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Filing # 161684747 E-Filed 11/21/2022 06:52:49 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
CIVIL DIVISION
JAMES B. WRIGHT SR.,
Plaintiff,
Vv. Case No.: 2022-CA-004327
LAMPSTAND FOODS, LLC,
Defendant.
/
PLAINTIFF’S RESPONSE TO
DEFENDANT’S FIRST REQUESTS FOR PRODUCTION
Plaintiff, JAMES B. WRIGHT, SR., by and through undersigned counsel and in
accordance with the Florida Rules of Civil Procedure, hereby submits his Response to
Defendant’s First Requests for Production as follows:
DOCUMENTS TO BE PRODUCED
All documents relied upon, referred to, or identified in your Answers to Defendant’s First
Interrogatories to Plaintiff.
RESPONSE:
Plaintiff will produce any documents in his possession, custody, or control that are
responsive to this request.
All documents which relate in any way to your alleged employment with Defendant,
including, but not limited to: personnel records; policies; employment agreements;
agreements regarding compensation and/or benefits; job descriptions; paycheck stubs;
correspondence, including but not limited to all forms of electronic communications,
between you and Defendant or Defendant’s employees, agents or members; records
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/22/2022 09:54:11 PM
relating to any workplace claims, proceedings and/or benefits; records relating to any
time taken off from work; and any calendars, notebooks, diaries, logs, notes, journals
and/or written statements.
RESPONSE:
Documents responsive to this request are in the Defendant’s possession. Plaintiff will
produce any documents in his possession, custody, or control that are responsive to
this request.
All documents that Plaintiff obtained or removed from Defendant’s property, in any
manner, during or after her alleged employment with Defendant.
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff states:
None.
All documents that relate to your employment with any employer, other than Defendant,
in the five (5) years prior to your alleged employment with Defendant to the present date,
including but not limited to personnel records, business records, compensation,
employment agreements, employee handbooks, agreements regarding computation of
compensation, performance reviews, benefits descriptions, correspondence, your personal
diaries, calendars, logs, “daytimers,” notes, and/or written statements.
RESPONSE:
Objection, this request is overbroad and is not reasonably calculated to lead to the
discovery of admissible evidence. Without waiving this objection, Plaintiff will
produce W2(s) and/or proof of income subsequent and/or concurrent to Plaintiff's
employment with Defendant.
All documents that relate to any item of damages for which you intend to seek recovery
in your Complaint.
RESPONSE:
Plaintiff will produce any documents in his possession, custody, or control that are
responsive to this request.
All written or otherwise recorded statements or correspondence provided to you or your
agents by any person contacted or interviewed in connection with this matter by you or
on your behalf
RESPONSE:
Objection, this request calls for information protected under the attorney-client
privilege and/or the work product doctrine. Without waiving this objection, Plaintiff
states he has not yet interviewed any individuals nor has he obtained any
statements, reports, memoranda, or recording from any individuals.
All documents upon which the allegation in Paragraph 11 of your Complaint is based that
“Plaintiff suffers from a disability that qualifies as a handicap under the FCRA, and as
such, is a member of a protected class under the FCRA.”
RESPONSE:
Subject to the entry of a Confidentiality Order, Plaintiff will produce any medical
documents in his possession, custody, or control that are relevant and responsive to
this request.
All documents upon which the allegation in Paragraph 14 of your Complaint is based that
“ijn or around June 2021, Plaintiff requested eight weeks of leave due to a surgical
procedure he needed in connection with his handicap/disability.”
RESPONSE:
None. Plaintiff is not in possession of documents responsive to this request as
communication was verbal.
All documents, including medical records, upon which the allegation in your Complaint
is based that you had a “surgical procedure” in 2021.
RESPONSE:
Subject to the entry of a Confidentiality Order, Plaintiff will produce any
documents in his possession, custody, or control that are responsive to this request.
