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COMMONWEALTH OF MASSACHUSETTS
47 111
HAMPSHIRE, SS SUPERIOR COURT DEPT.
CIVIL DOCKET NO.: 17-111
)
MINDY THEROUX )
Plaintiff, ) PLAINTIFF’S MOTION TO COMPEL
) DEFENDANT’S RESPONSES TO
v. ) PLAINTIFF’S REQUEST FOR
) PRODUCTION OF DOCUMENTS
THOMAS SCHACK )
Defendant. )
NOW COMES the Plaintiff, Mindy Theroux, by and through her attorneys,
Robert A. DiTusa, Esq., and Laura D. Mangini, Esq., pursuant to Mass. R. Civ. P. 37,
hereby applies for an order compelling the Defendant to provide full and complete
responses to Plaintiff's Request for Production of Documents which were served upon
the Defendant on or about July 25, 2017, and remain unanswered.
WHEREFORE, Plaintiff respectfully requests this Honorable Court order “ to
provide Responses to Document Requests within the next ten (10) ‘b,
RfiafiF Alleoted Me apport f feel |
fe CE
In support of this motion, the Plaintiff states as follows:
. On or about July 25, 2017, Plaintiff served her Request for Production of
Documents upon Defendant. A copy of the unanswered Requests is attached as
Exhibit A.
. On October 27, 2017, Plaintiff sent Defendant a letter indicating Defendant’s
Production of Documents were past due. A copy of the letter is attached hereto as
Exhibit B.
. To date, the Plaintiff has not received Responses to her Request for Production of
Documents.
. Mass. R. Civ. P. 34 mandates that documents be produced within thirty days of
service of the request. Plaintiff has been very patient in awaiting Defendant’s
responses. As time passes, the prejudice to the Plaintiff's ability to move this case
forward increases as memories fade.
. The documents requested are essential to determine a roster of deponents and a
deposition schedule. The Plaintiff therefore request that an order be entered
allowing this motion and compelling the Defendant to answer Plaintiff's Request
for Production of Documents forthwith.
oe ne ee.
ons fim tnd of Hes Orde (ML Poo
il b 2 2017Dated: Respectfully Submitted,
or The Plaintiff
Ww By her,Attorneys,
. DiTusa, Esq. BBO#: 649218
Laura D. Mangini, Esq. BBO#: 684620
Alekman DiTusa, LLC
1550 Main Street, Suite 401
Springfield, MA 01103
(413) 781-0000
(413) 827-0266 FAX
CERTIFICATE OF SERVICE
I, Laura D. Mangini, Esq., hereby certify that on this 16 day of November, 2017, I served
the foregoing document via first class mail to counsel for the Defendant:
Angela D. Ciottone, Esq.
Mazzocca & Associates
211 Main Street
Webster, MA 01570
D. Mangini, Esq.EXHIBIT ACOMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, SS SUPERIOR COURT DEPARTMENT
CIVIL DOCKET NO.: 1780CV111
MINDY THEROUX )
Plaintiffs, )
)
ve ) PLAINTIFF’S REQUEST FOR PRODUCTION OF
) | DOCUMENTS FROM DEFENDANT
THOMAS SCHACK )
Defendant. )
)
)
Now come the Plaintiff and requests that the Defendant produce the following
documents and tangible things set out in Schedule "A" at the office of Alekman DiTusa, LLC,
1550 Main Street, Suite 401, Springfield, MA 01103 within thirty (30) days of the service of this
request pursuant to the provisions of Rule 34 of the Massachusetts Rules of Civil Procedure.
