Motion to Compel Execution of Authorization to Obtain Medical Records

Defendant(s), ******, by and through the undersigned counsel, move(s) this Court for entry of an Order compelling Plaintiff, ******, to execute releases to obtain medical records pertaining to the Plaintiff, and as grounds therefore state(s):

1. The physical condition of the Plaintiff has been placed in controversy by filing a complaint for damages seeking monetary compensation for injury or damage alleged to have been caused by the incident described in the Complaint.
2. Medical records contain information pertaining to the physical condition of the Plaintiff that is germane to the Plaintiff’s claim for monetary compensation.
3. The information contained in Plaintiff’s medical records is reasonably calculated to lead to the discovery of admissible evidence which is necessary to the Defendant(s) in the preparation of the defense of the instant litigation.
4. The subject facility is located outside the State of ******* and is not required to comply with subpoenas requesting that this information be furnished.
5. The entry of an Order requiring the Plaintiff to execute an authorization to obtain medical records accomplishes the discovery of medical records in the most expeditious and practical way possible.
6. The entry of an Order requiring the Plaintiff to sign written authorizations to obtain medical records does not necessitate a violation of the right to protect unrelated, undiscoverable matters.
7. The undersigned counsel further certifies that a good faith effort to agree or to narrow the issues on the foregoing matter has been made with opposing counsel.

Supplemental Interrogatories re Cell Phone

1. What is the name and address if the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed?
2. At the time of the subject accident did you have a cell phone on your person or in the motor vehicle?
3. At the time of the subject accident did you own, rent and/or borrow, and mobile/cellular telephone device?

             If so, please provide the following:

1. (a) The cellular phone number (s) assigned to each cellular phone;
2. (b) The name of carrier for each cell phone.
3. (c) The name of the primary account holder for the cellular phone

Social Media Interrogatories

1. Identify the user name and email address for any Facebook, Instagram, and Twitter account maintained by you from 2010 through the present.

RESPONSE:

2. From 2010 to present, have you used any online social or professional networking of blogger sites, including but not limited to: Facebook, Instagram, Twitter, Linked In, Google +, YouTube, or Flickr?

RESPONSE:

3. If you answer to Interrogatory No. 2 is affirmative, provide the following information for every social or professional networking or blogger site you have used:

a. Name and uniform resource location (URL) address of the site;

b. The specific URL address of your account profile on the site;

c. Your account name and real names or pseudonyms you have used to identify yourself on the site;

d. Your user ID or logon and password used to access your account on the site;

e. The dates that you used the site;

f. The email address(s) used by you in registering for the site;

g. Your account User ID number, if applicable;

h. Any account identification other than that listed above.

RESPONSE:

4. Since the date of the incident which is the subject of this lawsuit, have you used any bulletin board system (BBS), internet forum, message board, or other online messaging or posting system?

RESPONSE:

5. If you answer to Interrogatory No, 4 is affirmative, provide the following information for every social or professional networking or blogger site you have used:

a. Name and uniform resource location (URL) address of the site;

b. The specific URL address of your account profile on the site;

c. Your account name and real names or pseudonyms you have used to identify yourself on the site;

d. Your user ID or logon and password used to access your account on the site;

e. The dates that you used the site;

f. The email address(es) used by you in registering for the site;

g. Your account User ID number, if applicable;

h. Any account identification other than that listed above,

RESPONSE:

Social Media Request to Produce

Defendant, **, by and through undersigned counsel, in accordance with the applicable Rules of Civil Procedure, requests Plaintiff, **, to produce the following items within thirty (30) days of the request to the undersigned attorneys:

1. 1. Copies or screenshots of any photographs from any of the Plaintiff’s social/professional media accounts which depict the Plaintiff in any way from two (2) year prior to the ** motor vehicle accident.
2. 2. Copies or screenshots of any photographs from any of the Plaintiff’s social/professional media accounts which depict the Plaintiff in any way following the ** motor vehicle accident.
3. 3. Copies of any videos from any of the Plaintiff’s social/professional media accounts which depict the Plaintiff in any way from two (2) years prior to the ** motor vehicle accident.
4. 1. 4. Copies of any videos from any of the Plaintiff’s social/professional media accounts which depict the Plaintiff in any way following the ** motor vehicle accident.
5. 5. Copies of any and all wallposts, status updates, Facebook messages, blog posts comments, and videos on Plaintiff’s Facebook account or any other social/professional media accounts that relate to the motor vehicle accident that is subject to this lawsuit.
6. 6. Copies of any and all wallposts, status updates, Facebook messages, blog posts, comments, and videos on Plaintiff’s Facebook account or any other social/professional media accounts that relate to any other motor vehicle accident that you have been involved in.
7. 7. Copies of any and all wallposts, status updates, Facebook messages, blog posts comments, and videos on Plaintiff’s Facebook or any other social/professional media account that describe or depict the injuries the Plaintiff alleges he sustained as a result of the incident that is subject to this lawsuit.
8. 8. Copies of any and all wallposts, status updates, Facebook messages, blog posts comments, and videos on Plaintiff’s Facebook or any other social/professional media account that describe or depict the injuries the Plaintiff alleges she sustained as a result of any other motor vehicle accident.
9. 9. Any photographs or video from the Plaintiff’s cell phone that depicts the Plaintiff in any way from two (2) years prior to the ** motor vehicle accident.
10. 10. Any photographs or video from the Plaintiff’s cell phone that depicts the Plaintiff after the ** motor vehicle accident.

