and/or
shareholders, directors, officers, and describe its constitutive documents. Describe which specific
individuals at Respondent worked on or participated in the issues and facts described in this action? Give
their names, contact details, and email addresses.
Answer: Defendant objects to this interrogatory to the extent it is unduly burdensome.
11. If Respondent is not a legal entity, give the names and contact details for all
individuals with whom Respondent worked or with whom Respondent was affiliated arising from or
related to this matter.
3
Answer: Defendant objects to this interrogatory to the extent it is vague, ambiguous, overly broad,
unduly burdensome, and/or seeks information or documents that are neither relevant nor reasonably
calculated to lead to the discovery of admissible evidence.
12. Describe and give the current location of all electronic equipment, including
computers, handheld devices, mobile telephones, pagers, and/or PDAs that each person identified in the
previous two Interrogatories has used. For each device, specify which people used it and for which
subpart from the previous Interrogatory each person used it.
13. What does Respondent allege are the most important communications and meetings
in this matter?
Answer: Defendant objects to this interrogatory because the information sought is not relevant.
14. Does Respondent contend there is an oral contract? If so, please state what
Respondent believes to be the terms and provisions of all such oral contract(s) in detail and state the
name, address and contact information of all persons you believe have knowledge or information relating
to the terms or provisions of the oral contract(s).
Answer: Defendant does not contend that there is an oral contract.
15. Identify any and all social media sites of which Respondent is/was a member or in
which Respondent participated/subscribed from January 1st, 2015 to the day of trial. Please state whether
you have a Facebook, LinkedIn, Twitter, or other social media page or site, and if so, please provide the
login information and password necessary to access such site or page.
16. List and describe each and every document, drawing, map, diagram, model or other
documentary material or tangible object that you intend to rely on to support your allegations/
defenses in this action, regardless of whether you intend to offer the same into evidence or merely use as
a demonstrative aid at the trial of this action.
4
17. State whether you have been a party to a civil lawsuit. If so, for each lawsuit, please
provide the following information:
a. How were you named in the lawsuit (e.g. plaintiff, defendant, intervenor, etc.)?
b. What was the nature of each claim and defense?
c. The date, location, and title of the court in which the action was commenced.
d. The names of all the parties other than yourself involved in the action.
Answer: Defendant contends that this information is available via a public index and therefore the
Plaintiff is able to retrieve such information on its own.
18. Please identify and describe every charge, administrative proceeding, arbitration
and/or other legal proceeding brought against Respondent, and please identify the person making said
allegations.
Answer: Defendant objects to this Interrogatory because it is unduly burdensome.
19. State your gross income for the years January 1, 2014 through the current date. Do
you regularly produce profit and loss statements, balance sheets and income statements?
Answer: Defendant objects to this interrogatory because the information sought is not relevant.
20. State the name and contact details of your tax preparer, accountant, and bookkeeper.
Answer: Premier Tax Advisory LLC. Steven J. Budrick. 2150 highway 35, Suite 250, Sea Girt, NJ
08750. Phone Number: 732-359-0250.
21. For each defendant that is a limited liability company, please state:
a. The name listed in the current articles of organization;
b. All of the names used by the company during the past 10 years and the dates each
was used;
c. The name and address of each member;
d. The name and address of each manager;
e. The date and place of formation;
f. The address of the principal place of business; and
g. The states in which it is registered to do business.
22. Set forth for each and every Defendant, individually, any and all real and personal
property owned, whether individually, collectively, or otherwise owned including with other third parties,
including but not limited to the following:
5
a. all financial accounts, including bank, checking, savings, money market,
investment, and/or securities accounts currently held by or for your benefit, and
state current balances, location of the accounts, and name on accounts;
b. any and all certificates of deposit, stock certificates in any publicly held or
closely held corporation, as well as any bonds owned by each and every
Defendant, membership interest in any and all limited liability companies,
partnership interest in any and all partnerships, and any and all interest in any
other form of business entity, including joint ventures, whether domestic or
offshore, detailing without limitation and with particularity percentages of
