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Motion No. 5128982
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO...
November 3,2023 12:00
By: CHARLES D. SMITH 0022040
Confirmation Nbr. 3008621
FRED E. FAST CV 23 975856
vs.
Judge: JEFFREY P. SAFFOLD
SAIA MOTOR FREIGHT LINE LLC, FT AL.
Pages Filed: 20
Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 / CLDLJ
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
FRED E. FAST CASE NO. CV 23 975856
Plaintiff,
v. JUDGE SAFFOLD
SAIA MOTOR FREIGHT LINE LLC,
et al..
Defendants.
MOTION TO COMPEL DISCOVERY
OF DEFENDANT SAIA MOTOR FREIGHT LINE, LLC
Pursuant to Rule 37 of the Ohio Rules of Civil Procedure, Defendant, SAIA Motor
Freight Line, LLC (hereinafter “Defendant”), hereby moves this Court for an Order compelling
Plaintiff Fred E. Fast to respond to written discovery requests propounded on March 15, 2023.
Defendant also requests attorney fees incurred in obtaining the Order. The grounds in support of
this motion are set forth in the following memorandum.
Respectfully submitted,
/s/Charles D. Smith________________
Charles D. Smith (0022040)
Ryan E. Bonina (0079552)
C. D. Smith & Associates, LLC
1650 Lake Shore Dr., Suite 225
Columbus, Ohio 43204
614-221-3326
614-221-3336 facsimile
CSmith@charlesdsmithlaw.com
RBonina@charlesdsmithlaw.com
Attorneys for Defendant
Saia Motor Freight Line LLC
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MEMORANDUM IN SUPPORT
I. INTRODUCTION
This case arises from a workers’ compensation claim. On February 28, 2023, Plaintiff Fred
E. Fast (hereinafter Plaintiff’) filed a Complaint against Defendant and the Administrator of the
Bureau of Workers’ Compensation alleging a right to participate in Ohio’s workers’ compensation
fund. Trial in this case is set for March 13, 2024.
On March 15, 2023, Defendant propounded its First Set of Interrogatories and First Request
for Production of Documents to Plaintiff. See written discovery requests attached hereto as Exhibit
A. When responses were not timely received, counsel for Defendant wrote to Plaintiff’s counsel
on three separate occasions requesting Plaintiff’s responses. See correspondence dated August 9,
2023, October 6, 2023, and October 23, 2023, attached hereto as Exhibit B. Counsel for Defendant
explained that a Motion to Compel would be forthcoming if responses were not received. Id. To
date, Plaintiff has not provided any responses nor has Plaintiff’s counsel responded to the attached
correspondence.
Defendant now moves this court for an order compelling Plaintiff to provide it with
complete responses to the written discovery requests.
II. LAW AND ARGUMENT
Rule 37 of the Rules of Civil Procedure authorizes a party to move a court for an order
compelling responses to written discovery requests. This Rule also allows for the award of attorney
fees to the moving party incurred in obtaining the order. As set forth in detail above, Plaintiff has
failed to provide responses to Defendant’s First Set of Interrogatories and First Request for
Production of Documents, even after repeated requests by counsel for Defendant. As evidenced
by the attached correspondence, Defendant has attempted to resolve discovery issues without
Electronically Filed 11/03/2023 12:00 I MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ
involving this court, but has been unsuccessful. See correspondence attached hereto as Exhibit B.
As such. Defendant now requests that this court order Plaintiff to provide responses to the First
Set of Interrogatories and First Request for Production of Documents propounded on March 15,
2023. Defendant also requests that this Court order Plaintiff to pay attorney fees incurred in
obtaining the order.
III. CONCLUSION
For the foregoing reasons, Defendant respectfully requests that this court order Plaintiff to
provide responses to its written discovery requests and award attorney fees to it in obtaining this
order.
Respectfully submitted,
/s/Charles D. Smith_____ ___________
Charles D. Smith (0022040)
Ryan E. Bonina (0079552)
C. D. Smith & Associates, LLC
1650 Lake Shore Dr., Suite 225
Columbus, Ohio 43204
614-221-3326
614-221-3336 facsimile
CSmith@charlesdsmithlaw.com
RBonina@charlesdsmithlaw.com
Attorneys for Defendant
Saia Motor Freight Line LLC
Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the foregoing upon Mitchell Stern, 27730
Euclid Ave., Cleveland, Ohio 44132, attorney for the Plaintiff by electronic mail to
mstem@mitchellsternlaw.com, and Craig McClelland, Assistant Attorney General, Workers’
Compensation Section, 615 W. Superior Ave., Cleveland, Ohio, attorney for Defendant
Administrator, Bureau of Workers’ Compensation, by electronic mail to
Craig.McClelland@OhioAGO.gov, this 3rd day of November, 2023.
