UAH Response to Records Subpoena

7/29/2019 UAH Response to Records Subpoena

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IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

SAMMIE LEE DAVIS, as PersonalRepresentative of THE ESTATE OF DR.MARIA RAGLAND DAVIS, deceased,

Plaintiff,

vs.

DR. VISTASP M. KARBHARI; DR. AMYBISHOP, a/k/a AMY BISHOPANDERSON; and JAMES ANDERSON,

Defendants.

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CIVIL ACTION NO. : CV-11-900037

DR. JACQUELINE U. JOHNSON, asPersonal Representative of THE ESTATEOF DR. ADRIEL D. JOHNSON, SR.,deceased,

Plaintiff,

vs.


Defendants.

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NOTICE OF SERVICE OF DISCOVERY DOCUMENTS

TO: Ms. Jane Smith, Clerk

Madison County Courthouse100 North Side SquareHuntsville, AL 35801

ELECTRONICALLY FILED2/28/2013 3:27 PM

CV-2011-900037.00CIRCUIT COURT OF

MADISON COUNTY, ALABAMJANE C. SMITH, CLERK


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PLEASE TAKE NOTICE that the following discovery documents have been served on

all parties:

Interrogatories

Answers to InterrogatoriesRequest for ProductionResponse to First Request for ProductionResponse to Second Request for ProductionRequest for AdmissionsResponse to Request for AdmissionsNotice of Intent to Serve Subpoena

X UAHuntsvilles Objections and Reponses to Plaintiffs Amended Rule 45Subpoena

/s/ Stephen A. SistrunkRandal H. Sellers (ASB-3398-E56R)

Jay M. Ezelle (ASB-4744-Z72J)Stephen A. Sistrunk (ASB-4229-E63S)STARNES DAVIS FLORIE LLP100 Brookwood PlaceSeventh Floor

Birmingham, AL 35209(205) 868-6000 (Telephone)(205) 868-6099 (Facsimile)E-mail: [email protected]

[email protected]@starneslaw.com


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CERTIFICATE OF SERVICE

I hereby certify that on February 28, 2013 I electronically filed the foregoing withthe Clerk of the Court using the Ala-File system and also served a copy of the foregoing

by using the Ala-File system to the following:

Sam IngramBrian MosholderCARPENTER, INGRAM & MOSHOLDER, LLP303 Sterling Centre4121 Carmichael RoadMontgomery, AL 36106

J. Allen Brinkley

BRINKLEY & CHESTNUT307 Randolph AvenueP.O. Box 2026Huntsville, AL 35804-2026

Douglas S. FierbergPeter C. GrenierBODE & GRENIER, LLPNinth Floor, Connecticut Building1150 Connecticut Avenue, NW

Washington, D.C. 20036

Joe PeddyEthan R. DettlingSMITH, SPIRES & PEDDY, P.C.Suite 200, 2015 Second Avenue NorthBirmingham, AL 35203

/s/ Stephen A. SistrunkStephen A. Sistrunk (ASB-4229-E63S)


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IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

SAMMIE LEE DAVIS, as PersonalRepresentative of THE ESTATE OF DR.MARIA RAGLAND DAVIS, deceased,

Plaintiff,

vs.


Defendants.

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)))))))))))))


DR. JACQUELINE U. JOHNSON, asPersonal Representative of THE ESTATEOF DR. ADRIEL D. JOHNSON, SR.,deceased,

Plaintiff,

vs.


Defendants.

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OBJECTIONS AND RESPONSES TO PLAINTIFFS AMENDEDRULE 45 SUBPOENA

COMES NOW The University of Alabama in Huntsville (UAHuntsville), on

behalf of that person or persons designated by Plaintiffs as Records Keeper for

UAHuntsville, and provides the following objections to Plaintiffs Amended Civil


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Subpoena for Production of Documents Under Rule 45 (the Document Requests or

Request).

SPECIFIC OBJECTIONS AND RESPONSES

1. All records of any call or request to security or police originating from

Shelbie King Hall between November 1, 2009, and December 31, 2009, or for the

provision of any such services at Shelbie King Hall during this same period of time.

RESPONSE: As set forth in the Affidavit of Melissa J . Sisco,UAHuntsville previously searched the Computer AidedDispatch Record Management System, the system used by

UAHuntsville Police to record all dispatches, and locatedno responsive documents. Although UAHunstville objectsto this Request because it is unreasonably cumulative andunduly burdensome, UAHunstville and Plaintiffs haveagreed that UAHuntsville will obtain a cost estimate forsearches of the system metadata to locate calls from theoffices of Dr. Karbhari and President Williams, includingtheir staff, between November 1, 2009 and December 31,2009. UAHuntsville will provide this cost estimate toPlaintiffs. Subject to Plaintiffs advance payment of all

costs, UAHuntsville will produce any responsivedocuments produced by this search.

2. The name and last known address of any campus security officer

responding to any calls identified in item No. 1, above, including the date and time of

each officers response.

RESPONSE: UAHuntsville incorporates its Response to Request No. 1.If the metadata search reveals any responsive documents,

then UAHuntsville will provide contact information forany security officer identified in such documents.

