DISTRICT COURT CLARK COUNTY, NEVADA

Transcription

1 ELECTRONICALLY SERVED //0 :0 AM Case Number: A-1--C 1 DAVID T. SPURLOCK, JR., ESQ. State Bar No. 00 THE LAW OFFICES OF KARL H. SMITH Arroyo Crossing Parkway, Suite 00 Las Vegas, NV Phone: (0) 0-00 david.spurlock@farmersinsurance.com Attorney for Defendant, JOSE CEJA LOPEZ DISTRICT COURT CLARK COUNTY, NEVADA JT ANTONIO FLETCHER, SR, individually and as parent of JT ANTONIO FLETCHER, JR., a minor LA'MARQUIST MARTINEZ FLETCHER, individually, vs. Plaintiffs, JOSE CEJA LOPEZ, individually; DOES I - X ; and ROE CORPORATIONS I - X, inclusive, Defendants. CASE NO.: A-1--C DEPT. NO. XIV TO: TO: INTERROGATORIES TO JT ANTONIO FLETCHER, JR. a minor JT Antonio Fletcher, Jr., a minor, Plaintiff Justin G. Randall, Esq., Attorney for Plaintiff. DEFENDANT, Jose Ceja Lopez, by and through his counsel of record, DAVID T. SPURLOCK, JR., ESQ., of THE LAW OFFICES OF KARL H. SMITH, hereby requests Plaintiff Answer within thirty (0) days of receipt, the following Interrogatories. DEFINITIONS AND INSTRUCTIONS The following general Instructions and Definitions apply to each Interrogatory, the paragraphs set forth below, and the preliminary statement set forth above. 1. The terms "you" and "your" refer to Plaintiff and any of your agents or representatives, both past and present. 1

2 In answering these Interrogatories, you are to furnish all information which is either in your possession or available to you, including, but not limited to, information in the possession of your agents, employees, representatives, investigators, consultants, attorneys, investigators for your attorneys, and others who are in the possession of, or who have obtained, information for you or on your behalf. Do not merely give information from your own personal knowledge, but rather reasonable inquiries must be made and readily available information is to be gathered. To the extent that any answers to any Interrogatories are not based upon information known by you personally, fully identify the person possessing and providing such information to you.. If the answer to all or any part of any Interrogatory is not presently known or available, include a statement to that effect, furnish the information which is presently known or available, and respond to the entire Interrogatory by supplemental answer. Supplemental answers must be served in writing, and under oath from time to time thereafter, as information becomes available which calls for any supplement or amendment to, or any modification, deletion, or completion of, a previous answer. In the case of any incomplete answer to any Interrogatory, state the portion of the Interrogatory which cannot be completely answered at that time. When the entire answer becomes known or available, provide it immediately.. If, after exercising due diligence to secure the information necessary to answer the following Interrogatories, you cannot do so, then answer to the extent possible by providing all the information available to you as of the date of your response to these Interrogatories, explain why you cannot answer the remainder, and state that nature of the information or knowledge that you cannot furnish.. If your answer to any Interrogatory contains a claim of privilege, specify the nature of the privilege claimed, describe the precise legal basis of the claimed privilege, and identify any documents involved in said claim of privilege with particularity, including in such identification, the document's author, the date of the document's creation, the names of all persons who received the document, the number of pages in the document, and the subject matter thereof.. "Describe" means to explain fully by reference to underlying facts, rather than conclusions of fact or law.

3 "Document" means originals or any exact copies of written, recorded, transcribed, punched, filmed, taped, or graphic matter, however and by whomever prepared, produced, reproduced, disseminated, or made, including, but not limited to, any memoranda, inter-office or intra-office communications, letters, studies, reports, summaries, articles, releases, notes, records of conversations, minutes, statements, comments, speeches, testimony, notebooks, drafts, data sheets, worksheets, records, statistics, charts, contracts, diaries, bills, accounts, graphics or oral records, representations of any kind (including, without limitation, photographs, plats, charts, graphs, microfiche, microfilm, video tape recordings, and motion pictures), tapes, data processing sheets or cards, computer or word-processing disks, or other written, printed, typed, aural, or recorded material in the possession, custody, or control of Plaintiff. The term "document" also means all copies or reproductions of all the foregoing items upon which notations in writing, print, or otherwise, have been made that do not appear on the originals. To the extent that data processing cards, magnetic tapes, or other computer-related materials are produced, produce all programs, instructions, and other similarly related information necessary to read, comprehend, and otherwise use said data processing cards, magnetic tapes, or other computer-related materials.. "Identify" when used with reference to a natural person, means to state his or her (a) full name; (b) present business and/or residence address and telephone numbers; (c) relationship, if any, to any party to this action; (d) present business affiliation, address, title, or position; (e) if different from (e), the group origination, or business the person was representing at any time relevant to the answer to a specific interrogatory; and (f) home address. If this information is not known, furnish such information as was last known.. "Identify," when used with reference to an act, action, activity, omission, or event, means to state (a) the identity of each person who participated in such act, action, activity, omission, or event; (b) the date and place thereof in detail; and (c) the identity of each person having knowledge of the matter.