Defendant is entitled to the aforementioned items pursuant to the applicable Rules of Civil Procedure and case law interpreting same.

Spoliation letter re social media discovery

This letter shall confirm that my office has sent social media interrogatories and request for production to your client.  Please advise your client to preserve the entire content of his/her Facebook account, and any other social media account, until said discovery requests are satisfactorily responded to, or if objected to until such time as the Court makes a ruling on such objections.

Any attempt to delete photographs, wall posts, videos, public messages, comments, or any other content from his/her social media accounts will be viewed as spoilation of evidence, and my office will be forced to file a motion for sanctions for same.

Thank you for your attention in this matter.

Spoliation Letter (re surveillance video)

This letter serves to provide you with notice that ___________ is investigating a claim arising from an automobile accident that occurred on ____________,  between the hours of __________,  on or near your business located at ____________. It is our belief that there exists a videotape/digital recording located on the premises that may have captured the subject incident. At this time, we are requesting that you preserve and provide a copy of this recording.

This notice is to further advise you that you have an obligation to appropriately preserve and retain any information that may be relevant to the above incident in question. This includes but is not limited to any photograph(s)/video recording(s), which are presently in your possession or in the possession of your employee or agent.

YOU ARE HEREBY PUT ON NOTICE THAT A REQUEST IS MADE FOR COPY OF VIDEO/DIGITAL RECORDING AND YOU ARE NOT TO DISPOSE, ALTER, MODIFY AND/OR REMOVE THE ABOVE REQUESTED EVIDENCE.

If you do not agree to maintain possession of, preserve and PROVIDE the videotape, please advise us immediately so that we can have an opportunity to seek appropriate legal remedy with the Court to obtain such copy and prevent any such disposition.   

We would like to be provided with a copy the videotape at the earliest opportunity and would appreciate your contacting _____________________ to discuss arrangements for same.

If you do not currently have possession of the videotape please advise at once who is in possession of the videotape so we may immediately put them on notice.  We will consider any delay or refusal to release this information a failure to cooperate with our attempts to preserve, and spoliation of, crucial evidence.

Thank you in advance for your anticipated cooperation in this matter.

Motion to Validate Admissions

DEFENDANT(S) MOTION TO VALIDATE ANSWERS TO REQUEST FOR ADMISSIONS.

Defendant(s), ___________, by and through the undersigned counsel, move(s) this Court for the entry of an Order, and as grounds therefore state(s):

1. The plaintiff filed request for admissions.
2. They were inadvertently filed away without the attorney seeing them
3. When discovered they were promptly answered.
4. There is no prejudice to the plaintiff.
5. The undersigned counsel further certifies that a good faith effort to agree or to narrow the issues on the foregoing Motion has been made with opposing counsel.

Motion to Enforce Court Order

DEFENDANT(S) MOTION TO ENFORCE COURT ORDER DATED _______ AND MOTION FOR SANCTIONS

Defendant(s), _________________, by and through the undersigned counsel, move(s) this Court for an Order Enforcing the Court Order dated __________ and entered into between the parties and as grounds state(s) the following:

1. On __________, the Honorable _____________ executed the Order on Defendant’s Motion to _________ and Motion to ____________and Motion to _________________. See Exhibit A.
2. On ____________, Defendant provided the Plaintiff with a copy of the executed Order. Defendant ___________________. See Exhibit B.
3. On ___________, Plaintiff’s counsel responded to the Defendant’s email: “_________________________.”  See Exhibit C.
4. On ___________, Defendant sent an identical Second Request  and the undersigned asked “___________”.  Plaintiff responded to Defendant’s email stating “___________.”  See Exhibit D.
5. As a result of Plaintiff failing to comply with the Court Order.  Defendant is forced to _________________ and ______________ are crucial to properly provide a defense.
6. Plaintiff has made no efforts to provide the information request in a timely matter.  Movant counsel further certifies that a bona fide effort to resolve the outstanding issues previously order by the Court be granted on behalf of the Defendant to narrow the issues on the foregoing Motion has been made with opposing counsel and award Sanction.

WHEREFORE, Defendant(s), ______________, respectfully request(s) that this Court enter an Order enforcing the Order  compelling Plaintiff(s) to _________________, awarding attorney’s fees and costs incurred in bringing this Motion, plus whatever further and additional relief this Court deems just and proper.