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Filing # 198704786 E-Filed 05/20/2024 02:21:10 PM
99787-5
IN THE CIRCUIT COURT
IN AND FOR THE NINTH JUDICIAL CIRCUIT
FOR OSCEOLA COUNTY, FLORIDA
SHELLY HATMAKER, CIRCUIT CIVIL DIVISION
Plaintiff, CASE NO. 2021 CA 000552 ON
vs.
7-ELEVEN and ANNABELLE PENA,
Defendant.
____________________________/
DEFENDANT’S RESPONSE TO EXPERT REQUEST FOR PRODUCTION
Defendant, 7-Eleven, Inc., by and through the undersigned attorneys, and pursuant to the
applicable Fla. R. Civ. P., responds to Plaintiff, Shelly Hatmaker, Request for Production dated
April 18, 2024 as follows:
1. As to each expert witness whom Defendant expect(s) to call at trial:
(a) All documents provided to any such expert in connection with this case, including
records, reports, literature, memoranda or any other documents.
(b) Any records, reports, notes, memoranda, bills, correspondences, or any other
documents prepared by any expert witness in connection with this case.
(c) Copies of any manuscripts, drafts, galleys, outlines, slides, and the like, concerning
any oral or written presentations made by the expert on any subject relevant to this
case which are not in the public domain.
(d) Transcripts of any deposition or trial testimony in the expert’s possession or control
on any subject relevant to this case.
(e) A current curriculum vitae for each such expert.
(f) Any exhibits prepared by or with the assistance of the expert which are intended to
illustrate aspects of the expert’s testimony.
RESPONSE: No experts have been retained at this time. Therefore, no expert opinions have
been given, and there is no related documentation. Defendant reserves the right to revise
these answers as discovery progresses.
2. Redacted copies of all Compulsory Medical Examinations (CME/IME) reports,
records, reviews, evaluations, MRI or x-ray re-read reports issued by the expert(s)
for the last three (3) years, to exclude the name, social security number or any other
identifying information of the patient/claimant/plaintiff.
CASE NO. 2021 CA 000552 ON
RESPONSE: No experts have been retained at this time. Therefore, no expert opinions have
been given. Defendant reserves the right to revise these answers as discovery progresses.
3. All time records, diaries, and bills prepared and rendered in connection with
expert’s investigation and evaluation of the issues involved in the lawsuit.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
4. Any written notes, correspondence, tests, texts, pamphlets, or articles reviewed,
consulted or otherwise relied upon by expert in reviewing, evaluating and/or
formulating opinions in this matter.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
5. Any and all articles authored, coauthored, or contributed to by expert concerning
any of the conditions, analysis or procedures applicable to this case.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
6. Copies of all publications, syllabuses and other handouts or visual aids used during
any lectures or presentations pertaining to any issues about which expert intends to
testify in this matter.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
7. Any tables or charts referred to or utilized in rendering expert’s opinions in this
matter.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
2
CASE NO. 2021 CA 000552 ON
8. Any calculations performed.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
9. A listing of all cases within the last three (3) years in which expert has given
testimony as an expert, including identification of the case style; plaintiff’s
attorney; defendant’s attorney; court in which case was pending; and whether the
testimony was by deposition, trial or both.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
10. A list of all previous depositions given and/or trials in which testimony was given
along with copies of transcripts of depositions for all cases within the three (3) years
for each expert.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
11. An approximation of expert’s involvement as an expert witness based on the
number of hours, percent of hours, or income derived from expert services,
including percentage of work performed for plaintiffs vs. defendants.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
12. Documents describing the scope of expert’s employment in the pending case.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
13. Copies of any advertisements concerning expert’s availability as an expert or
consultant or a listing of any expert locator/referral services in which he has
participated or agreed to make referrals to him.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
3
CASE NO. 2021 CA 000552 ON
14. All raw testing data, test responses, answers or psychological tests upon which
expert is relying or which were conducted at their request.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
15. Financial documentation showing the total amount of fees the Defendant and/or
Defendant's law firm has paid for the expert’s services in the last three (3) years.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
16. Financial documentation showing the total amount of fees the Defendant and/or
Defendant's insurance carrier has paid for the expert’s services in the last three (3)
years.
RESPONSE: No experts have been retained at this time. Therefore, none. Defendant
reserves the right to revise these answers as discovery progresses.
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK]
4
CASE NO. 2021 CA 000552 ON
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
ePortal to: Brandon M. Smith, Esquire, brandonmsmith@forthepeople.com,
egarcia@forthepeople.com, haleyjohn@forthepeople.com; on this 20th day of May, 2024.
/s/ Michael C. Tyson
Michael C. Tyson, Esquire
Florida Bar No. 865760
Kayla S. Manning, Esquire
Florida bar No. 1048790
WICKER SMITH O'HARA MCCOY & FORD, P.A.
Attorneys for 7-Eleven, Inc.