ownership, amount of revenue generated for each entity, etc.
c. any and all titles to vehicles, mobile homes, or watercraft owned by each and
every Defendant, detailing a description of each item including year, model,
serial number, vehicle identification number, present value and the amount of
any lien thereon;
d. any and all deeds, mortgages, notes, contracts of sale, and settlement or closing
statements relating to any real estate transactions involving each and every
Defendant;
e. any and all real property, including without limitation (county, state,
jurisdiction), whether domestic or offshore for each and every Defendant;
f. any and all life insurance policies owned by each and every Defendant, along
with any information pertaining to any loans outstanding on any such policies;
g. any and all items of jewelry or art owned by each and every Defendant,
including a description of each item and its most recent appraised valuation;
h. any and all leases of realty or personalty in favor of each and every Defendant;
i. any and all books, records, documents, or writings concerning the financial
status of Defendants not herein before specified, including any and all interest
in any form of trust; and
j. any and all tax receipts, tax returns or supplemental forms, and any and all
other documents, forms or letters filed with United States Internal Revenue
Service, and any other state tax authority within the last 5 years.
23. State the name and location of each and every Ladles’ franchisee, and name the
owners of that franchise.
Answer: Defendant is not completely aware of all franchisees. Defendant refers Plaintiff to Ladles Soups
Franchising.__
24. What is the bank and account number for the account used to pay employees?
6
Answer: Defendant objects to this Interrogatory because it is seeking information that is neither relevant
nor reasonably calculated to lead to the discovery of admissible evidence.
25. Do you use a third-party payroll processing service? Describe all documents
received from them since January 1, 2015.
26. State the name, telephone number, including mobile phone number, email address,
and street address for every employee of Respondent since January 1, 2015, and list whether they still
work with Respondent, and if not, why they left.
27. How did Respondent come to be a Ladles Franchisee? Name and describe the
Franchisor of Ladles (“Franchisor”), and describe Respondent’s relationship with any such
Franchisor, and the nature of the documents establishing such franchise relationship. Describe all
communications, written or oral with such franchisor since January 1, 2015.
28. Since January 1, 2015, state each and every employee, member, and/or officer of
Respondent that has had any responsibility for: i) payroll; ii) signing or disbursing paychecks
and/or wages; iii) handling tips/tip policy; iv) accounting and credit card receipts; v)
bookkeeping/accounting; vi) hiring and firing employees
29. Does Respondent have an employee handbook?
Answer: Yes, Respondent has an employee handbook.
30. Since January 1, 2015, describe all payroll and salary documents provided to
employees and or independent contractors, including W-2s and 1099s.
7
31. Who decided on behalf of Respondent that Respondent would retain credit card
tips rather than pay them to employees? Did any other Defendant, or employee/agent/officer of another
Defendant, share in the responsibility for that decision, agree with or suggest, counsel, or otherwise state
that Respondents should retain credit card tips rather than pay them to employees?
Answer: Each owner/operator makes his/her own decision regarding credit card tips. Defendant is
unaware of any policy regarding disbursement of credit card tips.
32. When and how did Respondent decide that the credit card tip policy described in
the prior paragraph would be Respondent’s policy?
Answer: See the answer above.
33. Describe each and every written and oral communication with any person,
including employees, officers, agents, or individuals affiliated with other franchisees or franchisor, or
otherwise arising from or related to Respondent’s policy of retaining credit card tips. In particular,
describe any and all emails relating to such policy.
34. Describe any and all meetings with any other franchisees, their agents, members,
officers or employees, and/or with Franchisor its agents, members, officers or employees,
discussing or describing Respondent or other Franchisee or Franchisor policy relating to tips.
35. What has been Respondent’s policy as to cash tips since January 1, 2015? Has that
policy ever changed?
Answer: Cash tips in the tip jar were disbursed as bonuses to employees who worked the shift in which
cash tips were paid.
36. Who fired Craig Chappell? Why was he fired?
8
Answer: Teri Owens fired Craig Chappell. Teri Owens fired Craig Chappell for cause by Teri Owens. (?)
37. Describe Respondent’s accounting software.
Answer: Defendant objects to this interrogatory because it is requesting information that is not relevant.
38. Describe Respondent’s management structure for employee operations. Describe

