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Filing # 140911593 E-Filed 12/23/2021 04:22:21 PM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND
FOR DUVAL COUNTY, FLORIDA
SCOTT AKIN, STACEY AKIN, AND CASE NO: 16-2021-CA-004553
ASHLEY AKIN, DIV: CV-D
Plaintiffs,
Vv.
STEVEN WEBSTER, GERARD WEBSTER, JR.,
UBER TECHNOLOGIES, INC., RASIER,
LLC, RASIER-CA, LLC, RASIER-DC, LLC,
RASIER-PA, LLC, RASIER-MT, LLC, and
HINTER-NM, LLC,
Defendants.
/
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO
DEFENDANT, RASIER-DC, LLC
COMES NOW the Plaintiffs, SCOTT AKIN, STACEY AKIN, AND ASHLEY AKIN,
by and through the undersigned attorney, and, pursuant to Rule 1.350, Florida Rules of Civil
Procedure, hereby request the Defendant, RASIER-DC, LLC, to produce for inspection and/or
copying by counsel for the Plaintiff(s) the following documents, which are to be emailed to
pleadings@thoeledrach.com on or before thirty (30) days after service hereof.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document was filed by Florida
Courts E-filing Portal and was electronically served pursuant Fla.R.Jud.Admin. 2.516 to the
parties/counsel on December 23, 2021.
THOELE | DRACH
BY /s/ Amanda Marie Thoele
Justin Seth Drach, Esq.
Florida Bar No. 103016
Email: justin@thoeledrach.com
Secondary email: pleadings@thoeledrach.com
Amanda Marie Thoele, Esq.
Florida Bar No. 75118
Email: amanda@thoeledrach.com
Secondary email: pleadings@thoeledrach.com
7545 Centurion Parkway, Suite 303
Jacksonville, FL 32256
Telephone: (904) 600-4384
Facsimile: (904) 306-1355
Attorneys for Plaintiffs
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/28/2021 11:42:17 AM
REQUE FOR PRODUCTION TO DEFENDANT
INSTRUCTIONS
1 These instructions and definitions should be construed to require responses based upon
the information available to complaint counsel as well as your attorneys, representatives,
investigators, and others acting on your behalf.
2. If you are unable to produce a document or property requested, state in writing why
you cannot produce the document or the property and, if your inability to produce the document
or the property is because it is not in your possession or the possession of a person from whom
you could obtain it, state the name, address, and telephone number of any person you believe may
have the original or a copy of any such document or property.
3. If you object to a portion or an aspect of any Request, state the grounds of your
objection with specificity and respond to the remainder of the Request.
4. If, in answering these Requests, you encounter any ambiguities when construing a
request, instruction, or definition, your response shall set forth the matter deemed ambiguous and
the construction used in responding. Where a claim of privilege is asserted in responding or
objecting to any discovery requested in these Requests and information is not provided on the basis
of such assertion, you shall, in your response or objection, identify the nature of the privilege
(including work product) which is being claimed. When any privilege is claimed, you shall
indicate, as to the information requested, whether (a) any documents exist, or (b) any
communications took place, and (c) also provide the following information for each such
document in a “privileged documents log” or similar format:
(a) the type of document;
(b) the general subject matter of the document;
(c) the date of the document;
(d) the author(s) of the document;
(e) the addressee(s) and any other recipient(s) of the document; and
(f) the custodian of the document, where applicable.
5 If the requested documents are maintained in a file, the file folder is included in
the request for production of those documents.
DEFINITIONS
Notwithstanding any definition below, each word, term, or phrase used in these Requests
is intended to have the broadest meaning as defined by the Florida Rules of Civil Procedure,
Black’s Law Dictionary and the Merriam Webster Dictionary.
A. The term “person” is defined as any natural person or any business, legal or
governmental entity or association.
