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IN THE SUPERIOR COURT OF PIERCE COUNTY
STATE OF GEORGIA
RHONDA CHURCH SCHEIL,
Plaintiff,
Vv.
CIVIL ACTION NO.
$UCA2023000079
DWIGHT YOUNG and
TWIN RIVERS TRUCKING, LLC, aep___jO-“_n 8
Defendants.
Deputy Clerk >
REQUEST FOR PRODUCTION OF DOCUMENTS TO A NON-PARTY
TO: Aiken Regional Medical Centers
Attention: Custodian of Records
302 University Pkwy
Aiken, SC 29801
Patient: Rhonda M. Church Scheil RECORDS MUST
DOB: 7122/1962 BE CERTIFIED
SSN: XXX-XX-9149
COME NOW Defendants (“defendant”), and serve this Request for Production of
Documents to a Non-Party. Pursuant to 0.C.G.A. §§ 9-11-26 and 9-11-34, you are requested to
produce certified copies of the documents described below to the undersigned counsel for
defendant at the law offices of Moseley Marcinak Law Group, LLP, P.O. Box 1688, Kennesaw,
GA 30156. 0.C.G.A. § 9-11-34(c)(2) specifically provides that you “shall promptly comply” with
this request where no objection is filed by you or any party to this action within twenty days of
this request. The cost of copying shall be paid by the undersigned counsel.
PREFACE
1
The requested documents pertain to RHONDA M. CHURCH SCHEIL.
2.
If you believe your facility has responsive documents which are confidential or proprietary
in nature, please do not voice a blanket objection and withhold such documents. Instead, please
assert the respective privilege and provide Defendant with your proposed Confidentiality Order or
discuss with counsel for Defendant. If a Confidentiality Order is not agreeable, please produce a
privilege log as required under the Civil Practice Act to permit Defendant the opportunity to assess
whether follow-up is needed.
3
If an objection is made, please state specifically whether you are withholding responsive
documents to your objection to permit Defendant the opportunity to assess whether follow-up is
needed.
REQUESTS FOR PRODUCTION OF DOCUMENTS
The documents you are requested to produce are as follows:
1 Certified copies of each and every record, office visit, chart, report, and/or note
reflecting treatment rendered to RHONDA M. CHURCH SCHEIL (hereinafter “Plaintiff”), for all
dates of service from January 1, 2000 through the present, including, but not limited to, office
admission records, all consents for treatment, patient self-assessments, problem lists, patient
information questionnaires, patient history forms, patient intake forms, counseling records,
psychiatric care, psychological care, sexual assault, alcohol abuse and/or drug abuse, results of
tests for all infectious diseases including AIDS/HIV, expert notes, and any and all administrative
documents and/or materials relating to the above-referenced patient, history and physicals, review
of systems, physician progress notes of any kind or nature whatsoever, all visits of any kind; all
surgeries of any kind; all pre-operative records; all post-operative records; all surgery discharge
records; all telephone records and messages of any kind; all referrals and requisitions to outside
healthcare providers and institutions; consultation reports/notes from other physicians of any kind
or nature whatsoever; nurse’s notes, nursing assessments, nursing flowsheets and technician notes;
all vital sign/graphic records; all prescription, pharmacy records and medication records of any
kind or nature whatsoever; all MRI, CT and x-ray reports, studies and films; all cardiology reports
and studies; all neurological reports and studies; all nutritional reports, studies and dietary records;
all insurance forms from all providers; all laboratory reports, including but not limited to drug and
alcohol testing results, vaccination records, pathology records/reports, tissue slides, tests of any
type or character, and reports thereof; all rehabilitation records; all documents of any kind filled
out or signed by the patient; all hospital records regarding any and all injuries of the patient
(regardless of the date of injury); all records from other healthcare providers (regardless of the date
of injury); all correspondence, office notes, facsimiles and/or writings of any kind and/or nature
pertaining to or in any way connected with your treatment, examination, evaluation and/or
professional association with Plaintiff and all other records relating to Plaintiff, medical care,
history, condition, treatment, diagnosis, prognosis, and/or etiology; and,
2 Certified copies of correspondence between any employee(s), staff member(s)
and/or physician(s) relating to or referencing in any way, the Plaintiff. This includes records of
any communication, written, verbal, or otherwise, with the Plaintiff, Plaintiffs legal counsel, or
any of Plaintiff's representative(s);
3 Certified copies of phone messages, medication list, pharmacy requests or any
documents utilized for providing care to said patient and any records received from any medical
provider, admission and discharge summaries;
4. Certified copies of every itemized office/medical bill, invoice, record of payment,
insurance information, Medicare/Medicaid information and/or any other documents reflecting
expenses related to or in any way connected with the medical records, treatment, examination,
evaluation and/or professional association with Plaintiff.