4 "Identify," when used in reference to a document, means to state (a) the type of document or some other means of identifying it (e.g., letter, memorandum, report, etc.); (b) its subject matter; (c) the identity of its author(s), signer(s), and any person who participated in its preparation, and last known address and telephone number of each; (d) the identity of each addressee or recipient; (e) the identity of each person to whom copies were sent and each person by whom copies were received; (f) its title and date; (g) whether it is in your possession, and, if not, its present location and the identity of its custodian (if any such document was, but is no longer in, the possession of or subject to the control of the Plaintiffs, state what and when disposition was made of it); and (h) when, how, and from whom such document were originally obtained.. "Identify," when used with reference to a conversation, oral communication, discussion, oral statement, or interview means (a) state the date upon which it took place (NOTE: when identifying the date of an oral statement or communication, the precise date must be given. If only an approximate date is given, it will be presumed that you do not recall or have specific knowledge as to the exact date); (b) identify each person who participated in it, witnessed it, and/or overheard it (if a telephone conversation, state the location of each party to it at the time it occurred); (c) state what was said by each such person, including the issues and matters discussed, or the substance of the conversation to the extent that it is known to you; (d) indicate the medium of communication; and (e) identify each document that exists concerning, describing, or relating to it. 1. "You" and "your" means the party answering the interrogatory or responding to the request for production of documents.

5 The term "document," "writing," "communication," or "written communication" as used herein means all writings of any kind, including, but not limited to, the original and all non-identical copies, whether different from originals by reason of notation made on such copies or otherwise; letters; books; telegrams; memoranda; computer printouts; tape recordings; reports; contracts; analyses; calendar or diary entries; notes; charts; graphs; drawings; photographs; tabulations; lists; schedules; forms; working papers; preliminary drafts; minutes and records of meetings and conferences and telephonic or other communication; and any other items from which intelligence can be perceived, with or without the use of detection devices in the possession, custody, or control of plaintiff, his employees, agents, representatives, attorneys, or other persons acting on behalf of plaintiff. 1. The term "relating to" means, in whole or in part, directly or indirectly, referring to, relating to, connecting with, commenting on, responding to, showing, concerning, describing, analyzing, reflecting, and constituting. 1. Any and all pronouns used herein these Interrogatories refer to both the masculine and feminine gender, and the same are interchangeable. 1. If you are asked to state facts upon which you base an allegation or contention, you are requested to set forth, identify, and describe each and every fact, act, incident, event, occurrence, omission, recording, transaction, source, and/or communication which you either claim or contend supports, rebuts, and/or relates in any way to the contention or allegations. You are further requested to "identify" all persons whom you contend have knowledge of any facts which allegedly support, rebut, and/or relate in any way to said contention or allegation, and you are requested to supply a brief description or summary of the facts within the knowledge of each such person INTERROGATORY NO. 1: Please state your name, address, date of birth, last four digits of your social security number, and describe in detail the incident that is the subject of this action. INTERROGATORY NO. : If you claim to have suffered personal injuries in the incident which is the subject of this action, list all such injuries or ailments and symptoms experienced by you, giving the exact location within or upon your body and the nature of your complaint.

6 INTERROGATORY NO. : State the full name and business address of each doctor or physician who has examined, treated or consulted with you since the accident or incident which is the subject of this action, and further state: (a) The dates of each such examination, treatment or consultation; whether such examination, treatment, or consultation was wholly or partially required by reason of said incident; the present total amount of the bill; (b) whether such course of treatment with such doctor or physician has terminated, and the date of such termination; (c) whether you were examined or treated by any of these doctors or physicians prior to this incident, the purpose of each such examination or treatment and the prior examination dates of treatment; and (d) identify your family physician(s) for the time period commencing five () years prior to the incident in question and continuing through and until today. INTERROGATORY NO. : If you claim that any medical treatment or expense will be necessary in the future as a result of the incident in question and the name of the person advising of such necessity and please state the nature of the treatment and expense of the treatment. INTERROGATORY NO. : Identify each witness, including experts, you expect to call at any hearing herein and state the general nature of the subject matter on which each witness is expected to testify. PLEASE PROVIDE SIGNED COPIES OF THE HIPAA COMPLIANT MEDICAL AUTHORIZATION AND ANY OTHER AUTHORIZATIONS SENT TO YOU. 0 1 DATED: April, 0 THE LAW OFFICES OF KARL H. SMITH BY: DAVID T. SPURLOCK, JR., ESQ. State Bar No. 00 Attorney for Defendant, JOSE CEJA LOPEZ

7 CERTIFICATE OF SERVICE Pursuant to Rule (b) of the Nevada Rules of Civil Procedure, I certify that I am an employee of THE LAW OFFICES OF KARL H. SMITH and that on the th day of April, 0, I served the foregoing document entitled INTERROGATORIES TO JT ANTONIO FLETCHER, JR., a minor on the parties addressed as shown below: Via U.S. Mail by placing said document in a sealed envelope, with postage prepaid [N.R.C.P. (b)] Via Electronic Filing [N.E.F.R. (b)] x Via Electronic Service [N.E.F.R. ] Via Facsimile [E.D.C.R..(a)] Justin G. Randall, Esq. Glen Lerner Injury Attorneys South Durango Drive Las Vegas, NV 1 Attorney for Plaintiffs, JT Antonio Fletcher, Sr., JT Antonio Fletcher, Jr. a minor; LaMarquist Martinez Phone: (0) -0 Fax: (0) LISA MALIN, An Employee of The Law Offices of Karl H. Smith 1