Preview
Filing # 112101724 E-Filed 08/20/2020 09:56:14 AM
IN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
SHAE KRISTINE MURDOCK,
Plaintiff,
vs.
CASE NO.: 2019 CA 004417
CITY OF LYNN HAVEN, and
LEONARD FRANCIS HINSON, individually,
Defendants.
/
DEFENDANT CITY OF LYNN HAVEN’S
SECOND MOTION TO COMPEL DISCOVERY AND
AWARD OF EXPENSES AND ATTORNEY FEES
Defendant City of Lynn Haven (“City”) by and through the undersigned counsel, and
pursuant to Fla. R. Civ. P. 1.380, hereby moves to compel responses to Interrogatories and
Requests for Production and in support thereof states:
1. This is a false arrest/imprisonment case brought against the City and Co-
Defendant Hinson, arising from a September 24, 2018, arrest of Plaintiff. In her Complaint,
Plaintiff alleges lost wages and lost capacity to work. See Complaint, 19.
2. On February 21, 2020, the City served its First Request for Production and First
Set of Interrogatories on Plaintiff. See Composite Exhibit A. Plaintiffs responses were due on or
before March 23, 2020. On March 4, 2020, Plaintiff requested a 30-day extension, to and
including April 23, 2020, to which the City agreed to. See Exhibit B. No responses were received
by the agreed-upon extended due date.3. On June 7, 2020, Plaintiff filed her untimely responses to the City’s first set of
Interrogatories and Requests for Production. See Composite Exhibit C. Relevant to this Motion,
Plaintiff provided the following responses to the City’s first set of Interrogatories:
Interrogatory No. 4: Describe each injury for which you are claiming damages
in this case, specifying the part of your body that was injured, the nature of the
injury, and as to any injuries you contend are permanent, the effects on you that
you claim are permanent.
Response: I have suffered damages relating to lost wages and lost customers....
Interrogatory No. 6: Do you contend you have lost any income, benefits, or
earning capacity in the future as a result of the incident described in the
Complaint? If so, state the nature of the income, benefits, or earning capacity, the
amount and the method that you used in computing the amount.
Response: I am a small business owner. In the year leading up to the actions in
the complaint, 2017, my income total was $20,836.00. The year of the incident
2018, my business has been growing and my income totaled $21,406.00. Due to
the actions of the Defendant, my business suffered tremendously, and my 2019
income totaled $2,206.00. A loss of $19,200.00 in 2019, and the losses continue
to this day.
Interrogatory No. 7: List the names, business addresses, dates of employment,
supervisors and rates of pay regarding all employers, including self-employment,
for whom you have worked in the past ten (10) years.
Response: For the past 10 years I have been self-employed, owner/operator.
Shae’s Salon
1020 W. 26th Street
Lynn Haven, FL 32444
Rate of Pay: Varies
Interrogatory No. 8: List each item of expense or damage that you claim to have
incurred as a result of the incident described in the Complaint, giving for each
item the date incurred, the name and business address to whom each was paid or
is owed, and the goods or services for which each was incurred; please include in
this answer an itemized statement of all monetary losses sustained by you to date
as a result of the alleged accident, and the method by which you completed or
otherwise determined each such amount.
Response: Due to the actions of the Defendant, my business suffered
tremendously, and my 2019 income totaled $2,206.00. A loss of $19,200.00 in
2019, and the losses continue to this day....Estimated Total Economic Damagesat this time and without limitation: $29,060.00... I also claim entitlement to
attorneys' fees and costs in this matter, lost pay increases and bonuses...
4. In an effort to obtain additional discovery on the lost wage and business income
damages Plaintiff is asserting as a result of her allegedly false arrest, the City served its Second
Request for Production and Second Set of Interrogatories on Plaintiff on July 9, 2020. See
Composite Exhibit D.
5. On July 28, 2020, Plaintiff timely served her responses to the City’s second set of
Interrogatories and Requests for Production. See Composite Exhibit E. Instead of answering,
however, Plaintiff has refused to provide damages information she herself has made at issue and
instead, merely asserted meritless objections. There is no substantial justification for Plaintiff's
refusal to provide damages discovery.
6. Morte specifically, the City sought the following documents in its second set of
Requests for Production:
Request No. 1: All bank statements reflecting income, credits and debits from
January 1, 2016 to present.
Request No. 2: All business tax returns from 2016 to present.
Request No. 3: All permits or licenses issued to Plaintiff by the city of Lynn
Haven, Florida.
Request No. 4: All permits or licenses issued to Plaintiff by Bay County,
Florida.
Request No. 5: All permits or licenses issued to Plaintiff by the State of Florida.
Request No. 6: All certificates showing successful completion of cosmetology
school.
For each Request, Plaintiff asserted identical objections:
Plaintiff objects to the extent that this request is overly broad, seek records that
are irrelevant, are not reasonably calculated to lead to the discovery of admissible
evidence in this case, seek confidential financial and other personal identifying
information about Plaintiff that has no bearing whatsoever on any of the issues in
this case as between Defendant and Plaintiff. Additionally, the information
sought is a fishing expedition not geared to obtain documents that would beadmissible at trial and are designed to harass, embarrass, annoy, and oppress
Plaintiff. Rather than laser focusing on the discrete issues in this case; namely,
whether Defendant is liable for false imprisonment/arrest and, if so, what is the
nature of Plaintiff's damages, Defendant is instead trying to case as wide a net as
possible in discovery to annoy and harass Plaintiff.
7. The City also served a single Interrogatory in its second set of Interrogatories and
Plaintiff objected:
Interrogatory No. 1: Identify all personal and business bank accounts.
Response: Plaintiff objects to the extent that this interrogatory seeks information
that is confidential, or which is not relevant to the subject matter involved in the
pending action and is not reasonably calculated to lead to the discovery of
admissible evidence. Additionally, the information sought is a fishing expedition
not geared to obtain documents that would be admissible at trial. Rather than
laser focusing on the discrete issues in this case; namely whether Defendant is
liable for false imprisonment/arrest and, if so, what is the nature of Plaintiffs
damages, Defendant is instead trying to case as wide a net as possible in
discovery to annoy and harass Plaintiff.
8. Plaintiff's objections are clearly meritless as the information sought in these
Requests and Interrogatory are narrowly tailored to more fully discover the lost wage and lost
business income she claims she suffered at the hands of her allegedly false arrest. The discovery
of the records and information sought is self-evident and it is axiomatic that Plaintiff cannot both
claim damages and then deprive the City of discovery of those damages.
9. On July 28, 2020, counsel for the City, via written correspondence (see Exhibit
F), notified Plaintiff of the insufficient response and meritless objections and requested Plaintiff
either withdraw all lost wage, business income and related economic damages claims or provide
supplemental responses providing the requested documents and answering the sole interrogatory
within seven (7) days.10. To date no discovery responses have been received and Plaintiff's counsel has not
responded to the undersigned’s correspondence requesting discovery responses. Plaintiff has not
requested an additional extension to supplement the deficient discovery responses.
11. The City hereby requests an order overruling Plaintiff's objections and requiring
Plaintiff to provide full and complete responses to its written discovery, and where requested, to
provide responsive documents within 10 days of issuance of the Court’s order.
12. Discovery is permitted on any matter, not privileged, that is relevant to the subject
matter of the pending action. Fla. R. Civ. P. 1.280(b). It is well-settled that the purpose of
discovery is to prevent the use of surprise and the revelation through discovery procedures
encourages settlement of cases and avoids costly litigation. Surf Drugs, Inc. v. Vermette, 236 So.
2d 108,111 (Fla. 1970).
13. The Interrogatory served by the City is reasonably calculated to lead to the
discovery of admissible evidence of liability or damages. Similarly, the Requests for Production
served by the City are tailored to obtain evidence within the scope of discovery.
14. In the Complaint, Plaintiff seeks, among other things, lost wages, lost capacity to
work and loss of other economic damages. In response to the City’s First Interrogatories,
Number 4, Plaintiff again claimed lost wages and lost customers. In response to Interrogatory
Number 6, Plaintiff specifically claimed lost business income in the amount of $19,200 in 2019
alone, as well as continuing losses. In response to Interrogatory Number 7, Plaintiff identified
her employment for the past 10 years as being a self-employed owner operator of Shae’s Salon.
The record of Plaintiff's claimed damages are clear and it is disingenuous to both claim these
damages and then assert meritless objections to discovery of the very information and documents
that support or refute these claims.15. More specifically, the requested banking and tax records are intended to identify
sources of income and business expenses, to test Plaintiff's yet-unsubstantiated claims of lost
revenue and will lead to evidence as to the income of Shae’s Salon, as well as any personal
wages Plaintiff obtained as a result of her self-employment. The licensure and certification
Requests are intended to identify evidence as to whether Plaintiff was in fact licensed to operate
the salon she claims was adversely impacted by her arrest.
16. Based on the foregoing, the discoverability of this information cannot be
reasonably contested in light of Plaintiff's damages claims and thus, her objections are not well-
founded.
17. Where a motion to compel is granted, “and after opportunity for hearing, the court
shall require the party...whose conduct necessitated the motion to pay to the moving party the
reasonable expenses incurred in obtaining the order that may include attorneys' fees unless the
court finds that the movant failed to certify in the motion that a good faith effort was made to
obtain the discovery without court action, that the opposition to the motion was justified, or that
other circumstances make an award of expenses unjust.” Fla. R. Civ. P. 1.380(a)(4). Here, there
can be no question that the movant made a good faith effort to obtain the discovery without court
action — after receiving Plaintiff's objections to the City’s second set of written discovery, on
July 28, 2020, the undersigned counsel for the City notified Plaintiff of the insufficient and
meritless objections and requested Plaintiff to either withdraw her lost wage, business income,
and related economic damages claims or provide supplemental responses providing the requested
documents and answering the sole interrogatory within seven (7) days; as of the date of this
filing, almost a month after the undersigned’s correspondence to Plaintiffs counsel, Plaintiff'scounsel has failed to either express any justification as to why the asserted objections have merit
or supplement her responses.
18. Plaintiff was required to, but did not, fully respond to the City’s Second
Interrogatory and Second Requests for Production and should now be compelled to do so. Fla.
R. Civ. P. 1.380(a)(2).
19. Because the City has incurred expenses and attorney fees in furtherance of its
efforts to obtain Plaintiff's compliance with her discovery obligations, the City is entitled to
reimbursement thereof, and this Court should also award the reasonable expenses, including
attorneys’ fees, incurred in obtaining an order to compel the required discovery. Fla. R. Civ. P.
1.380(a)(4).
WHEREFORE, the City of Lynn Haven respectfully requests an order compelling
Plaintiff to fully respond to its Second Set of Interrogatories and Requests for Production within
10 days of issuance of the Court’s Order and an order awarding the reasonable expenses,
including attorneys’ fees, incurred in obtaining the order compelling Plaintiff's responses to
discovery.
