UNITED STATES DISTRICT COURT

  • Doc File 37.50KByte



UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 07-22343-HIGHSMITH/McALILEY

T.J. EDWARD WILSON, JR.,

Plaintiff,

v.

GILBERT CORREA,

Defendant.

_______________________________________/

DEFENDANT’S FIRST SET OF

INTERROGATORIES TO PLAINTIFF

Pursuant to Rule 33 of the Federal Rules of Civil Procedure and Rule 26.1.G of the Local Rules for the Southern District of Florida, Defendant Gilbert Correa serves the following first set of interrogatories on Plaintiff T.J. Edward Wilson, Jr. and requests that they be answered separately, fully, and under oath within thirty (30) days of service.

DEFINITIONS

The words “you,” “yours” and/or “yourselves” means Plaintiff T.J. Edward Wilson, Jr. and any of his agents, representatives or other persons acting, or purporting to act, on his behalf.

The singular shall include the plural and vice versa; the terms “and” and “or” shall be both conjunctive and disjunctive; the term “including” shall mean “including without limitation.”

“Date” shall mean the exact date, month and year, if ascertainable or, if not, the best approximation of the date (based upon relationship with other events).

The word “document” shall mean any writing, recording or photograph in your actual or constructive possession, custody, care or control, which pertains directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other matter relevant to the issues in this action, or which are themselves listed below as specific documents, including, but not limited to: correspondence, memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes, or tape recordings.

“Agent” shall mean any agent, employee, officer, director, attorney, independent contractor, or any other person acting at the direction of or on behalf of another.

“Person” shall mean any individual, corporation, proprietorship, partnership, trust, association, or any other entity.

The words “pertain to” or “pertaining to” mean relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts, or contradicts.

The term “third party” or “third parties” refers to individuals or entities that are not a party to this action.

The term “action” shall mean the above captioned case, pending in the United States District Court for the Southern District of Florida.

The term “incident” refers to the events described in, among others, the Statement of Claim section of the Second Amended Complaint in this action.

The word “identify,” when used in reference to a document, means and includes the name and address of the custodian of the document, the location of the document, and a general description of the document, including (1) the type of document (i.e., correspondence, memorandum, facsimile, etc.); (2) the general subject matter of the document; (3) the date of the document; (4) the author of the document; (5) the addressee of the document; and (6) the relationship of the author and addressee to each other.

The word “identify,” when used in reference to a natural person, means and includes the full name and address (or, if the current address is not known, the last known address), telephone number (or, if the current telephone number is not known, the last known telephone number) of the person.

The “County” shall mean Miami-Dade County, Florida.

INSTRUCTIONS

If you object to fully identifying a document or oral communication because of a privilege, you must nevertheless provide the following information pursuant to S.D. Fla. L.R. 26.1.G.6.(b), unless divulging the information would disclose the privileged information:

a. the nature of the privilege claimed (including work product);

b. if the privilege is being asserted in connection with a claim or defense governed by state law, the state privilege rule being invoked;

c. the date of the document or oral communication;

d. if a document: its type (correspondence, memorandum, facsimile etc.), custodian, location, and such other information sufficient to identify the document for a subpoena duces tecum or a document request, including where appropriate the author, the addressee, and, if not apparent, the relationship between the author and addressee;

e. if an oral communication: the place where it was made, the names of the persons present while it was made, and, if not apparent, the relationship of the persons present to the declarant; and

f. the general subject matter of the document or oral communication.

You are under a continuous obligation to supplement your answers to these interrogatories under the circumstances specified in Rule 26(e) of the Federal Rules of Civil Procedure.

INTERROGATORIES

Please provide the name, address, telephone number, place of employment and job title of any person who has, claims to have, or whom you believe may have, knowledge or information pertaining to any fact alleged in the pleadings (as defined in Fed.R.Civ.P. 7(a)) filed in this action, or any fact underlying the subject matter of this action.

Please state the specific nature and substance of the knowledge that you believe the person(s) identified in your response to interrogatory no. 1 may have.

Please identify each document pertaining to any fact alleged in any pleading (as defined in Fed.R.Civ.P. 7(a)) filed in this action.

Have you ever been convicted of a crime (other than as a juvenile) that was punishable by death or imprisonment in excess of one year, or involved dishonesty or a false statement regardless of the punishment? If so, identify for each conviction the specific crime and the date and place of conviction.

Please describe every statement made by you to the police during the incident described in the Second Amended Complaint and any response by the officer. In doing so, please identify the officer by name.

Describe in detail each act or omission on the part of the Defendant Gilbert Correa that you contend constituted wrongful conduct during the incident you describe in the Second Amended Complaint. Describe who directed Defendant Gilbert Correa to take these actions and what direction was given.

Describe in detail each act or omission on the part of the Defendant Gilbert Correa that you contend constituted wrongful conduct during the incident you describe in the Second Amended Complaint. Describe who directed Defendant Gilbert Correa to take these actions and what direction was given.

Describe every fact, inference, or other basis for your allegation in the Second Amended Complaint that you are entitled to compensation.

Describe every fact, inference, or other basis for your allegation in the Second Amended Complaint that you are entitled to other relief.

Do you contend that you have lost any form of income, benefits, or earning capacity, in the past or future, as a result of the incident described in the Second Amended Complaint? If so, what was the amount lost, the period during which it was lost, the nature of the compensation, and the method that you used in computing the amount?

Identify each health care provider who has treated you and each medical facility where you have been treated for the injuries (whether physical or psychological) for which you seek damages in this action, and state the dates you were treated and for which injuries you received treatment.

List the names, addresses, and telephone numbers of all heath care providers (and applicable hospitals) that have examined and/or treated you in the past five (5) years and, for each, state the date(s) of examination or treatment and the condition or injury for which you were examined or treated.

List the names of all prescription drugs, non prescription drugs, and steroids you are currently taking and/or were taking at the time of the incident described in the Second Amended Complaint and the name of the doctor that prescribed the drugs. List the medical conditions that the drugs are intended to treat.

______________________________

T.J. Edward Wilson, Jr.

STATE OF FLORIDA )

) ss:

COUNTY OF MIAMI-DADE )

The foregoing instrument was acknowledged before me this ____ day of _____________, 2008 by _______________________________. He is personally known to me or has produced ___________________ as identification.

________________________________

Print Name:_____________________

Notary Public, State of _________

My Commission Expires:

Respectfully submitted,

R.A. Cuevas, Jr.

Miami-Dade County Attorney

By: __________________________________

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 4th day of August 2008 to:

Hugh L Koerner, Esq.

Hugh L Koerner PA

3475 Sheridan Street

Sheridan Executive Centre Suite 208

Hollywood, FL 33021

954-522-1235

Fax: 954-522-1176

Email: hlkpa@

_____________________________

Assistant County Attorney

................
................

Online Preview   Download