/s/ Charles D. Smith
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
FRED E. FAST CASE NO. CV 23 975856
Plaintiff,
v. JUDGE SAFFOLD
SAIA MOTOR FREIGHT LINE LLC,
et al.,
Defendants.
DEFENDANT SAIA MOTOR FREIGHT LINE LLC’S FIRST SET OF
INTERROGATORIES TO PLAINTIFF FRED E. FAST
Defendant, SAIA MOTOR FREIGHT LINE LLC, submits the following interrogatories to
Plaintiff, FRED E. FAST, to be answered in writing and under oath within 28 days in accordance with
and in the form prescribed by Rule 33 of the Ohio Rules of Civil Procedure. Plaintiff is to include all
information requested thereby as is known or is available to said Plaintiff, Plaintiff s agents and/or
representatives. The space provided for Plaintiff’s answer following each of the questions below is
furnished in compliance with Civil Rule 33, and is not intended to limit the response in any way or to
suggest the length of answer that is desired. Full and complete answers are requested. These
interrogatories are continuing and require supplementation, pursuant to Civil Rule 26, and are subject
to the provisions and sanctions of Rule 37 for failure to timely and properly respond.
Electronically Filed 11/03/2023 12:00 I MOTION I CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ
DEFINITIONS AND INSTRUCTIONS
A. As used herein, the following words will have the following meanings:
1. “You,” “your,” and “Plaintiff’ shall mean the Plaintiff, FRED E. FAST.
2. “Identify” shall mean with respect to any natural person to state his or her full name,
residential address, and telephone number.
3. “Identify” shall mean with respect to any physician, treatment facility, business
organization, corporation or other legal entity to state its full name, address, and
principal place of business.
B. All interrogatories should be answered based on the knowledge of the Plaintiff or any
of Plaintiff’s attorneys, agents, and representatives.
C. Where an interrogatory’ calls for the answer in more than one part, each part shall be separately
answered so as to be fully understandable.
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INTERROGATORIES
State your full name, current address, last four digits of social securin’ number, and date of
birth. '
Identify each and every person assisting in the preparation of the answers to these
interrogatories.
3. Identify each and every person whom Plaintiff intends to call as either a lay or expert witness
at trial and as to each state:
a. the subject matter upon which said witness is expected to testify,
b. whether said witness has produced or provided Plaintiff with any written or oral
report, analysis, opinion or other communication pertaining to this case or any issue in
this case.
4. Identify all exhibits that Plaintiff intends to use at trial.
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Identify, including any and all symptoms, each and every condition that Plaintiff intends to
prove at trial.
Identify the issue or question that Plaintiff intends to present to the Court and jury for
determination in this appeal.
7. For each condition identified in Interrogatory7 Number 5, state the date on which such
condition was first diagnosed and identify the person or persons who first diagnosed such
condition.
8. For each condition identified in Interrogatory7 Number 5, state how it relates to the incident
that occurred on or about January7 20, 2020.
9. Describe any7 prior or subsequent injuries and/or conditions relating to the conditions
recognized and the conditions alleged in Claim No. 20-109402.
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10. State whether or not you have been involved in any prior or subsequent accidents including
but not limited to, automobiles, trucks, recreational vehicles, or motorcycles, or other prior or
subsequent type of accident or incident whether at home or outside of the home and/or
industrial in nature, in which you sustained injuries, other than the incident which is the
subject matter of this lawsuit.
11. If the answer to the foregoing Interrogatory is yes, then for each accident, provide the
following:
a) . The date of the accident;
b) . The location of the accident;
c). The name and address of any other person involved;
d). A description of the injuries you sustained;
e). The name(s) and address(es) of each doctor or other medical personnel who
examined or treated you for injuries you sustained in the accident;
f). The name and address of each hospital and/or other medical facility to which you
were admitted and/or at which you were treated as a result of the accident; and
g). Whether the accident resulted in a claim or lawsuit.
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Identify all physicians or medical consultants who have treated you or provided any form of
medical care or service to you since 2018 and identify the condition for which treatment was
sought and the date of such treatment.
13. Identify all hospitals, clinics, or outpatient medical facilities where you have received any form
of medical care or service since 2018 and identify the condition or injury for which treatment
was sought and the dates of such treatment.
14. Identify all employers that you are currently working for or that you have worked for in the
past, including Defendant, and as to each state:
a. employer’s name and business address,
b. dates of employment for each employer,
nature of work or job duties, and job position or title, indicating if and when your
position or title changed.
d. name or description of department(s) where worked.
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name of immediate supervisor at each workplace.
reasons for departure or termination of employment.
g. workers compensation claim number(s), date(s) of injury, and nature of injury(ies)
15. Have you ever applied for Social Security Disability' benefits? If yes, please attach a copy’ of
the application and supporting medical documentation.
16. Are you currently’ receiving Social Security’ Disability’ benefits? If so, please state the amount
of such benefits and the date benefits began.
