{UAH} First Set of Admissions

COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX SUPERIOR COURT

CIVIL ACTION NO.15-1246

Andrew Abe, et al
Petitioners

v.

BRIAN KWESIGA, et al,
Respondents       

PETITIONERS' FIRST SET OF ADMISSIONS

Andrew Abe et al., by their counsel, submit the following Requests for Admissions to Respondent Rebecca Namwase pursuant to MRCP Rule 36.

INSTRUCTIONS

If Rebecca Namwase (hereafter the "Respondent") fails to respond or object to any request within 30 days of the service of the Requests, the matter shall be deemed admitted under Rule 36.

As is more fully set out in Rule 36(a), the Respondent must admit or deny each request, and, where necessary, specify the parts of each request to which she objects or cannot in good faith admit or 2 deny. If the Respondent objects to only part of a Request, she must admit or deny the remainder of the Request. In the event that the Respondent objects to or denies any Request or portion of a Request, the Respondent must state the reasons for her objection or denial. These Requests shall be deemed continuing and supplemental answers shall be required if you directly or indirectly obtain further information after your initial response as provided by MRCP Rule 26. Each Request solicits all information obtainable by Respondent Rebecca Namwase from Respondent's attorneys, investigators, agents, employees and representatives. If you answer a Request on the basis that you lack sufficient information to respond, describe any and all efforts you made to inform yourself of the facts and circumstances necessary to answer or respond.  

 DEFINITIONS

1. The word "or" is used herein in its inclusive sense unless the context clearly requires otherwise.

2. The term "document" means and includes without limitation all correspondence, memoranda, certificates, notes, books, manuals, pamphlets, brochures, advertisements, books of account, balance sheets, financial statements, profit and loss statements, working papers, schedules, diaries, calendars, logs, time records, equipment records, microfilms, transcripts, recordings, tapes, telexes, telegrams, files, proposals, bids, offers, contracts, agreements, change orders, worksheets, drawings, blueprints, designs, specifications, time cards, compilations, graphs, charts, bills, statements, invoices, receipts, bills of lading, shipping records, confirmations, applications, purchase orders, checks, checkbooks and other checking records, photographs, formulae, prescriptions, studies, projections, reports, computer programs, information contained in computer banks, tapes, cards, printouts and drafts to the extent they differ from the originals, and all other records and papers of any nature whatsoever.

3. Any reference to a specifically named person, corporation or other entity and any reference generally to "person" shall include the employees, agents, representatives and other persons acting on behalf thereof or through whom the referenced person acts. The term "person" means and includes natural persons, corporations, partnerships, joint ventures, sole proprietorships, associations, trusts, estates, firms and any other entity.

4. As used herein, "Petitioners" means, unless otherwise indicated, Andrew Abe, et al.

5. As used herein, "Respondent" shall be deemed to mean Rebecca Namwase.  

6. As used herein, "Respondents", shall be deemed to include Uganda North American Association, Inc. ("UNAA"), Brian Kwesiga, Monday Atigo, Jude Sempungu, Aisha Ogwang, Timothy Gaburungyi, Rebecca Namwase and Irene Kasujja, as well as their agents, attorneys, representatives or any other person acting on their behalf or on behalf of any one of them.

First Set of Admissions, Request 1. Admit that for all time periods relevant to the Petition filed in this matter (from January 1, 2013 to September, 2015), UNAA was a Massachusetts corporation and a non profit corporation within the meaning of  Section 501(c) of the Internal Revenue Code.

First Set of Admissions, Request 2. Admit that Respondent was the Director of  Finance for UNAA as of November, 2013 until September, 2015.

First Set of Admissions, Request 3. Admit that as the Director of Finance for UNAA, on August 30, 2015, Respondent had access to UNAA records showing the number of members.

First Set of Admissions, Request 4. Admit that as of November 4, 2014, UNAA had less than one hundred and fifty (150) members.

First Set of Admissions, Request 5. Admit that as of March 26, 2015, UNAA had less than two hundred and fifty (250).

First Set of Admissions, Request 6. Admit that every UNAA member is required to pay a membership fee.

First Set of Admissions, Request 7. Admit that no UNAA member was exempted from paying a membership fee during the period when Respondent was the Director of Finance for UNAA.

First Set of Admissions, Request 8. Admit that Otto, Nantamu, Bakama, Buwembo, Kisembo, Musinguzi, Serwanga, Rutehenda, Kimbugwe, Bukenya, Kayoshe, Mureeba and Ogwang were members of UNAA in 2014.

First Set of Admissions, Request 9. Admit that Otto, Nantamu, Bakama, Buwembo, Kisembo, Musinguzi, Serwanga, Rutehenda, Kimbugwe, Bukenya, Kayoshe, Mureeba and Ogwang were eligible to vote at UNAA's elections in September, 2015.

First Set of Admissions, Request 10. Admit that Exhibit A, attached to these Requests for Admission, is a true and accurate copy of the list of members that the Respondents gave to the UNAA Election Commission in August and/or September, 2015.

First Set of Admissions, Request 11. Admit that Exhibit B, attached to these Requests for Admission, is a true and accurate copy of records of payments for UNAA membership fees as of August 30, 2014.

First Set of Admissions, Request 12. Admit that since August, 2013, UNAA has not held an annual meeting.

First Set of Admissions, Request 13. Admit that since August, 2013, UNAA has not held any general meeting.

First Set of Admissions, Request 14. Admit that in 2010, UNAA had about one thousand, three hundred and fifty nine (1,359) members.

First Set of Admissions, Request 15. Admit that the UNAA bylaws adopted in September, 2010 were voted for by about 123 members.

First Set of Admissions, Request 16. Admit that Petitioner Joseph Musoke paid for and attended the UNAA convention organised by the Respondents in Louisiana in September, 2015.

First Set of Admissions, Request 17. Admit that in 2014 and in 2015, Petitioner Joseph Musoke showed up at the room designated for the UNAA general meeting and signed the attendance sheet at both occasions.

First Set of Admissions, Request 18. Admit that in 2014 and 2015, Respondent Brian Kwesiga did not reside at 6817 SANDSHELL BLVD FORT WORTH, TX 76137 USA.

First Set of Admissions, Request 19. Admit that in 2014 and 2015, Respondent Monday Atigo did not reside at 1724 E NORTH DRIVE #2049 IRVING, TX 75062 USA.

First Set of Admissions, Request 20. Admit that the total number of UNAA members did not reach one thousand and three hundred (1,300) at anytime in 2014 or 2015.

Dated December 3, 2015         Respectfully Submitted,

  –––––––––––––––––––––

  Joseph Musoke*

 

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