DEFINITIONS
(a) As used herein the term "document" means any written, recorded or graphic matter
however produced or reproduced and includes, but is not limited to, books, records, papers,
minutes of meetings, agreements, contracts, memoranda, charts, diagrams, drawings,
illustrations, photographs, telegrams, telexes, cables, letters, written analyses, reports,
recordings, notes, including notations and memoranda of any sort of telephone
communications or face-to-face oral meetings or conversations, financial statements, surveys,
calculations, diaries, calendars, address and telephone records, or other documents, as well as
a data, information, or material otherwise recorded, as on magnetic tape, electronic recordings,
or any other means of device of a similar nature, as well as any transcript or summary thereof,
It includes the original, any copy which differs in any regard from the original and any drafts
thereof. These requests are to be treated as continuing in nature.
(b) As used herein “incident”, "collision" and "accident" refer to the accident, the
subject matter in Plaintiffs’ Complaint.INSTRUCTIONS
1. This request for production of documents demands production of all documents
responsive hereto which are in the possession, custody or control of Defendant, its
predecessors, parents, subsidiaries, successors and affiliates, or any of its directors, officers,
employees, counsel, agents, representatives, independent contractors or consultants, whether
engaged directly or indirectly as through counsel.
2. Originals of documents are to be produced wherever possible and, in particular,
when copies are illegible or obscured in any fashion. In the event that originals are not
produced, please set forth in writing for each copy or group of copies produced:
(a) a description of the documents in question;
(b) the location and custodian of the original(s) thereof or, if the original has
been destroyed or is otherwise unavailable, the last known location and
custodian thereof, as well as the latest date upon which such document
or documents was known to be in existence or available; and
(c) the reason(s) why the original has not been produced.
3. All documents called for by this request as to which Defendant claims privilege of any
sort as grounds for which non-production shall be listed chronologically as follows:
(a)
(b)
(c)
(d)
(e)
(f)
date;
title;
names of author(s), addressee(s) and all individuals listed or known to have
received or seen copies thereof;
type of comment (e.g., memorandum, report, chart, etc.);
subject matter (without revealing the information as to which privilege is
claimed); and
factual and legal basis for claimed privilege, or specific statutory authority which
provides the claimed ground for non-production.10.
SCHEDULE A - DOCUMENTS TO BE PRODUCED
Please provide copies of any written or oral statements obtained by you from any
witnesses or any other individual with information pertaining to the subject collision
including the name, address, telephone numbers and employer of said witness and the
date such statement was made.
Please provide copies of any and all notes, investigative reports (including surveillance),
memoranda, correspondence, statements, or any other document now in the
possession of your insurance carrier pertaining to the subject collision, obtained prior to
this lawsuit and prepared in the ordinary course of the insurance company’s business.
Any and all applications, notices, proof of loss, reports, correspondence sent or
submitted by the Defendant to any insurance company, agent, broker, adjuster, or
investigator dealing with any issue arising out of the subject collision including but not
limited to the PIP Application, Workers’ Compensation forms and other incident reports.
Copy of any photograph or motion picture in the possession of your insurance carrier,
your attorney, or yourself of the scene of the accident, the vehicles involved, or the
Plaintiff.
Please provide copies of any reports, memoranda or testimony, including police reports,
operator’s reports, and investigative reports made by you or any other person or
agency.
Please provide a copy of the automobile insurance policy or policies covering you and/or
the vehicle you were driving, including the declaration pages.
Please provide each and every insurance agreement or policy under which the insurer
may be liable to pay all or part of a judgment entered in this action or to reimburse
Defendant for payments made to satisfy a judgment in this action. The request applies
to insurance policies in force and in effect which operate to insure any and all members
of the Defendant’s household at the time of the auto accident as used herein, the term
“insurance policy” expressly included the “coverage selections page” which is made part
of said policy.
Copy of any statements you have made to anyone concerning the collision alleged in the
Plaintiff's Complaint.
Copy of any statements you may have in your possession which the Plaintiff may have
made to anyone concerning the collision alleged in the Plaintiff's Complaint.
A copy of the Defendant’s driver’s license including any stated restrictions thereon.11.
12.
13.
14,
15.
16.
17,
18
19,
20.
21.
22.
23.
24,
Copies of all citations given by the police to you as a result of said collision.
