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IN THE DISTRICT COURT OF MCINTOSH fe Y lz ln
STATE OF OKLAHOMA MAR 3] 2022
WILLIAM B. CAPERS, JR. and MISA RODERUSHE, Court Clerk
JENNIFER K. CAPERS, By McINTOSH COUNTY
——— Deputy
Plaintiffs,
Case No. CJ-2021-40
The Honorable Brendon Bridges
v.
KOSS CONSTRUCTION COMPANY and
CENTRAL PLAINS CEMENT COMPANY,
and ALLIANCE TRANSPORTATION,
I Oe
Defendants.
PLAINTIFF’S MOTION TO COMPEL AGAINST
THE DEFENDANT, CENTRAL PLAINS CEMENT.
The Plaintiff, William Capers, moves this Court, pursuant to 12 O.S. § 3237a, to compel
the Defendant, Central Plains Cement Company (“Central Plains”), to answer Plaintiff's
Interrogatories and respond to Plaintiff's Requests for Production of Documents, in the above case.
In support hereof, Plaintiff states:
1. Plaintiff served his First Set of Interrogatories and Requests for Production of
Documents on counsel for Central Plains on January 13, 2022. (Plaintiff's Written Discovery,
EXHIBIT 1).
2. Since that date, counsel for Central Plains has asked for multiple extensions of time
to respond, each request granted by Plaintiff's counsel. The most recent extension of time required
Answers and Responses due by March 21, 2022. Unfortunately, to date, no answers or responses
have been provided.
3. The written discovery in question is simple, standard, boilerplate written discovery
in a personal injury lawsuit like this. There is no legitimate reason why it has taken this long forCentral Plains to answer such simple written discovery. The written discovery must be answered
immediately.
WHEREFORE, as set forth above, the Plaintiff, William Capers, respectfully requests this
Court to order the Defendant, Central Plains, to respond to Plaintiff's written discovery, and to do
so immediately.
Gerard F. Pignato, A No. 11473
RYAN WHALEY
400 North Walnut Avenue
Oklahoma City, Oklahoma 73104
Telephone: 405-239-6040
Facsimile: 405-239-6766
Email: jerry@ryanwhaley.com
ATTORNEYS FOR PLAINTIFFSCERTIFICATE OF SERVICE
CENSUS IS
This is to certify that on March 29, 2022, a true and correct copy of the above and foregoing
instrument was forwarded to:
Monty B. Bottom, Esquire VIA EMAIL
Ashley M. Thul, Esquire
FOLIART, HUFF, OTTAWAY & BOTTOM
201 Robert S. Kerr Avenue, 12th Floor
Oklahoma City, Oklahoma 73102
Telephone: 405-232-4633
Facsimile: 405-232-3462
Email: montybottom@oklahomacounsel.com
ashleythul@oklahomacounsel.com
ATTORNEYS FOR DEFENDANT,
Koss CONSTRUCTION COMPANY
Christopher S. Norcross, Esquire VIA EMAIL
GORDON REES SCULLY MANSUKHANI, LLP
101 Park Avenue, Suite 1300
Oklahoma City, Oklahoma 73102
Telephone: 405-445-6280
Email: cnorcross@grsm.com
ATTORNEYS FOR DEFENDANT,
CENTRAL PLAINS CONSTRUCTION
COMPANY
FOR THE FIRMEXHIBIT 1IN THE DISTRICT COURT OF MCINTOSH COUNTY
STATE OF OKLAHOMA
WILLIAM B. CAPERS, JR., )
)
Plaintiff, )
)
Vv. ) Case No. CJ-2021-00040
) The Honorable Brendon Bridges
KOSS CONSTRUCTION COMPANY and )
CENTRAL PLAINS CEMENT COMPANY, )
and ALLIANCE TRANSPORTATION, )
)
Defendants. )
PLAINTIFF, WILLIAM B. CAPERS, JR.’S, FIRST SET OF INTERROGATORIES
AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT,
CENTRAL PLAINS CEMENT COMPANY
CENTRAL PLAINS CEMENT COM“
Pursuant to 12 O.S. §§ 3226, 3233, and 3234, Plaintiff, William B. Capers, Jr., (“Plaintiff”),
serves the following Interrogatories and Requests for Production of Documents, and requests that
Defendant, Central Plains Cement Company (“Central Plains”), answer the Interrogatories and
Requests for Production separately, fully, under oath and in writing, and produce for inspection
and copying all requested Documents in Defendant’s possession or control, all within thirty (30)
days from the date of service hereof and in accordance with the Instructions and Definitions set
out below.
DEFINITIONS
‘As used herein, the following terms have the meanings set forth below and require in
certain instances that You set forth specified information:
A. Wherever a noun appears, it shall be construed either to be singular or plural in
order to bring within the scope of these discovery requests any information which may otherwise
be construed to be outside their scope.B. "And" as well as "or" shall be construed either disjunctively or conjunctively in
order to bring within the scope of these discovery requests any information which might otherwise
be construed to be outside their scope.
