3:15-CV-02078-ARC-JFS
______
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Dr. Stephanie Tarapchak, an incarcerated person
By and through Joseph Pilchesky, also her legal “Next Friend”
Plaintiffs,
v. Jury Trial Demanded
Lackawanna County,
Joseph P. Kalinowski, Esq., First Public Defender,
Kathleen Kane, Attorney General of Pennsylvania
Robert LeBar, Senior Deputy Attorney General,
Lackawanna County Judge Michael Barrasse,
Lackawanna County Judge Vito Geroulo,
Senior Judge John Braxton,
United States Magistrate Judge Joseph F. Saporito, Jr.,
Patrick Lynn, Director of Lackawanna County Prison Home Detention Program,
Lackawanna County Prison Warden Robert McMillan,
Bernard Brown, Esq., and Nicholas Kravitz, Esq.,
Defendants
PLAINTIFFS’ FIRST SET OF INTERROGATORIES AND REQUEST FOR DOCUMENTS
To: Warden Robert McMillan
Date: November 24, 2015
Pursuant to Pa. RFP 26 (b) (1), RFP 34 (a) and (b) and RFP 33 (a) (1) and (2), Plaintiff Dr. Stephanie Tarapchak, by and through her legal “Next Friend”, Joseph Pilchesky, hereby demands that Warden Robert McMillan provides answers to the following Interrogatories and Request for Documents under oath to Dr. Stephanie Tarapchak, C/O Joseph Pilchesky, 819 Sunset St, Scranton, PA 18509, within thirty (30) days of service thereof, as required by the Rules of Federal Procedure under the rules referenced herein.
I. INSTRUCTIONS
A. All information in the possession or knowledge of Defendant Warden McMillan (McMillan), his attorneys, consultants, agents, or other representatives, is to be divulged.
B. Each Interrogatory is to be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer.
C. Each Interrogatory is to be answered separately and signed.
D. Interrogatory answers shall be in writing and completed within thirty (30) days of service hereof.
E. Whenever the context in which words are used in the Interrogatories indicates or suggests that such is the intent, words in the singular shall include the plural and vice versa and words in the masculine, feminine or neuter shall include each of the other genders.
F. Each lettered subpart of a numbered Interrogatory is to be considered a separate Interrogatory for purposes of answering and objecting, therefore, Defendant McMillan must object separately to each subpart and, if he objects to less than all subparts of a numbered Interrogatory, then he must answer the remaining subparts. In addition, if an objection is made to an Interrogatory or subpart thereof as calling for information which is beyond the scope of discover (e.g. not reasonably calculated to lead to the discovery of admissible evidence, work product, unduly burdensome, etc.), answers must nevertheless be given to the Interrogatory or subpart thereof to the extent that it is not objectionable.
G. Defendant McMillan shall amend or supplement his answers to these Interrogatories if, subsequent to its response to these Interrogatories, he:
1. Obtains the name of any person having knowledge of discoverable information requested in any of these Interrogatories;
2. Learns that any response to these Interrogatories was incorrect when made; or
3. Learns that any response to these Interrogatories, though correct when made is no longer correct and that the circumstances are such that a failure to amend the response would be a knowing concealment.
H. If Defendant McMillan contends that any communication identified in his answers to these Interrogatories is privileged or is otherwise not discoverable, please state in his answers to the particular Interrogatory:
1. The name of every person who participated in or was present while such communication took place;
2. Where such communication took place;
3. When such communicating took place;
4. Its nature or subject matter;
5. The privilege which you contend is applicable to it or the reason why it is not otherwise discoverable; and
6. Whether you contend that all or only a portion of it is privileged or not otherwise discoverable and , if only a portion, the substance of the portion, which is not privileged or is discoverable; and
