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Filing # 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 Kristine Murdock DOB: XX-XX-1974; 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.v1
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Filing # 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 Kristine Murdock DOB: XX-XX-1974; 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.v1