CERTIFICATE OF CONFERENCE AND GOOD FAITH
I HEREBY CERTIFY that the undersigned contacted counsel for Plaintiff in writing in a
good faith effort to obtain responses to discovery without court intervention. However, no
response to the discovery or the correspondence was received.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was served by e-Filing with the
Clerk of Court and via Florida e-Filing Portal to the following, this 20th day of August, 2020.
Marie A. Mattox Jeffrey S. Carter
MARIE A. MATTOX, P.A. Jeff Carter, P.A.
203 N. Gadsden Street P.O. Box 228
Tallahassee, Florida 32303 Panama City, Florida 32402
marie@matoxlaw.com Tel: (850) 387-0787
marlene@mattoxlaw.com jeff@jeffcarterpa.com
michelle@mattoxlaw.com service@jeffcarterpa.com
(Counsel for Plaintiff) (Counsel for Defendant, Hinson)
s/ Kayla E. Platt Rady
J. DAVID MARSEY
Florida Bar No.: 0010212
E-mail: dmarsey@rumberger.com (primary)
docketingorlando@rumberger.com and
kradysecy@rumberger.com (secondary)
KAYLA E. PLATT RADY
Florida Bar No.: 0117896
E-mail: krady@rumberger.com (primary)
docketingorlando@rumberger.com and
kradysecy@rumberger.com (secondary)
RUMBERGER, KIRK, & CALDWELL, P.A.
101 North Monroe Street, Suite 120
Tallahassee, Florida 32301
Tel: 850.222.6550
Fax: 850.222.8783
Attorneys for Defendant, City of Lynn Haven
13892105.1Composite Exhibit AFiling # 103698848 E-Filed 02/21/2020 12:34:37 PM
IN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
SHAE KRISTINE MURDOCK,
Plaintiff,
vs.
CASE NO.: 2019 CA 004417
CITY OF LYNN HAVEN, and
LEONARD FRANCIS HINSON, individually,
Defendants.
/
DEFENDANT CITY OF LYNN HAVEN’S
FIRST REQUEST FOR PRODUCTION TO PLAINTIFF
Pursuant to Florida Rule of Civil Procedure 1.350, the Defendant, City of Lynn Haven,
hereby serves its First Request to Produce to Plaintiff, Shae Kristine Murdock, and in accordance
with the definitions and instructions on the attached Schedule A requests production of the
following:.
1. Any and all medical reports, records, evaluations, opinions, or statements for
medical services rendered for conditions, illnesses, or injuries caused by or unfavorably
affected by the acts complained of in the Complaint.
2. Any and all photographs and/or videos in the possession of the Plaintiff,
Plaintiff's agents or attorneys, which purport to depict injuries suffered by Plaintiff as alleged in
the Complaint.
3. Any and all documents, including but not limited to W2 Forms, income tax
returns, paycheck stubs, income statements, financial statements, and related items from
January 1, 2013, to the present related to any claim of loss of income or wages as a result of the
allegations of the Complaint.4, Any and all documents supporting any claim of lost wages or lost earnings as a
result of the subject incidents alleged in the Complaint.
5. Copies of any and all medical records, hospital records, emergency room
records, and records from any health care provider pertaining to the treatment of the Plaintiff
for any injuries sustained in the incidents as described in the Complaint.
6. Copies of any and all medical records, hospital records, emergency room records
and records from any health care provider pertaining to the treatment of the Plaintiff for any
reason including psychiatric, psychological or emotional counseling or treatment in the ten (10)
years prior to the incidents as described in the Complaint.
7. Copies of any and all medical bills and/or statements for services rendered, paid
or unpaid, as a result of the incidents as described in the Complaint, including any bills for
drugs or other related expenses.
8. Copies of any and all bills, statements or receipts relating to any non- medical
expenses claimed as damages in this lawsuit which have not been produced in response to any
of the preceding paragraphs.
9. Any and all statements, including, but not limited to, recorded telephone
interviews, deposition transcripts, tapes, or written statements, whether signed or unsigned, of
all witnesses to the incidents relative to the subject matter of this action and/or any person or
witnesses having knowledge regarding any and all facts and issues in the instant litigation.
10. Any and all photographs, diagrams, and sketches of the scene of the incidents
described in the Complaint.
11. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any
other tangible items or documentary evidence which you intend to use during the trial of thiscause and which have not been produced in response to any of the preceding paragraphs.
12. All claim forms submitted by Plaintiff pursuant to the policies of insurance
regarding the incident alleged in the Complaint.
13. Any and all emails, text messages, or correspondence between Plaintiff and any
current or former employee of the Lynn Haven Police Department.
14. A copy, front and back, of Plaintiffs driver license.
15. Executed versions of the attached Medical and Employment Release
Authorization forms.
16. Any and all documents which support the allegations in the Complaint.
17. Any public record requests submitted to any person or entity related to the issues
raised in the Complaint or any of the Defendants, and any responses received to any such
requests.
18. Any and all notice of claim letters filed on behalf of Plaintiff and any return
receipts or other documents reflecting delivery and receipt of any claim letter.
19. Any and all written documentation pertaining to any special damages you are
claiming as a result of the alleged actions of Defendants, including, but not limited to:
a. lost wages, lost raises or salary increases or benefits, front pay or benefits,
earnings or earning opportunities from any other source whether as an
employee, independent contractor or in any other status;
b. medical or mental health care expenses or amounts paid to any health-care or
mental health-care provider;
c. expenses for travel;d. any other item of expense or out-of-pocket expenditure incurred by you for
which you are claiming reimbursement or compensation.
20. Any and all documents which support or otherwise relate to the allegations of the
Complaint in this case or which in any way whatsoever relate to Plaintiff's claims against the
Defendants or which you anticipate using at any trial of this cause.
21. Any and all documents obtained from non-parties to this matter, including, but
not limited to, documents obtained through subpoenas to any records custodians, including, but
not limited to, Plaintiff's medical, psychological, psychiatric, educational and/or employment
records.
22. Any and all documents which Plaintiff furnished to or received from any
employment agencies, prospective employers or client or business opportunity, or other person
or entity which Plaintiff contacted or utilized to secure employment, compensation, business
opportunity or job training since January 1, 2013.
23. All reports, preliminary, interim and final, generated by any expert witness
whom you intend to call at trial of this cause; all correspondence between you or your attorney
and any such expert witness; any supporting materials provided to any such expert witness by
you or your attorney to be used by that expert witness for purposes of preparing or rendering
any report or testimony; any other materials related to the retention of any such expert witness,
any analysis conducted by that expert witness and any reports prepared or issued by any such
expert witness.
24. | The resume or vita of any expert witness you intend to call at any trial of this
case.
25. Any and all documents used in responding to Defendant City’s Interrogatories toPlaintiff or that contain information pertinent to the response to any interrogatories, including,
prior events or incidents identified in response to any answers to interrogatories; or the
development, implementation, enforcement of policies, customs or practices identified in
response to any of the interrogatories; or the failure to train, educate, monitor, evaluate or
supervise identified in response to any interrogatories.
26. Any and all documents used in responding to Defendant City’s Interrogatories to
Plaintiff or that contain information pertinent to the response to any interrogatories.
27. Any and all audiotapes or videotapes relating to the issues raised in the
Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was served by e-Filing with the
Clerk of Court and via Florida e-Filing Portal to the following, this 21st day of February, 2020.
Marie A. Mattox Jeffrey S. Carter
MARIE A. MATTOX, P.A. Jeff Carter, P.A.
203 N. Gadsden Street P.O. Box 228
Tallahassee, Florida 32303 Panama City, Florida 32402
marie@matoxlaw.com Tel: (850) 387-0787
marlene@mattoxlaw.com jeff@jeffcarterpa.com
michelle@mattoxlaw.com service@jeffcarterpa.com
(Counsel for Plaintiff) (Counsel for Defendant, Hinson)s/ Kayla E. Platt Rady
J. DAVID MARSEY
Florida Bar No.: 0010212
E-mail: dmarsey@rumberger.com (primary)
docketingorlando@rumberger.com and
kradysecy@rumberger.com (secondary)
KAYLA E. PLATT RADY
Florida Bar No.: 0117896
E-mail: krady@rumberger.com (primary)
docketingorlando@rumberger.com and
kradysecy@rumberger.com (secondary)
RUMBERGER, KIRK, & CALDWELL, P.A.
101 North Monroe Street, Suite 120
Tallahassee, Florida 32301
Tel: 850.222.6550
Fax: 850.222.8783
Attorneys for Defendant, City of Lynn HavenSCHEDULE “A” TO REQUEST FOR PRODUCTION
DEFINITIONS AND INSTRUCTIONS
A. The term “document” or “documents” shall mean all information in tangible form
and shall include, without limiting the generality of the foregoing, all writings, including but not
limited to letters, telegrams, memoranda, memoranda of conferences or telephone conversations,
calendar or diary entries, minutes, pamphlets, notes, charts, tabulations, press releases, legal
documents, accountant entries, records of meetings, studies, lists, compilations of data, papers,
books, records, contracts, pictures, photographs, tapes, invoices, newspaper clippings, cancelled
checks, receipts, vouchers, certificates, promissory notes, and other evidence of indebtedness and
all drafts and copies of documents hereinbefore defined by whatever means made. If multiple
copies of a document exist, each copy which is in any way not completely identical to a copy
which is being produced also should be produced.
B. The term “document” also includes every other means by which information is
recorded or transmitted including but not limited to tape recordings, floppy or hard disks,
microfilms, punch cards, and recordings used in data processing, together with the written
information necessary to understand and use such films, disks, or records.
Cc. The term “document” also includes all information stored or transmitted
electronically, including emails.
D. The term “communication” means the act or fact of communicating including
telephone conversations, letters, memoranda, or other written communication, meetings or any
occasion of joint or mutual presence, as well as the transfer of any document from one person to
another.
E. Unless otherwise specified herein, this request calls for documents which were
prepared, sent, received or utilized at any time up to and including the date of production.
F. If any of the documents requested herein is withheld under a claim of privilege,
furnish a list identifying each such document and state the date of the document, its author and
addressee, each person to whom copies of the document were furnished or to whom the contents
thereof were communicated, a summary of the subject matter of the document, its present
location and custodian, the basis upon which the asserted privilege is claimed and the requests to
which the document is responsive.