10 All documents upon which the allegation in Paragraph 15 of your Complaint is based that
“Defendant, through Plaintiff's supervisor, notified Plaintiff that his request for leave was
approved.”
RESPONSE:
None. Plaintiff is not in possession of documents responsive to this request as
communication was verbal.
11 All documents which relate to, refer to, describe, support, or controvert the allegations
against Defendant which you have asserted in your Complaint.
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff will
produce any documents in his possession, custody, or control that are responsive to
this request.
12 All e-mail or electronic forms of communications, including text or SMS messages,
either sent or received by you, from December 1, 2019, to the present, referencing the
facts alleged in your Complaint.
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff will
produce any documents in his possession, custody, or control that are responsive to
this request.
13. All text or SMS messages relating to the allegations in your Complaint between: (a) you
and any employee or former employee of Defendant; and (b) any employee or former
employee of Defendant and another employee or former employee of Defendant. The
time period covered by this Request is December 1, 2019, to the present.
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff will
produce any documents in his possession, custody, or control that are responsive to
this request.
14. All documents provided by you or your agents to any expert you or your agents have
contacted or interviewed in connection with your Complaint.
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff states he
has not consulted an expert in the cause, but reserves the right to do so in the future.
15 All diaries, “daytimers,” calendars, journals, logs, chronologies, or summaries of events
you have created or maintained while allegedly employed by Defendant to the present.
This Request specifically includes, but is not limited to any, notebook or computer or
mobile phone calendar used while employed by Defendant.
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff states:
None.
16 All documents, tapes, video, audio, or pictures that relate to any communications, oral or
written, regarding the allegations in your Complaint between: (a) you and any employee
or former employee of Defendant; or (b) any employee or former employee of Defendant
and another employee or former employee of Defendant.
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff will
produce any documents in his possession, custody, or control that are responsive to
this request.
17. All documents which constitute, embody, reflect, discuss, mention, or relate in any way
to any statements of witnesses or potential witnesses interviewed in connection with your
Complaint.
RESPONSE:
Objection, this request calls for information protected under the attorney-client
privilege and/or the work product doctrine. Without waiving this objection, Plaintiff
states he has not yet interviewed any individuals nor has he obtained any witness
statement at this time, however, Plaintiff reserves the right to do so in the future.
18 All documents which relate in any way to any charge of unlawful employment practices
filed by you against any person or entity, including Defendant, with the Department of
Labor, the Equal Employment Opportunity Commission (“EEOC”), the Florida
Commission on Human Relations (“FCHR”), or any other federal, state or local agency,
including, but not limited to, the following: the charge; any subsequent amended
charge(s); any determination or other decision rendered by the agency; any right-to-sue
letter issued by the agency to you; any written affidavit submitted by you (or on your
behalf) in support of such charge(s); any correspondence written by you or on your behalf
relating to the charge(s) or amended charges(s); as well as any and all other documents,
writings, memoranda or notes relating to such charge(s).
RESPONSE:
Plaintiff will produce any documents in his possession, custody, or control that are
responsive to this request.
19 All photographs, videos or other recordings that depict or relate to any of the events
described in your Complaint.
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff states:
None.
20. All documents which relate in any way to any lawsuit or administrative proceeding
(including workers’ compensation) of which you have been a party at any time, other
than the instant action, including, but not limited to, the following: any letters written by
you or on your behalf; any affidavits submitted by you; any depositions given by you;
any answers to interrogatories given by you; any other testimony or document provided
by you; and, any orders or judgments rendered by the court, agency, or tribunal during
the course of any such proceedings.
RESPONSE:
Objection, this request is overbroad and is not reasonably calculated to lead to the
discovery of admissible evidence. Without waiving this objection, Plaintiff states:
None.
21 All documents memorializing conversations between you and any other person which in
any way relate to your alleged employment or separation from alleged employment with
Defendant, or which in any way relate to the allegations in your Complaint.
