Preview
Filing # 137164710 E-Filed 10/25/2021 10:10:24 AM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, INAND FOR DUVAL
COUNTY, FLORIDA
CASE NO.: 2021-CA-4553
DIVISION: CV-D
SCOTT AKIN, STACEY AKIN, and ASHLEY
AKIN ,
Plaintiffs,
V.
STEVEN WEBSTER, GERAD
WEBSTER,JR., UBER TECHNOLOGIES,
INC., RASIER, LLC, RASIER-CA,LLC,
RASIER-DC,LLC, RASIER,-PA,LLC,
RASIER-MT,LLC, and HINTER-NM,LLC,
Defendants.
/
DEFENDANT'S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF, STACEY
AKIN
Defendant, STEVEN WEBSTER, by and through undersigned counsel, pursuant
to Rule 1.350, Florida Rules of Civil Procedure, requests that Plaintiff, STACEY AKIN,
produce for inspection and/or copying the following documents, writings, papers and other
data within thirty (30) days, at the offices of the undersigned attorneys for Defendant:
Cole, Scott, Kissane, P.A.,
DEFENDANT’S FIRST SET OF REQUESTS TO PRODUCE TO PLAINTIFF, STACEY
AKIN
Copies of Plaintiffs Federal Income Tax Returns for the five years preceding the
incident described in the Complaint to present.
Proof of all earned income and proof of all non-earned income for the five years
preceding the incident described in the Complaint to present.
Photographs, video tapes or films in the possession, custody or control of the
Plaintiff and/or Plaintiff's agents, servants or attorneys relative to the subject matter
of this lawsuit, including but not limited to any photographs, video tapes or films
COLE, SCOTT, KISSANE, P.A.
4190 BELFORT ROAD, SUITE 300
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/25/2021 03:48:54 PM
CASE NO.: 2021-CA-4553
DIVISION: CV-D
recording Plaintiff's alleged injuries and the physical location where the incident
described in the Complaint occurred.
Copies of all medical, dental, hospital records and reports for the treatment of the
Plaintiff for the injuries being claimed as a result of the incident described in the
Complaint.
Copies of all medical bills, nursing bills, drug bills, and any and all other bills
relating to Plaintiff and the claims for damages, including copies of Letters of
Protection, Private Financial Agreements and Private Pay Contracts, for treatment
the Plaintiff underwent for injuries being claimed from the incident described in the
Complaint, including the itemized bills which reflect all charges incurred, all
payments received, all write-offs applied, and all letters of protection and contracts
pertaining to the sale of the patient’s medical receivables.
Complete copies of all records, to include x-rays, MRIs and any other diagnostic
studies (including but not limited to original films), from any and all doctors,
hospitals or other medical providers, therapist, consultants or any other person or
entity that examined, treated and/or provided care or treatment to Plaintiff, for the
past ten years.
All written or oral statements of the Defendant, including, but not limited to,
statements taken from agents, servants and/or employees of the Defendant in this
lawsuit.
All written or oral statements which Plaintiff intends to use at trial.
All written or oral statements of any person or entity other than the requesting
Defendant pertaining to the issues in this litigation, the substantial equivalent of
which cannot be obtained by the Defendant without undue hardship.
10. Any written or oral other statements of parties or witnesses not produced in
response to the preceding three paragraphs.
11 All documents supporting the claim for money damages in this lawsuit and not
produced in response to the preceding paragraphs.
12 A report and Curriculum Vitae (CV) of each person whom the Plaintiff expects to
call as an expert at the trial of this cause.
13 A report and Curriculum Vitae (CV) of each treating provider whom the Plaintiff
treated with for injuries being claimed as a result of the incident described in the
Complaint.
-2-
COLE, SCOTT, KISSANE, P.A.
BELFORT ROAD, SUITE 3(
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
CASE NO.: 2021-CA-4553
DIVISION: CV-D
14. As to each type of insurance in force in favor of the Plaintiff, including, but not
limited to, automobile insurance, life insurance, medical insurance, hospitalization
insurance, Medicare, Medicaid, disability insurance, medical payments insurance,
personal injury protection insurance, health insurance and accident insurance:
a A copy of each such contract or policy;
b The Identification Card of each such contract or policy;
Cc. The Declarations Sheet of each such contract or policy;
d Each and every application for benefits made by the Plaintiffs under any of
the policies, whether pertaining to the incident which is the subject matter
of this litigation or not; and
All records of payments, checks, check stubs, memos and correspondence
relating to payments made under any of the policies referred to above.