B. The term “communication” means the transmittal of information by any means.
C. The terms “document” and “documents” are synonymous in meaning and includes,
without limitation, any written material, whether typed, handwritten, printed or otherwise, and
whether in draft or final form, of any kind or nature, or any photograph, photostat, microfilm or
other reproduction thereof, including, without limitation, each note, memorandum, letter,
telegram, telex, circular, release, article, report, prospectus, memorandum of any telephone or in-
person conversation, any financial statement, analysis, drawing, graph, chart, account, book,
notebook, draft, summary, diary, transcript, computer data base, computer printout or other
computer generated matter, contract or order, technical report, laboratory report or notebook,
engineering report, patent, registration or mark, application for a copyright, trademark or patent,
patent appraisal, infringement search or study, and all mechanical and electronic audio and video
recordings or transcripts thereof, and other data compilations from which information can be
obtained and translated; if necessary, by Defendant/Counter-Plaintiff(s) into reasonably usable
form. Electronic mail is included within the definition of the terms “document” or “documents.”
A draft or-non-identical copy is a separate document within the meaning of the term.
D. The term “relating” (or “relate”) shall mean: pertaining, describing, referring,
evidencing, reflecting, discussing, showing, supporting, contradicting, refuting, constituting,
embodying, containing, concerning, identifying, or in any way logically or factually connected
with the matter discussed.
E. The words “or” and “and” shall be read in the conjunctive and not in the
disjunctive wherever they appear, and neither of these words shall be interpreted to limit the
scope of a request. The use of a verb in any tense shall be construed as the use of the verb in all
other tenses and the singular form shall be deemed to include the plural, and vice-versa. The
singular form of any noun shall be deemed to include the plural, and vice-versa.
F. The present tense includes the past and future tenses. The singular includes the plural,
and the plural includes the singular. “All” means “any and all”; “any” means “any and all.”
“Including” means “including but not limited to.” “And” and “or” encompass both “and” and “or.”
Words in the masculine, feminine or neuter form shall include each of the other genders.
G. The term “crash” refers to the incident described in the Complaint.
REQUESTS FOR PRODUCTION
Any and all photographs of the vehicles involved in the subject accident;
Any and all photographs of the scene of the subject accident;
Any and all photographs taken of Plaintiff(s) at the scene of the subject accident;
Any and all photographs of injuries sustained by Plaintiff(s) or any other party as a
result of the crash;
Any and all photographs, maps, diagrams, drawings or other images of the scene of
the subject accident;
All statements of Plaintiff(s), whether written or recorded, at the time of or subsequent
to the suject accident;
All statements of any eyewitnesses to the subject accident or a privilege log
identifying those statements which are being withheld as required by the Florida
Rules;
Any and all copies of memoranda or interview summaries obtained by Defendant
from the Plaintiff(s) or any other witnesses or Defendants to this action.
All accident or incident reports concerning the subject accident, including the police
report, or in the alternative statements made by the Plaintiff(s) or the substance thereof.
In the event there is an objection on the basis of the work-product privilege, please
provide a privilege log identifying those withheld reports as required by the Florida
Rules;
10 Certified copies of any and all policies of insurance, insuring the Defendant on or
about the date of the incident described in the Complaint, which might inure to the
benefit of the Plaintiff(s) as a result of the subject accident;
11 Any and all repair estimates of the vehicles as described in the Complaint;
12. Any and all photographs, films, surveillance photographs, surveillance films, or other
such images taken of the Plaintiff(s). In the event there is an objection on the basis of
the work-product privilege, please provide a privilege log identifying those withheld
reports as required by the Florida Rules;
13. Any and all cell phone records from the date of the subject incident showing times
(and not substance) of cell phone calls made or received, the length of the calls, and
text messages made or received from the hour before to the hour following the subject
accident;
14. Any and all past medical records pertaining to Plaintiff(s) in Defendant’s possession
at this time;
15. Any and all information in Defendant’s possession with reference to any and all
prior or subsequent liablity claims Plaintiff(s) may have made for injuries or losses
sustained;
16 Any and all surveillance, surveillance photographs, movie films, video recordings,
drawings, sketches, or any other observations reduced to writing or film of the
following:
a. Plaintiff(s);
b Plaintiffs‘ residence(s);
c. Activities of Plaintiff(s); or
d Activities of Plaintiffs‘ family.