Cc. "Document" means any recorded, taped, computer stored or otherwise, tape,
diskette, hard-drive, or otherwise, written, typed, graphic or printed matter or information, in its
entirety, including any addenda, supplements, amendments, revisions, exhibits and appendices
thereto, in its original form (or copies thereof where originals are unavailable) together with any
copies thereof bearing notations, memoranda or other written information not on the original,
including, but not limited to, books, pamphlets, notebooks, correspondence, telegrams, letters,
files, file folders, notes or tapes or sound recordings (and any transcript or other reproduction
thereof) of any type of statement of a prospective witness or of an oral communication, a meeting
or a conference, minutes of meetings, memoranda, interoffice and intraoffice Communications,
studies, analysis, results of investigations, reviews, contracts, licenses, agreements, mortgages,
promissory notes, ledgers, books of account, statements, purchase orders, vouchers, bank checks
and drafts, invoices, acknowledgments, charge slips, tickets, receipts, working papers, statistical
records, stenographer's notebooks, calendars, appointment books, diaries, time sheets or logs,
maps, computer input date, computer output data, computer runs, worksheets or work papers or
other materials, or papers similar to any of the foregoing, including all such defined Documents
submitted to Your accountants, aftorneys or other representatives or submitted by Your
accountants, attorneys or other representatives, to You.
D. "You," "Your" and "Yours" refers to Defendants, its attorneys, investigators,
agents, assignees, predecessors, successors, and all Persons acting on their behalf in whatever
capacity.E. "Person" or "Persons" includes any natural Person, firm, consulting group,
association, partnership, limited partnership, limited liability company, joint venture, corporation,
institution, governmental agency, bureau, commission, or other governmental entity, or any other
group, combination, association or other form of legal entity.
F. "Communications" includes all oral communications and conversations as well as
any other communications, representation, conversation or statement, whether or not in writing,
and shall mean any transmission of thought, opinion, idea or other information, by speech, writing,
signs, electronic transmission or any other form of transmission.
G. "Identify":
(1) With respect to a Document means that You are requested to state
the form of the Document or writing, the date of its preparation, the author, recorder
or sender, each addressee or recipient, subject matter, and the name and address of
any Person presently having custody or control of the same or a true copy thereof.
If any Document or writing was, but is no longer, within Your possession, custody
or control, state what disposition and information You have as to its present location
and its content or substance if known. If You wish, You may produce any
Document in lieu of Identifying it.
(2) With respect to natural Persons means that You are requested to
state the name, address and telephone number of such Person and the name,
address, and telephone of the last known location or locations where such Person
is or was employed.
(3) With respect to a Person other than a natural Person means that You
are requested to state the total and complete name thereof and any acronym under
3H.
which such Person transacts business. If the Person is a corporation, partnership, or
other organization, state the present or last known address of that business and its
principal office.
(4) With respect to Communications, omissions, instances, incidents,
events, quantities and locations means that You are requested to: list as specifically
as possible the dates, places, time and Persons present or involved; state the
transactions or occurrences which were part of, transpired in or related to the action,
omission, incident, event, quantity or location being identified; and Identify each
Document within Your possession, custody, control or knowledge which reports,
summarizes, or otherwise in any way memorializes or refers to such action,
omission, incident, event, quantity or location.
"Factual Basis" means to state all occurrences, transactions, actions, omissions,
incidents, events, circumstances, Documents, Communications or other evidentiary facts that
directly or by inference support the contention or opinion for which the Factual Basis is requested
to be given. An Interrogatory requesting You to state the Factual Basis for a given subject means
to give a detailed statement separately itemizing each evidentiary fact relating to the subject of the
contention or opinion for which the Factual Basis is required. Ultimate and conclusory facts are
not "Factual Basis."
I.
"Describe" means to state all particulars involving the Communications, conduct,
Accident or item at issue.
J.
As used in these requests, a Document or Communication "concerning" or "in
relation to" a given subject means any Documents or Communications constituting or comprising
that subject and any Document or Communication Identifying, referring to, dealing with,commenting upon, describing, summarizing, analyzing, explaining, detailing, outlining, defining,
interpreting or pertaining to that subject.
K. "Petition" refers to the Petition and all Amended Petitions filed by Plaintiff in this
case.
L. "Incident" refers to the incident that occurred on July 12, 2019, giving rise to the
underlying claims.
INSTRUCTIONS
A. All non-privileged information which is in Your possession, custody, or control is
to be divulged.
B. When answering and responding to these discovery requests, You are requested to
furnish all information available to You, Your attorneys, investigators or any other Person acting
on Your behalf and not merely such information as is known by Your own personal knowledge. If
You cannot answer or respond in full after exercising due diligence to secure the information,
answer or respond to the extent possible, specifying the reason or reasons for Your inability to
answer or respond to the remainder.
Cc. These are continuing discovery requests. If any of the requested information or
material is not obtainable at present, or if You or any Person acting on Your behalf later discovers
that any of the information, materials or admissions provided were false, incomplete or misleading,
You shall furnish the new information, materials, or admissions to the counsel for Plaintiff. Such
supplementary responses are to be filed and served upon Plaintiff's attorney within fifteen (15)
days after receipt of such information.
D. If You withhold any answer to any Interrogatory or Request for Production or part
thereof for any reason or claim of privilege (attorney/client, work product, or other), include inYour answer the nature of the information so withheld, subject matter thereof, the reason You are
withholding such information, the basis for any claim of privilege and the name and address of
any Person or Persons having custody, control, or knowledge of any such information so withheld.
E. If Your answer to a Request for Production or Interrogatory is "not known" or
"unknown" or any similar phrase or answer, explain in detail all efforts made by You, Your
attorneys, or representatives to obtain the answer to that Request for Production or Interrogatory.
