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DOCUMENT 54

ELECTRONICALLY FILED
5/25/2016 5:08 PM
03-CV-2016-900538.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
TIFFANY B. MCCORD, CLERK

IN THE CIRCUIT COURT OF


MONTGOMERY COUNTY, ALABAMA
SPENCER COLLIER,

)
)
Plaintiff,
)
)
vs.
) CIVIL ACTION NO. 2016-900538
)
ROBERT BENTLEY; STAN STABLER;
)
REBEKAH MASON; ALABAMA
)
COUNCIL FOR EXCELLENT
)
GOVERNMENT; RCM COMMUNICATIONS )
INC.; BENTLEY FOR GOVERNOR, INC.,
)
)
Defendants.
)
DEFENDANT RCM COMMUNICATIONS, INC.S FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS TO PLAINTIFF SPENCER COLLIER
COMES NOW Defendant, RCM Communications, Inc., and pursuant to Rule 34 and Rule
26 Ala. R. Civ. P., and requests that Plaintiff, Spencer Collier, provide the following documents
and materials, regardless of the media in which the documents and materials may be maintained,
including electronic, to the Defendants attorney for inspection and/or copying within the time
required by law.
I.

INSTRUCTIONS

1.
To the extent that You consider any of the following requests subject to objection,
please respond to that part of the request to which You do not object, and separately state that part
of each request to which You object and each ground for each such objection.
2.
These requests are intended to be of a continuing nature. If additional documents
or information are discovered by You or Your attorney at a later date, they should be
communicated or produced immediately.
3.
If You claim or contend that any request seeks information protected by any type
of privilege, identify the documents involved, and describe in detail the privilege asserted and the
circumstances upon which the claim of privilege is based.
4.
If any document responsive to these requests was, but no longer is, in Your
possession or subject to Your control, describe in detail what happened to the document, the reason
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it is no longer in Your possession or subject to Your control, the documents present custodian, if
known, and describe in detail the nature and contents of the document(s).
II.

DEFINITIONS

1.
Communication(s) means, without limitation, the transmission of a statement,
fact, thing, idea, document (as defined below), instruction, demand or conversations.
2.
Document(s) means written, typed, printed, recorded or graphic matter, however
produced or reproduced regardless of origin or location, in Plaintiffs actual or constructive
possession, custody or control and whether prepared, published or recorded by Plaintiff or by other
persons or entities, including correspondence, communications, e-mails, .pst files, records, tables,
charts, analysis, graphs, schedules, reports, memoranda, notes, lists, calendars, telexes, messages
(including reports of telephone conversations and conferences), studies, books, periodicals,
magazines, booklets, circulars, bulletins (including inter and intra-office communications),
questionnaires, contracts, agreements, assignments, licenses, certificates, permits, orders,
statements, acknowledgements, data processing cards, computer-generated matter, photographic
negatives, phonograph recordings, transcripts or logs of recordings, other data compilations from
which information can be obtained or translated, reports and/or summaries of investigations,
expressions or statements of policy, opinions or reports of consultants, lists of persons attending
meeting, drafts and revisions of drafts of documents, invoices, receipts, text messages, instant
communications, social media postings, blog postings, and original preliminary notes. Each nonidentical copy (by reason of subsequent modification, including the addition of notations or other
marginalia, or otherwise) is a separate document.
When used in this request, the term document also means the original (or an identical
duplicate if the original is not available) and any non-identical copies (whether non-identical
because of notes made on copies or attached comments, annotations, marks, transmission
notations, or highlighting of any kind) of any writing of every kind and description that are fixed
in any form of physical media. Physical media include, but are not limited to, paper media,
phonographic media, photographic film media (including pictures, film slides and microfilm),
magnetic media (including but not limited to computer memory, hard disks, floppy disks, compact
disks, files stored on cloud servers, and magnetic tapes of any kind), optical media, magnetooptical media, and other physical media on which notations or marking of any kind can be affixed.
3.

You, your and yours shall mean Spencer Collier.

4.
Relate to, relating to or related to means related to, embodying, evidencing,
discussing, referring to, regarding, reflecting, identifying or in any other way connected with the
named subject.
5.
A document relating, related or which relates to any given subject means any
document that constitutes, contains, embodies, evidences, reflects, identifies, states, contradicts,
refutes, refers to, deals with or is in any way pertinent to that subject, including, without limitation,
documents concerning the preparation of other documents.

DOCUMENT 54

III.

REQUESTS FOR PRODUCTION

1.
All tape and other recordings of every kind and nature on which the voice of any
defendant appears. Please produce the entirety of each such recording no matter how much or
little the voice of a defendant appears on it.
RESPONSE:
All documents which You contend reflect defamatory comments, as alleged in the
2.
Complaint, made by any defendant in this lawsuit.
RESPONSE:
3.

Your complete personnel file with the State of Alabama.

RESPONSE:
4.
Your federal and state income tax returns for the years 2005 2015, including all
schedules, worksheets and other forms or supporting documents..
RESPONSE:
5.
Produce a list of all persons or entities who have made a complaint of any kind and
nature, formal and informal, filed against You at any time between January 1, 2005 and the
present time by any employee of the State of Alabama.
RESPONSE:
All responses and all other documents related in any way to complaints produced or
6.
identified by your in response to Request for Production # 5.
RESPONSE:
7.

All documents related to any claim for damages You make in this case.

RESPONSE:
8.
All documents You contend to be related in any way to Your claim of wrongful
termination.
RESPONSE:

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9.
All documents You contend to be related in any way to Your claim of invasion of
privacy.
RESPONSE:
10.
All documents You contend to be related in any way to Your claim of interference with
business relations.
RESPONSE:
11.

All documents You contend to be related in any way to Your claim of defamation.

RESPONSE:
12.
All of Your medical records from all of your healthcare providers (both your individual
and institutional healthcare providers) from 2009 to the present time.
RESPONSE:

Respectfully submitted this the 25th day of May, 2016.


/s/ Robert D. Segall
Robert D. Segall (SEG003)
Attorney for RCM Communications, Inc.
OF COUNSEL:
COPELAND, FRANCO, SCREWS & GILL, P.A.
Robert D. Segall (SEG003)
Ashley N. Penhale (PEN029)
444 South Perry Street (36104)
P. O. Box 347
Montgomery, Alabama 36101-0347
Telephone: (334) 834-1180
Facsimile: (334) 834-3172
Email: segall@copelandfranco.com
Email: penhale@copelandfranco.com

DOCUMENT 54

CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of May, 2016, I filed the foregoing with the Clerk of
the Court using the Alafile System which will serve the following counsel of record
electronically:

Kenny J. Mendelsohn
Jemison & Mendelsohn
1772 Platt Place
Montgomery, Alabama 36117
kenny@jmfirm.com

Thomas E. James
Law Offices of Tommy James
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Tjameslaw1@gmail.com

John C. Neiman, Jr.


Stephanie Houston Mays
Mark D. Foley, Jr.
Maynard Cooper & Gale
1901 6th Avenue N., Suite 2400
Birmingham, Alabama 35203-2602
jneiman@maynardcooper.com

Joseph C. Espy, III


Benjamin J. Espy
William M. Espy
MELTON, ESPY & WILLIAMS, P.C.
P.O. Drawer 5130
Montgomery, Alabama 36103
Telephone: 334-263-6621
jespy@mewlegal.com
bespy@mewlegal.com
wespy@mewlegal.com

/s/ Robert D. Segall


Of Counsel

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