Copies of all surcharge notices or court documents given to you in this action arising out
of the accident alleged in Plaintiff's Complaint.
A copy of Defendant’s cell phone records for the date of the collision.
Copies of all medical records received in response to the Defendant’s Application to
Inspect and Copy Hospital Records of Plaintiff.
Any and all written or other documentary evidence which tends to show that the
conduct, by act or omission, of some third person or persons, caused or contributed to
the happening of the events or injuries which form the subject matter of this Complaint.
Any and all documentary evidence including but not limited to photographs, ‘maps,
diagrams, models, plans which the Defendant intends to offer at the time of trial.
All reports which were completed by any expert concerning the incident or facts
surrounding the incident alleged in Plaintiff's Complaint.
The complete files of all experts you expect to call as witnesses to testify at trial,
including, but not limited to all their notes, worksheets, test data, correspondence,
statements, memoranda, opinions, conclusions, and curriculum vitae.
Any writing in your possession or control which you contend disputes the extent, scope,
amount and duration of any injuries and medical expenses incurred by the Plaintiff
which Plaintiff contends were as a result of the incident complained of.
Copies of all writings in support of the allegations as set forth in each of your affirmative
defenses as alleged in your Answer on file herein.
Please produce for inspection all films, videotapes, and photographs of the Plaintiff
taken since the date of the collision in issue.
Please produce for inspection all written reports of investigators concerning any
investigation made of the Plaintiff since the date of the accident in issue.
Any recording logs, trip logs, journals, or anything else which would evidence your
activities on the date of the collision.
All other documents in the possession of the Defendant that pertain to this legal action
that are not described above.This demand is to include all after-acquired documents, reports, statements and
photographs of the type made reference to in the request; copies of which are to be forwarded
within thirty (30) days of receipt thereof.
Respectfully Submitted
The Plaintiff
By her attorneys
2 we
Dated:
a Robgrt'A. DiTusa, Esq. BBO#: 649218
Laura D. Mangini, Esq. BBO#: 684620
Alekman DiTusa, LLC
1550 Main Street, Suite 401
Springfield, MA 01103
(413) 781-0000
(413) 827-0266 FAXEXHIBIT BRyan E. Alekman, Esq.”
Robert A. DiTusa, Esq.**
Stephen L. Holstrom, Esq.*
Laura D. Mangini, Esq.*
os
“Aso tensed nC
"A Lcensedin Now Yor
ALEKMAN
DITUSAT®
me |e PH: 413.781.0000
FX: 413.827.0266
Attorneys At low www.alekmanditusa.com
Angela D. Ciottone, Esq.
Drayer & Associates
211 Main Street
Webster, MA 01570
October 27, 2017
RE: Mindy Theroux v. Thomas F. Schack
Hampshire Superior Court C.A. No. 1780CV111
Dear Attorney Ciottone:
Please note, Defendant’s answers to discovery are now past due. Kindly advise
me of the status.
Thank you for your courtesy.
LDM/Idm
Very truly yours,
AN KR
A\\ \_
Lauta'b. Mangini, Esq.
ui
V
1550 Main Street, Suite 401, Springfield, Massachusetts 01103Ryan E. Alekman, Esq.* ~ ALEKMAN ~
Robert A DiTusa, Esa DI T US Af
Stephen L. Holstrom, Esq.” Cuma] n> PH: 413.781.0000
aura D. Me Mangini, Esq.* Attorneys At Low gaex’ FX: 413.827.0266
www.alekmanditusa.com
November 16, 2017
Angela D. Ciottone, Esq.
Mazzocca & Associates
211 Main Street
Webster, MA 01570
RE: Mindy Theroux v. Thomas F. Schack
Hampshire Superior Court C.A. No. 1780CV111
Dear Attorney Ciottone:
Enclosed, in regards to the above-referenced matter, please find Plaintiff's Final
Request for Answers Pursuant to Rule 33A. Additionally, please find Plaintiff's Motion
to Compel Production of Documents. Kindly forward your opposition, if any, within the
time period allowed under Superior Court Rule 9A.