F If the answer to any Request for Production or Interrogatory or subpart thereof is
not within Your personal knowledge, Identify in parentheses each Person to whom the answer is
a matter of personal knowledge.
G. If You lack knowledge or information sufficient to answer in full an Interrogatory
or a subpart thereof, answer all portions that You can and state Your lack of knowledge or
information with respect to those portions You cannot answer.
H. With respect to any Document that You seek to withhold on a claim of privilege, a
statement shall be provided setting forth as to each such Document:
() The name(s) of the sender(s) of the Document;
(2) The name(s) of the author(s) of the Document;
@) A brief description of the nature of and subject matter of the Document;
(4) The date of the Document;
(5) The current custodian of the Document; and
(6) The nature of the privilege claimed.
I. All requested Documents should be produced at the offices of RYAN WHALEY, 400
North Walnut Avenue, Oklahoma City, Oklahoma 73104, no later than thirty (30) days from the
date of service of these discovery requests upon You.INTERROGATORIES
INTERROGATORY NO. 1: Identify each person, their employer, and their job
title who participates in answering these interrogatories, supplying information, or assisting in any
way with the preparation of the answers to these interrogatories.
INTERROGATORY NO. 2: Identify by name, address and telephone number
each and every Person who has knowledge of any of the allegations made in the Petition, regardless
of whether You intend to call such Person as a witness in this case. Also, give a brief synopsis of
what You understand his/her knowledge to be.
INTERROGATORY NO. 3: Identify all Persons or entities known by this
Defendant to have possession, custody, or control of Documents relevant to this lawsuit, and
identify the Documents over which they have possession, custody, or control.
INTERROGATORY NO. 4: Identify all conversations between You and any other
Defendant and/or its representatives, the dates thereof, and the nature and substance of those
conversations that concerned the Incident. (NOTE: As a reminder, You includes Defendant’s
attorneys).
INTERROGATORY NO. 5: Describe with specificity the nature of Your
relationship with Koss Construction Company as itrelates to the events occurring on July 12, 2019,
including an Identification of any and all Documents reflecting the nature and/or length of such
relationship, and any other Documents in Your possession or control evidencing or arising out of
such relationship. Your answer should include Identification of any contracts, agreements, or
arrangements between You and Koss Construction Company that concern this lawsuit, the
Incident, and/or the events leading up to the Incident.INTERROGATORY NO. 6: Describe with specificity the nature of Your
relationship with Alliance Transportation, Inc., as it relates to the events occurring on July 12,
2019, including an Identification of any and all Documents reflecting the nature and/or length of
such relationship, and any other Documents in Your possession or control evidencing or arising
out of such relationship. Your answer should include an Identification of any contracts,
agreements, or arrangements between You and Alliance Transportation, Inc., that concern this
lawsuit, the Incident, and/or the events leading up to the Incident.
INTERROGATORY N.
Produce any and all accident, injury, incident, and/or
any other report(s) completed, possessed, and/or controlled by You that concern the Incident
occurring on July 12, 2019. You should include in your answer the name, role, and phone number
of any Koss employee, agent, or representative who prepared and/or has possession or control of
such report(s).
INTERROGATORY NO. 8: Pursuant to 12 0.S. § 3226(B)(3)(a)(3), Identify each
Person You expect to call as an expert witness at trial, including medical experts, and for each
expert witness, provide the following:
(a) His/her address;
(b) The substance of the facts and opinions to which the expert is
expected to testify;
(c) | Asummary of the grounds for each such opinion;
(d) His/her qualifications, including a list of all publications authored
by him/her within the preceding ten (10) years;
(e) The compensation to be paid to him/her for the testimony and
preparation for the testimony;
(f) A listing of other cases in which he/she has testified as an expert at
trial, or by deposition, within the preceding four (4) years;(g) The date the expert was retained; and
(h) Whether the expert has rendered a written opinion.
INTERROGATORY NO. 9: Describe how and why the Incident occurred, and
state specifically what You contend caused or contributed to the cause of the Incident. If you
believe any other entity or Person contributed or is responsible for the Incident, please provide a
factual description for this belief.
* INTERROGATORY NO. 10: Identify whether the conduct of any Central Plains
employee, agent, representative, or any other individual’s conduct at the site on the date of the
Incident violated any of your company policies and/or procedures, and describe which policies
and/or procedures were violated on the date of the Incident.
INTERROGATORY NO. 11: Please explain why You or any other Defendant did
not utilize a flag man or other employee to motion oncoming vehicles to slow down before driving
into the cloud of dust.
INTERROGATORY NO. 12: Please identify and describe with specificity any and
all other similar incidents occurring at or near the same time and location of the Incident. This is
intended to include other incidents arising out of the same underlying facts as those giving rise to
this lawsuit but involving a party other than Plaintiff.
INTERROGATORY NO. 13: Please identify and describe with specificity any and
all safety evaluations, job safety analysis, and/or risk/hazard analysis conducted prior to
commencement of the work on the roadway giving rise to the Incident and/or conducted after the
Incident occurred.
INTERROGATORY NO. 14: Identify and describe with specificity any and all
company policies and/or procedures that concern the relevant operations, work, conduct, and/or
safety measures in place at the time of the Incident. This request is intended to include any relevant
9company policy, procedure, and/or rule in place concerning the work being completed on the
roadway and/or the subsequent safety of motorists on the roadway.
INTERROGATORY NO. 15: Please identify and describe with specificity any and
all OSHA, police, or fire rescue report(s), or any other governmental report(s) relating to the
Incident.
REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST FOR PRODUCTION NO.1: Produce all Documents which You
identified, relied upon, and/or referenced in Your responses to any of the Interrogatories.
REQUEST FOR PRODUCTION NO. 2: Produce any and all accident, injury, incident,
and/or any other report(s) completed, possessed, and/or controlled by You that concern the
Incident occurring on July 12, 2019. You should include in your answer the name, role, and phone
number of any Central Plains employee, agent, or representative who prepared and/or has
possession or control of such report(s).
REQUEST FOR PRODUCTION NO.3: Produce any and all photographs, drawings,
maps, charts, video tapes, movies, and/or sound recording(s) concerning the Incident which is the
subject of this lawsuit, including depictions of the dust cloud, roadway and/or Incident scene prior
to, during, and following the Incident.
REQUEST FOR PRODUCTION NO. 4: Produce copies of all correspondence
between You and any third parties with respect to any of the allegations and/or defenses in this
lawsuit.
REQUEST FOR PRODUCTION NO. 5: Please produce a copy of Your liability
insurance verification.
10REQUEST FOR PRODUCTION NO. 6: Produce any and all recorded phone
conversations or written statements, whether transcribed or not, of anyone, including Central
Plains employees, having knowledge of facts or circumstances surrounding the Incident and/or
any defenses claimed by You. This Request is intended to include a copy of any and all statements
or records and summaries of interviews relating to the events which form the basis of this lawsuit
and any defenses claimed by You in this lawsuit.
REQUEST FOR PRODUCTION NO. 7: Produce copies of any and all Documents
subpoenaed from third parties.
REQUEST FOR PRODUCTION NO. 8: Produce copies of any and all Documents
which evidence, arise out of, or relate to any contract, agreement, and/or arrangement between
You and Koss Construction Company. You should include any insurance verification obtained
prior to entering into any contract, and all Documents reflecting and/or concerning the contract(s)
between You and Koss Construction Company and the length of such relationship, and/or any
other Documents evidencing or arising out of such relationship.
REQUEST FOR PRODUCTION NO. 9: Produce copies of any and al! Documents
which evidence, arise out of, or relate to any contract, agreement, and/or arrangement between
You and Alliance Transportation, Inc. You should include any insurance verification obtained, any
and all Documents reflecting and/or concerning the contract(s) between You and Alliance
Transportation, Inc., and the length of such relationship, and/or any other Documents evidencing
or arising out of such relationship.
REQUEST FOR PRODUCTION NO. 10: Produce the entire "expert file" for any
testifying experts, including, but not limited to, reports, notes, correspondence, memorandums,
letters, opinions, or summaries that were prepared, reviewed, or relied upon by any expert witnesswho may testify on Your behalf at the trial of this matter. (NOTE: This Request seeks to
supplement the "expert disclosures” requested through Interrogatories served contemporaneously
herewith).
REQUEST FOR PRODUCTION NO. 11; Produce a current Curriculum Vitae for any
expert witness to be used by You in relation to any claim and/or defense in this matter.
REQUEST FOR PRODUCTION NO. 12: Produce any and all Documents identifying
which of Your or any other Defendant’s employees and/or contractors were on site at the scene of
the Incident. This request is intended to include any document(s) identifying such Persons at the
scene leading up to, during, and/or after the Incident.
REQUEST FOR PRODUCTION NO. 13: Produce any and all company policies and/or
procedures that concern the relevant operations, work, conduct, and/or safety measures in place at
the time of the Incident. This request is intended to include any relevant company policy,
procedure, and/or rule in place concerning the work being completed on the roadway and/or the
subsequent safety of motorists on the roadway.
REQUEST FOR PRODUCTION NO. 14: Any safety evaluations, job safety analysis,
and/or risk/hazard analysis conducted prior to commencement of the work on the roadway giving
tise to the Incident and this lawsuit and/or conducted after the Incident occurred.
REQUEST FOR PRODUCTION NO. 15: Produce any and all OSHA, police, or fire
rescue report(s), or any other governmental report(s) relating to the Incident.