17. Have yrou ever received treatment from a Veterans Administration Outpatient Clinic or
Hospital? If so, please identify the facility’.
18. Have you ever applied for and received Unemployment Compensation? If so, please state the
dates that y’ou received such benefits.
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Identify all hobbies, sports, and any other activities you have participated in the past as well as
those in which you are currently involved.
20. Identify your spouse and any dependent children or other dependents.
Respectfully submitted,
/ s/Ryan E. Bonina________
Charles D. Smith (0022040)
Ryan E. Bonina (0079552)
C. D. Smith & Associates, LLC
1650 Lake Shore Dr., Suite 225
Columbus, Ohio 43204
614-221-3326
614-221-3336 Facsimile
CSmith@charlesdsmithlaw.com
RBonina@charlesdsmithlaw.com
Attorneysfor Defendant
SAIA Slotor Dreight Dine, LDC
Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ
VERIFICATION PAGE
I swear that the answers to these interrogatories are true to the best of mv knowledge.
Sworn to before me and subscribed in my presence this day of , 2023.
Notary7 Public
Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 / CLDLJ
IN THE COURT OF COMMON PT .F AS
CUYAHOGA COUNTY, OHIO
FRED E. FAST CASE NO. CV 23 975856
Plaintiff,
v. JUDGE SAFFOLD
SAIA MOTOR FREIGHT LINE LLC,
et al.,
Defendants.
DEFENDANT SAIA MOTOR FREIGHT LINE LLC’S FIRST REQUEST
FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF FRED E. FAST
Pursuant to Rule 34 of the Ohio Rules of Civil Procedure, Defendant SAIA MOTOR
FREIGHT LINE LLC, hereby requests that Plaintiff FRED E. FAST produce the following
documents for inspection and copying within twenty-eight (28) days of service hereof, at the offices of
Charles D. Smith & Associates, LLC, 1650 Lake Shore Dr., Suite 225, Columbus, Ohio, 43204, or at
any other time and place mutually agreed upon.
DEFINITIONS AND INSTRUCTIONS
A. The term document when used herein, means all originals of any nature whatsoever,
identical copies, and all non-identical copies thereof, pertaining to any medium upon which
intelligence or information is recorded in your possession, custody or control, regardless of
where located, including, without limiting the generality’ of the foregoing, punchcards, printout
sheets, movie film, slides, phonograph records, photographs, microfilm, notes, letters,
memoranda, ledgers, work sheets, books, magazines, notebooks, diaries, calendars,
appointment books, registers, charts, tables, papers, agreements, contracts, purchase orders,
acknowledgments, invoices, authorizations, budgets, analyses, projections, transcripts, minutes
of meetings of any kind, correspondence, telegrams, drafts, data processing discs or tapes, and
Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ
computer-produced interpretations thereof, x-rays, instructions, announcements, schedules,
price lists, and mechanical or electric sound recordings and transcripts thereof. In all cases,
where originals and/or non-identical copies are not available, document also means identical
copies of original documents and copies of non-idendcal copies.
B. All documents covered in this request shall be produced in an orderly manner, and
with appropriate markings or other identification, so that Defendant and its attorney will be
able to identify the source of the document, the file in which it was maintained, the person to
whom such file belongs, and the number of the request to which it responds.
C. In addition to the production of any medical records of any type which are requested
hereby, Plaintiff shall sign and return to Defendant’s attorney, the medical records release
authorization form attached in a timely manner so that Defendant may begin to collect these
documents.
DOCUMENTS TO BE PRODUCED
1. Any and all documents, including but not limited to calendars, diaries, notebooks, logs,
journals, correspondence and memoranda which pertain in any way to Plaintiffs work history.
2. The complete copy of any and all medical records and/or any other documents,
including but not limited to office records, x-rays, test results, consultation reports, and
correspondence, of each treating physician or other medical consultant seen by Plaintiff since
2018.
3. The complete copy of any and all medical records and/or any other documents,
including but not limited to charts, admitting and discharge summaries and/or reports, x-rays,
diagnostic and nuclear medicine studies and/or test results, consultation reports, and
correspondence, for each and evert7 hospitalization or outpatient treatment which Plaintiff has
undergone since 2018.
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4. Any and all documents and exhibits which Plaintiff intends to introduce as ey-idence at
trial.
5. Copies of any and all records and reports generated by the experts that Plaintiff
intends to call as witnesses at the trial of this case.
6. Copies of any and all personnel records or personal records and/or notes as pertains
to Plaintiff s employment with SAIA MOTOR FREIGHT LINE LLC, including, but not
limited to, employment applications, attendance records, employment physicals, dispensary
records, doctors’ records, health insurance records, disciplinary- records, unemployment
records, any and all correspondence between Plaintiff or Plaintiff s counsel and Employer,
Workers’ Compensation records including all medical reports and accident reports, and all
Social Security Disability- records.