G. This request is deemed to be continuing in nature, and in the event you become
aware of or acquire in your possession, custody or control additional responsive documents, you
are requested promptly to produce such additional documents for inspection and copying.AUTHORIZATION FOR EMPLOYMENT RECORDS
TO: Records Custodian
This will serve to authorize Kayla E. Platt Rady, Esq. of the law firm of RUMBERGER,
KIRK & CALDWELL, P.A., or its representative, to obtain a complete copy of the personnel file
of Shae Kristine Murdock, DOB: XX-XX-1974 SSN: (to be produced upon request)
including, but not limited to: any and all employment applications, payroll records, disciplinary
records, records of evaluations, first aid records, medical records, pre-employment physical
examination records, workers' compensation records, wage statements, termination records,
foreman or supervisor's notes, or other records or documents whatsoever maintained by you, or
any third-party administrator, including any and all records contained on a computer hard drive,
a floppy disk, a compact disk, a backup tape or microfiche. I authorize you to produce these
records without the necessity of a subpoena to Kayla E. Platt Rady, Esq., Rumberger, Kirk &
Caldwell, P.A. She can be reached by mail at 101 North Monroe Street, Suite 120, Tallahassee,
Florida 32301. Our phone number is (850) 222-6550 and our fax number is (850) 222-8783.
She can also be reached by electronic mail krady@rumberger.com.
Shae Kristine Murdock
Date:
13200237.v1AUTHORIZATION FOR RELEASE OF MEDICAL AND INSURANCE INFORMATION
(In compliance with HIPAA)
TO: — Records Custodian
I, Shae Kristine Murdock, hereby authorize the Records Custodian named above to furnish any and all records and
information requested by the law firm of RUMBERGER, KIRK & CALDWELL, P.A., or any representative of said firm,
pertaining to:
Shae Kri
‘ine Murdock DOB: XX-XX-XXXX; SSN: (provided upon request)
The dates covered by this authorization are: All records in your possession.
The records are being requested in connection with pending civil litigation.
I understand this authorization is voluntary. I understand that the information used or disclosed may be subject to re-
disclosure by the person or class of persons or facility receiving it, and would then no longer be protected federal privacy
regulations. I further understand that if this authorization is to a medical provider that he/she may not condition treatment,
payment, enrollment or medical eligibility of me on whether or not I sign the authorization.
The hospital, medical facility, medical provider, or insurance carrier is authorized to release the following medical
reports, including, if applicable, medical information regarding psychiatric, drug and/or alcohol diagnosis and treatment, HIV
and Hepatitis test results:
[X] Complete Medical Record [X] EKG/EEG Reports
[X] Billing Records [X] Lab Reports
[X] Ambulatory Surgery Record [X] Pathology
[X] Emergency Room Record [X] Operative Report/Path Reports
[X] Discharge Summary [X] History & Physical Exam
[X] Admission Notes/Summary [X] Radiology Reports and Films
[X] Any and all insurance claim records [ ] Review Only
[ ] Physician/Patient Abstract (DC Summary, OP Report, Pathology, H&P, Consults, Lab, X-Ray, Diagnostic tests)
This authorization expires one hundred eighty (180) days from the date signed. The consent to disclose information
may be revoked by me at any time in writing except to the extent that action has been taken in reliance thereon. I am entitled to
receive a copy of this Authorization.
Any photostatic copy of this authorization may serve as an original.
DATED:
SHAE KRISTINEM MURDOCK
SWORN TO AND SUBSCRIBED TO before me this day of » 2020.
My Commission Expires:
Notary Public
FORWARD RECORDS TO:
KAYLA E. PLATT RADY, ESQ.
Rumberger, Kirk & Caldwell
101 North Monroe Street, Suite 120
Tallahassee, Florida 32301
Telephone: (850) 222-6550
Fax: (850) 222-8783
krady@rumberger.com
13200224.v1Filing # 103698848 E-Filed 02/21/2020 12:34:37 PM
IN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
SHAE KRISTINE MURDOCK,
Plaintiff,
vs.
CASE NO.: 2019 CA 004417
CITY OF LYNN HAVEN, and
LEONARD FRANCIS HINSON, individually,
Defendants.
/
DEFENDANT CITY OF LYNN HAVEN’S
NOTICE OF SERVICE OF FIRST SET OF
INTERROGATORIES TO PLAINTIFF
TO: THE CLERK OF THE ABOVE-STYLED COURT:
YOU WILL PLEASE TAKE NOTICE that Interrogatories numbered 1 through 13 were
propounded to Plaintiff, Shae Kristine Murdock, by Defendant, City of Lynn Haven, by e-
mail, this 21st day of February, 2020.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was served by e-Filing with the
Clerk of Court and via Florida e-Filing Portal to the following, this 21st day of February, 2020.
Marie A. Mattox Jeffrey S. Carter
MARIE A. MATTOX, P.A. Jeff Carter, P.A.
203 N. Gadsden Street P.O. Box 228
Tallahassee, Florida 32303 Panama City, Florida 32402
marie@matoxlaw.com Tel: (850) 387-0787
marlene@mattoxlaw.com jeff@jeffcarterpa.com
michelle@mattoxlaw.com service@jeffcarterpa.com
(Counsel for Plaintiff) (Counsel for Defendant, Hinson)s/ Kayla E. Platt Rady
J. DAVID MARSEY
Florida Bar No.: 0010212
E-mail: dmarsey@rumberger.com (primary)
docketingorlando@rumberger.com and
kradysecy@rumberger.com (secondary)
KAYLA E. PLATT RADY
Florida Bar No.: 0117896
E-mail: krady@rumberger.com (primary)
docketingorlando@rumberger.com and
kradysecy@rumberger.com (secondary)
RUMBERGER, KIRK, & CALDWELL, P.A.
101 North Monroe Street, Suite 120
Tallahassee, Florida 32301
Tel: 850.222.6550
Fax: 850.222.8783
Attorneys for Defendant, City of Lynn HavenIN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
SHAE KRISTINE MURDOCK,
Plaintiff,
vs.
CASE NO.: 2019 CA 004417
CITY OF LYNN HAVEN, and
LEONARD FRANCIS HINSON, individually,
Defendants.
/
FIRST SET OF INTERROGATORIES TO PLAINTIFF
Pursuant to Florida Rule of Civil Procedure 1.340, the Defendant, City of Lynn Haven,
propounds the following Interrogatories to Plaintiff, Shae Kristine Murdock, to be answered
fully, in writing and under oath, within thirty (30) days from the date of service hereof.
When answering the following Interrogatories, please refer to Schedule “A” attached
hereto.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was served by e-Filing with the
Clerk of Court and via Florida e-Filing Portal to the following, this 21st day of February, 2020.
Marie A. Mattox Jeffrey S. Carter
MARIE A. MATTOX, P.A. Jeff Carter, P.A.
203 N. Gadsden Street P.O. Box 228
Tallahassee, Florida 32303 Panama City, Florida 32402
marie@matoxlaw.com Tel: (850) 387-0787
marlene@mattoxlaw.com jeff@jeffcarterpa.com
michelle@mattoxlaw.com service@jeffcarterpa.com
(Counsel for Plaintiff) (Counsel for Defendant, Hinson)s/ Kayla E. Platt Rady
J. DAVID MARSEY
Florida Bar No.: 0010212
E-mail: dmarsey@rumberger.com (primary)
docketingorlando@rumberger.com and
kradysecy@rumberger.com (secondary)
KAYLA E. PLATT RADY
Florida Bar No.: 0117896
E-mail: krady@rumberger.com (primary)
docketingorlando@rumberger.com and
kradysecy@rumberger.com (secondary)
RUMBERGER, KIRK, & CALDWELL, P.A.
101 North Monroe Street, Suite 120
Tallahassee, Florida 32301
Tel: 850.222.6550
Fax: 850.222.8783
Attorneys for Defendant, City of Lynn HavenSCHEDULE “A” TO INTERROGATORIES
DEFINITIONS AND INSTRUCTIONS
These instructions and definitions pertain to the Interrogatories immediately following.
1. The word “person(s)” means any natural person, individual, entity, including but
not limited to, joint owners, companies, partnerships, joint ventures, corporations, trusts, estates,
limited partnerships, associations, proprietorships, firms, other business enterprises, or
government bodies.
2. The word “document(s)” means all written, recorded or graphic matter, however
produced or reproduced, pertaining in any manner to the subject matter indicated and including
without limiting the generality of the foregoing, all originals, copies and drafts of all
correspondence, office memoranda, memoranda of telephone conversations, telegraphs,
messages, contracts, studies, cancelled checks, graphs, photographs, releases, newspaper or
magazine articles, books, financial statements, ledgers, transcripts, affidavits, tapes, tape
recordings and phonograph records, whether originals, and all non-identical copies, or drafts,
however produced or reproduced.
3. “Communication” means any oral statement or writing.
4, As used herein, the singular and masculine form of noun or pronoun shall
embrace, and be read and applied as the plural or the feminine or neuter, as circumstances may
make appropriate.
5. The word “identify” when used with respect to a person means:
a. State the full name, present address, and telephone number of said
person;
b. State the full name, address, and telephone number of each of his
employers, each corporation of which he is an officer or director, and each business in
which he is a principal.
6. The word “identify” when used with respect to a document means:
a. Describe the document by date and subject matter;
b. Identify the person or persons that authored, wrote, signed,
initialed, dictated, or otherwise participated in the creation of the document; and
Cc. Identify the name, address, and telephone number of the person
who has custody of the document.7. The word “identify” when used with respect to an act, occurrence, statement,
event or conduct, means to describe the substance of such act, occurrence, statement, event or
conduct; the date of occurrence; the identity of each and every person participating in such act,
occurrence, statement, event or conduct, whether any minutes, notes, memoranda or any other
writing or recordation exists regarding such act, occurrence, statement, event or conduct; and
identify the person or persons who presently have custody of said recordation or writing.
8. If all the information furnished in answer to all or any part of an interrogatory is
not within the personal knowledge of the affiant, identify each person to whom all or any part of
the information furnished is a matter of personal knowledge, and each person who
communicated to the affiant any part of the information furnished.
9. If the answer to all or any part of the interrogatory is not presently known or
available, include a statement to that effect and furnish the information known or available and in
response to the entire interrogatory by supplemental answer in writing, and under oath, within
ten (10) days from the time the entire answer becomes known or available.
10. Unless otherwise noted in a particular interrogatory, the time period covered by
these interrogatories is from January 1, 2016 to the present.FIRST SET OF INTERROGATORIES TO PLAINTIFF
INTERROGATORY NO. 1:
List your full name and any other name by which you have ever been known, your date
of birth, social security number, driver’s license number, occupation, all addresses where you
have lived for the past ten (10) years and the dates you lived at each address, and if you are or
have ever been married, the names of each spouse, the date and place of each marriage, and list
any children born of each marriage.
RESPONSE:
INTERROGATORY NO. 2:
Have you ever been arrested for a crime, other than any juvenile adjudication, which
under the law under which you were convicted was punishable by death or imprisonment in
excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment?
If so, state as to each conviction the specific crime and the date and place of conviction.