12Respectfully submitted,
Gerard F. Pignato, OBA No. 11473
RYAN WHALEY
400 North Walnut Avenue
Oklahoma City, Oklahoma, 73 104
Telephone: 405-239-6040
Facsimile: 405-239-6766
Email: jerry@ryanwhaley.com
ATTORNEYS FOR PLAINTIFFCERTIFICATE OF SERVICE
CERI
This is to certify that on January 13, 2022, a true and correct copy of the above and
foregoing instrument was forwarded, via Email and/or U.S. Mail, to:
Monty B. Bottom, Esquire
Ashley M. Thul, Esquire
FOLIART, HUFF, OTTAWAY & BOTTOM
201 Robert S. Kerr Avenue, 12th Floor
Oklahoma City, Oklahoma, 73 102
Telephone: 405-232-4633
Facsimile: 405-232-3462
Email: montybottom@oklahomacounsel.com
ashleythul@oklahomacounsel.com
ATTORNEYS FOR DEFENDANT,
Koss CONSTRUCTION COMPANY
Robert A. Bragalone, Esquire
GorDON & REES, LLP
2200 Ross Avenue, Suite 3700
Dallas, Texas, 75201
Telephone: 214-231-4660
Facsimile: 214-461-4053
Email: bbragalone@grsm.com
ATTORNEY FOR DEFENDANT,
CENTRAL PLAINS CEMENT COMPANY
Dylan C. Edwards, Esquire
GorDON & REES, LLP
101 Park Avenue, Suite 1300
Oklahoma City, Oklahoma, 73102
Telephone: 918-693-1442
Email: dcedwards@grsm.com
ATTORNEY FOR DEFENDANT,
CENTRAL PLAINS CEMENT COMPANY
For the Firm
14
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IN THE DISTRICT COURT OF MCINTOSH fe Y lz ln STATE OF OKLAHOMA MAR 3] 2022 WILLIAM B. CAPERS, JR. and MISA RODERUSHE, Court Clerk JENNIFER K. CAPERS, By McINTOSH COUNTY ——— Deputy Plaintiffs, Case No. CJ-2021-40 The Honorable Brendon Bridges v. KOSS CONSTRUCTION COMPANY and CENTRAL PLAINS CEMENT COMPANY, and ALLIANCE TRANSPORTATION, I Oe Defendants. PLAINTIFF’S MOTION TO COMPEL AGAINST THE DEFENDANT, CENTRAL PLAINS CEMENT. The Plaintiff, William Capers, moves this Court, pursuant to 12 O.S. § 3237a, to compel the Defendant, Central Plains Cement Company (“Central Plains”), to answer Plaintiff's Interrogatories and respond to Plaintiff's Requests for Production of Documents, in the above case. In support hereof, Plaintiff states: 1. Plaintiff served his First Set of Interrogatories and Requests for Production of Documents on counsel for Central Plains on January 13, 2022. (Plaintiff's Written Discovery, EXHIBIT 1). 2. Since that date, counsel for Central Plains has asked for multiple extensions of time to respond, each request granted by Plaintiff's counsel. The most recent extension of time required Answers and Responses due by March 21, 2022. Unfortunately, to date, no answers or responses have been provided. 3. The written discovery in question is simple, standard, boilerplate written discovery in a personal injury lawsuit like this. There is no legitimate reason why it has taken this long forCentral Plains to answer such simple written discovery. The written discovery must be answered immediately. WHEREFORE, as set forth above, the Plaintiff, William Capers, respectfully requests this Court to order the Defendant, Central Plains, to respond to Plaintiff's written discovery, and to do so immediately. Gerard F. Pignato, A No. 11473 RYAN WHALEY 400 North Walnut Avenue Oklahoma City, Oklahoma 73104 Telephone: 405-239-6040 Facsimile: 405-239-6766 Email: jerry@ryanwhaley.com ATTORNEYS FOR PLAINTIFFSCERTIFICATE OF SERVICE CENSUS IS This is to certify that on March 29, 2022, a true and correct copy of the above and foregoing instrument was forwarded to: Monty B. Bottom, Esquire VIA EMAIL Ashley M. Thul, Esquire FOLIART, HUFF, OTTAWAY & BOTTOM 201 Robert S. Kerr Avenue, 12th Floor Oklahoma City, Oklahoma 73102 Telephone: 405-232-4633 Facsimile: 405-232-3462 Email: montybottom@oklahomacounsel.com ashleythul@oklahomacounsel.com ATTORNEYS FOR DEFENDANT, Koss CONSTRUCTION COMPANY Christopher S. Norcross, Esquire VIA EMAIL GORDON REES SCULLY MANSUKHANI, LLP 101 Park Avenue, Suite 1300 Oklahoma City, Oklahoma 73102 Telephone: 405-445-6280 Email: cnorcross@grsm.com ATTORNEYS FOR DEFENDANT, CENTRAL PLAINS CONSTRUCTION COMPANY FOR THE FIRMEXHIBIT 1IN THE DISTRICT COURT OF MCINTOSH COUNTY STATE OF OKLAHOMA WILLIAM B. CAPERS, JR., ) ) Plaintiff, ) ) Vv. ) Case No. CJ-2021-00040 ) The Honorable Brendon Bridges KOSS CONSTRUCTION COMPANY and ) CENTRAL PLAINS CEMENT COMPANY, ) and ALLIANCE TRANSPORTATION, ) ) Defendants. ) PLAINTIFF, WILLIAM B. CAPERS, JR.’S, FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, CENTRAL PLAINS CEMENT COMPANY CENTRAL PLAINS CEMENT COM“ Pursuant to 12 O.S. §§ 3226, 3233, and 3234, Plaintiff, William B. Capers, Jr., (“Plaintiff”), serves the following Interrogatories and Requests for Production of Documents, and requests that Defendant, Central Plains Cement Company (“Central Plains”), answer the Interrogatories and Requests for Production separately, fully, under oath and in writing, and produce for inspection and copying all requested Documents in Defendant’s possession or control, all within thirty (30) days from the date of service hereof and in accordance with the Instructions and Definitions set out below. DEFINITIONS ‘As used herein, the following terms have the meanings set forth below and require in certain instances that You set forth specified information: A. Wherever a noun appears, it shall be construed either to be singular or plural in order to bring within the scope of these discovery requests any information which may otherwise be construed to be outside their scope.B. "And" as well as "or" shall be construed either disjunctively or conjunctively in order to bring within the scope of these discovery requests any information which might otherwise be construed to be outside their scope. Cc. "Document" means any recorded, taped, computer stored or otherwise, tape, diskette, hard-drive, or otherwise, written, typed, graphic or printed matter or information, in its entirety, including any addenda, supplements, amendments, revisions, exhibits and appendices thereto, in its original form (or copies thereof where originals are unavailable) together with any copies thereof bearing notations, memoranda or other written information not on the original, including, but not limited to, books, pamphlets, notebooks, correspondence, telegrams, letters, files, file folders, notes or tapes or sound recordings (and any transcript or other reproduction thereof) of any type of statement of a prospective witness or of an oral communication, a meeting or a conference, minutes of meetings, memoranda, interoffice