5 Certified Copies of all contracts, funding arrangements, assignments of rights,
letters of protection, pricing agreements, agreements to pay, liens, referral agreements,
contingency agreements, and any other legal instrument if applicable, between your facility and
any litigation funding company.
6 Certified Copies of any documents, agreements, contracts, and/or rate sheets, if
applicable, showing your insurance billing rates versus litigation billing rates' applied to your
treatment of RHONDA M. CHURCH SCHEIL for all dates of service.
You are believed to have possession, custody, or control of each of the foregoing
documents and records, which are relevant to the above-styled civil action and constitute
discoverable materials within the scope of the Georgia Civil Practice Act, O.C.G.A. § 9-11-26(b).
Ifyou have any reason to do so, you may object to this request by filing an objection in the
court in which this action is pending and by serving a copy of the objection upon the undersigned
counsel; you may then postpone the compliance of the request until the court rules on your
objection.
1 For purposes of this request, “litigation billing rates” refers to a distinct set of charges for services
for a patient being provided care while being represented by an attorney in regard to a pending claim
or active litigation—i.e., costs are subject to a lien, have been factored or sold, or have been paid for by
a funding company. “Insurance billing rates” refers to the distinct set of charges for services for a
patient who is not being represented by any attorney in regard to a pending claim or active litigation—
e., costs are paid by employer-based or government-based health insurance.
This 15" day of August, 2023.
MOSELEY MARCINAK LAw Group, LLP
¢s/ Donavan K. Eason
Blair J. Cash, Esq.
Georgia Bar No. 360457
blair.cash@momarlaw.com
Donavan K. Eason
Georgia Bar No. 487358
donavan.eason@momarlaw.com
Attorneys for Defendants
MOSELEY MaRCINAK LAw GrouP, LLP
P.O. Box 1688
Kennesaw, Georgia 30156
912-581-2900
470-480-7259 (Fax)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served a copy of the within and foregoing
document upon all parties to this matter by electronically serving this document via email pursuant
to O.C.G.A. § 9-11-5 (F) and/or U.S.C.R. 36.16(E) as follows:
Carson M. Alexander meo___[O-Y ,, a
carson@whalawoffice.com
William Alexander &GS.
wil@whalawoffice.com
Alexander & Alexander Deputy Clerk
222 Main Street
Barwell, SC 29812
This 15" day of August, 2023.
MOSELEY MARCINAK Law Group, LLP
/s/ Donavan K. Eason
Blair J. Cash, Esq.
Georgia Bar No. 360457
blair.cash@momarlaw.com
Donavan K. Eason
Georgia Bar No. 487358
donavan.eason@momarlaw.com
Attorneys for Defendants
MOSELEY MaRCINAK LAW Group, LLP
P.O. Box 1688
Kennesaw, Georgia 30156
912-581-2900
470-480-7259 (Fax)
DECLARATION OF AUTHENTICATION OF RECORDS
PURSUANT TO O.C.G.A_ 24-8-803(6) AND 24- 902(11
THE UNDERSIGNED certifies (1) that he/she is the custodian or other qualified person
responsible for keeping the records for AIKEN REGIONAL MEDICAL CENTERS; (2) that the
attached records are true and accurate copies of the records of AIKEN REGIONAL MEDICAL
CENTERS which were kept by/for AIKEN REGIONAL MEDICAL CENTERS REGARDING
RHONDA M. CHURCH SCHEIL (3) that the records were made at or near the time of the
occurrence of the matters set forth by, or from information transmitted by, a person with
knowledge of such matters; (4) that the records were kept in the course of the regularly conducted
activity; (5) that the records were made by the regularly conducted activity as a regular practice of
AIKEN REGIONAL MEDICAL CENTERS.