RESPONSE:INTERROGATORY NO. 3:
Did you consume any alcoholic beverages or take any drugs or medications within 24
hours before the time of the incident described in the Complaint? If so, state the type and
amount of alcoholic beverages, drugs, or medication which were consumed, and when and where
you consumed them.
RESPONSE:
INTERROGATORY NO. 4:
Describe each injury for which you are claiming damages in this case, specifying the part
of your body that was injured, the nature of the injury, and as to any injuries you contend are
permanent, the effects on you that you claim are permanent.
RESPONSE:INTERROGATORY NO. 5:
Please list every pre-existing condition that you believe was aggravated by the subject
accident.
RESPONSE:
INTERROGATORY NO. 6:
Do you contend you have lost any income, benefits, or earning capacity in the future as a
result of the incident described in the Complaint? If so, state the nature of the income, benefits,
or earning capacity, the amount and the method that you used in computing the amount.
RESPONSE:INTERROGATORY NO. 7:
List the names, business addresses, dates of employment, supervisors and rates of pay
regarding all employers, including self-employment, for whom you have worked in the past ten
(10) years.
RESPONSE:
INTERROGATORY NO. 8:
List each item of expense or damage that you claim to have incurred as a result of the
incident described in the Complaint, giving for each item the date incurred, the name and
business address to whom each was paid or is owed, and the goods or services for which each
was incurred; please include in this answer an itemized statement of all monetary losses
sustained by you to date as a result of the alleged accident, and the method by which you
completed or otherwise determined each such amount.
RESPONSE:INTERROGATORY NO. 9:
List the names and business addresses of each physician, medical provider or mental
health care provider who has treated or examined you, and each facility where you have received
any treatment or examination for the injuries for which you seek damages in this case; and state
as to each the date of treatment or examination and the injury or condition for which you were
examined or treated.
RESPONSE:
INTERROGATORY NO. 10:
List the names and business addresses of all other physicians, medical providers, mental
health care providers, facilities or other health care providers by whom or at which you have
been examined or treated in the previous ten (10) years; and state as to each the dates of
examination or treatment and the condition or injury for which you were examined or treated.
RESPONSE:INTERROGATORY NO. 11:
List the names and addresses of all persons who are believed or known by you, your
agents or attorneys to have any knowledge concerning any of the issues in this lawsuit; and
specify the subject matter about which the witness has knowledge.
RESPONSE:
INTERROGATORY NO. 12:
Describe in detail each act or omission on the part of any party to this lawsuit that you
contend constituted a false arrest/imprisonment as set forth in Plaintiff's Complaint. Identify
with specificity the factual bases for each claim, including the specific conduct you contend
constituted a breach of any purported duty, against each party.
RESPONSE:INTERROGATORY NO. 13:
Please state the basis for your contention in Count I of the Complaint that Plaintiffs
arrest lacked probable cause.
RESPONSE:By:
SHAE KRISTINE MURDOCK
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared by means of physical
presence Shae Kristine Murdock, who being first duly sworn, deposes and says that she is the
Plaintiff in the cause at issue and that she has read the above and foregoing Answers to
Interrogatories and the same are true and correct to the best of her knowledge and belief.
SWORN TO AND _ SUBSCRIBED before me _ this day of
, 2020.
Signature of Notary
PRINT, TYPE OR STAMP NAME OF
NOTARY
Personally known
OR Produced Identification
Type of Identification ProducedExhibit BFrom: Platt Rady, Kayla
Sent: Wednesday, March 4, 2020 12:32 PM
To: Dianne Esan
Ce: Scott, Aundrea; Stolba, Pam; Marsey, David
Subject: Re: Murdoch v. City of Lynn Haven, et al
Yes we will agree to a 30 day extension through and including April 23.
Sent from my iPhone
Kayla Platt Rady
On Mar 4, 2020, at 10:05 AM, Dianne Esan wrote:
Dear Ms. Krady: Will you kindly agree to a 30 day extension of time within which Plaintiff can respond to your
Interrogatories and Request for Production? | would appreciate your written confirmation that you agree and
the new due date. Thanks for your assistance and cooperation.
Sincerely,
Dianne Esan
Direct Phone: (704) 737-0886
Marie A. Mattox, PA
203 N. Gadsden Street
Tallahassee, FL 32308
dianne@mattoxlaw.comComposite Exhibit CFiling # 108490780 E-Filed 06/07/2020 08:48:50 PM
IN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR BAY COUNTY, FLORIDA
SHAE KRISTINE MURDOCK, CASE NO.: 19-CA-4417
FLA BAR NO.: 0739685
Plaintiff,
v.
CITY OF LYNN HAVEN, and
LEONARD FRANCIS HINSON,
individually,
Defendants.
/
NOTICE OF SERVICE OF PLAINTIFF’S VERIFIED ANSWERS TO
DEFENDANT CITY OF LYNN HAVEN’S FIRST SET OF INTERROGATORIES
Notice is hereby given that Plaintiffs Verified Answers to Defendant City of Lynn Haven’s
First Set of Interrogatories have been furnished by electronic mail to counsel for Defendant,
KAYLA E. PLATT RADY krady@rumberger.com on June 7, 2020.
Respectfully submitted,
/s/ Marie A. Mattox
Marie A. Mattox [FBN 0739685]
MARIE A. MATTOX, P. A.
203 North Gadsden Street
Tallahassee, FL 32301
Telephone: (850) 383-4800
Facsimile: (850) 383-4801
marie@mattoxlaw.com
susan@mattoxlaw.com
ATTORNEYS FOR PLAINTIFFIN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR BAY COUNTY, FLORIDA
SHAE KRISTINE MURDOCK, CASE NO.: 19-CA-4417
FLA BAR NO.: 0739685
Plaintiff,
v.
CITY OF LYNN HAVEN, and
LEONARD FRANCIS
HINSON,
individually,
Defendants.
/
PLAINTIFF’S VERIFIED ANSWER TO
DEFENDANT CITY’S FIRST SET OF INTERROGATORIES
Plaintiff, SHAE KRISTINE MURDOCK, by and through her undersigned counsel,
answers Defendant’s First Set of Interrogatories as follows:
1. List your full name and any other name by which you have ever been known, your date of
birth, social security number, driver’s license number, occupation, all addresses where you
have lived for the past ten (10) years and the dates you lived at each address, and if you are
or have ever been married, the names of each spouse, the date and place of each marriage,
and list any children born of each marriage.
ANSWER:
Shae Kristine Murdock
Shae Kristine McCoy
Shae Kristine Shipman
DO: aa
N a
FL DL:
Occupation: Hair Stylist/Salon owner
2617 Katie Marie lane, Lynn Haven, Fl 32444 (December 2018 - present)
3110 Meadow St., Lynn Haven, Fl 32444 (March 2016 - December 2018)
Eagles Landing Harrison Ave, Panama City Fl, 32405 (August 2014 - March 2016)
1807 Massachusetts Ave., Lynn Haven Fl, 32444 (May 2009 - August 2014)
Ex-Spouse: Richard Shipman September 1994 — 1998, Peru, Indiana.
Ex-Spouse: Heath Murdock, June 2000 - May 2014, Panama City, FL, Daughter MM.2. Have you ever been arrested for a crime, other than any juvenile adjudication, which under
the law under which you were convicted was punishable by death or imprisonment in
excess of 1 year, or that involved dishonesty or a false statement regardless of the
punishment? If so, state as to each conviction the specific crime and the date and place of
conviction.
ANSWER:
No, I have never been arrested for a crime punishable by death or imprisonment in excess of 1
year.
3. Did you consume any alcoholic beverages or take any drugs or medications within 24
hours before the time of the incident described in the Complaint? If so, state the type and
amount of alcoholic beverages, drugs, or medication which were consumed, and when and
where you consumed them.
ANSWER:
Lisinopril for blood pressure the day before the arrest, Pro Air inhaler 2-3 times daily, and
Mylanta because I was suffering from severe diarrhea that morning. I drank an approximate
half-shot of fireball whiskey the morning of the arrest.
4. Describe each injury for which you are claiming damages in this case, specifying the part
of your body that was injured, the nature of the injury, and as to any injuries you contend
are permanent, the effects on you that you claim are permanent.
ANSWER:
I have suffered damages relating to lost wages and lost customers, mental anguish, emotional
distress, depression, anger, escalated levels of stress, feelings of helplessness, embarrassment,
humiliation, loss of capacity for the enjoyment of life, and illness.
5. Please list every pre-existing condition that you believe was aggravated by the subject
accident.
ANSWER:
None.
6. Do you contend you have lost any income, benefits, or earning capacity in the future as a
result of the incident described in the Complaint? If so, state the nature of the income,
benefits, or earning capacity, the amount and the method that you used in computing the
amount.ANSWER:
Tam a small business owner. In the year leading up to the actions in the complaint, 2017, my
income total was $20,836.00. The year of the incident 2018, my business had been growing
and my income totaled $21,406.00. Due to the actions of the Defendant, my business suffered
tremendously, and my 2019 income totaled $2,206.00. A loss of $19,200.00 in 2019, and the
losses continue to this day.
7. List the names, business addresses, dates of employment, supervisors and rates of pay
regarding all employers, including self-employment, for whom you have worked in the
past ten (10) years.
ANSWER:
For the past 10 years I have been self-employed, owner/operator.
Shae’s Salon
1020 W. 26" Street
Lynn Haven, FL 32444
Rate of Pay: Varies
8. List each item of expense or damage that you claim to have incurred as a result of the
incident described in the Complaint, giving for each item the date incurred, the name and
business address to whom each was paid or is owed, and the goods or services for which
each was incurred; please include in this answer an itemized statement of all monetary
losses sustained by you to date as a result of the alleged accident, and the method by which
you completed or otherwise determined each such amount.
ANSWER:
Due to the actions of the Defendant, my business suffered tremendously, and my 2019 income
totaled $2,206.00. A loss of $19,200.00 in 2019, and the losses continue to this day.
Attorney’s fees for my unlawful arrest total $7,500.00.
Court costs: $660.00
Community Payout: $250.00
Pre-Trial Intervention: $150.00
Reimbursement of Investigative Costs: $125.00
Bail: $1,000.00
Out of pocket costs for Medical and Medications: In the process of gathering and will
supplement upon receipt.
Flight and Hotel for my mother to fly down to bail me out of jail: In the process of gathering and
will supplement upon receipt.
Estimated Total Economic Damages at this time and without limitation: $29,060.00
Jam further entitled to damages relating to mental anguish, emotional distress, depression, anger,
escalated levels of stress, feelings of helplessness, embarrassment, humiliation, loss of capacity
for the enjoyment of life, and illness. I submit that the decision how much to award for thesedamages belongs to the jury and to the jury alone.
Talso claim entitlement to attorneys' fees and costs in this matter, lost pay increases and bonuses,
where applicable, punitive damages, amount sought will be the maximum allowed by law and
the facts of the case, and injunctive relief and other equitable relief as allowed by law.
