Preview
Filing # 184923427 E-Filed 10/27/2023 02:06:11 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
LATONYA STEPHENS, as Personal
Representative of the Estate of
JESSIE O. WALKER, a/k/a JESSIE M.
WALKER, deceased, CASE NO: 2022-CA-002112
Plaintiff,
v.
CLARENCE W. BIVENS (sic), JR. and
CURTINE BIVENS (sic),
Defendants.
___________________________________/
DEFENDANTS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF
Defendants, CLARENCE BIVINS and CURTINE BIVINS, request that Plaintiff,
LATONYA STEPHENS, as Personal Representative of the Estate of Jessie O. Walker, a/k/a
Jessie M. Walker (hereinafter “WALKER”), in accordance with the Florida Rules of Civil
Procedure, produce the items listed on the attached Exhibit “A” for inspection and/or copying at
the office of Boyette, Cummins & Nailos, PLLC, 1635 East Highway 50, Suite 300, Clermont,
Florida 34711, within thirty (30) days of service of this request.
DEFINITIONS
1. As used herein, the terms "you" and "your" shall refer to LATONYA
STEPHENS, and her attorneys, agents, representatives, predecessors and successors in interest,
officers, directors, partners, assignees, transferees, employees, servants, parent and subsidiary
companies, affiliated companies, partnerships and all other natural persons or business or legal
entities acting or purporting to act for or on behalf of LATONYA STEPHENS.
2. As used herein, the term "documents" includes all materials within the
scope of Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure and shall mean all
writings of every kind, source and authorship, (including, but not limited to photographs,
Defendant’s First Request to Produce
Stephens v. Bivins
1
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 10/27/2023 02:07:23 PM
statements, records, reports, memorandums, communications, and the like), both originals and all
nonidentical copies thereof, in your actual or constructive possession, custody, care, or control,
or known by you to exist, irrespective of whether the writing is one intended for or transmitted
internally by you, or intended for or transmitted to any other person or entity, including without
limitation any government agency, department, administrative, or private entity or person. The
term shall include handwritten, typewritten, printed, photocopied, photographic, or recorded
matter, and electronic, mechanical, or electric records or representations of any kind, including
without limitation, tapes, cassettes, cartridges, discs, chips, and records. It shall include
communications in words, symbols, pictures, sound recordings, films, tapes, and information
stored in, or accessible through, computer or other information storage or retrieval systems,
together with the codes and/or programming instructions and other materials necessary to
understand and use such systems. A document is deemed to be in your actual or constructive
possession, custody, care, or control if you either have physical possession of the item or have
the right, authority or ability to obtain the document.
3. "Person": The term "person" shall include individuals, associations, agents,
representatives, partnerships, corporations, and any other type of entity or institution whether
formed for business purposes or any other purposes.
4. "Identify" or any tense derived thereto:
(a) When used in reference to a person, "identify" means to state his or her
full name, present or last known residence address, present or last known business
address and telephone number.
(b) When used in reference to a communication, "identify" means to state the
date and place of the communication, the persons who participated in it, all documents
relating to it, whether the communication was oral, and if oral, the substance of the
communication.
5. "Communication" means any contact, oral or written, formal or informal, by
which information of any nature was transmitted, transferred, or exchanged, and includes any
oral or written statement, dialogue, discussion, conversation, and any transfer of data by
electronic or similar means.
6. The term "related to" means associated with, pertaining to, connected to,
Defendant’s First Request to Produce
Stephens v. Bivins
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correlated with, describes, regards, refers or concerns.
INSTRUCTIONS FOR ANSWERING
1. The documents requested for production include those in the possession,
custody, or control of Plaintiff, their agents, employees, officers, directors, representatives, and
attorneys.
2. Unless otherwise indicated, these Requests refer to the time, place, and
circumstances of the occurrences described in Plaintiff’s Complaint.
3. Copies, if authenticated, of the original documents may be supplied in
response.
4. Each Request refers to all documents that are either known by Plaintiff to
exist or that can be located or discovered by reasonably diligent efforts by Plaintiff.