7. Signed Release of Information as described in Definitions and Instructions (C).
Respectfully submitted,
Zs/Ryan E. Bonina _____ ______ __
Charles D. Smith (0022040)
Ryan E. Bonina (0079552)
C. D. Smith & Associates, LLC
1650 Lake Shore Dr., Suite 225
Columbus, Ohio 43204
614-221-3326
614-221-3336 Facsimile
CSmith@charlesdsmithlaw.com
RBonina@charlesdsmithlaw.com
Attorneysfor Defendant
SAIA MOTOR FREIGHT UNE EEC
Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975836 I Confirmation Nbr. 3008621 I CLDLJ
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the foregoing INTERROGATORIES and
REQUEST FOR PRODUCTION OF DOCUMENTS on Mitchell Stern, 27730 Euclid Ave.,
Cleveland, Ohio 44132, attorney for the Plaintiff by electronic mail mstern@mitchellsternlaw.com.
this 15™ day of March, 2023.
/ s/Ryan E. Bonina
Electronically Filed 11/03/2023 12:00 / MOTION I CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ
Bonina
From: Ryan Bonina
Sent: Monday, October 23, 2023 12:07 PM
To: mstern@mitchellsternlaw.com
Cc: Debbie Reynolds
Subject: RE: Fred Fast v. SAIA Motor Freight Line, et al.
Mitch, I'm writing one final time before preparing a motion to compel. Is there an update with respect to Mr. Fast's
discovery responses?
Thanks,
Ryan
Ryan E. Bonina
Charles D. Smith & Associates, LLC
1650 Lake Shore Drive
Suite 225
Columbus, Ohio 43204
614.545.9988 (direct)
614.221.3326 (main)
614.221.3336 (fax)
www.charlesdsmithlaw.com
Both Ryan Bonina and Charles D. Smith & Associates, LLC intend that this message be used exclusively by the addressee. This message may contain information that
is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have
received this communication in error, please permanently dispose of the original message and notify me immediately at 614-221-3326. Thank You.
From: Ryan Bonina
Sent: Friday, October 6, 2023 1:58 PM
To: mstern@mitchellsternlaw.com
Cc: Debbie Reynolds
Subject: RE: Fred Fast v. SAIA Motor Freight Line, et al.
Hi Mitch. Please let me know the status of Mr. Fast's discovery responses. My client has instructed me to file a motion to
compel if they are not received within 14 days.
Thanks,
Ryan
Ryan E. Bonina
Charles D. Smith & Associates, LLC
1650 Lake Shore Drive
Suite 225
Columbus, Ohio 43204
614'EeC?romo0lly Filed 11/03/2023 12:00 / MOTION / CV 23 975856 I Confirmation Nbr. 3008621 / CLDLJ
1
614.221.3326 (main)
614.221.3336 (fax)
www.charlesdsmithlaw.com
Both Ryan Bonina and Charles D. Smith & Associates, LLC intend that this message be used exclusively by the addressee. This message may contain information that
is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have
received this communication in error, please permanently dispose of the original message and notify me immediately at 614-221-3326. Thank You.
From: Ryan Bonina
Sent: Wednesday, August 9, 2023 1:16 PM
To: mstern@mitchellsternlaw.com
Cc: Debbie Reynolds
Subject: FW: Fred Fast v. SAIA Motor Freight Line, et al.
Hi Mitch. I'm following up on the discovery for this case sent in March. It is attached to this email for ease of reference.
Please let me know when to expect responses. Also, please send a settlement demand if Mr. Fast is so inclined. Please
note that his resignation from employment would be required as part of any full and final settlement.
Thanks,
Ryan
Ryan E. Bonina
Charles D. Smith & Associates, LLC
1650 Lake Shore Drive
Suite 225
Columbus, Ohio 43204
614.545.9988 (direct)
614.221.3326 (main)
614.221.3336 (fax)
www.charlesdsmithlaw.com
Both Ryan Bonina and Charles D. Smith & Associates, LLC intend that this message be used exclusively by the addressee. This message may contain information that
is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have
received this communication in error, please permanently dispose of the original message and notify me immediately at 614-221-3326. Thank You.
From: Ryan Bonina
Sent: Wednesday, March 15, 2023 11:37 AM
To: mstern@mitchellsternlaw.com
Cc: Debbie Reynolds
Subject: Fred Fast v. SAIA Motor Freight Line, et al.
Mitch, attached is Defendant-Employer's Answer being efiled today. Also attached is written discovery to Mr. Fast,
including a medical release. Please let me know if you have any problems with the attachments.
Thanks,
Electronically Filed 11/03/2023 12:00 I MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ
Ryan
Ryan E. Bonina
Charles D. Smith & Associates, LLC
1650 Lake Shore Drive
Suite 225
Columbus, Ohio 43204
614.545.9988 (direct)
614.221.3326 (main)
614.221.3336 (fax)
www.charlesdsmithlaw.com
Both Ryan Bonina and Charles D. Smith & Associates, LLC intend that this message be used exclusively by the addressee. This message may contain information that
is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have
received this communication in error, please permanently dispose of the original message and notify me immediately at 614-221-3326. Thank You.
Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ
Preview
Motion No. 5128982 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... November 3,2023 12:00 By: CHARLES D. SMITH 0022040 Confirmation Nbr. 3008621 FRED E. FAST CV 23 975856 vs. Judge: JEFFREY P. SAFFOLD SAIA MOTOR FREIGHT LINE LLC, FT AL. Pages Filed: 20 Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 / CLDLJ IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO FRED E. FAST CASE NO. CV 23 975856 Plaintiff, v. JUDGE SAFFOLD SAIA MOTOR FREIGHT LINE LLC, et al.. Defendants. MOTION TO COMPEL DISCOVERY OF DEFENDANT SAIA MOTOR FREIGHT LINE, LLC Pursuant to Rule 37 of the Ohio Rules of Civil Procedure, Defendant, SAIA Motor Freight Line, LLC (hereinafter “Defendant”), hereby moves this Court for an Order compelling Plaintiff Fred E. Fast to respond to written discovery requests propounded on March 15, 2023. Defendant also requests attorney fees incurred in obtaining the Order. The grounds in support of this motion are set forth in the following memorandum. Respectfully submitted, /s/Charles D. Smith________________ Charles D. Smith (0022040) Ryan E. Bonina (0079552) C. D. Smith & Associates, LLC 1650 Lake Shore Dr., Suite 225 Columbus, Ohio 43204 614-221-3326 614-221-3336 facsimile CSmith@charlesdsmithlaw.com RBonina@charlesdsmithlaw.com Attorneys for Defendant Saia Motor Freight Line LLC Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ MEMORANDUM IN SUPPORT I. INTRODUCTION This case arises from a workers’ compensation claim. On February 28, 2023, Plaintiff Fred E. Fast (hereinafter Plaintiff’) filed a Complaint against Defendant and the Administrator of the Bureau of Workers’ Compensation alleging a right to participate in Ohio’s workers’ compensation fund. Trial in this case is set for March 13, 2024. On March 15, 2023, Defendant propounded its First Set of Interrogatories and First Request for Production of Documents to Plaintiff. See written discovery requests attached hereto as Exhibit A. When responses were not timely received, counsel for Defendant wrote to Plaintiff’s counsel on three separate occasions requesting Plaintiff’s responses. See correspondence dated August 9, 2023, October 6, 2023, and October 23, 2023, attached hereto as Exhibit B. Counsel for Defendant explained that a Motion to Compel would be forthcoming if responses were not received. Id. To date, Plaintiff has not provided any responses nor has Plaintiff’s counsel responded to the attached correspondence. Defendant now moves this court for an order compelling Plaintiff to provide it with complete responses to the written discovery requests. II. LAW AND ARGUMENT Rule 37 of the Rules of Civil Procedure authorizes a party to move a court for an order compelling responses to written discovery requests. This Rule also allows for the award of attorney fees to the moving party incurred in obtaining the order. As set forth in detail above, Plaintiff has failed to provide responses to Defendant’s First Set of Interrogatories and First Request for Production of Documents, even after repeated requests by counsel for Defendant. As evidenced by the attached correspondence, Defendant has attempted to resolve discovery issues without Electronically Filed 11/03/2023 12:00 I MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ involving this court, but has been unsuccessful. See correspondence attached hereto as Exhibit B. As such. Defendant now requests that this court order Plaintiff to provide responses to the First Set of Interrogatories and First Request for Production of Documents propounded on March 15, 2023. Defendant also requests that this Court order Plaintiff to pay attorney fees incurred in obtaining the order. III. CONCLUSION For the foregoing reasons, Defendant respectfully requests that this court order Plaintiff to provide responses to its written discovery requests and award attorney fees to it in obtaining this order. Respectfully submitted, /s/Charles D. Smith_____ ___________ Charles D. Smith (0022040) Ryan E. Bonina (0079552) C. D. Smith & Associates, LLC 1650 Lake Shore Dr., Suite 225 Columbus, Ohio 43204 614-221-3326 614-221-3336 facsimile CSmith@charlesdsmithlaw.com RBonina@charlesdsmithlaw.com Attorneys for Defendant Saia Motor Freight Line LLC Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing upon Mitchell Stern, 27730 Euclid Ave., Cleveland, Ohio 44132, attorney for the Plaintiff by electronic mail to mstem@mitchellsternlaw.com, and Craig McClelland, Assistant Attorney General, Workers’ Compensation Section, 615 W. Superior Ave., Cleveland, Ohio, attorney for Defendant Administrator, Bureau of Workers’ Compensation, by electronic mail to Craig.McClelland@OhioAGO.gov, this 3rd day of November, 2023. /s/ Charles D. Smith Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO FRED E. FAST CASE NO. CV 23 975856 Plaintiff, v. JUDGE SAFFOLD SAIA MOTOR FREIGHT LINE LLC, et al., Defendants. DEFENDANT SAIA MOTOR FREIGHT LINE LLC’S FIRST SET OF INTERROGATORIES TO PLAINTIFF FRED E. FAST Defendant, SAIA MOTOR FREIGHT LINE LLC, submits the following interrogatories to Plaintiff, FRED E. FAST, to be answered in writing and under oath within 28 days in accordance with and in the form prescribed by