the types of employees and their functions in Respondent’s operations.
Answer: There is a general manager, a store supervisor, a cashier, and a cook. (?)
39. Describe any and all written communications were notices with Respondent’s
customers and clients notifying them as to any tip policy of Respondent, and in particular,
Respondent’s policy of retaining credit card tips rather than paying them to employees.
Answer: There are written policies; however Craig Chappell was specifically made aware that he would
not be entitled to credit card tips in the form of wages.
40. Have any employees complained or raised concerns about Respondent’s tipping
policies? Describe each and every such complaint or discussion, and whether the same is
documented in any written communications.
REQUESTS FOR PRODUCTION
1. All documents identified, described, referenced, or referred to in your responses to

our First Interrogatories or to our First Requests for Production.
2. Any and all written communications, correspondence, memoranda, documents, and

things relating to, supporting, refuting, or involving any of the facts and claims alleged in
Plaintiff’s Complaint and/or any answer by a Defendant.
3. Any and all written communications and/or documents relating to or involving the
Plaintiff and/or any Defendant.
9
4. All statements given by respondent or any witness identified by Respondent or
other witness to the facts relevant to this case that are in the possession of Respondent or his
counsel, whether written or recorded, that relate in any way to the allegations of the complaint in this
matter, or an answer by any Defendant.
5. Any and all written communications, documents, and things relating to,
supporting, refuting, or involving any of the averments and defenses set forth in any pleading you have
submitted in this matter.
6. Copies of all documents produced by third parties pursuant to subpoenas issued in

this case or any request made pursuant to the Freedom of Information Act or other request by
Respondent or Respondent’s counsel.
7. Any and all documents identified in response to Interrogatory number 8, relating to

expert witnesses.
8. All e-mails, faxes, letters, text messages and other written communication between
each and every Defendant and each and every Plaintiff.
9. If Respondent is a legal entity, produce all internal communications relating to this

