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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No: 15
DR. CHRISTINA PAYLAN Division: G
Plaintiff,
TIMOTHY FITZGERALD,
ESQ., an individual, and
FARMER &
FITZGERALD, PA,
Florida Corporation,
Defendants.
DEFENDANT FARMER AND FITZGERALD, P.A.’S FIRST SET OF
INTERROGATORIES TO PLAINTIFF
Pursuant to Fla. R. Civ. P. 1.340, defendant, FARMER AND
FITZGERALD, P.A., by and through undersigned counsel, serves its First Set of
Interrogatories, numbered one (1) through thirty (30) to Plaintiff, to be answered
in writing, under oath within thirty days from the date of service.
/s/ MATTHEW FARMER, ESQ.
Matthew P. Farmer, Esq.
Fla. Bar No. 0793469
MattFarmer1@aol.com
102 W. Whiting St. Suite 501
Tampa, FL 33602
ATTORNEY FOR DEFENDANT
FARMER AND FITZGERALD, P.A.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that on February 7, 2017, I served the
foregoing document by electronic mail to Plaintiff Christina Paylan at
Dr.Paylan@Bodytuck.com.
s/ Matthew P. Famer
MATTHEW P. FARMER, ESQUIRE
DEFINITIONS AND INSTRUCTIONS
Definitions
“Defendants” shall mean, Timothy Fitzgerald, Esq. and Farmer &
Fitzgerald, PA, including their agents, employees, expert witnesses,
accountants, auditors, and all other persons over whom they have
control or authority or who have been hired, retained or employed
for any purpose by them.
“Plaintiff,” shall mean Plaintiff Dr. Christina Paylan.
“Person” and “persons” mean: natural persons; all governmental
entities, agencies, officers, departments, or affiliates of the
United States of America or any other governmental entity; any
corporation, foundation, partnership, proprietorship, association,
organization, or group of natural persons or other form of legal
entity.
“Things” means any tangible item, including, without limitation,
models, molds, prototypes, software discs, hard discs, floppy disks,
tapes, CD ROMs, DVDs, back up tapes or disks, flash drives or
cards, or any electronic storage device.
“Document” means the original and each non identical copy of any
written, printed, or electronic document in any form, whether in final
or draft form, including but not limited to all materials that constitute
“writings” or “recordings” within the meaning of Rule 90.951 of the
Florida Rules of Evidence, and all materials that constitute
“documents” under Rule 1.350 of the Florida Rules of Civil
Procedure. The word “document” includes without limitation,
communications (as defined below), information stored on computer
drives, diskettes, tapes, or other computer media, and any other
information stored magnetically or electronically. Pursuant to Rule
1.350(b), Florida Rules of Civil Procedure, all documents shall be
produced as they are kept in the usual course of business, in native
format with metadata intact, in reasonably usable form.
The term “communication” means any form of oral or written
interchange (hardcopy or electronic), whether in person, by telephone,
by facsimile, by telex, by electronic mail, by SMS text message, voice
mail, social media application message, or by any other medium.
The words “identify,” identification,” “describe,” “description,” and
“identity” mean as applied to an individual, to state the individual’s:
full name; present (or if unknown, the last known) home address and
telephone number, cellular telephone number, place of employment,
business address and telephone number; as well as the individual’s
dates of commencement and termination of employment, job title, and
description of his or her duties and responsibilities.
The terms “relate to,” “related to,” “relating to,” “refer to,” “referred
to,” or “referring to” include alluding to, responding to, constituting,
containing, concerning, connected with, commenting on, in respect of,
about, regarding, discussing, evidencing, showing, describing, reflecting,
analyzing, embodying, identifying, stating, dealing with, or in any way
pertaining to.
The words “and” and “or” shall be used conjunctively or
disjunctively, whichever makes the request more inclusive.
The singular form of a word shall include the plural and vice versa.
Instructions:
With respect to each interrogatory, in addition to supplying the
information requested, you are to identify all documents that relate to the
subject matter of each interrogatory and your answer thereto. If any or all
documents identified herein are no longer in your possession, custody, or
control for any reason (including destruction), then in addition to identifying
the document, for each such document state the manner and date of its
disposition or destruction.
When an interrogatory requires you to “state the basis of’ a particular
claim, contention, or allegation, state in your answer the identity of each and
every fact and each and every legal theory that you think supports, refers to,
or evidences such claim, contention, or allegation.
INTERROGATORIES
1. Please identify the name and address of each individual answering these
interrogatories and the person’s official position or relationship with the
party to whom these Interrogatories are directed. To the extent more than
one individual is participated in answering these Interrogatories, please
provide which interrogatory and subparts thereof that each individual
assisted in answering.
. Please list all names Plaintiff has used in her lifetime and the time periods
in which the names were used.