Rule 33 of the Ohio Rules of Civil Procedure. Plaintiff is to include all information requested thereby as is known or is available to said Plaintiff, Plaintiff s agents and/or representatives. The space provided for Plaintiff’s answer following each of the questions below is furnished in compliance with Civil Rule 33, and is not intended to limit the response in any way or to suggest the length of answer that is desired. Full and complete answers are requested. These interrogatories are continuing and require supplementation, pursuant to Civil Rule 26, and are subject to the provisions and sanctions of Rule 37 for failure to timely and properly respond. Electronically Filed 11/03/2023 12:00 I MOTION I CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ DEFINITIONS AND INSTRUCTIONS A. As used herein, the following words will have the following meanings: 1. “You,” “your,” and “Plaintiff’ shall mean the Plaintiff, FRED E. FAST. 2. “Identify” shall mean with respect to any natural person to state his or her full name, residential address, and telephone number. 3. “Identify” shall mean with respect to any physician, treatment facility, business organization, corporation or other legal entity to state its full name, address, and principal place of business. B. All interrogatories should be answered based on the knowledge of the Plaintiff or any of Plaintiff’s attorneys, agents, and representatives. C. Where an interrogatory’ calls for the answer in more than one part, each part shall be separately answered so as to be fully understandable. Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ INTERROGATORIES State your full name, current address, last four digits of social securin’ number, and date of birth. ' Identify each and every person assisting in the preparation of the answers to these interrogatories. 3. Identify each and every person whom Plaintiff intends to call as either a lay or expert witness at trial and as to each state: a. the subject matter upon which said witness is expected to testify, b. whether said witness has produced or provided Plaintiff with any written or oral report, analysis, opinion or other communication pertaining to this case or any issue in this case. 4. Identify all exhibits that Plaintiff intends to use at trial. Electronically Filed 11/03/2023 12:00 / MOTION ICV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ Identify, including any and all symptoms, each and every condition that Plaintiff intends to prove at trial. Identify the issue or question that Plaintiff intends to present to the Court and jury for determination in this appeal. 7. For each condition identified in Interrogatory7 Number 5, state the date on which such condition was first diagnosed and identify the person or persons who first diagnosed such condition. 8. For each condition identified in Interrogatory7 Number 5, state how it relates to the incident that occurred on or about January7 20, 2020. 9. Describe any7 prior or subsequent injuries and/or conditions relating to the conditions recognized and the conditions alleged in Claim No. 20-109402. Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ 10. State whether or not you have been involved in any prior or subsequent accidents including but not limited to, automobiles, trucks, recreational vehicles, or motorcycles, or other prior or subsequent type of accident or incident whether at home or outside of the home and/or industrial in nature, in which you sustained injuries, other than the incident which is the subject matter of this lawsuit. 11. If the answer to the foregoing Interrogatory is yes, then for each accident, provide the following: a) . The date of the accident; b) . The location of the accident; c). The name and address of any other person involved; d). A description of the injuries you sustained; e). The name(s) and address(es) of each doctor or other medical personnel who examined or treated you for injuries you sustained in the accident; f). The name and address of each hospital and/or other medical facility to which you were admitted and/or at which you were treated as a result of the accident; and g). Whether the accident resulted in a claim or lawsuit. Electronically Filed 11/03/2023 12:00 I MOTION / CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ Identify all physicians or medical consultants who have treated you or provided any form of medical care or service to you since 2018 and identify the condition for which treatment was sought and the date of such treatment. 13. Identify all hospitals, clinics, or outpatient medical facilities where you have received any form of medical care or service since 2018 and identify the condition or injury for which treatment was sought and the dates of such treatment. 14. Identify all employers that you are currently working for or that you have worked for in the past, including Defendant, and as to each state: a. employer’s name and business address, b. dates of employment for each employer, nature of work or job duties, and job position or title, indicating if and when your position or title changed. d. name or description of department(s) where worked. Electronically Filed 11/03/2023 12:00 / MOTION I CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ name of immediate supervisor at each workplace. reasons for departure or termination of employment. g. workers compensation claim number(s), date(s) of injury, and nature of injury(ies) 15. Have you ever applied for Social Security Disability' benefits? If yes, please attach a copy’ of the application and supporting medical documentation. 