Thank you for your courtesy.
Very, truly yours,
LDM/dm
Encl.
1550 Main Street, Suite 401, Springfield, Massachusetts 01103
Preview
COMMONWEALTH OF MASSACHUSETTS 47 111 HAMPSHIRE, SS SUPERIOR COURT DEPT. CIVIL DOCKET NO.: 17-111 ) MINDY THEROUX ) Plaintiff, ) PLAINTIFF’S MOTION TO COMPEL ) DEFENDANT’S RESPONSES TO v. ) PLAINTIFF’S REQUEST FOR ) PRODUCTION OF DOCUMENTS THOMAS SCHACK ) Defendant. ) NOW COMES the Plaintiff, Mindy Theroux, by and through her attorneys, Robert A. DiTusa, Esq., and Laura D. Mangini, Esq., pursuant to Mass. R. Civ. P. 37, hereby applies for an order compelling the Defendant to provide full and complete responses to Plaintiff's Request for Production of Documents which were served upon the Defendant on or about July 25, 2017, and remain unanswered. WHEREFORE, Plaintiff respectfully requests this Honorable Court order “ to provide Responses to Document Requests within the next ten (10) ‘b, RfiafiF Alleoted Me apport f feel | fe CE In support of this motion, the Plaintiff states as follows: . On or about July 25, 2017, Plaintiff served her Request for Production of Documents upon Defendant. A copy of the unanswered Requests is attached as Exhibit A. . On October 27, 2017, Plaintiff sent Defendant a letter indicating Defendant’s Production of Documents were past due. A copy of the letter is attached hereto as Exhibit B. . To date, the Plaintiff has not received Responses to her Request for Production of Documents. . Mass. R. Civ. P. 34 mandates that documents be produced within thirty days of service of the request. Plaintiff has been very patient in awaiting Defendant’s responses. As time passes, the prejudice to the Plaintiff's ability to move this case forward increases as memories fade. . The documents requested are essential to determine a roster of deponents and a deposition schedule. The Plaintiff therefore request that an order be entered allowing this motion and compelling the Defendant to answer Plaintiff's Request for Production of Documents forthwith. oe ne ee. ons fim tnd of Hes Orde (ML Poo il b 2 2017Dated: Respectfully Submitted, or The Plaintiff Ww By her,Attorneys, . DiTusa, Esq. BBO#: 649218 Laura D. Mangini, Esq. BBO#: 684620 Alekman DiTusa, LLC 1550 Main Street, Suite 401 Springfield, MA 01103 (413) 781-0000 (413) 827-0266 FAX CERTIFICATE OF SERVICE I, Laura D. Mangini, Esq., hereby certify that on this 16 day of November, 2017, I served the foregoing document via first class mail to counsel for the Defendant: Angela D. Ciottone, Esq. Mazzocca & Associates 211 Main Street Webster, MA 01570 D. Mangini, Esq.EXHIBIT ACOMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS SUPERIOR COURT DEPARTMENT CIVIL DOCKET NO.: 1780CV111 MINDY THEROUX ) Plaintiffs, ) ) ve ) PLAINTIFF’S REQUEST FOR PRODUCTION OF ) | DOCUMENTS FROM DEFENDANT THOMAS SCHACK ) Defendant. ) ) ) Now come the Plaintiff and requests that the Defendant produce the following documents and tangible things set out in Schedule "A" at the office of Alekman DiTusa, LLC, 1550 Main Street, Suite 401, Springfield, MA 01103 within thirty (30) days of the service of this request pursuant to the provisions of Rule 34 of the Massachusetts Rules of Civil Procedure. DEFINITIONS (a) As used herein the term "document" means any written, recorded or graphic matter however produced or reproduced and includes, but is not limited to, books, records, papers, minutes of meetings, agreements, contracts, memoranda, charts, diagrams, drawings, illustrations, photographs, telegrams, telexes, cables, letters, written analyses, reports, recordings, notes, including notations and memoranda of any sort of telephone communications or face-to-face oral meetings or conversations, financial statements, surveys, calculations, diaries, calendars, address and telephone records, or other documents, as well as a data, information, or material otherwise recorded, as on magnetic tape, electronic recordings, or any other means of device of a similar nature, as well as any transcript or summary thereof, It includes the original, any copy which differs in any regard from the original and any drafts thereof. These requests are to be treated as continuing in nature. (b) As used herein “incident”, "collision" and "accident" refer to the accident, the subject matter in Plaintiffs’ Complaint.INSTRUCTIONS 1. This request for production of documents demands production of all documents responsive hereto which are in the possession, custody or control of Defendant, its predecessors, parents, subsidiaries, successors and affiliates, or any of its directors, officers, employees, counsel, agents, representatives, independent contractors or consultants, whether engaged directly or indirectly as through counsel. 