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff will
produce any documents in his possession, custody, or control that are responsive to
this request.
22 All documents relating to any medical, psychiatric, or psychological treatment, therapy,
counseling and/or hospitalization you have had or undergone in the past five (5) years
(including, but not limited to, documents concerning any and all expenses for physical,
mental, psychiatric, psychological and/or emotional therapy, treatment, or hospitalization,
as well as reports, examinations, tests and evaluations conducted), including any such
treatment, therapy, counseling and/or hospitalization referenced in your Answers to
Defendant’s First Set of Interrogatories to Plaintiff.
RESPONSE:
Subject to the entry of a Confidentiality Order, Plaintiff will produce any medical
documents in his possession, custody, or control that are relevant and responsive to
this request.
23. Any documents which refer to, relate to, describe, or reflect income received by you from
July 19, 2021, to the present, including, but not limited to, your federal and state (if
applicable) income tax forms, payroll forms, and payroll stubs.
RESPONSE:
Objection, this request is overbroad and is not reasonably calculated to lead to the
discovery of admissible evidence. Without waiving this objection, Plaintiff will
produce W2(s) and/or proof of income subsequent and/or concurrent to Plaintiff's
employment with Defendant.
24 Your federal and state (if applicable) income tax returns, including all schedules thereto,
W-2 forms, 1099 forms, and all other documents which reflect income from any source
during the calendar years 2021 to the present.
RESPONSE:
Objection, this request is overbroad and is not reasonably calculated to lead to the
discovery of admissible evidence. Without waiving this objection, Plaintiff will
produce W2(s) and/or proof of income subsequent and/or concurrent to Plaintiff's
employment with Defendant.
25 All documents relating to your efforts to obtain employment from December 17, 2017, to
the present, including, but not limited to, copies of documents such as resumes,
applications, and inquiries you sent to prospective employers; documents which reflect
your job search efforts; and any responses received from any prospective employers.
RESPONSE:
Objection, this request is overbroad and is not reasonably calculated to lead to the
discovery of admissible evidence. Without waiving this objection, Plaintiff will
produce any documents in his possession relating to his attempts to obtain
employment subsequent to his employment with Defendant.
26 A copy of any and all claims submitted by you for unemployment compensation, Social
Security, or disability benefits from any federal, state or local agency and any documents
related thereto from July 19, 2021, to the present.
10
RESPONSE:
Objection, this request seeks documents protected by attorney-client privilege
and/or the work product doctrine. Without waiving this objection, Plaintiff will
produce any documents in his possession, custody, or control that are responsive to
this request.
27 From December 1, 2019, to the present, all Electronically Stored Information (“ESI”) in
your possession, custody, or control, that relates, pertains to, or references the allegations
in your Complaint, including liability and damages. This Request includes, without
limitation, all electronic communications and social media postings, including, e-mails
and attachments, instant messages, text messages, status updates, blogs, tweets, wikis,
forum and/or wall comments, causes joined, groups joined, activity streams, social media
communications of any kind (YouTube, Facebook, MySpace, Twitter, Google Plus,
LinkedIn and the like), voicemails, videos, word processing documents, calendars,
spreadsheets, Power Points and other presentations, databases, and archived data (PST
files, Zip files, backups, and the like). ESI that you have stored in an account with an
Internet provider, website, or telecommunication provider, is legally within your control,
and must be searched and produced even though it is not in your possession or located on
your personal computers. These include relevant ESI communications stored in your
Internet or email user accounts with AOL, Yahoo, Facebook, MySpace, MSN, Google,
Twitter, and the like, including both public and private areas of social media accounts.
You may also possess some or all of this information on your personal computers or
1
mobile devices, including Internet cache files on your personal computers, which you
should also search and produce where relevant.