16. Are you currently’ receiving Social Security’ Disability’ benefits? If so, please state the amount of such benefits and the date benefits began. 17. Have yrou ever received treatment from a Veterans Administration Outpatient Clinic or Hospital? If so, please identify the facility’. 18. Have you ever applied for and received Unemployment Compensation? If so, please state the dates that y’ou received such benefits. Electronically Filed 11/03/2023 12:00 / MOTION I CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ Identify all hobbies, sports, and any other activities you have participated in the past as well as those in which you are currently involved. 20. Identify your spouse and any dependent children or other dependents. Respectfully submitted, / s/Ryan E. Bonina________ Charles D. Smith (0022040) Ryan E. Bonina (0079552) C. D. Smith & Associates, LLC 1650 Lake Shore Dr., Suite 225 Columbus, Ohio 43204 614-221-3326 614-221-3336 Facsimile CSmith@charlesdsmithlaw.com RBonina@charlesdsmithlaw.com Attorneysfor Defendant SAIA Slotor Dreight Dine, LDC Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ VERIFICATION PAGE I swear that the answers to these interrogatories are true to the best of mv knowledge. Sworn to before me and subscribed in my presence this day of , 2023. Notary7 Public Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 / CLDLJ IN THE COURT OF COMMON PT .F AS CUYAHOGA COUNTY, OHIO FRED E. FAST CASE NO. CV 23 975856 Plaintiff, v. JUDGE SAFFOLD SAIA MOTOR FREIGHT LINE LLC, et al., Defendants. DEFENDANT SAIA MOTOR FREIGHT LINE LLC’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF FRED E. FAST Pursuant to Rule 34 of the Ohio Rules of Civil Procedure, Defendant SAIA MOTOR FREIGHT LINE LLC, hereby requests that Plaintiff FRED E. FAST produce the following documents for inspection and copying within twenty-eight (28) days of service hereof, at the offices of Charles D. Smith & Associates, LLC, 1650 Lake Shore Dr., Suite 225, Columbus, Ohio, 43204, or at any other time and place mutually agreed upon. DEFINITIONS AND INSTRUCTIONS A. The term document when used herein, means all originals of any nature whatsoever, identical copies, and all non-identical copies thereof, pertaining to any medium upon which intelligence or information is recorded in your possession, custody or control, regardless of where located, including, without limiting the generality’ of the foregoing, punchcards, printout sheets, movie film, slides, phonograph records, photographs, microfilm, notes, letters, memoranda, ledgers, work sheets, books, magazines, notebooks, diaries, calendars, appointment books, registers, charts, tables, papers, agreements, contracts, purchase orders, acknowledgments, invoices, authorizations, budgets, analyses, projections, transcripts, minutes of meetings of any kind, correspondence, telegrams, drafts, data processing discs or tapes, and Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ computer-produced interpretations thereof, x-rays, instructions, announcements, schedules, price lists, and mechanical or electric sound recordings and transcripts thereof. In all cases, where originals and/or non-identical copies are not available, document also means identical copies of original documents and copies of non-idendcal copies. B. All documents covered in this request shall be produced in an orderly manner, and with appropriate markings or other identification, so that Defendant and its attorney will be able to identify the source of the document, the file in which it was maintained, the person to whom such file belongs, and the number of the request to which it responds. C. In addition to the production of any medical records of any type which are requested hereby, Plaintiff shall sign and return to Defendant’s attorney, the medical records release authorization form attached in a timely manner so that Defendant may begin to collect these documents. DOCUMENTS TO BE PRODUCED 1. Any and all documents, including but not limited to calendars, diaries, notebooks, logs, journals, correspondence and memoranda which pertain in any way to Plaintiffs work history. 2. The complete copy of any and all medical records and/or any other documents, including but not limited to office records, x-rays, test results, consultation reports, and correspondence, of each treating physician or other medical consultant seen by Plaintiff since 2018. 3. The complete copy of any and all medical records and/or any other documents, including but not limited to charts, admitting and discharge summaries and/or reports, x-rays, diagnostic and nuclear medicine studies and/or test results, consultation reports, and correspondence, for each and evert7 hospitalization or outpatient treatment which Plaintiff has undergone since 2018. Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 9758J6 / Confirmation Nbr. 3008621 I CLDLJ 4. Any and all documents and exhibits which Plaintiff intends to introduce as ey-idence at trial. 5. Copies of any and all records and reports generated by the experts that Plaintiff intends to call as witnesses at the trial of this case. 6. Copies of any and all personnel records or personal records and/or notes as pertains to Plaintiff s employment with SAIA MOTOR FREIGHT LINE LLC, including, but not limited to, employment applications, attendance records, employment physicals, dispensary records, doctors’ records, health insurance records, disciplinary- records, unemployment records, any and all correspondence between Plaintiff or Plaintiff s counsel and Employer, Workers’ Compensation records including all medical reports and accident reports, and all Social Security Disability- records. 7. Signed Release of Information as described in Definitions and Instructions (C). Respectfully submitted, Zs/Ryan E. Bonina _____ ______ __ Charles D. Smith (0022040) Ryan E. Bonina (0079552) C. D. Smith & Associates, LLC 1650 Lake Shore Dr., Suite 225 Columbus, Ohio 43204 614-221-3326 614-221-3336 Facsimile CSmith@charlesdsmithlaw.com RBonina@charlesdsmithlaw.com Attorneysfor Defendant SAIA MOTOR FREIGHT UNE EEC Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975836 I Confirmation Nbr. 3008621 I CLDLJ CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing INTERROGATORIES and REQUEST FOR PRODUCTION OF DOCUMENTS on Mitchell Stern, 27730 Euclid Ave., Cleveland, Ohio 44132, attorney for the Plaintiff by electronic mail mstern@mitchellsternlaw.com. this 15™ day of March, 2023. / s/Ryan E. Bonina Electronically Filed 11/03/2023 12:00 / MOTION I CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ Bonina From: Ryan Bonina Sent: Monday, October 23, 2023 12:07 PM To: mstern@mitchellsternlaw.com Cc: Debbie Reynolds Subject: RE: Fred Fast v. SAIA Motor Freight Line, et al. Mitch, I'm writing one final time before preparing a motion to compel. Is there an update with respect to Mr. Fast's discovery responses? Thanks, Ryan Ryan E. Bonina Charles D. Smith & Associates, LLC 1650 Lake Shore Drive Suite 225 Columbus, Ohio 43204 614.545.9988 (direct) 614.221.3326 (main) 614.221.3336 (fax) www.charlesdsmithlaw.com Both Ryan Bonina and Charles D. Smith & Associates, LLC intend that this message be used exclusively by the addressee. This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify me immediately at 614-221-3326. Thank You. From: Ryan Bonina Sent: Friday, October 6, 2023 1:58 PM To: mstern@mitchellsternlaw.com Cc: Debbie Reynolds Subject: RE: Fred Fast v. SAIA Motor Freight Line, et al. Hi Mitch. Please let me know the status of Mr. Fast's discovery responses. My client has instructed me to file a motion to compel if they are not received within 14 days. Thanks, Ryan Ryan E. Bonina Charles D. Smith & Associates, LLC 1650 Lake Shore Drive Suite 225 Columbus, Ohio 43204 614'EeC?romo0lly Filed 11/03/2023 12:00 / MOTION / CV 23 975856 I Confirmation Nbr. 3008621 / CLDLJ 1 614.221.3326 (main) 614.221.3336 (fax) www.charlesdsmithlaw.com Both Ryan Bonina and Charles D. Smith & Associates, LLC intend that this message be used exclusively by the addressee. This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify me immediately at 614-221-3326. Thank You. From: Ryan Bonina Sent: Wednesday, August 9, 2023 1:16 PM To: mstern@mitchellsternlaw.com Cc: Debbie Reynolds Subject: FW: Fred Fast v. SAIA Motor Freight Line, et al. Hi Mitch. I'm following up on the discovery for this case sent in March. It is attached to this email for ease of reference. Please let me know when to expect responses. Also, please send a settlement demand if Mr. Fast is so inclined. Please note that his resignation from employment would be required as part of any full and final settlement. Thanks, Ryan Ryan E. Bonina Charles D. Smith & Associates, LLC 1650 Lake Shore Drive Suite 225 Columbus, Ohio 43204 614.545.9988 (direct) 614.221.3326 (main) 614.221.3336 (fax) www.charlesdsmithlaw.com Both Ryan Bonina and Charles D. Smith & Associates, LLC intend that this message be used exclusively by the addressee. This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify me immediately at 614-221-3326. Thank You. From: Ryan Bonina Sent: Wednesday, March 15, 2023 11:37 AM To: mstern@mitchellsternlaw.com Cc: Debbie Reynolds Subject: Fred Fast v. SAIA Motor Freight Line, et al. Mitch, attached is Defendant-Employer's Answer being efiled today. Also attached is written discovery to Mr. Fast, including a medical release. Please let me know if you have any problems with the attachments. Thanks, Electronically Filed 11/03/2023 12:00 I MOTION / CV 23 975856 / Confirmation Nbr. 3008621 I CLDLJ Ryan Ryan E. Bonina Charles D. Smith & Associates, LLC 1650 Lake Shore Drive Suite 225 Columbus, Ohio 43204 614.545.9988 (direct) 614.221.3326 (main) 614.221.3336 (fax) www.charlesdsmithlaw.com Both Ryan Bonina and Charles D. Smith & Associates, LLC intend that this message be used exclusively by the addressee. This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify me immediately at 614-221-3326. Thank You. Electronically Filed 11/03/2023 12:00 / MOTION / CV 23 975856 I Confirmation Nbr. 3008621 I CLDLJ