5. In the event you decline to produce any document requested here on the basis
of a claim of privilege or claim of work product protection, please provide the following:
(i) Identify and describe the document by date, authority, addressee, signatory,
subject, and length;
(ii) State the privilege relied upon and the facts supporting such claim;
(iii) Identify all persons who have or have had access to or received a copy of the
documents or any portion thereof.
6. If the documents requested in this Request for Production are unavailable
because they have been destroyed, identify which documents were destroyed, by date, author,
addressee, and subject matter; state when the documents were destroyed and why; and state
further the identity of the person who ordered them destroyed together with the reason for their
destruction.
7. Should the Plaintiff object to any part of this Request for Production,
compliance therewith shall be made to the extent deemed unobjectionable.
8. The time frame for such documents, unless otherwise indicated is from 2016
to present.
9. These document requests are continuing in nature; if after responding to the
Requests, the Plaintiff obtains or becomes aware of any further documents responsive to these
Requests, a supplementary response is required.
Defendant’s First Request to Produce
Stephens v. Bivins
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EXHIBIT A
DOCUMENTS AND ITEMS TO BE PRODUCED:
1. All written statements made by Plaintiff or WALKER that pertain to this lawsuit.
2. All written statements made by any person(s) identified as a beneficiary in the
Petition for Administration filed in Lake County, Case No. 2020-CP-00095, that pertain to
this lawsuit.
3. All documents which refer to, or relate to, or evidence, any communication
between Plaintiff and WALKER regarding any of the issues presented by the Plaintiff’s
Complaint in this matter.
4. All documents which refer to, or relate to, or evidence, any communication
between WALKER and any person(s) identified as a beneficiary in the Petition for
Administration filed in Lake County, Case No. 2020-CP-00095, that pertain to this lawsuit.
5. All documents which refer to, or relate to, or evidence, any communication
between Plaintiff and any person(s) identified as a beneficiary in the Petition for
Administration filed in Lake County, Case No. 2020-CP-00095, that pertain to this lawsuit
6. All oral statements made by Plaintiff or WALKER that pertain to this lawsuit
which were either recorded or taped on an electronic device or recorder.
7. All oral statements made by any person(s) identified as a beneficiary in the
Petition for Administration filed in Lake County, Case No. 2020-CP-00095, that pertain to
this lawsuit which were either recorded or taped on an electronic device or recorder.
8. All documents filed with any state, county, city, federal or governmental agency,
institution or department containing information regarding or relating to WALKER.
9. All medical records, doctor or hospital records, reports or medical documents of
any kind containing information about WALKER and/or relating the medical or physical
condition of WALKER.
10. All documents that, in any way, support your contention that WALKER was a
vulnerable adult.
11. All documents that, in any way, support your contention that WALKER’S
“failing heart was impacting her overall wellbeing, making her increasingly vulnerable”.
12. All medical records of, pertaining to, or belonging to WALKER that you
Defendant’s First Request to Produce
Stephens v. Bivins
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reviewed.
13. All estate planning documents, including but not limited to deeds, power of
attorney(s), last will and testament, advance directives of, pertaining to, belonging to, or in
the name of WALKER.
14. Any documents which refer or relate to, or evidence, any of the allegations of the
Complaint including, but not limited to, those documents you intend to introduce into
evidence or use in any manner during the course of this litigation, including trial.
15. All records, documents, or other items that support the allegations contained in
your lawsuit.
16. A list identifying all persons, including but not limited to medical professionals,
who have treated, evaluated, or assessed WALKER’S physical, mental, or emotional
condition.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have furnished a true and correct copy of the foregoing via
Florida Courts E-filing Portal, to Joseph Shoemaker, Esq., Bogin, Munns, & Munns, @
jshoemaker@boginmunns.com; nschultz@boginmunns.com; and bmservice@boginmunns.com,
this 27th day of October, 2023.