Other damages may be made known during the course of this action.
9. List the names and business addresses of each physician, medical provider or mental health
care provider who has treated or examined you, and each facility where you have received
any treatment or examination for the injuries for which you seek damages in this case; and
state as to each the date of treatment or examination and the injury or condition for which
you were examined or treated.
ANSWER:
Family Clinic
Kimberly Rittman, D DO
621 Florida Avenue, Lynn Haven, FL 32444, 850-265-3606
General Practitioner and Family Doctor since 2015.
Shannon Williams, LMFT
121 Gwyn Drive, Panama City Beach, FL 32408, 850-769-3756
Counseling immediately following the incident in my complaint.
Life Management Center
525 East 15th Street, Panama City, FL 32405
Counseling for emotional distress on June 6, 2018, day after Willoughby came to my business.
10. List the names and business addresses of all other physicians, medical providers, mental
health care providers, facilities or other health care providers by whom or at which you
have been examined or treated in the previous ten (10) years; and state as to each the dates
of examination
ANSWER:
In addition to the answer to interrogatory number 9:
Mike Noble
Southern Orthopedic
1827 Harrison Avenue, Panama City, FL 32405, 850-785-4344
Have been going to Southern Orthopedic for the past 10 years.Coastal OB/GYN
Dr. Morrow and Dr Jones
25 Doctors Drive, Panama City, FL 32405, 850-785-0515
Annual check-ups since 1997.
Brent Decker, Ph.D.
Psychologist
734 Jenks Avenue, Panama City, FL 32405, 850-522-9456
3 or 4 visits around 2015 or 2016 for Attention Deficit Disorder (ADD).
11. List the names and addresses of all persons who are believed or known by you, your age
Preview
Filing # 112101724 E-Filed 08/20/2020 09:56:14 AM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA SHAE KRISTINE MURDOCK, Plaintiff, vs. CASE NO.: 2019 CA 004417 CITY OF LYNN HAVEN, and LEONARD FRANCIS HINSON, individually, Defendants. / DEFENDANT CITY OF LYNN HAVEN’S SECOND MOTION TO COMPEL DISCOVERY AND AWARD OF EXPENSES AND ATTORNEY FEES Defendant City of Lynn Haven (“City”) by and through the undersigned counsel, and pursuant to Fla. R. Civ. P. 1.380, hereby moves to compel responses to Interrogatories and Requests for Production and in support thereof states: 1. This is a false arrest/imprisonment case brought against the City and Co- Defendant Hinson, arising from a September 24, 2018, arrest of Plaintiff. In her Complaint, Plaintiff alleges lost wages and lost capacity to work. See Complaint, 19. 2. On February 21, 2020, the City served its First Request for Production and First Set of Interrogatories on Plaintiff. See Composite Exhibit A. Plaintiffs responses were due on or before March 23, 2020. On March 4, 2020, Plaintiff requested a 30-day extension, to and including April 23, 2020, to which the City agreed to. See Exhibit B. No responses were received by the agreed-upon extended due date.3. On June 7, 2020, Plaintiff filed her untimely responses to the City’s first set of Interrogatories and Requests for Production. See Composite Exhibit C. Relevant to this Motion, Plaintiff provided the following responses to the City’s first set of Interrogatories: Interrogatory No. 4: Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and as to any injuries you contend are permanent, the effects on you that you claim are permanent. Response: I have suffered damages relating to lost wages and lost customers.... Interrogatory No. 6: Do you contend you have lost any income, benefits, or earning capacity in the future as a result of the incident described in the Complaint? If so, state the nature of the income, benefits, or earning capacity, the amount and the method that you used in computing the amount. Response: I am a small business owner. In the year leading up to the actions in the complaint, 2017, my income total was $20,836.00. The year of the incident 2018, my business has been growing and my income totaled $21,406.00. Due to the actions of the Defendant, my business suffered tremendously, and my 2019 income totaled $2,206.00. A loss of $19,200.00 in 2019, and the losses continue to this day. Interrogatory No. 7: List the names, business addresses, dates of employment, supervisors and rates of pay regarding all employers, including self-employment, for whom you have worked in the past ten (10) years. Response: For the past 10 years I have been self-employed, owner/operator. Shae’s Salon 1020 W. 26th Street Lynn Haven, FL 32444 Rate of Pay: Varies Interrogatory No. 8: List each item of expense or damage that you claim to have incurred as a result of the incident described in the Complaint, giving for each item the date incurred, the name and business address to whom each was paid or is owed, and the goods or services for which each was incurred; please include in this answer an itemized statement of all monetary losses sustained by you to date as a result of the alleged accident, and the method by which you completed or otherwise determined each such amount. Response: Due to the actions of the Defendant, my business suffered tremendously, and my 2019 income totaled $2,206.00. A loss of $19,200.00 in 2019, and the losses continue to this day....Estimated Total Economic Damagesat this time and without limitation: $29,060.00... I also claim entitlement to attorneys' fees and costs in this matter, lost pay increases and bonuses... 4. In an effort to obtain additional discovery on the lost wage and business income damages Plaintiff is asserting as a result of her allegedly false arrest, the City served its Second Request for Production and Second Set of Interrogatories on Plaintiff on July 9, 2020. See Composite Exhibit D. 5. On July 28, 2020, Plaintiff timely served her responses to the City’s second set of Interrogatories and Requests for Production. See Composite Exhibit E. Instead of answering, however, Plaintiff has refused to provide damages information she herself has made at issue and instead, merely asserted meritless objections. There is no substantial justification for Plaintiff's refusal to provide damages discovery. 6. Morte specifically, the City sought the following documents in its second set of Requests for Production: Request No. 1: All bank statements reflecting income, credits and debits from January 1, 2016 to present. Request No. 2: All business tax returns from 2016 to present. Request No. 3: All permits or licenses issued to Plaintiff by the city of Lynn Haven, Florida. Request No. 4: All permits or licenses issued to Plaintiff by Bay County, Florida. Request No. 5: All permits or licenses issued to Plaintiff by the State of Florida. Request No. 6: All certificates showing successful completion of cosmetology school. For each Request, Plaintiff asserted identical objections: Plaintiff objects to the extent that this request is overly broad, seek records that are irrelevant, are not reasonably calculated to lead to the discovery of admissible evidence in this case, seek confidential financial and other personal identifying information about Plaintiff that has no bearing whatsoever on any of the issues in this case as between Defendant and Plaintiff. Additionally, the information sought is a fishing expedition not geared to obtain documents that would beadmissible at trial and are designed to harass, embarrass, annoy, and oppress Plaintiff. Rather than laser focusing on the discrete issues in this case; namely, whether Defendant is liable for false imprisonment/arrest and, if so, what is the nature of Plaintiff's damages, Defendant is instead trying to case as wide a net as possible in discovery to annoy and harass Plaintiff. 7. The City also served a single Interrogatory in its second set of Interrogatories and Plaintiff objected: Interrogatory No. 1: Identify all personal and business bank accounts. Response: Plaintiff objects to the extent that this interrogatory seeks information that is confidential, or which is not relevant to the subject matter involved in the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. Additionally, the information sought is a fishing expedition not geared to obtain documents that would be admissible at trial. Rather than laser focusing on the discrete issues in this case; namely whether Defendant is liable for false imprisonment/arrest and, if so, what is the nature of Plaintiffs damages, Defendant is instead trying to case as wide a net as possible in discovery to annoy and harass Plaintiff. 8. Plaintiff's objections are clearly meritless as the information sought in these Requests and Interrogatory are narrowly tailored to more fully discover the lost wage and lost business income she claims she suffered at the hands of her allegedly false arrest. The discovery of the records and information sought is self-evident and it is axiomatic that Plaintiff cannot both claim damages and then deprive the City of discovery of those damages. 9. On July 28, 2020, counsel for the City, via written correspondence (see Exhibit F), notified Plaintiff of the insufficient response and meritless objections and requested Plaintiff either withdraw all lost wage, business income and related economic damages claims or provide supplemental responses providing the requested documents and answering the sole interrogatory within seven (7) days.10. To date no discovery responses have been received and Plaintiff's counsel has not responded to the undersigned’s correspondence requesting discovery responses. Plaintiff has not requested an additional extension to supplement the deficient discovery responses. 11. The City hereby requests an order overruling Plaintiff's objections and requiring Plaintiff to provide full and complete responses to its written discovery, and where requested, to provide responsive documents within 10 days of issuance of the Court’s order. 12. Discovery is permitted on any matter, not privileged, that is relevant to the subject matter of the pending action. Fla. R. Civ. P. 1.280(b). It is well-settled that the purpose of discovery is to prevent the use of surprise and the revelation through discovery procedures encourages settlement of cases and avoids costly litigation. Surf Drugs, Inc. v. Vermette, 236 So. 2d 108,111 (Fla. 1970). 13. The Interrogatory served by the City is reasonably calculated to lead to the discovery of admissible evidence of liability or damages. Similarly, the Requests for Production served by the City are tailored to obtain evidence within the scope of discovery. 14. In the Complaint, Plaintiff seeks, among other things, lost wages, lost capacity to work and loss of other economic damages. In response to the City’s First Interrogatories, Number 4, Plaintiff again claimed lost wages and lost customers. In response to Interrogatory Number 6, Plaintiff specifically claimed lost business income in the amount of $19,200 in 2019 alone, as well as continuing losses. In response to Interrogatory Number 7, Plaintiff identified her employment for the past 10 years as being a self-employed owner operator of Shae’s Salon. The record of Plaintiff's claimed damages are clear and it is disingenuous to both claim these damages and then assert meritless objections to discovery of the very information and documents that support or refute these claims.15. More specifically, the requested banking and tax records are intended to identify sources of income and business expenses, to test Plaintiff's yet-unsubstantiated claims of lost revenue and will lead to evidence as to the income of Shae’s Salon, as well as any personal wages Plaintiff obtained as a result of her self-employment. The licensure and certification Requests are intended to identify evidence as to whether Plaintiff was in fact licensed to operate the salon she claims was adversely impacted by her arrest. 16. Based on the foregoing, the discoverability of this information cannot be reasonably contested in light of Plaintiff's damages claims and thus, her objections are not well- founded. 