Free Request for Production of Documents - District Court of Delaware - Delaware

Case 1:05-cv-00055-KAJ

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBIN D. NICHOLS, Plaintiff, v. BENNETT DETECTIVE & PROTECTIVE AGENCY, INC., A Delaware corporation and ALLEN'S FAMILY FOODS, INC., A Delaware corporation, Defendants. | | | | | | | | | | | | | CIVIL ACTION

No. 05-055 KAJ

JURY TRIAL DEMANDED

DEFENDANT'S, BENNETT DETECTIVE & PROTECTIVE AGENCY, INC., FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF Defendant, Bennett Detective & Protective Agency, Inc., through its attorney, propound to Plaintiff the following requests for production of documents in accordance with Rule 34 of the Federal Rules of Civil Procedure. Definitions 1. "Documents" refers to things constituting documents within the

broadest scope and meaning of Rule 34(a), including, but not limited to: a) memoranda, Paper and other non-digital documents : correspondence, notes, calendars, diaries, books, manuals, brochures, checklists,

magazines, newspapers, newsletters, charts, diagrams, facsimile transmissions and cover sheets, photographs, audio and video recordings, and paper print-outs of electronic mail transmissions and any other digital files or data stored or displayed (i.e. "web pages") on the World Wide Web, Internet, intranet and/or on any URL or other address, location or site therein; and,

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b)

Digital documents, data and files: electronic mail transmissions and

any other digital files or data stored or displayed (i.e. "web pages") on the World Wide Web, Internet, intranet and/or on any URL or other address, location or site therein, and digitally created and/or stored or digitally created and magnetically stored correspondence, notes, memoranda, calendars, diaries, books, manuals, brochures, checklists, magazines, newspapers, newsletters, charts, diagrams, facsimile transmissions and cover sheets, photographs and images, and audio and video recordings. (Please identify such items in your responses to the below requests, but contact undersigned counsel to arrange the manner of their production). 2. "Documents" also refers to both the original document, and every

draft or differing version of the document, and every copy of the document that contains notes, comments, highlighting, initials, filing information, indication of date or time received or reviewed, or routing slips, or which differs in comparison to, or has been altered in any way from, the original. 3. Except as otherwise noted, "you" or "your" refers to Plaintiff and/or

any attorney, agent or representative acting on her behalf. 4. "BD&PA" refers to Bennett Detective & Protective Agency, its

owners and its employees. REQUESTS FOR PRODUCTION 1. All documents that you (not including your attorneys) maintain or

maintained as personal records, notes and/or diaries regarding matters set forth in your Complaint.

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RESPONSE:

2.

All correspondence, memoranda and notes to and from you (not

including communications to or from your attorneys) about any matter related to your claims in this case. RESPONSE:

3.

All written statements or affidavits by individuals concerning or

supporting your allegations in this action. RESPONSE:

4.

All documents that you submitted to, or received from, any state or

federal agency which relate or refer in any way to the allegations of your Complaint. RESPONSE:

5.

All statements or recordings that you have obtained from any

person regarding the subject matter of this action, or in connection with this action. RESPONSE:

6.

All reports of experts retained or employed by you to provide expert

testimony concerning your claims in this action.

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RESPONSE:

7.

All documents that relate, refer, or support your claims that you

suffered physical and/or psychological injuries as a result of the matters described in the Complaint. RESPONSE:

8.

All documents that relate or refer to, or evidence any damages you

claim you sustained as a result of the conduct of Defendants as alleged in your Complaint or any other monetary relief you are seeking in this action, including, but not limited to, any documents describing the methods you used to calculate such relief. RESPONSE:

9.

All documents relating or referring to any personal or written

communications, or telephone conversations, between or among you and any other person relating to the subject matter of the Complaint, any of the events referred to in the Complaint, any of your claims against Defendants, the damages you suffered, or the facts known, or testimony to be given, by any such person. RESPONSE:

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10.

All documents that relate or refer to, or evidence treatment or

counseling that you have received from any medical provider (including but not limited to doctors, psychiatrists, psychologists, counselors, physical therapists, mental therapists, hospitals and nursing homes) for any physical, psychological or emotional disease or disorder that you have or have ever had during the last ten years, including but not limited to medical records, physician or hospital bills, bills for treatment, counseling or therapy, notes, charts, test results, summaries, memoranda, correspondence, recordings of conversations, and diagnoses. RESPONSE:

11.

Any and all documents which refer or relate to, or upon which you

rely, with respect to any of the allegations of your Complaint. RESPONSE:

12.

Any and all documents identified by you or to which you referred in

preparing your response to BD&PA's First Set of Interrogatories directed to you. RESPONSE:

13. RESPONSE:

Copies of any writings that you intend to rely upon at trial.

14.

All documents that relate, refer to or evidence any wrongful racially

or sexually discriminating event during your employment with BD&PA.

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RESPONSE:

15.

All magnetic or digital visual and audio recordings and photographs

relating to your claims, including but not limited to, any and all such recordings and photographs of the voice or image of any BD&PA employee, and any and all such recordings or photographs taken of or at any BD&PA office or event. RESPONSE:

16.

