Free Response to Discovery - District Court of Delaware - Delaware

Case 1:04-cv-00927-KAJ

Document 56

Filed 09/09/2005

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DAVID HOWARD FETTERMAN, | | Plaintiff, | | v. | | CHOICE HOTELS INTERNATIONAL, | INC., d/b/a COMFORT INN, COMFORT | INN and RESORT HOTEL, LLC, | | Defendants. |

C.A. No. 04-0927 KAJ TRIAL BY JURY OF EIGHT DEMANDED

DEFENDANT'S, RESORT HOTEL, LLC, RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION (SET II) 1. All document(s) showing who was working in the Comfort Inn

maintenance department on August 15, 2001 and August 16, 2001, including but not limited to time cards, schedule, pay stubs and/or personnel records. RESPONSE: Defendant objects to this request as it is served well beyond the discovery cut-off date. The original Scheduling Order in this case

dated 10/29/04 provided at ¶ 3c. that all discovery in the case shall be initiated so that it will be completed on or before May 22, 2005. The parties signed and filed two Stipulations to Amend various provisions of the Scheduling Order. The second Stipulation to Amend the Scheduling Order filed on 3/18/05 at ¶ 3 extended the discovery cut-off date so that all discovery had to be initiated so as to be completed on or before 7/21/05. Plaintiff's Request for Production Directed to Resort Hotel, LLC (Set II) was not served until August 30, 2005. In the event that the Court orders Resort Hotel, LLC to respond to this discovery, Resort Hotel, LLC reserves all

00123545.DOC

Case 1:04-cv-00927-KAJ

Document 56

Filed 09/09/2005

Page 2 of 6

other appropriate objections including, but not limited to, relevance and burden. 2. "Preventative Maintenance Log(s)" from 1996 to June, 2004.

RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 3. All "repair tickets" and/or "maintenance slips" regarding any

problems, complaints and/or repairs to any and all headboards in any and all rooms at the Comfort Inn from 1996 through June, 2004. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 4. All provisions or sections of the Resort Hotels "Policy Manual"

relating and/or referring to in any manner the specifications, installation, mounting, inspection and maintenance of headboards in guest rooms. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 5. All provisions or sections of the Resort Hotels "Policy Handbook"

relating and/or referring to in any manner the specifications, installation, mounting, inspection and maintenance of headboards in guest rooms. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 6. All provisions or sections of the Choice Hotels "Rules &

Regulations" relating and/or referring to in any manner the specifications,

00123545.DOC

Case 1:04-cv-00927-KAJ

Document 56

Filed 09/09/2005

Page 3 of 6

installation, mounting, inspection and maintenance of headboards in guest rooms. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 7. All provisions or sections of the Choice Hotels "Operating

Procedures" relating and/or referring to in any manner the specifications, installation, mounting, inspection and maintenance of headboards in guest rooms. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 8. All plans, drawings, proposals and specifications for construction of

the Comfort Inn in 1996 as well as the subsequent repairs in 1997 or 1998 (as a result of water damage), including but not limited to all such documents showing and/or indicating the details and specifications pertaining to the installation and mounting of headboards in guest rooms. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 9. All compact discs and written training materials provided by Choice

Hotels to the maintenance department at the Comfort Inn regarding the preventative maintenance program, including all references to the installation, mounting, inspection and maintenance of headboards in guest rooms. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1.

00123545.DOC

Case 1:04-cv-00927-KAJ

Document 56

Filed 09/09/2005

Page 4 of 6

10.

All reports of inspections performed by Choice Hotels of the

Comfort Inn pertaining to the twice yearly inspections. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 11. The incident report prepared and signed by Ms. Payne regarding

the incident on August 15, 2001. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 12. All Polaroid photographs taken by Ms. Payne regarding the incident

on August 15, 2001. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 13. All maintenance records, including repair tickets and maintenance

slips, indicating repairs to the headboard in Room 329 following the incident on August 15, 2001. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 14. All preventative maintenance calendars showing rooms inspected

and preventative measures taken from 1996 to June, 2004. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 15. The "file" for Room 329, including all "check off sheets" and all

other documents kept in the file.

00123545.DOC

Case 1:04-cv-00927-KAJ

Document 56

Filed 09/09/2005

Page 5 of 6

RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 16. The "incident file" regarding the incident on August 15, 2001.

RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 17. All other incident files pertaining to other headboard incidents from

1996 through 2004. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 18. 2001. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 19. All front desk log book entries regarding other headboard All front desk log book entries regarding the incident on August 15,

complaints, problems and/or incidents from 1996 to 2004. RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 20. Room attendant's report for August 15, 2001.

RESPONSE: Defendant Resort Hotel, LLC incorporates its objections to Request No. 1. 21. All recorded and transcribed conversations between Mr. Fetterman

and customer service of Resort Hotel, Choice Hotels and/or Comfort Inn.

00123545.DOC

Case 1:04-cv-00927-KAJ

Document 56

Filed 09/09/2005

Page 6 of 6

MURPHY SPADARO & LANDON /s/ Roger D. Landon ROGER D. LANDON (No. 2460) 1011 Centre Road, #210 Wilmington, DE 19805 (302) 472-8112 Attorney for Defendants Date: 9/9/05

00123545.DOC