Free Response to Discovery - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM JOSEPH WEBB, JR., Plaintiff, v. FIRST CORRECTIONAL MEDICAL, et al., Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 07-31-GMS JURY TRIAL REQUESTED

DEFENDANT STAN TAYLOR'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Stan Taylor hereby responds to Plaintiff's Request for Production of Documents ("Request for Production"): GENERAL OBJECTIONS 1. Defendant objects to the Request for Production to the extent that it seeks

information or documents protected from disclosure by the attorney-client privilege, the work product doctrine, or any other applicable privilege. 2. Defendant objects to the Request for Production to the extent that it

purports to require supplementation of these responses beyond that required by Federal Rule of Civil Procedure 26(e). 3. Defendant objects to the Request for Production to the extent that it

purports to place duties upon them not set forth in, or contemplated by, the Federal Rules of Civil Procedure. 4. Defendant objects to the Request for Production to the extent that it

purports to seek information or documents not in their possession, custody or control.

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5.

Defendant objects to the Request for Production to the extent that it seeks

the production of documents equally available to Plaintiff or Plaintiff's counsel. Such documents will be identified by Defendants, but will not be produced. 6. Defendant objects to the Request for Production to the extent that it

purports to require production of information or documents which are impractical or unduly burdensome to reproduce. 7. Defendant objects to the Request for Production to the extent that it seeks

the production of documents generated by or received from counsel for Defendant in connection with this litigation on or after the date of the acceptance of representation on the grounds that such documents are protected by attorney-client and work product privileges. RESPONSES Subject to, and without waiver of the foregoing General Objections and those set forth in Defendant's Responses, Defendant responds, after a reasonable search, and subject to supplementation, as follows: 1. That Defendant produce and permit Plaintiff to inspect and to copy each of

the following documents: a. A complete copy of all documents, laws and statements that you plan to

use as evidence to support your defenses and/or at trial. (Make sure that any statements are made under oath). RESPONSE: Objection. This Request is premature. Answering Defendant will supplement this response as required by the Federal Rules of Civil Procedure. Without waiving these objections, Answering Defendant may use Plaintiff's medical file to

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support his defenses. Plaintiff has requested his medical file from Correctional Medical Services ("CMS"). b. A complete list of expert witnesses that you plan to use including their

qualifications, educational status, employment status, along with whether or not they have ever been sued and/or internally written up by anybody and/or ever investigated for any reason(s). RESPONSE: Answering Defendant has not yet retained any experts but reserves the right to do so and will supplement this Response as required by the Federal Rules of Civil Procedure. c. A complete list of expert witnesses that you plan to use including their

qualifications, educational status, employment status, along with whether or not they have ever been sued and/or internally written up by anybody and/or ever investigated for any reason(s). RESPONSE: See Response to Request b. d. A complete copy of any and all civil complaints, along with any internal

or external write ups filed against you within the last 10 years to include all depositions, discovery and disposition(s)/final order(s). RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome. Further objection that this Request has no relevance to Plaintiff's claims, requests information beyond the scope of Rule 26, and is not designed to lead to the discovery of admissible evidence. e. A complete copy of the contracts signed between the Delaware

Department of Corrections and First Correctional Medical.

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RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome. Further objection that this Request has no relevance to Plaintiff's claims, requests information beyond the scope of Rule 26, and is not designed to lead to the discovery of admissible evidence. Further objection that this Interrogatory seeks production for information protected from discovery by 29 Del.C.§10002(g)(13). f. A complete copy of the contracts signed between the Delaware

Department of Corrections and Correctional Medical Services. RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome. Further objection that this Request has no relevance to Plaintiff's claims, requests information beyond the scope of Rule 26, and is not designed to lead to the discovery of admissible evidence. Further objection that this Interrogatory seeks production fo information protected from discovery by 29 Del.C.§10002(g)(13). g. A complete list of nurses and doctors that have been allowed to DCC's

property between the years of 2005 and 2007 to include their name, employment status, color pictures and exactly what medical health care provider they worked for and the list of the doctors on call in case of an emergency. RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome. Without waiving this objection, the health care providers who treated Plaintiff are indicated in the Plaintiff's records, which Plaintiff has requested from CMS. h. A complete copy of your work history.

RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome. Without waiving this objection, see document attached hereto and Bates-stamped D00001-D00003, Exhibit A.

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i.

A complete copy off all documents in your possession that may be directly

or indirectly relevant to this litigation. RESPONSE: Answering Defendant retired from the State of Delaware Department of Correction effective January, 2007 and has no documents in his possession relevant to this litigation. j. A complete copy of all grievances and appeals of grievances, etc..(with

documentary evidence used to determine the outcome) filed by Plaintiff William Joseph Webb, Jr., #256056. RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome. Without waiving this objection, see document attached hereto and Bates-stamped D00004-D00054, Exhibit B. k. A complete copy of Plaintiff William Joseph Webb Jr.'s, #256056 write

up history with complete documentation including appeals, preliminary reports, etc. and evidence to support such. RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome. Further objection that this Request has no relevance to Plaintiff's claims, requests information beyond the scope of Rule 26, and is not designed to lead to the discovery of admissible evidence. Further objection that this request seeks production of information protected from discovery by 11 Del. C. §4322(a). l. A complete copy of Plaintiff William Joseph Webb Jr.'s, #256056

classifications during his entire incarceration on this sentence to include appeals and documentary evidence to support he classification at all given/relevant times. RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome.

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Further objection that this Request has no relevance to Plaintiff's claims, requests information beyond the scope of Rule 26, and is not designed to lead to the discovery of admissible evidence. Further objection that this request seeks production of information protected from discovery by 11 Del. C. §4322(a). m. A complete copy of your criminal history within the past 10 years.

RESPONSE: Answering Defendant has no criminal history. n. A complete copy of the banking accounts with information that your pay

check is drawn from to include the name on the account, bank name and address etc.. RESPONSE: Objection. This Request is vague, overly broad and unduly burdensome. Further objection that this Request has no relevance to Plaintiff's claims, requests information beyond the scope of Rule 26, and is not designed to lead to the discovery of admissible evidence. Further objection that this Request is premature.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Eileen Kelly Eileen Kelly, I.D. #2884 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 [email protected] Attorney for Defendants

Dated: August 31, 2007

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CERTIFICATE OF SERVICE I hereby certify that on August 31, 2007, I electronically filed Defendant Stan Taylor's Response to Plaintiff's Request for Production of Documents with the Clerk of Court using CM/ECF. I hereby certify that on August 31, 2007, I have mailed by United States Postal Service, the document to the following non-registered party:

William Joseph Webb, Jr. SBI#256056 Delaware Correctional Center 1181 Paddock Road Smryna, DE 19977

/s/ Eileen Kelly Eileen Kelly, ID#2884 Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]

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