BOYETTE, CUMMINS & NAILOS, PLLC
/s Michelle Bottex_______________
MICHELLE C. BOTTEX, ESQUIRE
Florida Bar No: 15030
1635 East Highway 50, Suite 300
Clermont, Florida 34711
Telephone: (352) 394-2103
Facsimile: (352) 394-2105
MBottex@BCNLawFirm.com
Attorneys for Defendants
Defendant’s First Request to Produce
Stephens v. Bivins
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Preview
Filing # 184923427 E-Filed 10/27/2023 02:06:11 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA LATONYA STEPHENS, as Personal Representative of the Estate of JESSIE O. WALKER, a/k/a JESSIE M. WALKER, deceased, CASE NO: 2022-CA-002112 Plaintiff, v. CLARENCE W. BIVENS (sic), JR. and CURTINE BIVENS (sic), Defendants. ___________________________________/ DEFENDANTS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF Defendants, CLARENCE BIVINS and CURTINE BIVINS, request that Plaintiff, LATONYA STEPHENS, as Personal Representative of the Estate of Jessie O. Walker, a/k/a Jessie M. Walker (hereinafter “WALKER”), in accordance with the Florida Rules of Civil Procedure, produce the items listed on the attached Exhibit “A” for inspection and/or copying at the office of Boyette, Cummins & Nailos, PLLC, 1635 East Highway 50, Suite 300, Clermont, Florida 34711, within thirty (30) days of service of this request. DEFINITIONS 1. As used herein, the terms "you" and "your" shall refer to LATONYA STEPHENS, and her attorneys, agents, representatives, predecessors and successors in interest, officers, directors, partners, assignees, transferees, employees, servants, parent and subsidiary companies, affiliated companies, partnerships and all other natural persons or business or legal entities acting or purporting to act for or on behalf of LATONYA STEPHENS. 2. As used herein, the term "documents" includes all materials within the scope of Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure and shall mean all writings of every kind, source and authorship, (including, but not limited to photographs, Defendant’s First Request to Produce Stephens v. Bivins 1 FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 10/27/2023 02:07:23 PM statements, records, reports, memorandums, communications, and the like), both originals and all nonidentical copies thereof, in your actual or constructive possession, custody, care, or control, or known by you to exist, irrespective of whether the writing is one intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including without limitation any government agency, department, administrative, or private entity or person. The term shall include handwritten, typewritten, printed, photocopied, photographic, or recorded matter, and electronic, mechanical, or electric records or representations of any kind, including without limitation, tapes, cassettes, cartridges, discs, chips, and records. It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. A document is deemed to be in your actual or constructive possession, custody, care, or control if you either have physical possession of the item or have the right, authority or ability to obtain the document. 3. "Person": The term "person" shall include individuals, associations, agents, representatives, partnerships, corporations, and any other type of entity or institution whether formed for business purposes or any other purposes. 4. "Identify" or any tense derived thereto: (a) When used in reference to a person, "identify" means to state his or her full name, present or last known residence address, present or last known business address and telephone number. (b) When used in reference to a communication, "identify" means to state the date and place of the communication, the persons who participated in it, all documents relating to it, whether the communication was oral, and if oral, the substance of the communication. 5. "Communication" means any contact, oral or written, formal or informal, by which information of any nature was transmitted, transferred, or exchanged, and includes any oral or written statement, dialogue, discussion, conversation, and any transfer of data by electronic or similar means. 6. The term "related to" means associated with, pertaining to, connected to, Defendant’s First Request to Produce Stephens v. Bivins 2 correlated with, describes, regards, refers or concerns. INSTRUCTIONS FOR ANSWERING 1. The documents requested for production include those in the possession, custody, or control of Plaintiff, their agents, employees, officers, directors, representatives, and attorneys. 2. Unless otherwise indicated, these Requests refer to the time, place, and circumstances of the occurrences described in Plaintiff’s Complaint. 3. Copies, if authenticated, of the original documents may be supplied in response. 4. Each Request refers to all documents that are either known by Plaintiff to exist or that can be located or discovered by reasonably diligent efforts by Plaintiff. 