17 Any and all reports from any expert witness who has formed any opinion about any
facts related to the incident described in the Complaint taht Defendant intends to
introduce into evidence at trial;
18 All documents that you intend to offer into evidence at trial or for the purposes of
a dispositive motion to include partial summary judgment.
19 A copy of the driver qualification file for Defendant, STEVEN WEBSTER,
including employee’s application, list of previous employers for the 10 years
preceding the date of the application, reasons for leaving said employments,
medical examiner’s certificate, any notes showing when and who reviewed the
driver’s record with him for each year of employment, list of certificates showing
all violations of motor vehicle law and ordinances, responses from state agencies
and employers to your inquiries about his employment and driving records,
certificate of road test, records of drug and alcohol tests, and accident register
listing all DOT recordable preventable accident.
20. A copy of Defendant STEVEN WEBSTER’s personnel files.
21 Copies of the driver’s logs (i.e. record of duty stations) for Defendant STEVEN
WEBSTER for the six months preceding the subject collision.
22 Copy of the vehicle maintenance records for the motor vehicle involved in the
collision for the six months preceding the date of the collision.
23. Copy of all lease and trip lease contracts between you and the vehicle owner and
operator.
24. Copy of all trip reports.
25. Copy of the driver licenses of Defendant STEVEN WEBSTER.
26 All writings containing the result of any drug or alcohol test that was administered
to Defendant STEVEN WEBSTER after the collision.
27. Copy of all company manuals covering safety, maintenance, safety programs and
driver’s standards.
28 Copy of all records generated by on-board recording devices with which the vehicle
was equipped at the time of the collision.
29 Copies of all writings relating to disciplinary actions taken against Defendant
STEVEN WEBSTER for any reason.
30. Copy of all writing or printout generated by the on-board computer of the vehicle
involved in the collision.
31 Copy of all writing or printout generated by an on-board recorder or other type of
data recorder on the vehicle involved in the collision.
Preview
Filing # 140911593 E-Filed 12/23/2021 04:22:21 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA SCOTT AKIN, STACEY AKIN, AND CASE NO: 16-2021-CA-004553 ASHLEY AKIN, DIV: CV-D Plaintiffs, Vv. STEVEN WEBSTER, GERARD WEBSTER, JR., UBER TECHNOLOGIES, INC., RASIER, LLC, RASIER-CA, LLC, RASIER-DC, LLC, RASIER-PA, LLC, RASIER-MT, LLC, and HINTER-NM, LLC, Defendants. / PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANT, RASIER-DC, LLC COMES NOW the Plaintiffs, SCOTT AKIN, STACEY AKIN, AND ASHLEY AKIN, by and through the undersigned attorney, and, pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby request the Defendant, RASIER-DC, LLC, to produce for inspection and/or copying by counsel for the Plaintiff(s) the following documents, which are to be emailed to pleadings@thoeledrach.com on or before thirty (30) days after service hereof. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document was filed by Florida Courts E-filing Portal and was electronically served pursuant Fla.R.Jud.Admin. 2.516 to the parties/counsel on December 23, 2021. THOELE | DRACH BY /s/ Amanda Marie Thoele Justin Seth Drach, Esq. Florida Bar No. 103016 Email: justin@thoeledrach.com Secondary email: pleadings@thoeledrach.com Amanda Marie Thoele, Esq. Florida Bar No. 75118 Email: amanda@thoeledrach.com Secondary email: pleadings@thoeledrach.com 7545 Centurion Parkway, Suite 303 Jacksonville, FL 32256 Telephone: (904) 600-4384 Facsimile: (904) 306-1355 Attorneys for Plaintiffs ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/28/2021 11:42:17 AM REQUE FOR PRODUCTION TO DEFENDANT INSTRUCTIONS 1 These instructions and definitions should be construed to require responses based upon the information available to complaint counsel as well as your attorneys, representatives, investigators, and others acting on your behalf. 2. If you are unable to produce a document or property requested, state in writing why you cannot produce the document or the property and, if your inability to produce the document or the property is because it is not in your possession or the possession of a person from whom you could obtain it, state the name, address, and telephone number of any person you believe may have the original or a copy of any such document or property. 