2. Originals of documents are to be produced wherever possible and, in particular, when copies are illegible or obscured in any fashion. In the event that originals are not produced, please set forth in writing for each copy or group of copies produced: (a) a description of the documents in question; (b) the location and custodian of the original(s) thereof or, if the original has been destroyed or is otherwise unavailable, the last known location and custodian thereof, as well as the latest date upon which such document or documents was known to be in existence or available; and (c) the reason(s) why the original has not been produced. 3. All documents called for by this request as to which Defendant claims privilege of any sort as grounds for which non-production shall be listed chronologically as follows: (a) (b) (c) (d) (e) (f) date; title; names of author(s), addressee(s) and all individuals listed or known to have received or seen copies thereof; type of comment (e.g., memorandum, report, chart, etc.); subject matter (without revealing the information as to which privilege is claimed); and factual and legal basis for claimed privilege, or specific statutory authority which provides the claimed ground for non-production.10. SCHEDULE A - DOCUMENTS TO BE PRODUCED Please provide copies of any written or oral statements obtained by you from any witnesses or any other individual with information pertaining to the subject collision including the name, address, telephone numbers and employer of said witness and the date such statement was made. Please provide copies of any and all notes, investigative reports (including surveillance), memoranda, correspondence, statements, or any other document now in the possession of your insurance carrier pertaining to the subject collision, obtained prior to this lawsuit and prepared in the ordinary course of the insurance company’s business. Any and all applications, notices, proof of loss, reports, correspondence sent or submitted by the Defendant to any insurance company, agent, broker, adjuster, or investigator dealing with any issue arising out of the subject collision including but not limited to the PIP Application, Workers’ Compensation forms and other incident reports. Copy of any photograph or motion picture in the possession of your insurance carrier, your attorney, or yourself of the scene of the accident, the vehicles involved, or the Plaintiff. Please provide copies of any reports, memoranda or testimony, including police reports, operator’s reports, and investigative reports made by you or any other person or agency. Please provide a copy of the automobile insurance policy or policies covering you and/or the vehicle you were driving, including the declaration pages. Please provide each and every insurance agreement or policy under which the insurer may be liable to pay all or part of a judgment entered in this action or to reimburse Defendant for payments made to satisfy a judgment in this action. The request applies to insurance policies in force and in effect which operate to insure any and all members of the Defendant’s household at the time of the auto accident as used herein, the term “insurance policy” expressly included the “coverage selections page” which is made part of said policy. Copy of any statements you have made to anyone concerning the collision alleged in the Plaintiff's Complaint. Copy of any statements you may have in your possession which the Plaintiff may have made to anyone concerning the collision alleged in the Plaintiff's Complaint. A copy of the Defendant’s driver’s license including any stated restrictions thereon.11. 