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Filing # 166406161 E-Filed 02/08/2023 02:52:59 PM
IN THE CIRCUIT COURT, FIFTH
JUDICIAL CIRCUIT, IN AND FOR
LAKE COUNTY, FLORIDA.
CASE NO.: 2022-CA-002134
MELISSA MAGLIO,
an individual,
Plaintiff,
vs.
DOLGENCORP, LLC,
a Foreign Limited Liability Company
Defendant.
/
PLAINTIFF’S RESPONSE TO DEFENDANT’S FIRST REQUEST TO PRODUCE
Plaintiff, MELISSA MAGLIO, by and through the undersigned attorneys and pursuant to
Florida Rules of Civil Procedure, hereby Responds to Defendant’s First Request for Production
as follows:
1 All medical records, reports, opinions, office records, radiological films and other
written memorandum from doctors, nurses or other medical practitioners in your possession.
RESPONSE: All in plaintiffs possession attached.
2. All medical bills, hospital bills, prescription bills, and/or statements for medical
services, devices and/or medications incurred to date allegedly relating to the subject incident.
RESPONSE: All in plaintiff’s possession attached.
3 All documents which show any letters of protection which you have entered into
with any medical providers as a result of the subject incident.
RESPONSE: None in plaintiff’s Possession.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 02/08/2023 02:56:13 PM
4 Copies of Plaintiff’s federal income tax returns for the five (5) years before the
subject incident through the present, including all attachments (W-2s, W-4s, 1099s, etc.). If not
in possession, please execute the attached authorization for the years stated and return the
original so that said returns can be obtained from the Internal Revenue Service.
RESPONSE: Objection. Plaintiff is not making a wage loss claim. This request is vague,
overbroad, and not reasonably tailored.
5 Any and all records, written memoranda, letters, correspondence, or statements
which reflect or support any amount of lost wages, time lost from work, and/or or lost earning
capacity due to injuries allegedly suffered as a result of the subject incident.
RESPONSE: None in plaintiff’s Possession.
6 Copies of any claims which may have been made by the Plaintiff with the Florida
Department of Unemployment Compensation or similar department of other states, for benefits
paid or payable to the Plaintiff for the injuries and/or damages allegedly suffered as a result of the
subject incident.
RESPONSE: All in plaintiffs possession attached.
7
Any documents which constitute, evidence, or reflect any special damages Plaintiff
alleges to have suffered as a result of the subject incident for which Plaintiff is seeking
compensation, other than medical bills and lost wages.
RESPONSE: All in plaintiff’s possession attached.
8 Photographs of the area in which Plaintiff claims the subject incident occurred.
RESPONSE: All in plaintiffs possession attached.
9 Photographs of the Plaintiff following the subject incident purporting to show or
depict injuries allegedly sustained as a result of the subject incident.
RESPONSE: All in plaintiffs possession attached.
10. All statements concerning this action, or the subject matter of this action made by
the Plaintiff.
RESPONSE: None in plaintiff’s possession.
ll. All statements concerning this action, or the subject matter of this action made by
the Defendants and/or the Defendants’ agents, servants, and employees.
RESPONSE: None in plaintiff’s possession.
12. All statements concerning this action, or the subject matter of this action made by
any witness.
RESPONSE: None in plaintiff’s possession.
13. Plaintiff's driver’s license or state issued photo identification card.Plaintiff’s
insurance card(s) for any health insurance in effect at the time of the alleged accident and since
that time.
RESPONSE: All in plaintiff’s possession attached.
14. Any statements from providers of collateral source payments which assert a right
to subrogation or reimbursement pursuant to Florida Statutes.
RESPONSE: None in plaintiffs possession. Discovery is ongoing.
15. If applicable, a copy of any Medicare card that has been issued to you; any
communication(s) from Medicare that you are entitled to or will become eligible for Medicare
benefits; any and all claim(s) and/or application(s).
RESPONSE: None in plaintiffs possession.
16. All reports received from any experts the Plaintiff intends to call at the time of trial
and copies of all documents the experts have reviewed in preparation for rendering any opinions
in this case.
RESPONSE: None in plaintiffs possession.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed via
the eFiling Portal and furnished electronically to all counsel of record, on this 8th day of
February 2023
LAW OFFICES OF NOONEY, ROBERTS, HEWETT &
NOWICKI
/s/ Lisa M. Nommensen
Lisa M. Nommensen, Esq.
