IN THE CIRCUIT COURT TWENTIETH JUDICIAL CIRCUIT ST.

CLAIR COUNTY, ILLINOIS

Mark R. McCoy,

Plaintiff,

-VS-

Cause No. 10 L 75

CITY OF FAIRVIEW HEIGHTS, a municipal corporation, JOSHUA ALEMOND, and AARON NYMAN

Defendants.

PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT AARON NYMAN

Plaintiff, Mark R. McCoy, requests that the Defendant, Aaron

Nyman, answer the following document request in writing and under

oath within 28 days of the date of service pursuant to Supreme

Court Rule 213(d) and seasonably supplemented or amended pursuant

to Rule 213(i) as additional information becomes known.

DEFINITIONS

1. As used herein, the word "Plaintiff" refers to the Plaintiff, Mark McCoy.

2. As used herein, the word "Defendant" refers to Aaron Nyman.

3. As used herein, the word "complaint" refers to the

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-,

complaint filed by the Plaintiff in this action.

4. As used herein, "the date of occurrence" refers to February 17, 2009.

5. As used herein, "occurrence" refers to the events as described in Plaintiff's Complaint, including any subsequent amendments made thereto, that took place on February 17, 2009.

6. As used herein, the use of any noun in the singular context also embraces and includes (if applicable) the plural context.

7. As used herein, the word "record" "records" or "recording" includes, but is not limited to mechanical or electronic recordings involving video, audio (or combination thereof) documents (be they tangible or electronic), photographs (be they digital or tangible), memoranda, reports, transcripts, electronic mail (email), bulletins, pamphlets, or any other printed communication (whether by mechanical or electronic process), as well as

all common means, methods, or habits of preserving or memorializing present-day communication.

8. As used herein, the word "document" shall be liberally construed to include, but not be limited to, that which haves the same meaning ascribed in Illinois Supreme Court Rule 201(b) (1) as well as manuals, pamphlets, bulletins, notices, reports, video and/or photographic slides, presentations (whether digital or otherwise), or any other type of record, handwritten, typed, or electronic communication.

9. As used herein, the word "incident" shall refer to any and all instances relating to any claim, fact or allegation contained or otherwise referenced in Plaintiff's Complaint, including the events leading up to, surrounding, and following the Defendant's encounter or interaction with Plaintiff on or about the date of occurrence.

10. As used herein, "all" refers to any and all, and the term "any" likewise refers to any and all.

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REQUEST TO PRODUCE

1. All documents which record, refer to, discuss, or analyze any occasions of investigating, questioning, arrest and/or detention of Plaintiff on the date of occurrence.

2. All documents which record, refer to, discuss, or analyze any occasions of investigating, questioning, arrest and/or detention of Plaintiff at any and all times before or after the date of occurrence.

3. All documents which record, refer to, discuss or analyze the incident.

4. All written statements by any person who claims to be a witness to any of the occurrences that are the subject of Plaintiff's Complaint.

5. Any and all documents in the possession or control of the Defendant which pertain to Plaintiff's criminal history, federal or state, including records relating to any conviction or arrests.

6. Any and all documents or other records of Plaintiff's physical injuries, as alleged in the complaint, relating to, or as a result of, the occurrence.

7. Any and all documents identified in your answers to any of the Plaintiff's Interrogatories or support any of your answers to interrogatories.

8. Any and all documents related to any civil suits involving Defendant, other than this case, either disposed of or ongoing.

9. All documents that Defendant intends to use as an exhibit, demonstrative or otherwise, at trial.

10. All documents indicating or describing the qualifications of any expert that Defendant expects to call as a witness.

Page 4 of6

11. All documents containing, relating to, or which otherwise reference or show any authority that any expert that Defendant expects to call as a witness has considered or relied upon in connection with any opinion that an expert has given, or expects to give, about which the witness expects to testify in this case.

12. All diaries or notes purporting to record or memorialize any of the occurrences which are the subject of Plaintiff's complaint or injuries claimed by Plaintiff.

13. Reports, summaries of findings, or any and all other documents generated by an expert witness regarding this incident.

14. Retainer contracts, correspondence, memoranda of agreements, or any and all other written documents which evidence the basis of payment for the services of any expert witness.

15. All documents submitted by Defendant to such expert.

16. Police reports, criminal court records and all documents pertaining to any other incident involving the Defendant and the Plaintiff.

17. All audio or video recordings of the Incident.

18. Any and all documents or records of which the Plaintiff is the subject thereof, is mentioned therein, referenced to, or identified therein, as have been created or come to be after the date of the occurrence.

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· ,

STATE OF ILLINOIS

)

) SS )

COUNTY OF ST. CLAIR

CERTIFICATE OF SERVICE

I, the undersigned, on oath state that I served the forgoing PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT AARON NYMAN to the following person:

Julie A. Bruch Joshua S. Abern

O'Halloran Kosoff Geitner & Cook, LLC 650 Dundee Road, Suite 475

Northbrook, Illinois 60062 jabern@okgc.com

and

Dawn A. Sallerson

Hinshaw & Culbertson, LLP P.O. Box 509

521 West Main Street Belleville, Illinois 62222 dsallerson@hinshawlaw.com

and

Clerk of the Circuit Court St. Clair County Courthouse 10 Public Square

Belleville, Illinois 62220

Via email and U.S. Mail by placing true and correct copies of the same in an envelope(s) addressed as set forth above and entrusting the receipt and care of said envelope(s) with a desk clerk at the U.S. Post Office in Fairview Heights, Illinois on July 27, 2010.

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