12. 13. 14, 15. 16. 17, 18 19, 20. 21. 22. 23. 24, Copies of all citations given by the police to you as a result of said collision. Copies of all surcharge notices or court documents given to you in this action arising out of the accident alleged in Plaintiff's Complaint. A copy of Defendant’s cell phone records for the date of the collision. Copies of all medical records received in response to the Defendant’s Application to Inspect and Copy Hospital Records of Plaintiff. Any and all written or other documentary evidence which tends to show that the conduct, by act or omission, of some third person or persons, caused or contributed to the happening of the events or injuries which form the subject matter of this Complaint. Any and all documentary evidence including but not limited to photographs, ‘maps, diagrams, models, plans which the Defendant intends to offer at the time of trial. All reports which were completed by any expert concerning the incident or facts surrounding the incident alleged in Plaintiff's Complaint. The complete files of all experts you expect to call as witnesses to testify at trial, including, but not limited to all their notes, worksheets, test data, correspondence, statements, memoranda, opinions, conclusions, and curriculum vitae. Any writing in your possession or control which you contend disputes the extent, scope, amount and duration of any injuries and medical expenses incurred by the Plaintiff which Plaintiff contends were as a result of the incident complained of. Copies of all writings in support of the allegations as set forth in each of your affirmative defenses as alleged in your Answer on file herein. Please produce for inspection all films, videotapes, and photographs of the Plaintiff taken since the date of the collision in issue. Please produce for inspection all written reports of investigators concerning any investigation made of the Plaintiff since the date of the accident in issue. Any recording logs, trip logs, journals, or anything else which would evidence your activities on the date of the collision. All other documents in the possession of the Defendant that pertain to this legal action that are not described above.This demand is to include all after-acquired documents, reports, statements and photographs of the type made reference to in the request; copies of which are to be forwarded within thirty (30) days of receipt thereof. Respectfully Submitted The Plaintiff By her attorneys 2 we Dated: a Robgrt'A. DiTusa, Esq. BBO#: 649218 Laura D. Mangini, Esq. BBO#: 684620 Alekman DiTusa, LLC 1550 Main Street, Suite 401 Springfield, MA 01103 (413) 781-0000 (413) 827-0266 FAXEXHIBIT BRyan E. Alekman, Esq.” Robert A. DiTusa, Esq.** Stephen L. Holstrom, Esq.* Laura D. Mangini, Esq.* os “Aso tensed nC "A Lcensedin Now Yor ALEKMAN DITUSAT® me |e PH: 413.781.0000 FX: 413.827.0266 Attorneys At low www.alekmanditusa.com Angela D. Ciottone, Esq. Drayer & Associates 211 Main Street Webster, MA 01570 October 27, 2017 RE: Mindy Theroux v. Thomas F. Schack Hampshire Superior Court C.A. No. 1780CV111 Dear Attorney Ciottone: Please note, Defendant’s answers to discovery are now past due. Kindly advise me of the status. Thank you for your courtesy. LDM/Idm Very truly yours, AN KR A\\ \_ Lauta'b. Mangini, Esq. ui V 1550 Main Street, Suite 401, Springfield, Massachusetts 01103Ryan E. Alekman, Esq.* ~ ALEKMAN ~ Robert A DiTusa, Esa DI T US Af Stephen L. Holstrom, Esq.” Cuma] n> PH: 413.781.0000 aura D. Me Mangini, Esq.* Attorneys At Low gaex’ FX: 413.827.0266 www.alekmanditusa.com November 16, 2017 Angela D. Ciottone, Esq. Mazzocca & Associates 211 Main Street Webster, MA 01570 RE: Mindy Theroux v. Thomas F. Schack Hampshire Superior Court C.A. No. 1780CV111 Dear Attorney Ciottone: Enclosed, in regards to the above-referenced matter, please find Plaintiff's Final Request for Answers Pursuant to Rule 33A. Additionally, please find Plaintiff's Motion to Compel Production of Documents. Kindly forward your opposition, if any, within the time period allowed under Superior Court Rule 9A. Thank you for your courtesy. Very, truly yours, LDM/dm Encl. 1550 Main Street, Suite 401, Springfield, Massachusetts 01103