3. List the names, addresses, dates of representation and fees paid to all
attorneys who have represented plaintiff in any of the following cases
irteenth Judicial Circuit Case Number 010038, 11 015977,
008930, and and State of Florida, Division of
Administrative Hearing DOAH Case Number 5891PL, DOH 2011
ist all court actions plaintiff has been a party (defendant or plaintiff) to
including the Court of Jurisdiction, the case number, the nature of the action
and the result in the case. This request includes all criminal cases as well as
all civil or administrative law cases.
List all of the matters (including but not limited to court cases,
administrative cases, investigations, or other matters of any nature and in
any forum) in which plaintiff was represented by an attorney from the law
firm of Farmer and Fitzgerald, P.A. and the financial agreement for the
representation in each matter.
. List all the criminal statutes he Tampa Police Department had probable
cause to arrest plaintiff for violating as of 11:59 p.m. June 9, 2011.
. List the date of all prescriptions for Demerol plaintiff wrote in the name of
patient LB and presented, instructed others present or set in course a chain of
events causing a prescription be presented to bana Pharmacy in May
and June of 201
. List all the procedures and dates the procedures were performed or were
scheduled to be performed that required plaintiff to use Demerol on patient
LB between May 20, 2011 and June 30, 201
. When was the Demerol that plaintiff obtained from Habana Pharmacy
pursuant to prescription written by plaintiff in the name of patient LB used
and for which patient
. List all of the reasonable efforts Defendants failed to make to dissuade
the State of Florida from prosecuting plaintiff.
Was there a conspiracy to charge pla intiff with crimes and, if so, list all
of the members of the conspiracy and describe their role in the conspiracy.
. List all of the law suits in which plaintiff has alleged that there was a
conspiracy to have her prosecuted for criminal activity.
. State all facts supporting your claim in Count One against defendant
Farmer & Fitzgerald, P.A.
Was plaintiff willin o resolve Thirteenth Judicial Circuit Court case
numbers 010038 and 11 by entering and completing the
Office of the State Attorney’s Pretrial Intervention Program?
When did Plaintiff first become aware that the Assistant State Attorney
had inquired if plaintiff would be interested in the Pretrial Intervention
Program?
. At what point after plaintiff discharged Farmer and Fitzgerald, P.A. and
Timothy J. Fitzgerald did plaintiff attempt to get admission into the Pretrial
Intervention Program? Please state when and who was representing plaintiff
when this attempt was made (include any efforts made by plaintiff when she
was pro se that she attempted to gat admitted to the program) and the results
of this effort.
List all of the evidence the Tampa Police Department had on June 9,
2011 at 11:59 P.M. to determine plaintiff had unlawfully and fraudulently
obtained and possessed Demerol.
Describe how Schedule II controlled substances were ordered,
inventoried and secured at Cosmetic Surgery of Tampa Bay, Inc.
. List all employees of Cosmetic Surgery of Tampa Bay , Inc. from
January 1, 2011 through August 31, 2011, and include their addresses and
phone numbers.
. List all persons/emplo yees at Cosmetic Surgery of Tampa Bay, Inc. that
had access to the Narcotics box.
. List the duties and responsibilities of John Gonzalez at Cosmetic Surgery
of Tampa Bay, Inc.
State all facts supporting your claims in Count Two against defendant
Farmer & Fitzgerald, P.A
. Identify each person having discoverable information that tends to
support a position that you have taken or intend to take in this action,
including any claim for damages, and state the subject matter of the
information possessed by that person.
24. State all facts supporting your claims in Count Three against defendant
Farmer & Fitzgerald, P.A
. Identify each person you intend to call as an expert witness at trial, state
the subject matter on which the expert is expected to testify, state the
substance of the findings and opinions to which the expert is expected to
testify and a summary of the grounds for each opinion and attached to your
answers any written report made by the expert concerning those findings and
opinions.
. Itemize and show how you calculate any and all economic damages
claimed by you and describe any non economic damages claimed by you in
this action.
27. State all facts supporting your claims in Count Four against defendant
Farmer & Fitzgerald, P.A
28. State all facts supporting your claims in Count Five against defendant
Farmer & Fitzgerald, P.A
29. State all facts supporting your claims in Count Six against defendant
Farmer & Fitzgerald, P.A
30. State all facts supporting your claims in Count Seven against defendant
Farmer & Fitzgerald, P.A
I have read the foregoing Answers to Interrogatories and do swear that
they are true and correct to the best of my knowledge and belief.
Christina Paylan
STATE OF FLORIDA :
COUNTY OF _________________:
BEFORE ME, the undersigned authority, personally appeared
Christina Paylan, who is personally known to me or who has produced
identification in the form of ______________________, and who, upon first
being duly sworn, deposes and says that she has read the foregoing Answers
to Defendant’s Interrogatories and the same are true and correct to the best
of her knowledge and information.
