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IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 50 2007 CA 024428 XXXXMB
FBN: 239021
JAMES and RENE KEHOE,
as parents and natural guardians of
KAYLA KEHOE, a minor,
Plaintiffs,
v.
82:4 Hd LI Yd¥ 80
gas
BLUE STREAK, INC.,
d/b/a ROYAL GYMNASTICS CENTER,
Defendant.
/
RESPONSE TO REQUEST FOR PRODUCTION
The defendant, Blue Streak, Inc., by counsel, responds herewith to the plaintiff's
request for production served with the complaint as follows:
1. None.
2. See Exhibit 1 to the defendant's answer.
3. None.
4. None.
5. None at this time.
6. Undetermined at this time.
7. None.
8. None.
9. None, other than the file of the defendant's investigator. Since said investigation
was conducted in anticipation of this litigation, it is protected by the work product
privilege and its production is objected to. In compliance with the requirements of
FRCP 1.280(b)(5), the investigation documents referred to, including scene
photographs and statements, are presently in the possession of defense counsel.
ANGONES McCLURE & GARCIA, P.A. 1
EIGHTH FLOOR, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FL 33130 @ (305) 371-5000 @ FAX (305) 371-3948Kehoe v. Blue Streak, Inc., etc., Case No. 50 2007 CA 024428XXXXMB (AJ)
Response to plaintiff's request for production
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
21.
22.
23.
24.
25.
26.
27.
None.
Defendant's rules and guidelines are attached as Composite Exhibit A.
See response and objection to Request No. 9.
None.
See defendant’s answer to Interrogatory No. 13.
The defendant objects to the production of documents relating to any employee
and further objects to the production of anything at all for a time frame in excess of
that described in said interrogatory on the basis that it is overbroad and not
calculated to lead to the discovery of admissible evidence herein.
See defendant's objection to Interrogatory No. 17.
None other than Exhibit 1 to answer.
See response and objection to Request No. 9.
See Composite Exhibit A.
See Composite Exhibit A.
Sample of ad attached as Exhibit B. Website can be accessed at
http:/(www.royalgym.com/.
Attached as Exhibit C.
Attached as Exhibit D.
USA Gymnastics certification attached as Exhibit E.
None.
None.
None.
Class schedule attached as Composite Exhibit F.
The defendant objects to this request on the basis that it seeks documents which
are neither relevant nor calculated to lead to the discovery of admissible evidence
ANGONES McCLURE & GARCIA, P.A. 2
EIGHTH FLOOR, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FL 33130 © (305) 371-5000 # FAX (305) 371-3948 .Kehoe v. Blue Streak, Inc., etc., Case No. 50 2007 CA 024428XXXXMB (AJ)
Response to plaintiff's request for production
28.
29.
30.
31,
32.
33.
34.
in this matter.
The defendant objects to this request on the basis that it seeks documents which
are neither relevant nor calculated to lead to the discovery of admissible evidence
in this matter.
None.
None.
None.
No documents are provided to young campers. The rules are verbally explained
to campers by counselors before the start of every session.
The defendant objects to this request on the basis that its incident reports are
protected by the work product privilege and are not subject to discovery, absent
exceptional circumstances. In compliance with the requirements of FRCP
1.280(b)(5),the document referred to above consists of a report of the accident
prepared for and at the request of the defendant's insurer. Said report is presently
in the possession of defense counsel.
See Composite Exhibit A.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof was mailed to Randy M. Weber, Esq., 9350
South Dixie Highway, Suite 1200, Miami, FL 33156, on April 15, 2008.
ANGONES McCLURE & GARCIA, PA
Attorneys for Blue Streak, Inc.
Eighth Floor, Courthouse Tower
John McClur
FBN: 23902
ANGONES McCLURE & GARCIA, P.A, 3
EIGHTH FLOOR, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FL 33130 © (305) 371-5000 ¢ FAX (305) 371-3948 -
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 50 2007 CA 024428 XXXXMB FBN: 239021 JAMES and RENE KEHOE, as parents and natural guardians of KAYLA KEHOE, a minor, Plaintiffs, v. 82:4 Hd LI Yd¥ 80 gas BLUE STREAK, INC., d/b/a ROYAL GYMNASTICS CENTER, Defendant. / RESPONSE TO REQUEST FOR PRODUCTION The defendant, Blue Streak, Inc., by counsel, responds herewith to the plaintiff's request for production served with the complaint as follows: 1. None. 2. See Exhibit 1 to the defendant's answer. 3. None. 4. None. 5. None at this time. 6. Undetermined at this time. 7. None. 8. None. 9. None, other than the file of the defendant's investigator. Since said investigation was conducted in anticipation of this litigation, it is protected by the work product privilege and its production is objected to. In compliance with the requirements of FRCP 1.280(b)(5), the investigation documents referred to, including scene photographs and statements, are presently in the possession of defense counsel. ANGONES McCLURE & GARCIA, P.A. 1 EIGHTH FLOOR, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FL 33130 @ (305) 371-5000 @ FAX (305) 371-3948Kehoe v. Blue Streak, Inc., etc., Case No. 50 2007 CA 024428XXXXMB (AJ) Response to plaintiff's request for production 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 21. 22. 23. 24. 25. 26. 27. None. Defendant's rules and guidelines are attached as Composite Exhibit A. See response and objection to Request No. 9. None. See defendant’s answer to Interrogatory No. 13. The defendant objects to the production of documents relating to any employee and further objects to the production of anything at all for a time frame in excess of that described in said interrogatory on the basis that it is overbroad and not calculated to lead to the discovery of admissible evidence herein. See defendant's objection to Interrogatory No. 17. None other than Exhibit 1 to answer. See response and objection to Request No. 9. See Composite Exhibit A. See Composite Exhibit A. Sample of ad attached as Exhibit B. Website can be accessed at http:/(www.royalgym.com/. Attached as Exhibit C. Attached as Exhibit D. USA Gymnastics certification attached as Exhibit E. None. None. None. Class schedule attached as Composite Exhibit F. The defendant objects to this request on the basis that it seeks documents which are neither relevant nor calculated to lead to the discovery of admissible evidence ANGONES McCLURE & GARCIA, P.A. 2 EIGHTH FLOOR, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FL 33130 © (305) 371-5000 # FAX (305) 371-3948 .Kehoe v. Blue Streak, Inc., etc., Case No. 50 2007 CA 024428XXXXMB (AJ) Response to plaintiff's request for production 28. 29. 30. 31, 32. 33. 34. in this matter. The defendant objects to this request on the basis that it seeks documents which are neither relevant nor calculated to lead to the discovery of admissible evidence in this matter. None. None. None. No documents are provided to young campers. The rules are verbally explained to campers by counselors before the start of every session. The defendant objects to this request on the basis that its incident reports are protected by the work product privilege and are not subject to discovery, absent exceptional circumstances. In compliance with the requirements of FRCP 1.280(b)(5),the document referred to above consists of a report of the accident prepared for and at the request of the defendant's insurer. Said report is presently in the possession of defense counsel. See Composite Exhibit A. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof was mailed to Randy M. Weber, Esq., 9350 South Dixie Highway, Suite 1200, Miami, FL 33156, on April 15, 2008. ANGONES McCLURE & GARCIA, PA Attorneys for Blue Streak, Inc. Eighth Floor, Courthouse Tower John McClur FBN: 23902 ANGONES McCLURE & GARCIA, P.A, 3 EIGHTH FLOOR, COURTHOUSE TOWER, 44 WEST FLAGLER STREET, MIAMI, FL 33130 © (305) 371-5000 ¢ FAX (305) 371-3948 -