390 N. Orange Ave., Suite 1000
Orlando, FL 32801
Phone: (407) 843-3939
Fax: (407) 649-8118
ORLcrtpleadings@wickersmith.com
5
Preview
Filing # 198704786 E-Filed 05/20/2024 02:21:10 PM 99787-5 IN THE CIRCUIT COURT IN AND FOR THE NINTH JUDICIAL CIRCUIT FOR OSCEOLA COUNTY, FLORIDA SHELLY HATMAKER, CIRCUIT CIVIL DIVISION Plaintiff, CASE NO. 2021 CA 000552 ON vs. 7-ELEVEN and ANNABELLE PENA, Defendant. ____________________________/ DEFENDANT’S RESPONSE TO EXPERT REQUEST FOR PRODUCTION Defendant, 7-Eleven, Inc., by and through the undersigned attorneys, and pursuant to the applicable Fla. R. Civ. P., responds to Plaintiff, Shelly Hatmaker, Request for Production dated April 18, 2024 as follows: 1. As to each expert witness whom Defendant expect(s) to call at trial: (a) All documents provided to any such expert in connection with this case, including records, reports, literature, memoranda or any other documents. (b) Any records, reports, notes, memoranda, bills, correspondences, or any other documents prepared by any expert witness in connection with this case. (c) Copies of any manuscripts, drafts, galleys, outlines, slides, and the like, concerning any oral or written presentations made by the expert on any subject relevant to this case which are not in the public domain. (d) Transcripts of any deposition or trial testimony in the expert’s possession or control on any subject relevant to this case. (e) A current curriculum vitae for each such expert. (f) Any exhibits prepared by or with the assistance of the expert which are intended to illustrate aspects of the expert’s testimony. RESPONSE: No experts have been retained at this time. Therefore, no expert opinions have been given, and there is no related documentation. Defendant reserves the right to revise these answers as discovery progresses. 2. Redacted copies of all Compulsory Medical Examinations (CME/IME) reports, records, reviews, evaluations, MRI or x-ray re-read reports issued by the expert(s) for the last three (3) years, to exclude the name, social security number or any other identifying information of the patient/claimant/plaintiff. CASE NO. 2021 CA 000552 ON RESPONSE: No experts have been retained at this time. Therefore, no expert opinions have been given. Defendant reserves the right to revise these answers as discovery progresses. 3. All time records, diaries, and bills prepared and rendered in connection with expert’s investigation and evaluation of the issues involved in the lawsuit. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 4. Any written notes, correspondence, tests, texts, pamphlets, or articles reviewed, consulted or otherwise relied upon by expert in reviewing, evaluating and/or formulating opinions in this matter. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 5. Any and all articles authored, coauthored, or contributed to by expert concerning any of the conditions, analysis or procedures applicable to this case. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 6. Copies of all publications, syllabuses and other handouts or visual aids used during any lectures or presentations pertaining to any issues about which expert intends to testify in this matter. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 7. Any tables or charts referred to or utilized in rendering expert’s opinions in this matter. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 2 CASE NO. 2021 CA 000552 ON 8. Any calculations performed. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 9. A listing of all cases within the last three (3) years in which expert has given testimony as an expert, including identification of the case style; plaintiff’s attorney; defendant’s attorney; court in which case was pending; and whether the testimony was by deposition, trial or both. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 10. A list of all previous depositions given and/or trials in which testimony was given along with copies of transcripts of depositions for all cases within the three (3) years for each expert. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 11. An approximation of expert’s involvement as an expert witness based on the number of hours, percent of hours, or income derived from expert services, including percentage of work performed for plaintiffs vs. defendants. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 12. Documents describing the scope of expert’s employment in the pending case. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 13. Copies of any advertisements concerning expert’s availability as an expert or consultant or a listing of any expert locator/referral services in which he has participated or agreed to make referrals to him. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 3 CASE NO. 2021 CA 000552 ON 14. All raw testing data, test responses, answers or psychological tests upon which expert is relying or which were conducted at their request. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 15. Financial documentation showing the total amount of fees the Defendant and/or Defendant's law firm has paid for the expert’s services in the last three (3) years. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. 16. Financial documentation showing the total amount of fees the Defendant and/or Defendant's insurance carrier has paid for the expert’s services in the last three (3) years. RESPONSE: No experts have been retained at this time. Therefore, none. Defendant reserves the right to revise these answers as discovery progresses. [REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] 4 CASE NO. 2021 CA 000552 ON WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: Brandon M. Smith, Esquire, brandonmsmith@forthepeople.com, egarcia@forthepeople.com, haleyjohn@forthepeople.com; on this 20th day of May, 2024. /s/ Michael C. Tyson Michael C. Tyson, Esquire Florida Bar No. 865760 Kayla S. Manning, Esquire Florida bar No. 1048790 WICKER SMITH O'HARA MCCOY & FORD, P.A. Attorneys for 7-Eleven, Inc. 390 N. Orange Ave., Suite 1000 Orlando, FL 32801 Phone: (407) 843-3939 Fax: (407) 649-8118 ORLcrtpleadings@wickersmith.com 5