matter, including without limitation all e-mails, faxes, letters, text messages and other written
communications between and among Respondent’s employees, officers, directors, agents and counsel.
10. Provide for inspection all computers, electronic devices, and telephones containing
relevant production, ESI, or electronic data, including those described in response to Interrogatory
Number 12.
11. Produce a complete, itemized accounting and financial summary of all amounts
paid and/or owed to you by any other party to this action for the period January 1, 2015 to present.
12. All federal and state tax returns, income statements, balance sheets, and profit/loss
statements for Respondent during the last five years, up through and including the date of trial.
13. All Respondent’s bank statements from the last five years, up through and including
the date of trial.
Answer: Defendant objects to this request for production to the extent that it is unduly burdensome.
14. For any individual Respondent, produce any resume or curriculum vitae you have
created or used from the last five years, up to and including the date of trial.
10
15. Any and all documents evidencing or relating to postings, blogs, whether
statements on any Internet were social media site in which you discuss any matter or issue arising from or
relating to this action.
16. Produce each and every post, note, mention, story, document, or other item made
by Respondent during the last seven years, up through and including the date of trial, on any and all
membership–based Internet websites which relates to or in any way references any party or witness to this
action, or any issue or claim in this matter, and/or the allegations set forth in the complaint or any answer
filed in this matter. For purposes of this RFP, “membership–based Internet websites” shall include social
media websites (including but not limited to Myspace, Flickr, YouTube, Facebook, classmates, Bebo,
Deviant Art, LinkedIn, Meetup, Gather, My Yearbook, Friendster, Google Plus, or Web Shots), blogging
websites (including but not limited to Blogger, Live Journal, twitter, Windows Live Spaces, WordPress,
Blogspot, Vox, or Xanga), dating websites (including but not limited to Adult Friend Finder, Ok Cupid,
eHarmony, match, or Fubar), and any other personal websites for which Respondent has created, used, or
maintained a personal account, username, or profile at any time for the last seven years up to the present.
Answer: Defendant objects to this request for production to the extent that it is vague, ambiguous, overly
broad, unduly burdensome, and/or seeks information or documents that are neither relevant nor
reasonably calculated to lead to the discovery of admissible evidence.
17. Organization charts for all of Respondent’s businesses relating to this matter,
including the name, work address, and telephone number of all employees providing computer support
functions within any of the organizations.
18. All Respondent’s employee handbooks and other materials disseminating policies
and procedures to individual employees.
19. All Respondent’s hard copy or electronic calendars for the last five years, up
through and including the date of trial.
20. Lists of all employees since January 1st, 2015, up through and including the date of
Trial.
11
21. A description of your payroll process, whether you are doing it in-house or whether
you are using third-party vendor.
22. A copy of Respondent’s each and every profit and loss statement, income
statement, and balance sheet since January 1, 2015.
23. Any and all accounting, payroll, banking, or other records relating to salary
payments, tips, wages, employment tax records, since January 1, 2015.
24. All W-2s, 1099s, and other employee and/or independent contractor records since
Respondent’s creation.
Answer: Answer: Defendant objects to this request for production to the extent that it is unduly
burdensome.
25. A copy of each and every piece of written communication, email, text, fax, letter,
or otherwise, arising from or relating to Respondent’s policy of retaining credit card tips rather
than pay them to employees. As described above, every RFP herein shall be deemed a continuing RFP
and Respondent must supplement his answers promptly, if and when he obtains relevant production in
addition to, or in any way inconsistent with, his initial production in accordance with the applicable Rules
of Civil Procedure.
26. A copy of each and every complaint or discussion or document described in

response to Interrogatory #30-40.
27. A copy of each and every complaint and/or administrative proceeding in which
Respondent has been involved.
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STATE OF SOUTH CAROLINA )

) IN THE COURT OF COMMON PLEAS

FOR THE NINTH JUDICIAL CIRCUIT

1. Defendant objects to each Interrogatory to the extent that it is inconsistent with or

Defendant’s Responses to Plaintiff's First Set of Interrogatories

Answer: Defendant does not have liability insurance.

8. In connection with each expert witness whom Respondent proposes to use as a

a. the expert’s name, address, in field of expertise;

Answer: There is no expert witness.

9. If Respondent or any other party with whom Respondent is familiar is improperly

Answer: Defendant has not been improperly identified.

Answer: Defendant objects to this interrogatory to the extent it is unduly burdensome.

Answer: Defendant does not contend that there is an oral contract.

Answer: Defendant objects to this interrogatory to the extent it is unduly burdensome.

Answer: Defendant objects to this Interrogatory because it is unduly burdensome.

Answer: Defendant objects to this Interrogatory because it is unduly burdensome.

Answer: Defendant objects to this interrogatory to the extent it is unduly burdensome.

Answer: Defendant objects to this interrogatory to the extent it is unduly burdensome.

Answer: Defendant objects to this Interrogatory because it is unduly burdensome.

29. Does Respondent have an employee handbook?

Answer: Yes, Respondent has an employee handbook.

Answer: See the answer above.

36. Who fired Craig Chappell? Why was he fired?

37. Describe Respondent’s accounting software.

38. Describe Respondent’s management structure for employee operations. Describe

REQUESTS FOR PRODUCTION

1. All documents identified, described, referenced, or referred to in your responses to

2. Any and all written communications, correspondence, memoranda, documents, and

6. Copies of all documents produced by third parties pursuant to subpoenas issued in

7. Any and all documents identified in response to Interrogatory number 8, relating to

9. If Respondent is a legal entity, produce all internal communications relating to this

26. A copy of each and every complaint or discussion or document described in

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