7. The basis for your contention that such communication or a portion thereof is privileged and or not discoverable.
I. If Defendant McMillan contends that any document identified in his answers to these Interrogatories is privileged or otherwise beyond the scope of discovery, please state the following with respect to each document:
1. The name of the person who prepared the document;
2. The name of each person to whom it was addressed or distributed;
3. Its date, or if there is no date, the date on which it was prepared;
4. Its nature or description;
5. The privilege which you contend is applicable to it or the reason why it is not otherwise discoverable;
6. Whether you contend that all or only a portion of it is privileged or not otherwise discoverable and, if only a portion, the contents of the portion which is not privileged or is discoverable; and
7. The basis for your contention that each document or a portion thereof is privileged and/or not discoverable.
J. When an Interrogatory seeks identification of documents, Defendant McMillan may, in lieu thereof, attach a copy of the documents to his responses to these Interrogatories.
K. A space is provided immediately after each Interrogatory or subsection thereof for answering the Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the answer should be provided on a supplemental sheet.
L. If a document which would have been responsive no longer exists, the response must so indicate. If that document was destroyed, state when it was destroyed, who destroyed it, and whether it was destroyed pursuant to any practice to destroy documents.
M. If Defendant McMillan currently lacks information to answer an Interrogatory completely, state:
1. The responsive information currently available;
2. The responsive information currently unavailable which would allow you to answer the Interrogatory completely; and
3. Whether and when you anticipate receiving the information currently available.
N. Where an individual question calls for an answer which involves more than one part, each part of the answer should be clearly set out.
O. Each Interrogatory herein shall be deemed to be continuing, and in the event that additional facts, documents, or information are later discovered by or become known to Defendant McMillan, Defendant McMillan is required to divulge such information pursuant to the terms, instructions and definitions contained in this Set of Interrogatories.
P. Whenever referring to a conversation, meeting, representation, assurance, communication or transaction in answering these Interrogatories, identify the meeting, representation, assurance, communication referred to.
Q. With respect to Defendant McMillan’s answers to Interrogatories:
1. Identify each document upon which any fact, opinion or other statement set forth in such answer is based;
2. Identify each other document pertaining to any fact, opinion or other statement set forth is such answer, including without limitation, documents, conversations, or transactions containing such matter which differs from, is inconsistent with or casts doubt upon any such statement in such answer;
3. Identify all persons who have or claim to have knowledge, information or an opinion upon which any fact, opinion or other statement set forth in such answer is based;
4. Identify each person with whom you have communicated who has or claims to have knowledge, information or an opinion concerning any fact, opinion or other statement set forth in such answer or concerning the subject matter thereof, including, without limitation, persons having knowledge, information or opinions which differ from, are inconsistent with or cast doubt upon any such statement in such answer;
5. State your relationship with each person identified in response to subparagraph (d) above; and
6. Identify any other source of information upon which any fact, opinion or statement set forth in such answer is based.
R. The original Interrogatories are served herewith. Complete the Interrogatories, have your response verified, retain a copy for your file, and attach a certificate of service with your completed Interrogatories.
II. DEFINITIONS
A. As used herein the conjunctions ‘and’ and ‘or’ shall not be interpreted disjunctively or to exclude any information otherwise within the scope of any Interrogatory.
B. As used herein, the term ‘you’ refers to Defendant McMillan, his personal representatives, or any one acting on its behalf.
C. As used herein, the term ‘set forth’ , ‘describe’ or ‘describe in detail’ means to describe fully by reference to all underlying facts, not merely ultimate facts and conclusions of law and to particularize as to time, place, and manner.
D. As used herein, the term ‘including’ means including, but not limited to.
E. As used herein, the term ‘person’ or ‘persons’ means all natural persons and all entities including, but not limited to, corporations, associations, companies, partnerships, municipalities, agencies, banks, departments, and all other similar associations.
F. As used herein, the term ‘state’ or ‘state the basis’ means describe fully all facts which you believe supports your position(s) or contention(s), identify each factor considered when arriving at such position(s) or contention(s) and to state why each factor either is or was not relied upon by you in arriving at such position(s) or contention(s).