and intraoffice Communications, studies, analysis, results of investigations, reviews, contracts, licenses, agreements, mortgages, promissory notes, ledgers, books of account, statements, purchase orders, vouchers, bank checks and drafts, invoices, acknowledgments, charge slips, tickets, receipts, working papers, statistical records, stenographer's notebooks, calendars, appointment books, diaries, time sheets or logs, maps, computer input date, computer output data, computer runs, worksheets or work papers or other materials, or papers similar to any of the foregoing, including all such defined Documents submitted to Your accountants, aftorneys or other representatives or submitted by Your accountants, attorneys or other representatives, to You. D. "You," "Your" and "Yours" refers to Defendants, its attorneys, investigators, agents, assignees, predecessors, successors, and all Persons acting on their behalf in whatever capacity.E. "Person" or "Persons" includes any natural Person, firm, consulting group, association, partnership, limited partnership, limited liability company, joint venture, corporation, institution, governmental agency, bureau, commission, or other governmental entity, or any other group, combination, association or other form of legal entity. F. "Communications" includes all oral communications and conversations as well as any other communications, representation, conversation or statement, whether or not in writing, and shall mean any transmission of thought, opinion, idea or other information, by speech, writing, signs, electronic transmission or any other form of transmission. G. "Identify": (1) With respect to a Document means that You are requested to state the form of the Document or writing, the date of its preparation, the author, recorder or sender, each addressee or recipient, subject matter, and the name and address of any Person presently having custody or control of the same or a true copy thereof. If any Document or writing was, but is no longer, within Your possession, custody or control, state what disposition and information You have as to its present location and its content or substance if known. If You wish, You may produce any Document in lieu of Identifying it. (2) With respect to natural Persons means that You are requested to state the name, address and telephone number of such Person and the name, address, and telephone of the last known location or locations where such Person is or was employed. (3) With respect to a Person other than a natural Person means that You are requested to state the total and complete name thereof and any acronym under 3H. which such Person transacts business. If the Person is a corporation, partnership, or other organization, state the present or last known address of that business and its principal office. (4) With respect to Communications, omissions, instances, incidents, events, quantities and locations means that You are requested to: list as specifically as possible the dates, places, time and Persons present or involved; state the transactions or occurrences which were part of, transpired in or related to the action, omission, incident, event, quantity or location being identified; and Identify each Document within Your possession, custody, control or knowledge which reports, summarizes, or otherwise in any way memorializes or refers to such action, omission, incident, event, quantity or location. "Factual Basis" means to state all occurrences, transactions, actions, omissions, incidents, events, circumstances, Documents, Communications or other evidentiary facts that directly or by inference support the contention or opinion for which the Factual Basis is requested to be given. An Interrogatory requesting You to state the Factual Basis for a given subject means to give a detailed statement separately itemizing each evidentiary fact relating to the subject of the contention or opinion for which the Factual Basis is required. Ultimate and conclusory facts are not "Factual Basis." I. "Describe" means to state all particulars involving the Communications, conduct, Accident or item at issue. J. As used in these requests, a Document or Communication "concerning" or "in relation to" a given subject means any Documents or Communications constituting or comprising that subject and any Document or Communication Identifying, referring to, dealing with,commenting upon, describing, summarizing, analyzing, explaining, detailing, outlining, defining, interpreting or pertaining to that subject. K. "Petition" refers to the Petition and all Amended Petitions filed by Plaintiff in this case. L. "Incident" refers to the incident that occurred on July 12, 2019, giving rise to the underlying claims. INSTRUCTIONS A. All non-privileged information which is in Your possession, custody, or control is to be divulged. B. When answering and responding to these discovery requests, You are requested to furnish all information available to You, Your attorneys, investigators or any other Person acting on Your behalf and not merely such information as is known by Your own personal knowledge. If You cannot answer or respond in full after exercising due diligence to secure the information, answer or respond to the extent possible, specifying the reason or reasons for Your inability to answer or respond to the remainder. Cc. These are continuing discovery requests. If any of the requested information or material is not obtainable at present, or if You or any Person acting on Your behalf later discovers that any of the information, materials or admissions provided were false, incomplete or misleading, You shall furnish the new information, materials, or admissions to the counsel for Plaintiff. Such supplementary responses are to be filed and served upon Plaintiff's attorney within fifteen (15) days after receipt of such information. D. If You withhold any answer to any Interrogatory or Request for Production or part thereof for any reason or claim of privilege (attorney/client, work product, or other), include inYour answer the nature of the information so withheld, subject matter thereof, the reason You are withholding such information, the basis for any claim of privilege and the name and address of any Person or Persons having custody, control, or