This Request includes but is not limited to:
(a) Any ESI that reveals, refers, or relates to any emotion, feeling, or mental state, as
well as communications that reveal, refer, or relate to events that could reasonably
be expected to produce a significant emotion, feeling, or mental state, including
but not limited to, any reference of depression, anxiety, or mental disability;
(b) Any ESI that could be considered inconsistent with your allegations of emotional
distress or injury and/or that could indicate other potential causes of the emotional
distress or injury;
() Any ESI that references or is related to Defendant, your alleged employment with
Defendant, and/or your termination of alleged employment from Defendant; and
@ Any ESI that references or is related to your search for employment following
your termination of alleged employment from Defendant.
**Tnstructions for downloading Plaintiffs Facebook file are posted at
http://www. facebook.com/help/?faq=1 8842.
RESPONSE:
Objection, this request is overbroad and is not reasonably calculated to lead to the
discovery of admissible evidence. Without waiving this objection, Plaintiff states:
None.
28 All documents not otherwise requested above which refer or relate to the subject matter
of this action and/or the relief prayed for in your Complaint.
12
RESPONSE:
Plaintiff will produce any documents in his possession, custody, or control that are
responsive to this request.
29 Original Medical Records Authorization (Attachment “A”) signed by you for each and
every medical professional or hospital identified in your Answers to Interrogatory Nos. 8-
ll.
RESPONSE:
Subject to the entry of a Confidentiality Order, Plaintiff will produce any
documents in his possession, custody, or control that are responsive to this request.
30 A fully executed copy of your consent to release unemployment records from the
Department of Economic Opportunity (Attachment “B”).
RESPONSE:
See executed Department of Economic Opportunity (DEO) release.
31 Original Consent Form (Attachment “C”) signed by you to release any records identified
by you from the Social Security Administration.
RESPONSE:
Plaintiff objects to this request to the extent that it is overly-broad, not limited as to
time, seeks information not relevant to the claims or defenses in the pending
litigation and is not proportional to the needs of this case.
32 A completed Request for Transcript of Tax Return (Attachment “D”) to release tax
returns from the Internal Revenue Service.
13
RESPONSE:
Plaintiff objects to this request to the extent that it is overly-broad, not limited as to time,
seeks information not relevant to the claims or defenses in the pending litigation and is not
proportional to the needs of this case.
Dated this 21‘ day of November, 2022.
Respectfully submitted,
/s/ Ashwin R. Trehan
ASHWIN R. TREHAN
Florida Bar Number: 42675
WENZEL FENTON CABASSA P.A.
1110 N. Florida Avenue Suite 300
Tampa, FL 33602-3343
Main Number: (813) 224-0431
Direct Dial: (813) 774-3391
Facsimile: (813) 229-8712
Email: atrehan@wfclaw.com
Email: aketelsen@wfclaw.com
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 21* day of November, 2022, the foregoing was
served by electronic mail upon:
Benjamin D. Sharkey, Esq.
Jackson Lewis P.C.