SWORN TO and SUBSCRIBED before me this _____ day of
______________, 2017.
Notary Public, State of Florida at Large
Name (Printed or Typed)
Expiration Day of Commission
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION Case No: 15 DR. CHRISTINA PAYLAN Division: G Plaintiff, TIMOTHY FITZGERALD, ESQ., an individual, and FARMER & FITZGERALD, PA, Florida Corporation, Defendants. DEFENDANT FARMER AND FITZGERALD, P.A.’S FIRST SET OF INTERROGATORIES TO PLAINTIFF Pursuant to Fla. R. Civ. P. 1.340, defendant, FARMER AND FITZGERALD, P.A., by and through undersigned counsel, serves its First Set of Interrogatories, numbered one (1) through thirty (30) to Plaintiff, to be answered in writing, under oath within thirty days from the date of service. /s/ MATTHEW FARMER, ESQ. Matthew P. Farmer, Esq. Fla. Bar No. 0793469 MattFarmer1@aol.com 102 W. Whiting St. Suite 501 Tampa, FL 33602 ATTORNEY FOR DEFENDANT FARMER AND FITZGERALD, P.A. CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on February 7, 2017, I served the foregoing document by electronic mail to Plaintiff Christina Paylan at Dr.Paylan@Bodytuck.com. s/ Matthew P. Famer MATTHEW P. FARMER, ESQUIRE DEFINITIONS AND INSTRUCTIONS Definitions “Defendants” shall mean, Timothy Fitzgerald, Esq. and Farmer & Fitzgerald, PA, including their agents, employees, expert witnesses, accountants, auditors, and all other persons over whom they have control or authority or who have been hired, retained or employed for any purpose by them. “Plaintiff,” shall mean Plaintiff Dr. Christina Paylan. “Person” and “persons” mean: natural persons; all governmental entities, agencies, officers, departments, or affiliates of the United States of America or any other governmental entity; any corporation, foundation, partnership, proprietorship, association, organization, or group of natural persons or other form of legal entity. “Things” means any tangible item, including, without limitation, models, molds, prototypes, software discs, hard discs, floppy disks, tapes, CD ROMs, DVDs, back up tapes or disks, flash drives or cards, or any electronic storage device. “Document” means the original and each non identical copy of any written, printed, or electronic document in any form, whether in final or draft form, including but not limited to all materials that constitute “writings” or “recordings” within the meaning of Rule 90.951 of the Florida Rules of Evidence, and all materials that constitute “documents” under Rule 1.350 of the Florida Rules of Civil Procedure. The word “document” includes without limitation, communications (as defined below), information stored on computer drives, diskettes, tapes, or other computer media, and any other information stored magnetically or electronically. Pursuant to Rule 1.350(b), Florida Rules of Civil Procedure, all documents shall be produced as they are kept in the usual course of business, in native format with metadata intact, in reasonably usable form. The term “communication” means any form of oral or written interchange (hardcopy or electronic), whether in person, by telephone, by facsimile, by telex, by electronic mail, by SMS text message, voice mail, social media application message, or by any other medium. The words “identify,” identification,” “describe,” “description,” and “identity” mean as applied to an individual, to state the individual’s: full name; present (or if unknown, the last known) home address and telephone number, cellular telephone number, place of employment, business address and telephone number; as well as the individual’s dates of commencement and termination of employment, job title, and description of his or her duties and responsibilities. The terms “relate to,” “related to,” “relating to,” “refer to,” “referred to,” or “referring to” include alluding to, responding to, constituting, containing, concerning, connected with, commenting on, in respect of, about, regarding, discussing, evidencing, showing, describing, reflecting, analyzing, embodying, identifying, stating, dealing with, or in any way pertaining to. The words “and” and “or” shall be used conjunctively or disjunctively, whichever makes the request more inclusive. The singular form of a word shall include the plural and vice versa. Instructions: With respect to each interrogatory, in addition to supplying the information requested, you are to identify all documents that relate to the subject matter of each interrogatory and your answer thereto. If any or all documents identified herein are no longer in your possession, custody, or control for any reason (including destruction), then in addition to identifying the document, for each such document state the manner and date of its disposition or destruction. When an interrogatory requires you to “state the basis of’ a particular claim, contention, or allegation, state in your answer the identity of each and every fact and each and every legal theory that you think supports, refers to, or evidences such claim, contention, or allegation. INTERROGATORIES 1. Please identify the name and address of each individual answering these interrogatories and the person’s official position or relationship with the party to whom these Interrogatories are directed. To the extent more than one individual is participated in answering these Interrogatories, please provide which interrogatory and subparts thereof that each individual assisted in answering. . Please list all names Plaintiff has used in her lifetime and the time periods in which the names were used. 3. List the names, addresses, dates of representation and fees paid