THE UNDERSIGNED further certifies that said records with this certificate were delivered
to Moseley Marcinak Law Group, LLP, attorneys for defendants, who sought production of these
records. It is further certified that no objection to this production has been served upon the
undersigned by or on behalf of any other party involved in said lawsuit.
This day of , 2023.
RECORDS CUSTODIAN FOR AIKEN
REGIONAL MEDICAL CENTERS
Sworn to and subscribed before me
this day of. 2023.
Notary Public:
My Commission Expires:
CERTIFICATION OF NO RECORDS
1
My name is and I am the Medical Records
Custodian for AIKEN REGIONAL MEDICAL CENTERS.
2.
In response to Defendants’ Request for Production of Documents on AIKEN REGIONAL
MEDICAL CENTERS, | conducted a diligent search for records relating to the treatment of
RHONDA M. CHURCH SCHEIL. I hereby certify that AIKEN REGIONAL MEDICAL
CENTERS has not treated or otherwise provided medical care for RHONDA M. CHURCH
SCHEIL and that AIKEN REGIONAL MEDICAL CENTERS has no records relating to
RHONDA M. CHURCH SCHEIL.
This day of , 2023.
RECORDS CUSTODIAN FOR AIKEN
REGIONAL MEDICAL CENTERS
Sworn to and subscribed before me
this day of. , 2023.
Notary Public:
My Commission Expires:
STATE OF SOUTH CAROLINA
ISSUED BY THE COMMON PLEAS COURT IN THE COUNTY OF AIKEN
RHONDA CHURCH SCHEIL, Plaintiff
v. SUBPOENA IN A CIVIL CASE
DWIGHT YOUNG and TWIN RIVERS TRUCKING Case Number: OA a Poa ORaAde
LLC, Defendants
Pending in AIKEN County
TO: Aiken Regional Medical Centers
(1 YOu ARE COMMANDED to appear in the above named court at the place, and time specified below to testify in the
above case.
PLACE OF TESTIMONY COURTROOM
DATE AND TIME
(1 YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE OF DEPOSITION DATE AND TIME
KX] YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects in
your possession, custody or control at the place, date and time specified below (list documents ofobjects
See Exhibit A attached
PLACE DATE AND TIME 15 days from receipt of
Moseley Marcinak Law Group
subpoena
Attn: Hoily A. Glasgow
PO Box 1688
Kennesaw, GA 30156
holly.glasgow@momarlaw.com
(J YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES DATE AND TIME : AM
ANY SUBPOENAED ORGANIZATION NOT A PARTY TO THIS {S HEREBY DIRECTED TO RULE 30(b)(6), SOUTH CAROLINA RULES OF
CIVIL PROCEDURE, TO FILE A DESIGNATION WITH THE COURT SPECIFYING ONE OR MORE OFFICERS, DIRECTORS, OR MANAGING
AGENTS, OR OTHER PERSONS WHO CONSENT TO TESTIFY ON ITS BEHALF, SHALL SET FORTH, FOR EACH PERSON DESIGNATED, THE
MATTERS ON WHICH HE WILL TESTIFY OR PRODUCE. DOCUMENTS OR THINGS. THE PERSON SO DESIGNATED TESTIFY AS TO
MATTERS KNOWN OR REASONABLY AVAILABLE TO THE ORGANIZATION
| CERTIFY THAT THE SUBPOENA IS ISSUED IN COMPLIANCE WITH RULE 45(c)(1}, AND THAT NOTICE AS REQUIRED BY RULE 45(0)(1) HAS BEEN
GIVEN TO ALL PARTIES.