knowledge of any such information so withheld. E. If Your answer to a Request for Production or Interrogatory is "not known" or "unknown" or any similar phrase or answer, explain in detail all efforts made by You, Your attorneys, or representatives to obtain the answer to that Request for Production or Interrogatory. F If the answer to any Request for Production or Interrogatory or subpart thereof is not within Your personal knowledge, Identify in parentheses each Person to whom the answer is a matter of personal knowledge. G. If You lack knowledge or information sufficient to answer in full an Interrogatory or a subpart thereof, answer all portions that You can and state Your lack of knowledge or information with respect to those portions You cannot answer. H. With respect to any Document that You seek to withhold on a claim of privilege, a statement shall be provided setting forth as to each such Document: () The name(s) of the sender(s) of the Document; (2) The name(s) of the author(s) of the Document; @) A brief description of the nature of and subject matter of the Document; (4) The date of the Document; (5) The current custodian of the Document; and (6) The nature of the privilege claimed. I. All requested Documents should be produced at the offices of RYAN WHALEY, 400 North Walnut Avenue, Oklahoma City, Oklahoma 73104, no later than thirty (30) days from the date of service of these discovery requests upon You.INTERROGATORIES INTERROGATORY NO. 1: Identify each person, their employer, and their job title who participates in answering these interrogatories, supplying information, or assisting in any way with the preparation of the answers to these interrogatories. INTERROGATORY NO. 2: Identify by name, address and telephone number each and every Person who has knowledge of any of the allegations made in the Petition, regardless of whether You intend to call such Person as a witness in this case. Also, give a brief synopsis of what You understand his/her knowledge to be. INTERROGATORY NO. 3: Identify all Persons or entities known by this Defendant to have possession, custody, or control of Documents relevant to this lawsuit, and identify the Documents over which they have possession, custody, or control. INTERROGATORY NO. 4: Identify all conversations between You and any other Defendant and/or its representatives, the dates thereof, and the nature and substance of those conversations that concerned the Incident. (NOTE: As a reminder, You includes Defendant’s attorneys). INTERROGATORY NO. 5: Describe with specificity the nature of Your relationship with Koss Construction Company as itrelates to the events occurring on July 12, 2019, including an Identification of any and all Documents reflecting the nature and/or length of such relationship, and any other Documents in Your possession or control evidencing or arising out of such relationship. Your answer should include Identification of any contracts, agreements, or arrangements between You and Koss Construction Company that concern this lawsuit, the Incident, and/or the events leading up to the Incident.INTERROGATORY NO. 6: Describe with specificity the nature of Your relationship with Alliance Transportation, Inc., as it relates to the events occurring on July 12, 2019, including an Identification of any and all Documents reflecting the nature and/or length of such relationship, and any other Documents in Your possession or control evidencing or arising out of such relationship. Your answer should include an Identification of any contracts, agreements, or arrangements between You and Alliance Transportation, Inc., that concern this lawsuit, the Incident, and/or the events leading up to the Incident. INTERROGATORY N. Produce any and all accident, injury, incident, and/or any other report(s) completed, possessed, and/or controlled by You that concern the Incident occurring on July 12, 2019. You should include in your answer the name, role, and phone number of any Koss employee, agent, or representative who prepared and/or has possession or control of such report(s). INTERROGATORY NO. 8: Pursuant to 12 0.S. § 3226(B)(3)(a)(3), Identify each Person You expect to call as an expert witness at trial, including medical experts, and for each expert witness, provide the following: (a) His/her address; (b) The substance of the facts and opinions to which the expert is expected to testify; (c) | Asummary of the grounds for each such opinion; (d) His/her qualifications, including a list of all publications authored by him/her within the preceding ten (10) years; (e) The compensation to be paid to him/her for the testimony and preparation for the testimony; (f) A listing of other cases in which he/she has testified as an expert at trial, or by deposition, within the preceding four (4) years;(g) The date the expert was retained; and (h) Whether the expert has rendered a written opinion. INTERROGATORY NO. 9: Describe how and why the Incident occurred, and state specifically what You contend caused or contributed to the cause of the Incident. If you believe any other entity or Person contributed or is responsible for the Incident, please provide a factual description for this belief. * INTERROGATORY NO. 10: Identify whether the conduct of any Central Plains employee, agent, representative, or any other individual’s conduct at the site on the date of the Incident violated any of your company policies and/or procedures, and describe which policies and/or procedures were violated on the date of the Incident. INTERROGATORY NO. 11: Please explain why You or any other Defendant did not utilize a flag man or other employee to motion oncoming vehicles to slow down before driving into the cloud of dust. INTERROGATORY NO. 12: Please identify and describe with specificity any and all other similar incidents occurring at or near the same time and location of the Incident. This is intended to include other incidents arising out of the same underlying facts as those giving rise to this lawsuit but involving a party other than Plaintiff. INTERROGATORY NO. 13: Please identify and describe with specificity any and all safety evaluations, job safety analysis, and/or risk/hazard analysis conducted prior to commencement of the work on the roadway giving rise to the Incident and/or conducted after