17. Where a motion to compel is granted, “and after opportunity for hearing, the court shall require the party...whose conduct necessitated the motion to pay to the moving party the reasonable expenses incurred in obtaining the order that may include attorneys' fees unless the court finds that the movant failed to certify in the motion that a good faith effort was made to obtain the discovery without court action, that the opposition to the motion was justified, or that other circumstances make an award of expenses unjust.” Fla. R. Civ. P. 1.380(a)(4). Here, there can be no question that the movant made a good faith effort to obtain the discovery without court action — after receiving Plaintiff's objections to the City’s second set of written discovery, on July 28, 2020, the undersigned counsel for the City notified Plaintiff of the insufficient and meritless objections and requested Plaintiff to either withdraw her lost wage, business income, and related economic damages claims or provide supplemental responses providing the requested documents and answering the sole interrogatory within seven (7) days; as of the date of this filing, almost a month after the undersigned’s correspondence to Plaintiffs counsel, Plaintiff'scounsel has failed to either express any justification as to why the asserted objections have merit or supplement her responses. 18. Plaintiff was required to, but did not, fully respond to the City’s Second Interrogatory and Second Requests for Production and should now be compelled to do so. Fla. R. Civ. P. 1.380(a)(2). 19. Because the City has incurred expenses and attorney fees in furtherance of its efforts to obtain Plaintiff's compliance with her discovery obligations, the City is entitled to reimbursement thereof, and this Court should also award the reasonable expenses, including attorneys’ fees, incurred in obtaining an order to compel the required discovery. Fla. R. Civ. P. 1.380(a)(4). WHEREFORE, the City of Lynn Haven respectfully requests an order compelling Plaintiff to fully respond to its Second Set of Interrogatories and Requests for Production within 10 days of issuance of the Court’s Order and an order awarding the reasonable expenses, including attorneys’ fees, incurred in obtaining the order compelling Plaintiff's responses to discovery. CERTIFICATE OF CONFERENCE AND GOOD FAITH I HEREBY CERTIFY that the undersigned contacted counsel for Plaintiff in writing in a good faith effort to obtain responses to discovery without court intervention. However, no response to the discovery or the correspondence was received.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was served by e-Filing with the Clerk of Court and via Florida e-Filing Portal to the following, this 20th day of August, 2020. Marie A. Mattox Jeffrey S. Carter MARIE A. MATTOX, P.A. Jeff Carter, P.A. 203 N. Gadsden Street P.O. Box 228 Tallahassee, Florida 32303 Panama City, Florida 32402 marie@matoxlaw.com Tel: (850) 387-0787 marlene@mattoxlaw.com jeff@jeffcarterpa.com michelle@mattoxlaw.com service@jeffcarterpa.com (Counsel for Plaintiff) (Counsel for Defendant, Hinson) s/ Kayla E. Platt Rady J. DAVID MARSEY Florida Bar No.: 0010212 E-mail: dmarsey@rumberger.com (primary) docketingorlando@rumberger.com and kradysecy@rumberger.com (secondary) KAYLA E. PLATT RADY Florida Bar No.: 0117896 E-mail: krady@rumberger.com (primary) docketingorlando@rumberger.com and kradysecy@rumberger.com (secondary) RUMBERGER, KIRK, & CALDWELL, P.A. 101 North Monroe Street, Suite 120 Tallahassee, Florida 32301 Tel: 850.222.6550 Fax: 850.222.8783 Attorneys for Defendant, City of Lynn Haven 13892105.1Composite Exhibit AFiling # 103698848 E-Filed 02/21/2020 12:34:37 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA SHAE KRISTINE MURDOCK, Plaintiff, vs. CASE NO.: 2019 CA 004417 CITY OF LYNN HAVEN, and LEONARD FRANCIS HINSON, individually, Defendants. / DEFENDANT CITY OF LYNN HAVEN’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Pursuant to Florida Rule of Civil Procedure 1.350, the Defendant, City of Lynn Haven, hereby serves its First Request to Produce to Plaintiff, Shae Kristine Murdock, and in accordance with the definitions and instructions on the attached Schedule A requests production of the following:. 1. Any and all medical reports, records, evaluations, opinions, or statements for medical services rendered for conditions, illnesses, or injuries caused by or unfavorably affected by the acts complained of in the Complaint. 2. Any and all photographs and/or videos in the possession of the Plaintiff, Plaintiff's agents or attorneys, which purport to depict injuries suffered by Plaintiff as alleged in the Complaint. 3. Any and all documents, including but not limited to W2 Forms, income tax returns, paycheck stubs, income statements, financial statements, and related items from January 1, 2013, to the present related to any claim of loss of income or wages as a result of the allegations of the Complaint.4, Any and all documents supporting any claim of lost wages or lost earnings as a result of the subject incidents alleged in the Complaint. 5. Copies of any and all medical records, hospital records, emergency room records, and records from any health care provider pertaining to the treatment of the Plaintiff for any injuries sustained in the incidents as described in the Complaint. 6. Copies of any and all medical records, hospital records, emergency room records and records from any health care provider pertaining to the treatment of the Plaintiff for any reason including psychiatric, psychological or emotional counseling or treatment in the ten (10) years prior to the incidents as described in the Complaint. 7. Copies of any and all medical bills and/or statements for services rendered, paid or unpaid, as a result of the incidents as described in the Complaint, including any bills for drugs or other related expenses. 8. Copies of any and all bills, statements or receipts relating to any non- medical expenses claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. 9. Any and all statements, including, but not limited to, recorded telephone interviews, deposition transcripts, tapes, or written statements, whether signed or unsigned, of all witnesses to the incidents relative to the subject matter of this action and/or any person or witnesses having knowledge regarding any and all facts and issues in the instant litigation. 10. Any and all photographs, diagrams, and sketches of the scene of the incidents described in the Complaint. 11. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of thiscause and which have not been produced in response to any of the preceding paragraphs. 12. All claim forms submitted by Plaintiff pursuant to the policies of insurance regarding the incident alleged in the Complaint. 13. Any and all emails, text messages, or correspondence between Plaintiff and any current or former employee of the Lynn Haven Police Department. 14. A copy, front and back, of Plaintiffs driver license. 15. Executed versions of the attached Medical and Employment Release Authorization forms. 16. Any and all documents which support the allegations in the Complaint. 17. Any public record requests submitted to any person or entity related to the issues raised in the Complaint or any of the Defendants, and any responses received to any such requests. 18. Any and all notice of claim letters filed on behalf of Plaintiff and any return receipts or other documents reflecting delivery and receipt of any claim letter. 19. Any and all written documentation pertaining to any special damages you are claiming as a result of the alleged actions of Defendants, including, but not limited to: a. lost wages, lost raises or salary increases or benefits, front pay or benefits, earnings or earning opportunities from any other source whether as an employee, independent contractor or in any other status; b. medical or mental health care expenses or amounts paid to any health-care or mental health-care provider; c. expenses for travel;d. any other item of expense or out-of-pocket expenditure incurred by you for which you are claiming reimbursement or compensation. 20. Any and all documents which support or otherwise relate to the allegations of the Complaint in this case or which in any way whatsoever relate to Plaintiff's claims against the Defendants or which you anticipate using at any trial of this cause. 21. Any and all documents obtained from non-parties to this matter, including, but not limited to, documents obtained through subpoenas to any records custodians, including, but not limited to, Plaintiff's medical, psychological, psychiatric, educational and/or employment records. 22. Any and all documents which Plaintiff furnished to or received from any employment agencies, prospective employers or client or business opportunity, or other person or entity which Plaintiff contacted or utilized to secure employment, compensation, business opportunity or job training since January 1, 2013. 23. All reports, preliminary, interim and final, generated by any expert witness whom you intend to call at trial of this cause; all correspondence between you or your attorney and any such expert witness; any supporting materials provided to any such expert witness by you or your attorney to be used by that expert witness for purposes of preparing or rendering any report or testimony; any other materials related to the retention of any such expert witness, any analysis conducted by that expert witness and any reports prepared or issued by any such expert witness. 24. | The resume or vita of any expert witness you intend to call at any trial of this case. 25. Any and all documents used in responding to Defendant City’s Interrogatories toPlaintiff or that contain information pertinent to the response to any interrogatories, including, prior events or incidents identified in response to any answers to interrogatories; or the development, implementation, enforcement of policies, customs or practices identified in response to any of the interrogatories; or the failure to train, educate, monitor, evaluate or supervise identified in response to any interrogatories. 26. Any and all documents used in responding to Defendant City’s Interrogatories to Plaintiff or that contain information pertinent to the response to any interrogatories. 27. Any and all audiotapes or videotapes relating to the issues raised in the Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was served by e-Filing with the Clerk of Court and via Florida e-Filing Portal to the following, this 21st day of February, 2020. Marie A. Mattox Jeffrey S. Carter MARIE A. MATTOX, P.A. Jeff Carter, P.A. 203 N. Gadsden Street P.O. Box 228 Tallahassee, Florida 32303 Panama City, Florida 32402 marie@matoxlaw.com Tel: (850) 387-0787 marlene@mattoxlaw.com jeff@jeffcarterpa.com michelle@mattoxlaw.com service@jeffcarterpa.com (Counsel for Plaintiff) (Counsel for Defendant, Hinson)s/ Kayla E. Platt Rady J. DAVID MARSEY Florida Bar No.: 0010212 E-mail: dmarsey@rumberger.com (primary) docketingorlando@rumberger.com and kradysecy@rumberger.com (secondary) KAYLA E. PLATT RADY Florida Bar No.: 0117896 E-mail: krady@rumberger.com (primary) docketingorlando@rumberger.com and kradysecy@rumberger.com (secondary) RUMBERGER, KIRK, & CALDWELL, P.A. 101 North Monroe Street, Suite 120 Tallahassee, Florida 32301 Tel: 850.222.6550 Fax: 850.222.8783 Attorneys for Defendant, City of Lynn HavenSCHEDULE “A” TO REQUEST FOR PRODUCTION DEFINITIONS AND INSTRUCTIONS A. The term “document” or “documents” shall mean all information in tangible form and shall include, without limiting the generality of the foregoing, all writings, including but not limited to letters, telegrams, memoranda, memoranda of conferences or telephone conversations, calendar or diary entries, minutes, pamphlets, notes, charts, tabulations, press releases, legal documents, accountant entries, records of meetings, studies, lists, compilations of data, papers, books, records, contracts, pictures, photographs, tapes, invoices, newspaper clippings, cancelled checks, receipts, vouchers, certificates, promissory notes, and other evidence of indebtedness and all drafts and copies of documents hereinbefore defined by whatever means made. If multiple copies of a document exist, each copy which is in any way not completely identical to a copy which is being produced also should be produced. B. The term “document” also includes every other means