Florida Bar No.: 124203
Lisa@NRHNLaw.com
1680 Emerson Street
Jacksonville, FL 32207
Phone: (904) 398-1992
Fax: (904) 858-9943
Attorney for Plaintiff
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Filing # 166406161 E-Filed 02/08/2023 02:52:59 PM IN THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA. CASE NO.: 2022-CA-002134 MELISSA MAGLIO, an individual, Plaintiff, vs. DOLGENCORP, LLC, a Foreign Limited Liability Company Defendant. / PLAINTIFF’S RESPONSE TO DEFENDANT’S FIRST REQUEST TO PRODUCE Plaintiff, MELISSA MAGLIO, by and through the undersigned attorneys and pursuant to Florida Rules of Civil Procedure, hereby Responds to Defendant’s First Request for Production as follows: 1 All medical records, reports, opinions, office records, radiological films and other written memorandum from doctors, nurses or other medical practitioners in your possession. RESPONSE: All in plaintiffs possession attached. 2. All medical bills, hospital bills, prescription bills, and/or statements for medical services, devices and/or medications incurred to date allegedly relating to the subject incident. RESPONSE: All in plaintiff’s possession attached. 3 All documents which show any letters of protection which you have entered into with any medical providers as a result of the subject incident. RESPONSE: None in plaintiff’s Possession. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 02/08/2023 02:56:13 PM 4 Copies of Plaintiff’s federal income tax returns for the five (5) years before the subject incident through the present, including all attachments (W-2s, W-4s, 1099s, etc.). If not in possession, please execute the attached authorization for the years stated and return the original so that said returns can be obtained from the Internal Revenue Service. RESPONSE: Objection. Plaintiff is not making a wage loss claim. This request is vague, overbroad, and not reasonably tailored. 5 Any and all records, written memoranda, letters, correspondence, or statements which reflect or support any amount of lost wages, time lost from work, and/or or lost earning capacity due to injuries allegedly suffered as a result of the subject incident. RESPONSE: None in plaintiff’s Possession. 6 Copies of any claims which may have been made by the Plaintiff with the Florida Department of Unemployment Compensation or similar department of other states, for benefits paid or payable to the Plaintiff for the injuries and/or damages allegedly suffered as a result of the subject incident. RESPONSE: All in plaintiffs possession attached. 7 Any documents which constitute, evidence, or reflect any special damages Plaintiff alleges to have suffered as a result of the subject incident for which Plaintiff is seeking compensation, other than medical bills and lost wages. RESPONSE: All in plaintiff’s possession attached. 8 Photographs of the area in which Plaintiff claims the subject incident occurred. RESPONSE: All in plaintiffs possession attached. 9 Photographs of the Plaintiff following the subject incident purporting to show or depict injuries allegedly sustained as a result of the subject incident. RESPONSE: All in plaintiffs possession attached. 10. All statements concerning this action, or the subject matter of this action made by the Plaintiff. RESPONSE: None in plaintiff’s possession. ll. All statements concerning this action, or the subject matter of this action made by the Defendants and/or the Defendants’ agents, servants, and employees. RESPONSE: None in plaintiff’s possession. 12. All statements concerning this action, or the subject matter of this action made by any witness. RESPONSE: None in plaintiff’s possession. 13. Plaintiff's driver’s license or state issued photo identification card.Plaintiff’s insurance card(s) for any health insurance in effect at the time of the alleged accident and since that time. RESPONSE: All in plaintiff’s possession attached. 14. Any statements from providers of collateral source payments which assert a right to subrogation or reimbursement pursuant to Florida Statutes. RESPONSE: None in plaintiffs possession. Discovery is ongoing. 15. If applicable, a copy of any Medicare card that has been issued to you; any communication(s) from Medicare that you are entitled to or will become eligible for Medicare benefits; any and all claim(s) and/or application(s). RESPONSE: None in plaintiffs possession. 16. All reports received from any experts the Plaintiff intends to call at the time of trial and copies of all documents the experts have reviewed in preparation for rendering any opinions in this case. RESPONSE: None in plaintiffs possession. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the eFiling Portal and furnished electronically to all counsel of record, on this 8th day of February 2023 LAW OFFICES OF NOONEY, ROBERTS, HEWETT & NOWICKI /s/ Lisa M. Nommensen Lisa M. Nommensen, Esq. Florida Bar No.: 124203 Lisa@NRHNLaw.com 1680 Emerson Street Jacksonville, FL 32207 Phone: (904) 398-1992 Fax: (904) 858-9943 Attorney for Plaintiff