G. As used herein, the words ‘identify’ or ‘identity’ , when used in reference to a natural person, mean to state his or her:
1. full name;
2. present or last known home address;
3. present or last known business telephone number;
4. present or last known job title or business position;
5. job title or business position at the time in question; and
6. all other job titles or business positions held and the period (month and year of commencement and termination) during which each such job title or position was held.
H. As used herein, the words ‘identify’ or ‘identity’, when used in reference to a person other than a natural person, mean to state its:
1. present or last known name;
2. present or last known address;
3. all other names by which it was previously known;
4. any other address at which it was previously found; and
5. its past or present affiliation, if any, to you.
I. As used herein, the words ‘identify’ or ‘identity’, when used in reference to a document, mean to state:
1. Its type (e.g., letter, interoffice memorandum), subject matter, title, date and the number of pages thereof;
2. The identity of each person who participated in its preparation;
3. The identity of its signers;
4. The identity of each person to whom it was addressed or sent and by whom it was reviewed or received;
5. The identity of each person represented or purportedly represented by the person identified in response to subparagraphs (1), (2) and (3) above;
6. The present or last known location and custodian of the original of the document (or, if that is unavailable, the most legible copy thereof); and
7. As to any document which once was but no longer is in your possession or subject to your control, state what disposition was made of it and when and by whom it was so disposed of and identify each person whom you have reason to believe had or has knowledge of its contents.
J. As used herein, the words ‘identify’ or ‘identity’, when used in reference to a conversation, meeting, representation, assurance, communication or transaction, mean to state:
1. The date and location thereof, including the location of each of the persons who participated therein or was present;
2. The identity of each person represented or purportedly represented by each person identified in response to subparagraph (1), above;
3. The identity of the person represented or purportedly represented by each person identified in response to subparagraph (2) above;
4. The substance thereof, including what was said or done by each of the participants therein; and
5. The identity of each document memorializing, recording or in any way pertaining to such conversation, meeting, representation, assurance, communication or transaction.
K. References to any business entity include its divisions, parents, and subsidiaries, its merged and acquired predecessors, its affiliates, the present and former members of its board of directors, its present and former officers, directors, agents, employees purporting to act and attorneys and all other persons acting or on its behalf.
L. As used herein, the words ‘relating to’, ‘concerning’ or ‘indicating’ mean directly or indirectly describing, evidencing, reflecting, pertaining to, connected with or containing any information concerning a stated subject matter.
M. As used herein, the term ‘you’ or ‘your’ refers to Defendant McMillan, his personal representatives or any one acting on its behalf.
N. As used herein, the terms ‘document’, ‘documents’, or ‘documentation’ include, but are not limited to, the original and any non-identical copy of any correspondence, books, other written communications, diagrams, reports, accident reports, police reports, expert reports, statements, witness statements, depositions, other examinations taken under oath, transcripts, recordings, bills, invoices, medical bills, diagnoses, pay vouchers, claims for benefits or reimbursement, letters or demand, letters of denial, insurance policies, insurance brochures, computer inputs or outputs or printouts, electronic memos, electronic mailings, contracts, agreements, diaries, leases, deeds, memoranda, logs, notes, analyses, projections and calendars together with information communicated orally, the substance of which has been written, transcribed or otherwise reproduced or memorialized, regardless of whether such ‘document’ or ‘documentation’ is written, printed, typed, photographed, drawn or sound recorded, which is in the possession, custody or control of your and/or your representative(s) or attorney(s).
Interrogatories
1. Was Dr. Stephanie Tarapchak committed to the Lackawanna County Prison on October 23, 2014 on a Bench Warrant? If not, please identify the commit-type document presented to the Prison to authorize her initial incarceration.
2. What was the name of the law enforcement officer who delivered Dr. Stephanie Tarapchak to the Lackawanna County Prison on October 23, 2014, for incarceration?
3. After Dr. Stephanie Tarapchak was committed to the Lackawanna County Prison on October 23, 2014, on a Bench Warrant, did the Prison contact the judge who issued the Bench Warrant and inform him/her that she had been committed to the prison on a Bench Warrant on October 23, 2014? If your answer is negative, please explain why not.