15 Letter authorizing the Social Security Administration as a collateral source to
provide complete information and disclosure of any and all claims, disabilities or
payments received by the plaintiff. Such letter should specify that the Social
Security Administration is to release all documents protected under 5 U.S.C. § 552
(a); 42 U.S.C. § 1306 (a) and 20 F.R. § 401.300.
16. Five executed HIPAA authorization forms to allow the Defendant to obtain medical
records and bills from the Plaintiff's treating providers.
17 Five executed authorizations pursuant to Florida § 381.026 to allow the Defendant
to obtain an itemized statement and/or bill that contains the specific charges and
expenses incurred by date for the Plaintiff to include the provider of such services
and/or items, a description of such services and/or items, and any facility fee
including the purpose of said facility fee and the itemized description of
components that form the basis of said facility fee.
18. Any contract or agreement of any group, organization, partnership or corporation
to provide, pay for, or reimburse the costs of hospital, medical, dental or other
health care services.
19. Any contractual or voluntary wage continuation plan provided by employers or any
other system intended to provide wages during a period of disability.
20. All documents identified in Plaintiff's answers to Defendant's First Set of
Interrogatories served contemporaneously herewith.
21 All documents which refer, or relate to evidence or reflect, any lawsuits other than
the present lawsuit to which you have ever been a party in lifetime, whether as a
plaintiff or defendant.
-3-
COLE, SCOTT, KISSANE, P.A.
BELFORT ROAD, SUITE 3(
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
CASE NO.: 2021-CA-4553
DIVISION: CV-D
22 All documents which refer, or relate to evidence or reflect, any claim for benefits or
compensation from any third party or any third party’s insurer which you have ever
made in your lifetime, including any workers compensation claims.
23 Any and all diagnostic reports and films performed by any medical provider
following the subject incident, including but not limited to MRIs, x-rays, ultrasounds,
CT Scans and arthrograms.
24 Any and all diagnostic reports and films performed prior to the subject incident,
including but not limited to MRIs, x-rays, ultrasounds, CT Scans and arthrograms.
25. All documents which refer or relate to, evidence or reflect, any motor vehicle
accident, slip and fall, and trip and fall accident in which you have been involved
in your lifetime, including but not limited to police reports, incident reports,
correspondence, insurance records, and any medical records pertaining to such
accidents.
26. Produce any and all Letters of Protection, Private Financial Agreements and
Private Pay Contracts and/or any other promises of payment relating to or issued
to any of the Plaintiff's medical providers/practices/facilities that provided treatment
resulting from the injuries alleged as a result of the incident described in the
Complaint, along with any written or electronic correspondence between the
Plaintiff and the Plaintiff's medical providers/practices/facilities regarding the Letter
of Protection, Private Financial Agreements and Private Pay Contracts and/or
other promises of payment, including an explanation of the Plaintiff's obligations
for medical charges and/or expenses incurred, including what will happen to the
Plaintiff's outstanding charges if the case settles for less than the charge incurred
or if there is a complete defense verdict.
27 Copies of any newspaper, or any other form of media, mention or discussion of the
incident underlying this matter.
28. A copy of any and all Letters of Protection, Private Financial Agreements and
Private Pay Contracts or other promises of payment entered into with any of
Plaintiff's providers.
29. Any notes, memorandum, diaries, journals, blogs or other writings or accounts or
memorialization related to this incident, regardless of format.
30. Copies of all police reports, incident reports and treatment records from any car
accident, trip and fall, and/or slip and fall accidents which occurred prior to the
incident(s) described in the Complaint, including documentation reflecting injuries
complained of and treatment received.
-4-
COLE, SCOTT, KISSANE, P.A.
BELFORT ROAD, SUITE 3(
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
CASE NO.: 2021-CA-4553
DIVISION: CV-D
31 Copies of all police reports, incident reports and treatment records from any car
accident, trip and fall, and/or slip and fall accidents which occurred subsequent to
the incident(s) described in the Complaint, including documentation reflecting
injuries complained of and treatment received.
32 Produce any and all documentation regarding the potential sale of the Plaintiffs
medical providers/practices/facilities medical account receivable to any third
parties for charges related to the treatment for injuries alleged as a result of the
incident described in the Complaint, including offers to sell, rights to purchase the
medical receivable at the sales price, authorizations to sell, contracts for the sale,
signing a release agreement or assignment of benefits for the sale, or any other
documentation regarding the sale, along with any written or electronic
correspondence regarding the potential sale of the aforementioned medical
factoring; or in the alternative, written authorization to obtain same.