501 Riverside Avenue
Suite 902
Jacksonville, FL 32202
Email: benjamin.sharkey@jacksonlewis.com
/s/ Ashwin R. Trehan
ASHWIN R. TREHAN
14
Preview
Filing # 161684747 E-Filed 11/21/2022 06:52:49 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CIVIL DIVISION JAMES B. WRIGHT SR., Plaintiff, Vv. Case No.: 2022-CA-004327 LAMPSTAND FOODS, LLC, Defendant. / PLAINTIFF’S RESPONSE TO DEFENDANT’S FIRST REQUESTS FOR PRODUCTION Plaintiff, JAMES B. WRIGHT, SR., by and through undersigned counsel and in accordance with the Florida Rules of Civil Procedure, hereby submits his Response to Defendant’s First Requests for Production as follows: DOCUMENTS TO BE PRODUCED All documents relied upon, referred to, or identified in your Answers to Defendant’s First Interrogatories to Plaintiff. RESPONSE: Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. All documents which relate in any way to your alleged employment with Defendant, including, but not limited to: personnel records; policies; employment agreements; agreements regarding compensation and/or benefits; job descriptions; paycheck stubs; correspondence, including but not limited to all forms of electronic communications, between you and Defendant or Defendant’s employees, agents or members; records ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/22/2022 09:54:11 PM relating to any workplace claims, proceedings and/or benefits; records relating to any time taken off from work; and any calendars, notebooks, diaries, logs, notes, journals and/or written statements. RESPONSE: Documents responsive to this request are in the Defendant’s possession. Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. All documents that Plaintiff obtained or removed from Defendant’s property, in any manner, during or after her alleged employment with Defendant. RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff states: None. All documents that relate to your employment with any employer, other than Defendant, in the five (5) years prior to your alleged employment with Defendant to the present date, including but not limited to personnel records, business records, compensation, employment agreements, employee handbooks, agreements regarding computation of compensation, performance reviews, benefits descriptions, correspondence, your personal diaries, calendars, logs, “daytimers,” notes, and/or written statements. RESPONSE: Objection, this request is overbroad and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, Plaintiff will produce W2(s) and/or proof of income subsequent and/or concurrent to Plaintiff's employment with Defendant. All documents that relate to any item of damages for which you intend to seek recovery in your Complaint. RESPONSE: Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. All written or otherwise recorded statements or correspondence provided to you or your agents by any person contacted or interviewed in connection with this matter by you or on your behalf RESPONSE: Objection, this request calls for information protected under the attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff states he has not yet interviewed any individuals nor has he obtained any statements, reports, memoranda, or recording from any individuals. All documents upon which the allegation in Paragraph 11 of your Complaint is based that “Plaintiff suffers from a disability that qualifies as a handicap under the FCRA, and as such, is a member of a protected class under the FCRA.” RESPONSE: Subject to the entry of a Confidentiality Order, Plaintiff will produce any medical documents in his possession, custody, or control that are relevant and responsive to this request. All documents upon which the allegation in Paragraph 14 of your Complaint is based that “ijn or around June 2021, Plaintiff requested eight weeks of leave due to a surgical procedure he needed in connection with his handicap/disability.” RESPONSE: None. Plaintiff is not in possession of documents responsive to this request as communication was verbal. All documents, including medical records, upon which the allegation in your Complaint is based that you had a “surgical procedure” in 2021. RESPONSE: Subject to the entry of a Confidentiality Order, Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 10 All documents upon which the allegation in Paragraph 15 of your Complaint is based that “Defendant, through Plaintiff's supervisor, notified Plaintiff that his request for leave was approved.” RESPONSE: None. Plaintiff is not in possession of documents responsive to this request as communication was verbal. 11 All documents which relate to, refer to, describe, support, or controvert the allegations against Defendant which you have asserted in your Complaint. RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 12 All e-mail or electronic forms of communications, including text or SMS messages, either sent or received by you, from December 1, 2019, to the present, referencing the facts alleged in your Complaint. RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 13. All text or SMS messages relating to the allegations in your Complaint between: (a) you and any employee or former employee of Defendant; and (b) any employee or former employee of Defendant and another employee or former employee of Defendant. The time period covered by this Request is December 1, 2019, to the present. RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 14. All documents provided by you or your agents to any expert you or your agents have contacted or interviewed in connection with your Complaint. RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff states he has not consulted an expert in the cause, but reserves the right to do so in the future. 