3. If you object to a portion or an aspect of any Request, state the grounds of your objection with specificity and respond to the remainder of the Request. 4. If, in answering these Requests, you encounter any ambiguities when construing a request, instruction, or definition, your response shall set forth the matter deemed ambiguous and the construction used in responding. Where a claim of privilege is asserted in responding or objecting to any discovery requested in these Requests and information is not provided on the basis of such assertion, you shall, in your response or objection, identify the nature of the privilege (including work product) which is being claimed. When any privilege is claimed, you shall indicate, as to the information requested, whether (a) any documents exist, or (b) any communications took place, and (c) also provide the following information for each such document in a “privileged documents log” or similar format: (a) the type of document; (b) the general subject matter of the document; (c) the date of the document; (d) the author(s) of the document; (e) the addressee(s) and any other recipient(s) of the document; and (f) the custodian of the document, where applicable. 5 If the requested documents are maintained in a file, the file folder is included in the request for production of those documents. DEFINITIONS Notwithstanding any definition below, each word, term, or phrase used in these Requests is intended to have the broadest meaning as defined by the Florida Rules of Civil Procedure, Black’s Law Dictionary and the Merriam Webster Dictionary. A. The term “person” is defined as any natural person or any business, legal or governmental entity or association. B. The term “communication” means the transmittal of information by any means. C. The terms “document” and “documents” are synonymous in meaning and includes, without limitation, any written material, whether typed, handwritten, printed or otherwise, and whether in draft or final form, of any kind or nature, or any photograph, photostat, microfilm or other reproduction thereof, including, without limitation, each note, memorandum, letter, telegram, telex, circular, release, article, report, prospectus, memorandum of any telephone or in- person conversation, any financial statement, analysis, drawing, graph, chart, account, book, notebook, draft, summary, diary, transcript, computer data base, computer printout or other computer generated matter, contract or order, technical report, laboratory report or notebook, engineering report, patent, registration or mark, application for a copyright, trademark or patent, patent appraisal, infringement search or study, and all mechanical and electronic audio and video recordings or transcripts thereof, and other data compilations from which information can be obtained and translated; if necessary, by Defendant/Counter-Plaintiff(s) into reasonably usable form. Electronic mail is included within the definition of the terms “document” or “documents.” A draft or-non-identical copy is a separate document within the meaning of the term. D. The term “relating” (or “relate”) shall mean: pertaining, describing, referring, evidencing, reflecting, discussing, showing, supporting, contradicting, refuting, constituting, embodying, containing, concerning, identifying, or in any way logically or factually connected with the matter discussed. E. The words “or” and “and” shall be read in the conjunctive and not in the disjunctive wherever they appear, and neither of these words shall be interpreted to limit the scope of a request. The use of a verb in any tense shall be construed as the use of the verb in all other tenses and the singular form shall be deemed to include the plural, and vice-versa. The singular form of any noun shall be deemed to include the plural, and vice-versa. F. The present tense includes the past and future tenses. The singular includes the plural, and the plural includes the singular. “All” means “any and all”; “any” means “any and all.” “Including” means “including but not limited to.” “And” and “or” encompass both “and” and “or.” Words in the masculine, feminine or neuter form shall include each of the other genders. G. The term “crash” refers to the incident described in the Complaint. REQUESTS FOR PRODUCTION Any and all photographs of the vehicles involved in the subject accident; Any and all photographs of the scene of the subject accident; Any and all photographs taken of Plaintiff(s) at the scene of the subject accident; Any and all photographs of injuries sustained by Plaintiff(s) or any other party as a result of the crash; Any and all