33. Copies of all consent and authorization forms pertaining to any treatment received
by or discussed with the Plaintiff, including experimental procedures,
complications that may occur from surgical procedures, and authorizations to
release information pertaining to the above-named patient to other medical
professionals and third parties.
34. All literature, informational pamphlets, and articles in your possession that you
have for any treatment or procedures performed or recommended to you.
35. All disclosures provided to you pertaining to common ownership interests between
your treating provider(s) and all diagnostic clinics, MRI facilities, medical supply
companies, and referring medical practice groups.
36. All documentation relating to any vehicles involved in the accident, including but
not limited to Vehicle Registration Pages, Certificates of Title, car lease
documentation, or any other documentation that identifies the vehicle driven by the
plaintiff or any other vehicle involved in the accident.
37. Please produce all data from any fitness tracker from two (2) years prior to the
accident to present. Fitness tracker means any Fitbit, wearable fitness tracker,
applications on a cell phone or computer, Pelaton, or any other electronic device
that records physical activity. Please state the dates or approximate dates used.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 25th day of October, 2021, a true and correct
copy of the foregoing was filed with the Clerk of Duval County by using the Florida Courts
e-Filing Portal, which will send an automatic e-mail message to the following parties
-5-
COLE, SCOTT, KISSANE, P.A.
BELFORT ROAD, SUITE 3(
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
CASE NO.: 2021-CA-4553
DIVISION: CV-D
registered with the e-Filing Portal system: Amanda Thoele, Esq. Thoele & Drach, Attorney
for Plaintiff via amanda@thoeledrach.com, pleadings@thoeledrach.com.
COLE, SCOTT, KISSANE, P.A.
Counsel for Defendants STEVEN WEBSTER,
GERARD WEBSTER,JR.
4190 Belfort Road, Suite 300
Jacksonville, Florida 32216-1461
Telephone (904) 672-4099
Facsimile (904) 672-4050
Primary e-mail: trevor.hawes@csklegal.com;
brandi.stevens@csklegal.com
Secondary e-mail:
hannah.emerson@csklegal.com;
kimberly.dodgen@csklegal.com;
tammy.lewis@csklegal.com
By s/ Brandi N. Stevens
TREVOR G. HAWES
Florida Bar No.: 521531
BRANDI N. STEVENS
Florida Bar No.: 1010443
0781.0525-00
-6-
COLE, SCOTT, KISSANE, P.A.
BELFORT ROAD, SUITE 3(
JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX
Preview
Filing # 137164710 E-Filed 10/25/2021 10:10:24 AM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, INAND FOR DUVAL COUNTY, FLORIDA CASE NO.: 2021-CA-4553 DIVISION: CV-D SCOTT AKIN, STACEY AKIN, and ASHLEY AKIN , Plaintiffs, V. STEVEN WEBSTER, GERAD WEBSTER,JR., UBER TECHNOLOGIES, INC., RASIER, LLC, RASIER-CA,LLC, RASIER-DC,LLC, RASIER,-PA,LLC, RASIER-MT,LLC, and HINTER-NM,LLC, Defendants. / DEFENDANT'S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF, STACEY AKIN Defendant, STEVEN WEBSTER, by and through undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, requests that Plaintiff, STACEY AKIN, produce for inspection and/or copying the following documents, writings, papers and other data within thirty (30) days, at the offices of the undersigned attorneys for Defendant: Cole, Scott, Kissane, P.A., DEFENDANT’S FIRST SET OF REQUESTS TO PRODUCE TO PLAINTIFF, STACEY AKIN Copies of Plaintiffs Federal Income Tax Returns for the five years preceding the incident described in the Complaint to present. Proof of all earned income and proof of all non-earned income for the five years preceding the incident described in the Complaint to present. Photographs, video tapes or films in the possession, custody or control of the Plaintiff and/or Plaintiff's agents, servants or attorneys relative to the subject matter of this lawsuit, including but not limited to any photographs, video tapes or films COLE, SCOTT, KISSANE, P.A. 4190 BELFORT ROAD, SUITE 300 JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/25/2021 03:48:54 PM CASE NO.: 2021-CA-4553 DIVISION: CV-D recording Plaintiff's alleged injuries and the physical location where the incident described in the Complaint occurred. Copies of all medical, dental, hospital records and reports for the treatment of the Plaintiff for the injuries being claimed as a result of the incident described in the Complaint. Copies of all medical bills, nursing bills, drug bills, and any and all other bills relating to Plaintiff and the claims for damages, including copies of Letters of Protection, Private Financial Agreements and Private Pay Contracts, for treatment the Plaintiff underwent for injuries being claimed from the incident described in the Complaint, including the itemized bills which reflect all charges incurred, all payments received, all write-offs applied, and all letters of protection and contracts pertaining to the sale of the patient’s medical receivables. Complete copies of all records, to include x-rays, MRIs and any other diagnostic studies (including but not limited to original films), from any and all doctors, hospitals or other medical providers, therapist, consultants or any other person or entity that examined, treated and/or provided care or treatment to Plaintiff, for the past ten years. All written or oral statements of the Defendant, including, but not limited to, statements taken from agents, servants and/or employees of the Defendant in this lawsuit. All written or oral statements which Plaintiff intends to use at trial. All written or oral statements of any person or entity other than the requesting Defendant pertaining to the issues in this litigation, the substantial equivalent of which cannot be obtained by the Defendant without undue hardship. 