by which information is recorded or transmitted including but not limited to tape recordings, floppy or hard disks, microfilms, punch cards, and recordings used in data processing, together with the written information necessary to understand and use such films, disks, or records. Cc. The term “document” also includes all information stored or transmitted electronically, including emails. D. The term “communication” means the act or fact of communicating including telephone conversations, letters, memoranda, or other written communication, meetings or any occasion of joint or mutual presence, as well as the transfer of any document from one person to another. E. Unless otherwise specified herein, this request calls for documents which were prepared, sent, received or utilized at any time up to and including the date of production. F. If any of the documents requested herein is withheld under a claim of privilege, furnish a list identifying each such document and state the date of the document, its author and addressee, each person to whom copies of the document were furnished or to whom the contents thereof were communicated, a summary of the subject matter of the document, its present location and custodian, the basis upon which the asserted privilege is claimed and the requests to which the document is responsive. G. This request is deemed to be continuing in nature, and in the event you become aware of or acquire in your possession, custody or control additional responsive documents, you are requested promptly to produce such additional documents for inspection and copying.AUTHORIZATION FOR EMPLOYMENT RECORDS TO: Records Custodian This will serve to authorize Kayla E. Platt Rady, Esq. of the law firm of RUMBERGER, KIRK & CALDWELL, P.A., or its representative, to obtain a complete copy of the personnel file of Shae Kristine Murdock, DOB: XX-XX-1974 SSN: (to be produced upon request) including, but not limited to: any and all employment applications, payroll records, disciplinary records, records of evaluations, first aid records, medical records, pre-employment physical examination records, workers' compensation records, wage statements, termination records, foreman or supervisor's notes, or other records or documents whatsoever maintained by you, or any third-party administrator, including any and all records contained on a computer hard drive, a floppy disk, a compact disk, a backup tape or microfiche. I authorize you to produce these records without the necessity of a subpoena to Kayla E. Platt Rady, Esq., Rumberger, Kirk & Caldwell, P.A. She can be reached by mail at 101 North Monroe Street, Suite 120, Tallahassee, Florida 32301. Our phone number is (850) 222-6550 and our fax number is (850) 222-8783. She can also be reached by electronic mail krady@rumberger.com. Shae Kristine Murdock Date: 13200237.v1AUTHORIZATION FOR RELEASE OF MEDICAL AND INSURANCE INFORMATION (In compliance with HIPAA) TO: — Records Custodian I, Shae Kristine Murdock, hereby authorize the Records Custodian named above to furnish any and all records and information requested by the law firm of RUMBERGER, KIRK & CALDWELL, P.A., or any representative of said firm, pertaining to: Shae Kri ‘ine Murdock DOB: XX-XX-XXXX; SSN: (provided upon request) The dates covered by this authorization are: All records in your possession. The records are being requested in connection with pending civil litigation. I understand this authorization is voluntary. I understand that the information used or disclosed may be subject to re- disclosure by the person or class of persons or facility receiving it, and would then no longer be protected federal privacy regulations. I further understand that if this authorization is to a medical provider that he/she may not condition treatment, payment, enrollment or medical eligibility of me on whether or not I sign the authorization. The hospital, medical facility, medical provider, or insurance carrier is authorized to release the following medical reports, including, if applicable, medical information regarding psychiatric, drug and/or alcohol diagnosis and treatment, HIV and Hepatitis test results: [X] Complete Medical Record [X] EKG/EEG Reports [X] Billing Records [X] Lab Reports [X] Ambulatory Surgery Record [X] Pathology [X] Emergency Room Record [X] Operative Report/Path Reports [X] Discharge Summary [X] History & Physical Exam [X] Admission Notes/Summary [X] Radiology Reports and Films [X] Any and all insurance claim records [ ] Review Only [ ] Physician/Patient Abstract (DC Summary, OP Report, Pathology, H&P, Consults, Lab, X-Ray, Diagnostic tests) This authorization expires one hundred eighty (180) days from the date signed. The consent to disclose information may be revoked by me at any time in writing except to the extent that action has been taken in reliance thereon. I am entitled to receive a copy of this Authorization. Any photostatic copy of this authorization may serve as an original. DATED: SHAE KRISTINEM MURDOCK SWORN TO AND SUBSCRIBED TO before me this day of » 2020. My Commission Expires: Notary Public FORWARD RECORDS TO: KAYLA E. PLATT RADY, ESQ. Rumberger, Kirk & Caldwell 101 North Monroe Street, Suite 120 Tallahassee, Florida 32301 Telephone: (850) 222-6550 Fax: (850) 222-8783 krady@rumberger.com 13200224.v1Filing # 103698848 E-Filed 02/21/2020 12:34:37 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA SHAE KRISTINE MURDOCK, Plaintiff, vs. CASE NO.: 2019 CA 004417 CITY OF LYNN HAVEN, and LEONARD FRANCIS HINSON, individually, Defendants. / DEFENDANT CITY OF LYNN HAVEN’S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES TO PLAINTIFF TO: THE CLERK OF THE ABOVE-STYLED COURT: YOU WILL PLEASE TAKE NOTICE that Interrogatories numbered 1 through 13 were propounded to Plaintiff, Shae Kristine Murdock, by Defendant, City of Lynn Haven, by e- mail, this 21st day of February, 2020. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was served by e-Filing with the Clerk of Court and via Florida e-Filing Portal to the following, this 21st day of February, 2020. Marie A. Mattox Jeffrey S. Carter MARIE A. MATTOX, P.A. Jeff Carter, P.A. 203 N. Gadsden Street P.O. Box 228 Tallahassee, Florida 32303 Panama City, Florida 32402 marie@matoxlaw.com Tel: (850) 387-0787 marlene@mattoxlaw.com jeff@jeffcarterpa.com michelle@mattoxlaw.com service@jeffcarterpa.com (Counsel for Plaintiff) (Counsel for Defendant, Hinson)s/ Kayla E. Platt Rady J. DAVID MARSEY Florida Bar No.: 0010212 E-mail: dmarsey@rumberger.com (primary) docketingorlando@rumberger.com and kradysecy@rumberger.com (secondary) KAYLA E. PLATT RADY Florida Bar No.: 0117896 E-mail: krady@rumberger.com (primary) docketingorlando@rumberger.com and kradysecy@rumberger.com (secondary) RUMBERGER, KIRK, & CALDWELL, P.A. 101 North Monroe Street, Suite 120 Tallahassee, Florida 32301 Tel: 850.222.6550 Fax: 850.222.8783 Attorneys for Defendant, City of Lynn HavenIN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA SHAE KRISTINE MURDOCK, Plaintiff, vs. CASE NO.: 2019 CA 004417 CITY OF LYNN HAVEN, and LEONARD FRANCIS HINSON, individually, Defendants. / FIRST SET OF INTERROGATORIES TO PLAINTIFF Pursuant to Florida Rule of Civil Procedure 1.340, the Defendant, City of Lynn Haven, propounds the following Interrogatories to Plaintiff, Shae Kristine Murdock, to be answered fully, in writing and under oath, within thirty (30) days from the date of service hereof. When answering the following Interrogatories, please refer to Schedule “A” attached hereto. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was served by e-Filing with the Clerk of Court and via Florida e-Filing Portal to the following, this 21st day of February, 2020. Marie A. Mattox Jeffrey S. Carter MARIE A. MATTOX, P.A. Jeff Carter, P.A. 203 N. Gadsden Street P.O. Box 228 Tallahassee, Florida 32303 Panama City, Florida 32402 marie@matoxlaw.com Tel: (850) 387-0787 marlene@mattoxlaw.com jeff@jeffcarterpa.com michelle@mattoxlaw.com service@jeffcarterpa.com (Counsel for Plaintiff) (Counsel for Defendant, Hinson)s/ Kayla E. Platt Rady J. DAVID MARSEY Florida Bar No.: 0010212 E-mail: dmarsey@rumberger.com (primary) docketingorlando@rumberger.com and kradysecy@rumberger.com (secondary) KAYLA E. PLATT RADY Florida Bar No.: 0117896 E-mail: krady@rumberger.com (primary) docketingorlando@rumberger.com and kradysecy@rumberger.com (secondary) RUMBERGER, KIRK, & CALDWELL, P.A. 101 North Monroe Street, Suite 120 Tallahassee, Florida 32301 Tel: 850.222.6550 Fax: 850.222.8783 Attorneys for Defendant, City of Lynn HavenSCHEDULE “A” TO INTERROGATORIES DEFINITIONS AND INSTRUCTIONS These instructions and definitions pertain to the Interrogatories immediately following. 1. The word “person(s)” means any natural person, individual, entity, including but not limited to, joint owners, companies, partnerships, joint ventures, corporations, trusts, estates, limited partnerships, associations, proprietorships, firms, other business enterprises, or government bodies. 2. The word “document(s)” means all written, recorded or graphic matter, however produced or reproduced, pertaining in any manner to the subject matter indicated and including without limiting the generality of the foregoing, all originals, copies and drafts of all correspondence, office memoranda, memoranda of telephone conversations, telegraphs, messages, contracts, studies, cancelled checks, graphs, photographs, releases, newspaper or magazine articles, books, financial statements, ledgers, transcripts, affidavits, tapes, tape recordings and phonograph records, whether originals, and all non-identical copies, or drafts, however produced or reproduced. 3. “Communication” means any oral statement or writing. 4, As used herein, the singular and masculine form of noun or pronoun shall embrace, and be read and applied as the plural or the feminine or neuter, as circumstances may make appropriate. 5. The word “identify” when used with respect to a person means: a. State the full name, present address, and telephone number of said person; b. State the full name, address, and telephone number of each of his employers, each corporation of which he is an officer or director, and each business in which he is a principal. 6. The word “identify” when used with respect to a document means: a. Describe the document by date and subject matter; b. Identify the person or persons that authored, wrote, signed, initialed, dictated, or otherwise participated in the creation of the document; and Cc. Identify the name, address, and telephone number of the person who has custody of the document.7. The word “identify” when used with respect to an act, occurrence, statement, event or conduct, means to describe the substance of such act, occurrence, statement, event or conduct; the date of occurrence; the identity of each and every person participating in such act, occurrence, statement, event or conduct, whether any minutes, notes, memoranda or any other writing or recordation exists regarding such act, occurrence, statement, event or conduct; and identify the person or persons who presently have custody of said recordation or writing. 8. If all the information furnished in answer to all or any part of an interrogatory is not within the personal knowledge of the affiant, identify each person to whom all or any part of the information furnished is a matter of personal knowledge, and each person who communicated to the affiant any part of the information furnished. 9. If the answer to all or any part of the interrogatory is not presently known or available, include a statement to that effect and furnish the information known or available and in response to the entire interrogatory by supplemental answer in writing, and under oath, within ten (10) days from the time the entire answer becomes known or available. 