3. All records of any call or requests for security or police services from the

offices of Dr. Vistasp Karbhari, then-President David Williams, and their respective staff,


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including but not limited to Carol Jackson, Peggy Bower, Mary Beth Walker and Fay

Hartman, between November 1, 2009, and December 31, 2009.

RESPONSE: UAHuntsville objects to this Request because it seeks

documents that are confidential, privileged, or exemptfrom discovery under any applicable privilege orprotection against disclosure. Subject to the foregoingobjections, UAHuntsville responds that it and Plaintiffshave agreed that UAHuntsville will search its telephonerecords and produce any responsive, non-privilegeddocuments, subject to Plaintiffs agreement to pay thecosts for such search and production.

4. The name and last known address of any campus security officer

responding to any calls identified in item No. 3, above, including the date and time of

each officers response.

RESPONSE: UAHuntsville adopts and incorporates its Response toRequest No. 2.

5. Any and all records, reports or logs of campus security regarding the

provision, stationing or use of security personnel for Dr. Vistasp Karbhari or then-

President David Williams, their respective staff, or at Shelbie King Hall, between

November 1, 2009, and December 31, 2009.


6. The name and last known address of any campus security officer identified

in item No. 5 above, including the date(s) and time(s) of service.


7. Any and all records of any regular security detail at Shelbie King Hall

between November 1, 2009, and December 31, 2009.


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RESPONSE: UAHuntsville objects to this Request because the termregular security detail is vague and ambiguous. To theextent Plaintiffs use the term regular security detail tomean a specific officer stationed at a post at Shelbie K ingHall, there was no such detail between November 1, 2009,

and December 31, 2009. To the extent that Plaintiffs seekrecords of any responses to Shelbie King Hall byUAHuntsville police during that time, then UAHuntsvilleadopts and incorporates its Response to Request No. 1.

8. The name and last known address of each campus security officer identified

in item No. 7 above, including the date(s) and time(s) of each officers detail.

RESPONSE: UAHuntsville adopts and incorporates its Response to

Request No. 2.

9. All records of incoming and outgoing telephone calls between November 1,

2009, and December 31, 2009, for telephone numbers assigned to or used regularly by

Dr. Vistasp Karbhari, then-President David Williams, Carol Jackson, Mary Beth Walker,

Peggy Bower, Fay Hartman and Debra M. Moriarity.

RESPONSE: UAHuntsville adopts and incorporates its Response to

Request No. 3.

10. All electronically-sent documents and communications that traveled

through any UAH server accounts of Dr. Vistasp Karbhari, then-President David

Williams, Dr. Debra M. Moriarity, Peggy Bower, Mary Beth Walker or Fay Hartman,

from November 1, 2009, through December 31, 2009, concerning Dr. Amy Bishop.

RESPONSE: UAHuntsville objects to this Request because it is undulyburdensome and seeks documents that are confidential,privileged, or exempt from discovery under anyapplicable privilege or protection against disclosure.Subject to the foregoing objections, UAHuntsville iswilling to produce any responsive, non-privilegeddocuments subject to Plaintiffs advanced payments of the


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costs of such a search and production. Because of thehigh costs of such search and production, Plaintiffs haveagreed that UAHunstville does not need to respond to thisRequest at this time. Should Plaintiffs choose to pursuethis Request, then UAHuntsville and Plaintiffs will meet

and confer to determine the best way to solicit a bid froman ESI provider.

11. All records, including phone logs, indicating any call from the Office of the

Provost or the Office of the President in Shelbie King Hall to any University Police

number, whether emergency or non-emergency number, from November 1, 2009,

through December 31, 2009.


/s/ Jay M. EzelleRandal H. Sellers (ASB-3398-E56R)

Jay M. Ezelle (ASB-4744-Z72J)Stephen A. Sistrunk (ASB-4229-E63S)STARNES DAVIS FLORIE LLP

100 Brookwood PlaceSeventh FloorBirmingham, AL 35209(205) 868-6000 (Telephone)(205) 868-6099 (Facsimile)E-mail: [email protected]

[email protected]@starneslaw.com


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CERTIFICATE OF SERVICE

I hereby certify that on February 28, 2013, I served a copy of the foregoing viaelectronic mail and U.S. Mail to the following:

Sam IngramBrian MosholderCARPENTER, INGRAM & MOSHOLDER, LLP303 Sterling Centre4121 Carmichael RoadMontgomery, AL 36106

J. Allen BrinkleyBRINKLEY & CHESTNUT

307 Randolph AvenueP.O. Box 2026Huntsville, AL 35804-2026

Douglas S. FierbergPeter C. GrenierBODE & GRENIER, LLPNinth Floor, Connecticut Building1150 Connecticut Avenue, NWWashington, D.C. 20036

Joe PeddyEthan R. DettlingSMITH, SPIRES & PEDDY, P.C.Suite 200, 2015 Second Avenue NorthBirmingham, AL 35203

/s/ Stephen A. SistrunkStephen A. Sistrunk (ASB-4229-E63S)

UAH Response to Records Subpoena

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