photographs, maps, diagrams, drawings or other images of the scene of the subject accident; All statements of Plaintiff(s), whether written or recorded, at the time of or subsequent to the suject accident; All statements of any eyewitnesses to the subject accident or a privilege log identifying those statements which are being withheld as required by the Florida Rules; Any and all copies of memoranda or interview summaries obtained by Defendant from the Plaintiff(s) or any other witnesses or Defendants to this action. All accident or incident reports concerning the subject accident, including the police report, or in the alternative statements made by the Plaintiff(s) or the substance thereof. In the event there is an objection on the basis of the work-product privilege, please provide a privilege log identifying those withheld reports as required by the Florida Rules; 10 Certified copies of any and all policies of insurance, insuring the Defendant on or about the date of the incident described in the Complaint, which might inure to the benefit of the Plaintiff(s) as a result of the subject accident; 11 Any and all repair estimates of the vehicles as described in the Complaint; 12. Any and all photographs, films, surveillance photographs, surveillance films, or other such images taken of the Plaintiff(s). In the event there is an objection on the basis of the work-product privilege, please provide a privilege log identifying those withheld reports as required by the Florida Rules; 13. Any and all cell phone records from the date of the subject incident showing times (and not substance) of cell phone calls made or received, the length of the calls, and text messages made or received from the hour before to the hour following the subject accident; 14. Any and all past medical records pertaining to Plaintiff(s) in Defendant’s possession at this time; 15. Any and all information in Defendant’s possession with reference to any and all prior or subsequent liablity claims Plaintiff(s) may have made for injuries or losses sustained; 16 Any and all surveillance, surveillance photographs, movie films, video recordings, drawings, sketches, or any other observations reduced to writing or film of the following: a. Plaintiff(s); b Plaintiffs‘ residence(s); c. Activities of Plaintiff(s); or d Activities of Plaintiffs‘ family. 17 Any and all reports from any expert witness who has formed any opinion about any facts related to the incident described in the Complaint taht Defendant intends to introduce into evidence at trial; 18 All documents that you intend to offer into evidence at trial or for the purposes of a dispositive motion to include partial summary judgment. 19 A copy of the driver qualification file for Defendant, STEVEN WEBSTER, including employee’s application, list of previous employers for the 10 years preceding the date of the application, reasons for leaving said employments, medical examiner’s certificate, any notes showing when and who reviewed the driver’s record with him for each year of employment, list of certificates showing all violations of motor vehicle law and ordinances, responses from state agencies and employers to your inquiries about his employment and driving records, certificate of road test, records of drug and alcohol tests, and accident register listing all DOT recordable preventable accident. 20. A copy of Defendant STEVEN WEBSTER’s personnel files. 21 Copies of the driver’s logs (i.e. record of duty stations) for Defendant STEVEN WEBSTER for the six months preceding the subject collision. 22 Copy of the vehicle maintenance records for the motor vehicle involved in the collision for the six months preceding the date of the collision. 23. Copy of all lease and trip lease contracts between you and the vehicle owner and operator. 24. Copy of all trip reports. 25. Copy of the driver licenses of Defendant STEVEN WEBSTER. 26 All writings containing the result of any drug or alcohol test that was administered to Defendant STEVEN WEBSTER after the collision. 27. Copy of all company manuals covering safety, maintenance, safety programs and driver’s standards. 28 Copy of all records generated by on-board recording devices with which the vehicle was equipped at the time of the collision. 29 Copies of all writings relating to disciplinary actions taken against Defendant STEVEN WEBSTER for any reason. 30. Copy of all writing or printout generated by the on-board computer of the vehicle involved in the collision. 31 Copy of all writing or printout generated by an on-board recorder or other type of data recorder on the vehicle involved in the collision.