15 All diaries, “daytimers,” calendars, journals, logs, chronologies, or summaries of events you have created or maintained while allegedly employed by Defendant to the present. This Request specifically includes, but is not limited to any, notebook or computer or mobile phone calendar used while employed by Defendant. RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff states: None. 16 All documents, tapes, video, audio, or pictures that relate to any communications, oral or written, regarding the allegations in your Complaint between: (a) you and any employee or former employee of Defendant; or (b) any employee or former employee of Defendant and another employee or former employee of Defendant. RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 17. All documents which constitute, embody, reflect, discuss, mention, or relate in any way to any statements of witnesses or potential witnesses interviewed in connection with your Complaint. RESPONSE: Objection, this request calls for information protected under the attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff states he has not yet interviewed any individuals nor has he obtained any witness statement at this time, however, Plaintiff reserves the right to do so in the future. 18 All documents which relate in any way to any charge of unlawful employment practices filed by you against any person or entity, including Defendant, with the Department of Labor, the Equal Employment Opportunity Commission (“EEOC”), the Florida Commission on Human Relations (“FCHR”), or any other federal, state or local agency, including, but not limited to, the following: the charge; any subsequent amended charge(s); any determination or other decision rendered by the agency; any right-to-sue letter issued by the agency to you; any written affidavit submitted by you (or on your behalf) in support of such charge(s); any correspondence written by you or on your behalf relating to the charge(s) or amended charges(s); as well as any and all other documents, writings, memoranda or notes relating to such charge(s). RESPONSE: Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 19 All photographs, videos or other recordings that depict or relate to any of the events described in your Complaint. RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff states: None. 20. All documents which relate in any way to any lawsuit or administrative proceeding (including workers’ compensation) of which you have been a party at any time, other than the instant action, including, but not limited to, the following: any letters written by you or on your behalf; any affidavits submitted by you; any depositions given by you; any answers to interrogatories given by you; any other testimony or document provided by you; and, any orders or judgments rendered by the court, agency, or tribunal during the course of any such proceedings. RESPONSE: Objection, this request is overbroad and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, Plaintiff states: None. 21 All documents memorializing conversations between you and any other person which in any way relate to your alleged employment or separation from alleged employment with Defendant, or which in any way relate to the allegations in your Complaint. RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 22 All documents relating to any medical, psychiatric, or psychological treatment, therapy, counseling and/or hospitalization you have had or undergone in the past five (5) years (including, but not limited to, documents concerning any and all expenses for physical, mental, psychiatric, psychological and/or emotional therapy, treatment, or hospitalization, as well as reports, examinations, tests and evaluations conducted), including any such treatment, therapy, counseling and/or hospitalization referenced in your Answers to Defendant’s First Set of Interrogatories to Plaintiff. RESPONSE: Subject to the entry of a Confidentiality Order, Plaintiff will produce any medical documents in his possession, custody, or control that are relevant and responsive to this request. 23. Any documents which refer to, relate to, describe, or reflect income received by you from July 19, 2021, to the present, including, but not limited to, your federal and state (if applicable) income tax forms, payroll forms, and payroll stubs. RESPONSE: Objection, this request is overbroad and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, Plaintiff will produce W2(s) and/or proof of income subsequent and/or concurrent to Plaintiff's employment with Defendant. 24 Your federal and state (if applicable) income tax returns, including all schedules thereto, W-2 forms, 1099 forms, and all other documents which reflect income from any source during the calendar years 2021 to the present. RESPONSE: Objection, this request is overbroad and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, Plaintiff will produce W2(s) and/or proof of income subsequent and/or concurrent to Plaintiff's employment with Defendant. 25 All documents relating to your efforts to obtain employment from December 17, 2017, to the present, including, but not limited to, copies of documents such as resumes, applications, and inquiries you sent to prospective employers; documents which reflect your job search efforts; and any responses received from any prospective employers. RESPONSE: Objection, this request is overbroad and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, Plaintiff will produce any documents in his possession relating to his attempts to obtain employment subsequent to his employment with Defendant. 