5. In the event you decline to produce any document requested here on the basis of a claim of privilege or claim of work product protection, please provide the following: (i) Identify and describe the document by date, authority, addressee, signatory, subject, and length; (ii) State the privilege relied upon and the facts supporting such claim; (iii) Identify all persons who have or have had access to or received a copy of the documents or any portion thereof. 6. If the documents requested in this Request for Production are unavailable because they have been destroyed, identify which documents were destroyed, by date, author, addressee, and subject matter; state when the documents were destroyed and why; and state further the identity of the person who ordered them destroyed together with the reason for their destruction. 7. Should the Plaintiff object to any part of this Request for Production, compliance therewith shall be made to the extent deemed unobjectionable. 8. The time frame for such documents, unless otherwise indicated is from 2016 to present. 9. These document requests are continuing in nature; if after responding to the Requests, the Plaintiff obtains or becomes aware of any further documents responsive to these Requests, a supplementary response is required. Defendant’s First Request to Produce Stephens v. Bivins 3 EXHIBIT A DOCUMENTS AND ITEMS TO BE PRODUCED: 1. All written statements made by Plaintiff or WALKER that pertain to this lawsuit. 2. All written statements made by any person(s) identified as a beneficiary in the Petition for Administration filed in Lake County, Case No. 2020-CP-00095, that pertain to this lawsuit. 3. All documents which refer to, or relate to, or evidence, any communication between Plaintiff and WALKER regarding any of the issues presented by the Plaintiff’s Complaint in this matter. 4. All documents which refer to, or relate to, or evidence, any communication between WALKER and any person(s) identified as a beneficiary in the Petition for Administration filed in Lake County, Case No. 2020-CP-00095, that pertain to this lawsuit. 5. All documents which refer to, or relate to, or evidence, any communication between Plaintiff and any person(s) identified as a beneficiary in the Petition for Administration filed in Lake County, Case No. 2020-CP-00095, that pertain to this lawsuit 6. All oral statements made by Plaintiff or WALKER that pertain to this lawsuit which were either recorded or taped on an electronic device or recorder. 7. All oral statements made by any person(s) identified as a beneficiary in the Petition for Administration filed in Lake County, Case No. 2020-CP-00095, that pertain to this lawsuit which were either recorded or taped on an electronic device or recorder. 8. All documents filed with any state, county, city, federal or governmental agency, institution or department containing information regarding or relating to WALKER. 9. All medical records, doctor or hospital records, reports or medical documents of any kind containing information about WALKER and/or relating the medical or physical condition of WALKER. 10. All documents that, in any way, support your contention that WALKER was a vulnerable adult. 11. All documents that, in any way, support your contention that WALKER’S “failing heart was impacting her overall wellbeing, making her increasingly vulnerable”. 12. All medical records of, pertaining to, or belonging to WALKER that you Defendant’s First Request to Produce Stephens v. Bivins 4 reviewed. 13. All estate planning documents, including but not limited to deeds, power of attorney(s), last will and testament, advance directives of, pertaining to, belonging to, or in the name of WALKER. 14. Any documents which refer or relate to, or evidence, any of the allegations of the Complaint including, but not limited to, those documents you intend to introduce into evidence or use in any manner during the course of this litigation, including trial. 15. All records, documents, or other items that support the allegations contained in your lawsuit. 16. A list identifying all persons, including but not limited to medical professionals, who have treated, evaluated, or assessed WALKER’S physical, mental, or emotional condition. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have furnished a true and correct copy of the foregoing via Florida Courts E-filing Portal, to Joseph Shoemaker, Esq., Bogin, Munns, & Munns, @ jshoemaker@boginmunns.com; nschultz@boginmunns.com; and bmservice@boginmunns.com, this 27th day of October, 2023. BOYETTE, CUMMINS & NAILOS, PLLC /s Michelle Bottex_______________ MICHELLE C. BOTTEX, ESQUIRE Florida Bar No: 15030 1635 East Highway 50, Suite 300 Clermont, Florida 34711 Telephone: (352) 394-2103 Facsimile: (352) 394-2105 MBottex@BCNLawFirm.com Attorneys for Defendants Defendant’s First Request to Produce Stephens v. Bivins 5