10. Any written or oral other statements of parties or witnesses not produced in response to the preceding three paragraphs. 11 All documents supporting the claim for money damages in this lawsuit and not produced in response to the preceding paragraphs. 12 A report and Curriculum Vitae (CV) of each person whom the Plaintiff expects to call as an expert at the trial of this cause. 13 A report and Curriculum Vitae (CV) of each treating provider whom the Plaintiff treated with for injuries being claimed as a result of the incident described in the Complaint. -2- COLE, SCOTT, KISSANE, P.A. BELFORT ROAD, SUITE 3( JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX CASE NO.: 2021-CA-4553 DIVISION: CV-D 14. As to each type of insurance in force in favor of the Plaintiff, including, but not limited to, automobile insurance, life insurance, medical insurance, hospitalization insurance, Medicare, Medicaid, disability insurance, medical payments insurance, personal injury protection insurance, health insurance and accident insurance: a A copy of each such contract or policy; b The Identification Card of each such contract or policy; Cc. The Declarations Sheet of each such contract or policy; d Each and every application for benefits made by the Plaintiffs under any of the policies, whether pertaining to the incident which is the subject matter of this litigation or not; and All records of payments, checks, check stubs, memos and correspondence relating to payments made under any of the policies referred to above. 15 Letter authorizing the Social Security Administration as a collateral source to provide complete information and disclosure of any and all claims, disabilities or payments received by the plaintiff. Such letter should specify that the Social Security Administration is to release all documents protected under 5 U.S.C. § 552 (a); 42 U.S.C. § 1306 (a) and 20 F.R. § 401.300. 16. Five executed HIPAA authorization forms to allow the Defendant to obtain medical records and bills from the Plaintiff's treating providers. 17 Five executed authorizations pursuant to Florida § 381.026 to allow the Defendant to obtain an itemized statement and/or bill that contains the specific charges and expenses incurred by date for the Plaintiff to include the provider of such services and/or items, a description of such services and/or items, and any facility fee including the purpose of said facility fee and the itemized description of components that form the basis of said facility fee. 18. Any contract or agreement of any group, organization, partnership or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental or other health care services. 19. Any contractual or voluntary wage continuation plan provided by employers or any other system intended to provide wages during a period of disability. 20. All documents identified in Plaintiff's answers to Defendant's First Set of Interrogatories served contemporaneously herewith. 21 All documents which refer, or relate to evidence or reflect, any lawsuits other than the present lawsuit to which you have ever been a party in lifetime, whether as a plaintiff or defendant. -3- COLE, SCOTT, KISSANE, P.A. BELFORT ROAD, SUITE 3( JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX CASE NO.: 2021-CA-4553 DIVISION: CV-D 22 All documents which refer, or relate to evidence or reflect, any claim for benefits or compensation from any third party or any third party’s insurer which you have ever made in your lifetime, including any workers compensation claims. 23 Any and all diagnostic reports and films performed by any medical provider following the subject incident, including but not limited to MRIs, x-rays, ultrasounds, CT Scans and arthrograms. 24 Any and all diagnostic reports and films performed prior to the subject incident, including but not limited to MRIs, x-rays, ultrasounds, CT Scans and arthrograms. 25. All documents which refer or relate to, evidence or reflect, any motor vehicle accident, slip and fall, and trip and fall accident in which you have been involved in your lifetime, including but not limited to police reports, incident reports, correspondence, insurance records, and any medical records pertaining to such accidents. 