10. Unless otherwise noted in a particular interrogatory, the time period covered by these interrogatories is from January 1, 2016 to the present.FIRST SET OF INTERROGATORIES TO PLAINTIFF INTERROGATORY NO. 1: List your full name and any other name by which you have ever been known, your date of birth, social security number, driver’s license number, occupation, all addresses where you have lived for the past ten (10) years and the dates you lived at each address, and if you are or have ever been married, the names of each spouse, the date and place of each marriage, and list any children born of each marriage. RESPONSE: INTERROGATORY NO. 2: Have you ever been arrested for a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. RESPONSE:INTERROGATORY NO. 3: Did you consume any alcoholic beverages or take any drugs or medications within 24 hours before the time of the incident described in the Complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. RESPONSE: INTERROGATORY NO. 4: Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and as to any injuries you contend are permanent, the effects on you that you claim are permanent. RESPONSE:INTERROGATORY NO. 5: Please list every pre-existing condition that you believe was aggravated by the subject accident. RESPONSE: INTERROGATORY NO. 6: Do you contend you have lost any income, benefits, or earning capacity in the future as a result of the incident described in the Complaint? If so, state the nature of the income, benefits, or earning capacity, the amount and the method that you used in computing the amount. RESPONSE:INTERROGATORY NO. 7: List the names, business addresses, dates of employment, supervisors and rates of pay regarding all employers, including self-employment, for whom you have worked in the past ten (10) years. RESPONSE: INTERROGATORY NO. 8: List each item of expense or damage that you claim to have incurred as a result of the incident described in the Complaint, giving for each item the date incurred, the name and business address to whom each was paid or is owed, and the goods or services for which each was incurred; please include in this answer an itemized statement of all monetary losses sustained by you to date as a result of the alleged accident, and the method by which you completed or otherwise determined each such amount. RESPONSE:INTERROGATORY NO. 9: List the names and business addresses of each physician, medical provider or mental health care provider who has treated or examined you, and each facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. RESPONSE: INTERROGATORY NO. 10: List the names and business addresses of all other physicians, medical providers, mental health care providers, facilities or other health care providers by whom or at which you have been examined or treated in the previous ten (10) years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. RESPONSE:INTERROGATORY NO. 11: List the names and addresses of all persons who are believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. RESPONSE: INTERROGATORY NO. 12: Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted a false arrest/imprisonment as set forth in Plaintiff's Complaint. Identify with specificity the factual bases for each claim, including the specific conduct you contend constituted a breach of any purported duty, against each party. RESPONSE:INTERROGATORY NO. 13: Please state the basis for your contention in Count I of the Complaint that Plaintiffs arrest lacked probable cause. RESPONSE:By: SHAE KRISTINE MURDOCK STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared by means of physical presence Shae Kristine Murdock, who being first duly sworn, deposes and says that she is the Plaintiff in the cause at issue and that she has read the above and foregoing Answers to Interrogatories and the same are true and correct to the best of her knowledge and belief. SWORN TO AND _ SUBSCRIBED before me _ this day of , 2020. Signature of Notary PRINT, TYPE OR STAMP NAME OF NOTARY Personally known OR Produced Identification Type of Identification ProducedExhibit BFrom: Platt Rady, Kayla Sent: Wednesday, March 4, 2020 12:32 PM To: Dianne Esan Ce: Scott, Aundrea; Stolba, Pam; Marsey, David Subject: Re: Murdoch v. City of Lynn Haven, et al Yes we will agree to a 30 day extension through and including April 23. Sent from my iPhone Kayla Platt Rady On Mar 4, 2020, at 10:05 AM, Dianne Esan wrote: Dear Ms. Krady: Will you kindly agree to a 30 day extension of time within which Plaintiff can respond to your Interrogatories and Request for Production? | would appreciate your written confirmation that you agree and the new due date. Thanks for your assistance and cooperation. Sincerely, Dianne Esan Direct Phone: (704) 737-0886 Marie A. Mattox, PA 203 N. Gadsden Street Tallahassee, FL 32308 dianne@mattoxlaw.comComposite Exhibit CFiling # 108490780 E-Filed 06/07/2020 08:48:50 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA SHAE KRISTINE MURDOCK, CASE NO.: 19-CA-4417 FLA BAR NO.: 0739685 Plaintiff, v. CITY OF LYNN HAVEN, and LEONARD FRANCIS HINSON, individually, Defendants. / NOTICE OF SERVICE OF PLAINTIFF’S VERIFIED ANSWERS TO DEFENDANT CITY OF LYNN HAVEN’S FIRST SET OF INTERROGATORIES Notice is hereby given that Plaintiffs Verified Answers to Defendant City of Lynn Haven’s First Set of Interrogatories have been furnished by electronic mail to counsel for Defendant, KAYLA E. PLATT RADY krady@rumberger.com on June 7, 2020. Respectfully submitted, /s/ Marie A. Mattox Marie A. Mattox [FBN 0739685] MARIE A. MATTOX, P. A. 203 North Gadsden Street Tallahassee, FL 32301 Telephone: (850) 383-4800 Facsimile: (850) 383-4801 marie@mattoxlaw.com susan@mattoxlaw.com ATTORNEYS FOR PLAINTIFFIN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA SHAE KRISTINE MURDOCK, CASE NO.: 19-CA-4417 FLA BAR NO.: 0739685 Plaintiff, v. CITY OF LYNN HAVEN, and LEONARD FRANCIS HINSON, individually, Defendants. / PLAINTIFF’S VERIFIED ANSWER TO DEFENDANT CITY’S FIRST SET OF INTERROGATORIES Plaintiff, SHAE KRISTINE MURDOCK, by and through her undersigned counsel, answers Defendant’s First Set of Interrogatories as follows: 1. List your full name and any other name by which you have ever been known, your date of birth, social security number, driver’s license number, occupation, all addresses where you have lived for the past ten (10) years and the dates you lived at each address, and if you are or have ever been married, the names of each spouse, the date and place of each marriage, and list any children born of each marriage. ANSWER: Shae Kristine Murdock Shae Kristine McCoy Shae Kristine Shipman DO: aa N a FL DL: Occupation: Hair Stylist/Salon owner 2617 Katie Marie lane, Lynn Haven, Fl 32444 (December 2018 - present) 3110 Meadow St., Lynn Haven, Fl 32444 (March 2016 - December 2018) Eagles Landing Harrison Ave, Panama City Fl, 32405 (August 2014 - March 2016) 1807 Massachusetts Ave., Lynn Haven Fl, 32444 (May 2009 - August 2014) Ex-Spouse: Richard Shipman September 1994 — 1998, Peru, Indiana. Ex-Spouse: Heath Murdock, June 2000 - May 2014, Panama City, FL, Daughter MM.2. Have you ever been arrested for a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. ANSWER: No, I have never been arrested for a crime punishable by death or imprisonment in excess of 1 year. 3. Did you consume any alcoholic beverages or take any drugs or medications within 24 hours before the time of the incident described in the Complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. ANSWER: Lisinopril for blood pressure the day before the arrest, Pro Air inhaler 2-3 times daily, and Mylanta because I was suffering from severe diarrhea that morning. I drank an approximate half-shot of fireball whiskey the morning of the arrest. 4. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and as to any injuries you contend are permanent, the effects on you that you claim are permanent. ANSWER: I have suffered damages relating to lost wages and lost customers, mental anguish, emotional distress, depression, anger, escalated levels of stress, feelings of helplessness, embarrassment, humiliation, loss of capacity for the enjoyment of life, and illness. 5. Please list every pre-existing condition that you believe was aggravated by the subject accident. ANSWER: None. 6. Do you contend you have lost any income, benefits, or earning capacity in the future as a result of the incident described in the Complaint? If so, state the nature of the income, benefits, or earning capacity, the amount and the method that you used in computing the amount.ANSWER: Tam a small business owner. In the year leading up to the actions in the complaint, 2017, my income total was $20,836.00. The year of the incident 2018, my business had been growing and my income totaled $21,406.00. Due to the actions of the Defendant, my business suffered tremendously, and my 2019 income totaled $2,206.00. A loss of $19,200.00 in 2019, and the losses continue to this day. 7. List the names, business addresses, dates of employment, supervisors and rates of pay regarding all employers, including self-employment, for whom you have worked in the past ten (10) years. ANSWER: For the past 10 years I have been self-employed, owner/operator. Shae’s Salon 1020 W. 26" Street Lynn Haven, FL 32444 Rate of Pay: Varies 8. List each item of expense or damage that you claim to have incurred as a result of the incident described in the Complaint, giving for each item the date incurred, the name and business address to whom each was paid or is owed, and the goods or services for which each was incurred; please include in this answer an itemized statement of all monetary losses sustained by you to date as a result of the alleged accident, and the method by which you completed or otherwise determined each such amount. ANSWER: Due to the actions of the Defendant, my business suffered tremendously, and my 2019 income totaled $2,206.00. A loss of $19,200.00 in 2019, and the losses continue to this day. Attorney’s fees for my unlawful arrest total $7,500.00. Court costs: $660.00 Community Payout: $250.00 Pre-Trial Intervention: $150.00 Reimbursement of Investigative Costs: $125.00 Bail: $1,000.00 Out of pocket costs for Medical and Medications: In the process of gathering and will supplement upon receipt. Flight and Hotel for my mother to fly down to bail me out of jail: In the process of gathering and will supplement upon receipt. Estimated Total Economic Damages at this time and without limitation: $29,060.00 Jam further entitled to damages relating to mental anguish, emotional distress, depression, anger, escalated levels of stress, feelings of helplessness, embarrassment, humiliation, loss of capacity for the enjoyment of life, and illness. I submit that the decision how much to award for thesedamages belongs to the jury and to the jury alone. Talso claim entitlement to attorneys' fees and costs in this matter, lost pay increases and bonuses, where applicable, punitive damages, amount sought will be the maximum allowed by law and the facts of the case, and injunctive relief and other equitable relief as allowed by law. Other damages may be made known during the course of this action. 9. List the names and business addresses of each physician, medical provider or mental health care provider who has treated or examined you, and each facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. ANSWER: Family Clinic Kimberly Rittman, D DO 621 Florida Avenue, Lynn Haven, FL 32444, 850-265-3606 General Practitioner and Family Doctor since 2015. Shannon Williams, LMFT 121 Gwyn Drive, Panama City Beach, FL 32408, 850-769-3756 Counseling immediately following the incident in my complaint. Life Management Center 525 East 15th Street, Panama City, FL 32405 Counseling for emotional distress on June 6, 2018, day after Willoughby came to my business. 10. List the names and business addresses of all other physicians, medical providers, mental health care providers, facilities or other health care providers by whom or at which you have been examined or treated in the previous ten (10) years; and state as to each the dates of examination ANSWER: In addition to the answer to interrogatory number 9: Mike Noble Southern Orthopedic 1827 Harrison Avenue, Panama City, FL 32405, 850-785-4344 Have been going to Southern Orthopedic for the past 10 years.Coastal OB/GYN Dr. Morrow and Dr Jones 25 Doctors Drive, Panama City, FL 32405, 850-785-0515 Annual check-ups since 1997. Brent Decker, Ph.D. Psychologist 734 Jenks Avenue, Panama City, FL 32405, 850-522-9456 3 or 4 visits around 2015 or 2016 for Attention Deficit Disorder (ADD). 11. List the names and addresses of all persons who are believed or known by you, your age