Your high school and college diplomas, any professional

certifications or licenses you may have and other documents showing professional achievements in any field. RESPONSE:

17.

Every version of your resume created since the end of your

employment with BD&PA. RESPONSE:

18.

All documents containing or referring to complaints of discrimination

you have made against any person or company, including any judicial or administrative complaints, lawsuits, internal grievances and informal oral or written reports. RESPONSE:

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19.

All documents that relate, refer to or evidence any litigation in which

you have been involved as a party or witness, including all documents relating to any divorce or child-custody dispute. RESPONSE:

20.

All documents that relate, refer to or evidence your arrest or

conviction of any crime (felony or misdemeanor). RESPONSE:

21.

All documents that relate, refer to or evidence any EEOC or state

agency charge you have made, including all correspondence to an from the EEOC or state agency and all documents, statements and affidavits provided by you or on your behalf to the EEOC or state agency. RESPONSE:

22.

All correspondence with any owner, employee or former employee

of BD&PA and/or defendant Allen's Family Foods. RESPONSE:

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23.

All documents that relate to all remuneration, earnings, property

(real or personal), funds and/or other monies of any type that you have received, been offered, become eligible for, applied for or accepted, at any time following the termination of your employment with BD&PA, including, but not limited to social security benefits, rehabilitation benefits, disability benefits, workers' compensation benefits, unemployment benefits, winnings from gambling establishments or lotteries, wages, prizes, awards, commissions, bonuses, tips, inheritances, trust funds (principal and/or income), tax refunds, personal loans from private individuals, severance payments, gifts and/or settlement proceeds. RESPONSE:

24.

All documents which indicate or refer to any bankruptcy petition(s)

that you have filed or that have been filed on your behalf, or any legal proceedings conducted as a result of any such petitions. RESPONSE:

25.

All documents and digital data you removed from the premises of

BD&PA and/or defendant Allen's Family Foods at any time during and after your employment with BD&PA. RESPONSE:

26.

All documents relating to your job performance during your

employment with BD&PA.

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RESPONSE:

27.

All documents relating to your receipt of income from January 1,

1999 to the present, including W-2 forms and state and federal income tax returns. RESPONSE:

28.

All documents relating to any meetings, telephone calls or other

communications between you and BD&PA or Allen's Family Foods or any of their agents or employees relating to the subject matter of this lawsuit. RESPONSE:

29.

All documents that constitute communications between you and

any other person or entity, excluding your attorneys, concerning this action or the subject matter of this action. RESPONSE:

30.

All documents that identify schools (including, but not limited to,

high schools, colleges, vocational and others) that you attended and/or graduated from and including, without limitation, any documents that identify for each school: a. b. the address of the school; dates attended;

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c.

whether you graduated, and if not, the reasons and the

circumstances for leaving; d. e. the approximate cumulative grade point average you earned; any degree, diploma, certificate or any other certification of

completion of studies; and f. RESPONSE: any honors or discipline while in attendance.

31.

All documents, including but not limited to, applications, resumes

and cover letters you have submitted to potential employers for the purposes of obtaining employment from January 5, 2004 through and including the present. RESPONSE:

32.

All responses you have received from potential employers from

January 5, 2004 through and including the present. RESPONSE:

MURPHY SPADARO & LANDON

/s/ Roger D. Landon ROGER D. LANDON 1011 Centre Road, #210 Wilmington, DE 19805 (302) 472-8112 Attorney for Defendant Bennett Detective & Protective Agency, Inc.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBIN D. NICHOLS, Plaintiff, v. BENNETT DETECTIVE & PROTECTIVE AGENCY, INC., A Delaware corporation and ALLEN'S FAMILY FOODS, INC., A Delaware corporation, Defendants. | | | | | | | | | | | | | CIVIL ACTION

No. 05-055 KAJ

JURY TRIAL DEMANDED

NOTICE OF SERVICE I, Roger D. Landon, Esq., do hereby certify that on this 23rd day of August, 2005, two copies of the foregoing DEFENDANT'S, BENNETT DETECTIVE & PROTECTIVE AGENCY, FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF were e-filed and delivered in the manner indicated to the following individual(s): Via First Class Mail William D. Fletcher, Jr., Esq. Schmittinger & Rodriguez 414 S. State Street P.O. Box 497 Dover, DE 19903 Via Hand Delivery Matthew F. Boyer, Esq. Connolly Bove Lodge & Hutz 1007 N. Orange Street Wilmington, DE 19801

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Via First Class Mail Arthur M. Brewer, Esq. Shawe & Rosenthal, LLP Sun Life Building, 11th Floor 20 S. Charles Street Baltimore, MD 21201 MURPHY SPADARO & LANDON

/s/ Roger D. Landon ROGER D. LANDON, I.D. No. 2460 1011 Centre Road, #210 Wilmington, DE 19805 (302) 472-8112 Attorney for Defendant Bennett Detective & Protective Agency, Inc.

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