26. Produce any and all Letters of Protection, Private Financial Agreements and Private Pay Contracts and/or any other promises of payment relating to or issued to any of the Plaintiff's medical providers/practices/facilities that provided treatment resulting from the injuries alleged as a result of the incident described in the Complaint, along with any written or electronic correspondence between the Plaintiff and the Plaintiff's medical providers/practices/facilities regarding the Letter of Protection, Private Financial Agreements and Private Pay Contracts and/or other promises of payment, including an explanation of the Plaintiff's obligations for medical charges and/or expenses incurred, including what will happen to the Plaintiff's outstanding charges if the case settles for less than the charge incurred or if there is a complete defense verdict. 27 Copies of any newspaper, or any other form of media, mention or discussion of the incident underlying this matter. 28. A copy of any and all Letters of Protection, Private Financial Agreements and Private Pay Contracts or other promises of payment entered into with any of Plaintiff's providers. 29. Any notes, memorandum, diaries, journals, blogs or other writings or accounts or memorialization related to this incident, regardless of format. 30. Copies of all police reports, incident reports and treatment records from any car accident, trip and fall, and/or slip and fall accidents which occurred prior to the incident(s) described in the Complaint, including documentation reflecting injuries complained of and treatment received. -4- COLE, SCOTT, KISSANE, P.A. BELFORT ROAD, SUITE 3( JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX CASE NO.: 2021-CA-4553 DIVISION: CV-D 31 Copies of all police reports, incident reports and treatment records from any car accident, trip and fall, and/or slip and fall accidents which occurred subsequent to the incident(s) described in the Complaint, including documentation reflecting injuries complained of and treatment received. 32 Produce any and all documentation regarding the potential sale of the Plaintiffs medical providers/practices/facilities medical account receivable to any third parties for charges related to the treatment for injuries alleged as a result of the incident described in the Complaint, including offers to sell, rights to purchase the medical receivable at the sales price, authorizations to sell, contracts for the sale, signing a release agreement or assignment of benefits for the sale, or any other documentation regarding the sale, along with any written or electronic correspondence regarding the potential sale of the aforementioned medical factoring; or in the alternative, written authorization to obtain same. 33. Copies of all consent and authorization forms pertaining to any treatment received by or discussed with the Plaintiff, including experimental procedures, complications that may occur from surgical procedures, and authorizations to release information pertaining to the above-named patient to other medical professionals and third parties. 34. All literature, informational pamphlets, and articles in your possession that you have for any treatment or procedures performed or recommended to you. 35. All disclosures provided to you pertaining to common ownership interests between your treating provider(s) and all diagnostic clinics, MRI facilities, medical supply companies, and referring medical practice groups. 36. All documentation relating to any vehicles involved in the accident, including but not limited to Vehicle Registration Pages, Certificates of Title, car lease documentation, or any other documentation that identifies the vehicle driven by the plaintiff or any other vehicle involved in the accident. 37. Please produce all data from any fitness tracker from two (2) years prior to the accident to present. Fitness tracker means any Fitbit, wearable fitness tracker, applications on a cell phone or computer, Pelaton, or any other electronic device that records physical activity. Please state the dates or approximate dates used. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 25th day of October, 2021, a true and correct copy of the foregoing was filed with the Clerk of Duval County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties -5- COLE, SCOTT, KISSANE, P.A. BELFORT ROAD, SUITE 3( JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX CASE NO.: 2021-CA-4553 DIVISION: CV-D registered with the e-Filing Portal system: Amanda Thoele, Esq. Thoele & Drach, Attorney for Plaintiff via amanda@thoeledrach.com, pleadings@thoeledrach.com. COLE, SCOTT, KISSANE, P.A. Counsel for Defendants STEVEN WEBSTER, GERARD WEBSTER,JR. 4190 Belfort Road, Suite 300 Jacksonville, Florida 32216-1461 Telephone (904) 672-4099 Facsimile (904) 672-4050 Primary e-mail: trevor.hawes@csklegal.com; brandi.stevens@csklegal.com Secondary e-mail: hannah.emerson@csklegal.com; kimberly.dodgen@csklegal.com; tammy.lewis@csklegal.com By s/ Brandi N. Stevens TREVOR G. HAWES Florida Bar No.: 521531 BRANDI N. STEVENS Florida Bar No.: 1010443 0781.0525-00 -6- COLE, SCOTT, KISSANE, P.A. BELFORT ROAD, SUITE 3( JACKSONVILLE, FLORIDA 32216-1461, - (904) 672-4100 (904) 672-4050 FAX