the Incident occurred. INTERROGATORY NO. 14: Identify and describe with specificity any and all company policies and/or procedures that concern the relevant operations, work, conduct, and/or safety measures in place at the time of the Incident. This request is intended to include any relevant 9company policy, procedure, and/or rule in place concerning the work being completed on the roadway and/or the subsequent safety of motorists on the roadway. INTERROGATORY NO. 15: Please identify and describe with specificity any and all OSHA, police, or fire rescue report(s), or any other governmental report(s) relating to the Incident. REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION NO.1: Produce all Documents which You identified, relied upon, and/or referenced in Your responses to any of the Interrogatories. REQUEST FOR PRODUCTION NO. 2: Produce any and all accident, injury, incident, and/or any other report(s) completed, possessed, and/or controlled by You that concern the Incident occurring on July 12, 2019. You should include in your answer the name, role, and phone number of any Central Plains employee, agent, or representative who prepared and/or has possession or control of such report(s). REQUEST FOR PRODUCTION NO.3: Produce any and all photographs, drawings, maps, charts, video tapes, movies, and/or sound recording(s) concerning the Incident which is the subject of this lawsuit, including depictions of the dust cloud, roadway and/or Incident scene prior to, during, and following the Incident. REQUEST FOR PRODUCTION NO. 4: Produce copies of all correspondence between You and any third parties with respect to any of the allegations and/or defenses in this lawsuit. REQUEST FOR PRODUCTION NO. 5: Please produce a copy of Your liability insurance verification. 10REQUEST FOR PRODUCTION NO. 6: Produce any and all recorded phone conversations or written statements, whether transcribed or not, of anyone, including Central Plains employees, having knowledge of facts or circumstances surrounding the Incident and/or any defenses claimed by You. This Request is intended to include a copy of any and all statements or records and summaries of interviews relating to the events which form the basis of this lawsuit and any defenses claimed by You in this lawsuit. REQUEST FOR PRODUCTION NO. 7: Produce copies of any and all Documents subpoenaed from third parties. REQUEST FOR PRODUCTION NO. 8: Produce copies of any and all Documents which evidence, arise out of, or relate to any contract, agreement, and/or arrangement between You and Koss Construction Company. You should include any insurance verification obtained prior to entering into any contract, and all Documents reflecting and/or concerning the contract(s) between You and Koss Construction Company and the length of such relationship, and/or any other Documents evidencing or arising out of such relationship. REQUEST FOR PRODUCTION NO. 9: Produce copies of any and al! Documents which evidence, arise out of, or relate to any contract, agreement, and/or arrangement between You and Alliance Transportation, Inc. You should include any insurance verification obtained, any and all Documents reflecting and/or concerning the contract(s) between You and Alliance Transportation, Inc., and the length of such relationship, and/or any other Documents evidencing or arising out of such relationship. REQUEST FOR PRODUCTION NO. 10: Produce the entire "expert file" for any testifying experts, including, but not limited to, reports, notes, correspondence, memorandums, letters, opinions, or summaries that were prepared, reviewed, or relied upon by any expert witnesswho may testify on Your behalf at the trial of this matter. (NOTE: This Request seeks to supplement the "expert disclosures” requested through Interrogatories served contemporaneously herewith). REQUEST FOR PRODUCTION NO. 11; Produce a current Curriculum Vitae for any expert witness to be used by You in relation to any claim and/or defense in this matter. REQUEST FOR PRODUCTION NO. 12: Produce any and all Documents identifying which of Your or any other Defendant’s employees and/or contractors were on site at the scene of the Incident. This request is intended to include any document(s) identifying such Persons at the scene leading up to, during, and/or after the Incident. REQUEST FOR PRODUCTION NO. 13: Produce any and all company policies and/or procedures that concern the relevant operations, work, conduct, and/or safety measures in place at the time of the Incident. This request is intended to include any relevant company policy, procedure, and/or rule in place concerning the work being completed on the roadway and/or the subsequent safety of motorists on the roadway. REQUEST FOR PRODUCTION NO. 14: Any safety evaluations, job safety analysis, and/or risk/hazard analysis conducted prior to commencement of the work on the roadway giving tise to the Incident and this lawsuit and/or conducted after the Incident occurred. REQUEST FOR PRODUCTION NO. 15: Produce any and all OSHA, police, or fire rescue report(s), or any other governmental report(s) relating to the Incident. 12Respectfully submitted, Gerard F. Pignato, OBA No. 11473 RYAN WHALEY 400 North Walnut Avenue Oklahoma City, Oklahoma, 73 104 Telephone: 405-239-6040 Facsimile: 405-239-6766 Email: jerry@ryanwhaley.com ATTORNEYS FOR PLAINTIFFCERTIFICATE OF SERVICE CERI This is to certify that on January 13, 2022, a true and correct copy of the above and foregoing instrument was forwarded, via Email and/or U.S. Mail, to: Monty B. Bottom, Esquire Ashley M. Thul, Esquire FOLIART, HUFF, OTTAWAY & BOTTOM 201 Robert S. Kerr Avenue, 12th Floor Oklahoma City, Oklahoma, 73 102 Telephone: 405-232-4633 Facsimile: 405-232-3462 Email: montybottom@oklahomacounsel.com ashleythul@oklahomacounsel.com ATTORNEYS FOR DEFENDANT, Koss CONSTRUCTION COMPANY Robert A. Bragalone, Esquire GorDON & REES, LLP 2200 Ross Avenue, Suite 3700 Dallas, Texas, 75201 Telephone: 214-231-4660 Facsimile: 214-461-4053 Email: bbragalone@grsm.com ATTORNEY FOR DEFENDANT, CENTRAL PLAINS CEMENT COMPANY Dylan C. Edwards, Esquire GorDON & REES, LLP 101 Park Avenue, Suite 1300 Oklahoma City, Oklahoma, 73102 Telephone: 918-693-1442 Email: dcedwards@grsm.com ATTORNEY FOR DEFENDANT, CENTRAL PLAINS CEMENT COMPANY For the Firm 14