{01026245-} SCCA 254 (05/2015) {See Rule 45, South
Carolina Rules of Civil Procedure. Parts (c) & {4}. on pages 2 and 3)
ets oe
Blair J. Cash, Attorney for Defendants
‘Attomey/lssuing Officer's Signature Date Print Name
Indicate if Attorney for Plaintiffor Defendant
Attomey's Address and Telephone Number:
0 Box 1688, Kennesaw, GA 30136: 9t2.581.2900; bf ir, cash:éémomarlaw com
A tath by
Clerk of Cou issuing Officer's Signétare
ude ic lo-4-a3
Date
Lobert J Harte
rint Name
bu} Perks pic
Pro Se Litigant’s Name. Address and Telephone Number:
PROOF OF SERVICE
SERVED DATE FEES AND MILEAGE TO BE TENDERED TO WITNESS UPON
DAILY ARRIVAL
PLACE
Oyves ONo AMOUNT $
SERVED ON
MANNER OF SERVICE
SERVED BY TITLE
DECLARATION OF SERVER
| certify that the foregoing information contained in the Proof of Service is true and correct.
Executed on
SIGNATURE OF SERVER
ADDRESS OF SERVER
Rule 45, South Carolina Rules of Civil Procedures, Parts (c) and (d):
(c) Protection of Persons Subject to Subpoenas,
(1) A pasty or an attomey responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or
expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party
of attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, fost earnings and a reasonable attomey's fee.
(2A) A person commanded to produce and permit inspection and copying of designated electronically stored information, books, papers, documents or
tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for
deposition, hearing or trial. A party or an attorney responsible for the issuance and service of a subpoena for production of books, papers and
documents without a deposition shall provide to another party copies of documents so produced upon written request. The party requesting copies shall
pay the reasonable costs of reproduction,
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the
subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party of attorney designated in the
subpoena written objection to inspection or copying of any or all of the designated materials or of the premises—or to producing electronically stored
information in the form or forms requested, If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or
inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the
subpoena may, upon notice to the person commanded to produce, move at any time in the court that issued the subpoena for an order to compel the
production. Such an order to compel production shail protect any person who is not a party or an officer of a party from significant expense resulting from
the inspection and copying commanded.
(3)(A) On timely motion, the court by which a subpoena was issued, or regarding a subpoena commanding appearance at a deposition, of production or
inspection directed to a non-party, the court in the county where the non-party resides, is employed or regularly transacts business in person, shall
quash or modify the subpoena if it:
{i) fails to allow reasonable time for compliance; or
(ii) requires a person who is not a pasty nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to
travel more than 50 miles from the county where that person resides, is employed or regularly transacts business in person, except that, subject to the
{01026245-} SCCA 254 (05/2015) (See Rule 45, South
Carvlina Rules of Civil Procedure. Parts (c) & (d}on ouees 2 and 3)
provisions of clause (c)(3)(BY(iii) of this rule, such a person may in order to attend trial be commanded to travel fram any such place within the state in
which the trial is held; or
(iii) requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) If a subpoena:
(i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the
expert's study made not at the request of any party, or
(iii) requires a person who is nat a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to
incur substantial expense to travel from the county where that person resides, is employed or regutarly transacts business in person, the court may, to
protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is Issued shows a
substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoona
is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
(d) Duties in Responding to Subpoena.
(1)(A)A person responding to a subpoena to produce documents shall produce them as they ase kept in the usual course of business or shall organize
and label them to correspond with the categories in the demand.
(8) ia subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce
the information in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) A person responding to a subpoena need not produce the same electronically stared information in more than one form.
(D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not
reasonably accessible because of undue burden or cost. On motion to compel discavery or to quash, the person from whom discovery is sought must
show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(6)(B). The court may specify
conditions for the discovery.
(2)(A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim
shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is
Sufficient to enable the demanding party to contest the claim,
(B) If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial preparation material, the person making
the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester,
or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may
promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being
jotified, the receiving party must take reasonable steps to retrieve the information. The person who produced the information must preserve the
information until the claim is resolved.
{01026245-} SCCA 254 (05/2015) (See Rule 45, South
Carolina Rates of Civil Procedure, Parts (c) & (d).on pages 2 and 3)