to all attorneys who have represented plaintiff in any of the following cases irteenth Judicial Circuit Case Number 010038, 11 015977, 008930, and and State of Florida, Division of Administrative Hearing DOAH Case Number 5891PL, DOH 2011 ist all court actions plaintiff has been a party (defendant or plaintiff) to including the Court of Jurisdiction, the case number, the nature of the action and the result in the case. This request includes all criminal cases as well as all civil or administrative law cases. List all of the matters (including but not limited to court cases, administrative cases, investigations, or other matters of any nature and in any forum) in which plaintiff was represented by an attorney from the law firm of Farmer and Fitzgerald, P.A. and the financial agreement for the representation in each matter. . List all the criminal statutes he Tampa Police Department had probable cause to arrest plaintiff for violating as of 11:59 p.m. June 9, 2011. . List the date of all prescriptions for Demerol plaintiff wrote in the name of patient LB and presented, instructed others present or set in course a chain of events causing a prescription be presented to bana Pharmacy in May and June of 201 . List all the procedures and dates the procedures were performed or were scheduled to be performed that required plaintiff to use Demerol on patient LB between May 20, 2011 and June 30, 201 . When was the Demerol that plaintiff obtained from Habana Pharmacy pursuant to prescription written by plaintiff in the name of patient LB used and for which patient . List all of the reasonable efforts Defendants failed to make to dissuade the State of Florida from prosecuting plaintiff. Was there a conspiracy to charge pla intiff with crimes and, if so, list all of the members of the conspiracy and describe their role in the conspiracy. . List all of the law suits in which plaintiff has alleged that there was a conspiracy to have her prosecuted for criminal activity. . State all facts supporting your claim in Count One against defendant Farmer & Fitzgerald, P.A. Was plaintiff willin o resolve Thirteenth Judicial Circuit Court case numbers 010038 and 11 by entering and completing the Office of the State Attorney’s Pretrial Intervention Program? When did Plaintiff first become aware that the Assistant State Attorney had inquired if plaintiff would be interested in the Pretrial Intervention Program? . At what point after plaintiff discharged Farmer and Fitzgerald, P.A. and Timothy J. Fitzgerald did plaintiff attempt to get admission into the Pretrial Intervention Program? Please state when and who was representing plaintiff when this attempt was made (include any efforts made by plaintiff when she was pro se that she attempted to gat admitted to the program) and the results of this effort. List all of the evidence the Tampa Police Department had on June 9, 2011 at 11:59 P.M. to determine plaintiff had unlawfully and fraudulently obtained and possessed Demerol. Describe how Schedule II controlled substances were ordered, inventoried and secured at Cosmetic Surgery of Tampa Bay, Inc. . List all employees of Cosmetic Surgery of Tampa Bay , Inc. from January 1, 2011 through August 31, 2011, and include their addresses and phone numbers. . List all persons/emplo yees at Cosmetic Surgery of Tampa Bay, Inc. that had access to the Narcotics box. . List the duties and responsibilities of John Gonzalez at Cosmetic Surgery of Tampa Bay, Inc. State all facts supporting your claims in Count Two against defendant Farmer & Fitzgerald, P.A . Identify each person having discoverable information that tends to support a position that you have taken or intend to take in this action, including any claim for damages, and state the subject matter of the information possessed by that person. 24. State all facts supporting your claims in Count Three against defendant Farmer & Fitzgerald, P.A . Identify each person you intend to call as an expert witness at trial, state the subject matter on which the expert is expected to testify, state the substance of the findings and opinions to which the expert is expected to testify and a summary of the grounds for each opinion and attached to your answers any written report made by the expert concerning those findings and opinions. . Itemize and show how you calculate any and all economic damages claimed by you and describe any non economic damages claimed by you in this action. 27. State all facts supporting your claims in Count Four against defendant Farmer & Fitzgerald, P.A 28. State all facts supporting your claims in Count Five against defendant Farmer & Fitzgerald, P.A 29. State all facts supporting your claims in Count Six against defendant Farmer & Fitzgerald, P.A 30. State all facts supporting your claims in Count Seven against defendant Farmer & Fitzgerald, P.A I have read the foregoing Answers to Interrogatories and do swear that they are true and correct to the best of my knowledge and belief. Christina Paylan STATE OF FLORIDA : COUNTY OF _________________: BEFORE ME, the undersigned authority, personally appeared Christina Paylan, who is personally known to me or who has produced identification in the form of ______________________, and who, upon first being duly sworn, deposes and says that she has read the foregoing Answers to Defendant’s Interrogatories and the same are true and correct to the best of her knowledge and information. SWORN TO and SUBSCRIBED before me this _____ day of ______________, 2017. Notary Public, State of Florida at Large Name (Printed or Typed) Expiration Day of Commission