26 A copy of any and all claims submitted by you for unemployment compensation, Social Security, or disability benefits from any federal, state or local agency and any documents related thereto from July 19, 2021, to the present. 10 RESPONSE: Objection, this request seeks documents protected by attorney-client privilege and/or the work product doctrine. Without waiving this objection, Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 27 From December 1, 2019, to the present, all Electronically Stored Information (“ESI”) in your possession, custody, or control, that relates, pertains to, or references the allegations in your Complaint, including liability and damages. This Request includes, without limitation, all electronic communications and social media postings, including, e-mails and attachments, instant messages, text messages, status updates, blogs, tweets, wikis, forum and/or wall comments, causes joined, groups joined, activity streams, social media communications of any kind (YouTube, Facebook, MySpace, Twitter, Google Plus, LinkedIn and the like), voicemails, videos, word processing documents, calendars, spreadsheets, Power Points and other presentations, databases, and archived data (PST files, Zip files, backups, and the like). ESI that you have stored in an account with an Internet provider, website, or telecommunication provider, is legally within your control, and must be searched and produced even though it is not in your possession or located on your personal computers. These include relevant ESI communications stored in your Internet or email user accounts with AOL, Yahoo, Facebook, MySpace, MSN, Google, Twitter, and the like, including both public and private areas of social media accounts. You may also possess some or all of this information on your personal computers or 1 mobile devices, including Internet cache files on your personal computers, which you should also search and produce where relevant. This Request includes but is not limited to: (a) Any ESI that reveals, refers, or relates to any emotion, feeling, or mental state, as well as communications that reveal, refer, or relate to events that could reasonably be expected to produce a significant emotion, feeling, or mental state, including but not limited to, any reference of depression, anxiety, or mental disability; (b) Any ESI that could be considered inconsistent with your allegations of emotional distress or injury and/or that could indicate other potential causes of the emotional distress or injury; () Any ESI that references or is related to Defendant, your alleged employment with Defendant, and/or your termination of alleged employment from Defendant; and @ Any ESI that references or is related to your search for employment following your termination of alleged employment from Defendant. **Tnstructions for downloading Plaintiffs Facebook file are posted at http://www. facebook.com/help/?faq=1 8842. RESPONSE: Objection, this request is overbroad and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, Plaintiff states: None. 28 All documents not otherwise requested above which refer or relate to the subject matter of this action and/or the relief prayed for in your Complaint. 12 RESPONSE: Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 29 Original Medical Records Authorization (Attachment “A”) signed by you for each and every medical professional or hospital identified in your Answers to Interrogatory Nos. 8- ll. RESPONSE: Subject to the entry of a Confidentiality Order, Plaintiff will produce any documents in his possession, custody, or control that are responsive to this request. 30 A fully executed copy of your consent to release unemployment records from the Department of Economic Opportunity (Attachment “B”). RESPONSE: See executed Department of Economic Opportunity (DEO) release. 31 Original Consent Form (Attachment “C”) signed by you to release any records identified by you from the Social Security Administration. RESPONSE: Plaintiff objects to this request to the extent that it is overly-broad, not limited as to time, seeks information not relevant to the claims or defenses in the pending litigation and is not proportional to the needs of this case. 32 A completed Request for Transcript of Tax Return (Attachment “D”) to release tax returns from the Internal Revenue Service. 13 RESPONSE: Plaintiff objects to this request to the extent that it is overly-broad, not limited as to time, seeks information not relevant to the claims or defenses in the pending litigation and is not proportional to the needs of this case. Dated this 21‘ day of November, 2022. Respectfully submitted, /s/ Ashwin R. Trehan ASHWIN R. TREHAN Florida Bar Number: 42675 WENZEL FENTON CABASSA P.A. 1110 N. Florida Avenue Suite 300 Tampa, FL 33602-3343 Main Number: (813) 224-0431 Direct Dial: (813) 774-3391 Facsimile: (813) 229-8712 Email: atrehan@wfclaw.com Email: aketelsen@wfclaw.com Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 21* day of November, 2022, the foregoing was served by electronic mail upon: Benjamin D. Sharkey, Esq. Jackson Lewis P.C. 501 Riverside Avenue Suite 902 Jacksonville, FL 32202 Email: benjamin.sharkey@jacksonlewis.com /s/ Ashwin R. Trehan ASHWIN R. TREHAN 14