IN THE SUPERIOR COURT OF THE STATE OF DELAWARE NEW CASTLE COUNTY

LAWRENCE MILLS

705 Winhall Way

Silver Spring, MD 20904

Plaintiff

vs.

PIVOT OCCUPATIONAL HEALTH

914 Justison St, Wilmington,

Delaware, 19801

and

PIVOT PHYSICAL THERAPY

1214 Beaver Brook Plaza Ste. A,

New Castle, DE 19720

and

OSBORNE SOCIAL VENTURES, LLC

251 Little Falls Drive

Wilmington, DE, 19807

and

KRISTEN CRISPIN

Individually and as an Agent of the

Co-Defendant Pivot Occupational Health

26 Colesbery Dr

Wilmington Manor, DE 19720

and

OFFICER DAVID WINCH

In his Individual Capacity

2162 New Castle Ave,

New Castle, DE 19720

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* CIVIL ACTION NO:

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PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

TO: PIVOT PHYSICAL THERAPY

Plaintiff requests pursuant to the provisions of Del. R. Civ. P. Super. Ct. 34 that Pivot Physical Therapy produce the following documents and things in accordance with the rule 34 within thirty (30) days of service of this Request.

INSTRUCTIONS AND DEFINITIONS

1. “You” or “your” refers to Defendant(s) herein and to all other persons acting or purporting to act on behalf of Defendant(s), including agents and employees.
2. “Communications” shall mean all inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations, letters, correspondence, notes, telegrams, telexes, advertisements, facsimiles, e-mail, or other forms of verbal and/or communicative intercourse.

• “Documents” shall mean all written or graphic matter of every kind or description, however produced or reproduced, whether draft or final, original or reproduction, signed or unsigned, and regardless of whether approved, signed, sent, received, redrafted, or executed, including but not limited to: written communications, letters, correspondence, facsimiles, e-mail, memoranda, minutes, notes, films, recordings of any type, transcripts, contracts, agreements, purchase or sales orders, memoranda of telephone conversations or personal conversations, diaries, desk calendars, interoffice communications, reports, studies, bills, receipts, checks, checkbooks, invoices, requisitions or material similar to any of the foregoing however denominated, by whomever prepared, and to whomever addressed, which are in your possession, custody or control.
• “Persons” means an individual, corporation, partnership, trust, association, company, organization, or any form of a business or commercial entity.

• For purposes of this discovery request “Identify” is defined as the following:
  • when used with respect to an individual, means to state (a) their name; (b) business affiliation and official title and/or position; and (c) their last known residential and business address.

• when used with respect to a document, means to state (a) the type of document (e.g. letter, memorandum, hand-written note, facsimile, e-mail) (b) its date of origin or creation; (c) its author and addressee; (d) its last known custodian or locations; and (e) a brief description of its subject matter and size. In lieu of identifying any document(s), you may attach a copy of it to your answer, indicating the question to which it is responsive.
  • when used with respect to a company or other business entity, means to state, (a) the company’s legal name, any former names, and the name under which it trades or does business; (b) the address of its principal place of business; and (c) the identity of its chief executive officer.
• “Relate to” means consist of, refer to, reflect or be in any way logically connected with the matter discussed.
• The period of time encompassed by these requests shall be from the date of the alleged accident to the date of answering, unless otherwise indicated. Note, this request is continuing up to and at the time of trial.
• For purposes of the Rule, a statement includes:
  • A written statement, signed or otherwise adopted or approved by the person making it, or
  • A stenographic, mechanical, electronic, videographic or other recording, or a transcript thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.

DOCUMENTS AND THINGS TO BE PRODUCED

1. All written statement(s) of employees of Pivot Physical Therapy, made to any entity or file involving Plaintiff.
2. All of Pivot Physical Therapy’s videotapes, digital video files, or other media.
3. Provide all names and contact information from any individual banned from Horseshoe Casino Baltimore for the past five (5) years.
4. Lawrence Mill’s complete blood sample analysis and supporting report.
5. Any electronically stored information, notes, and reports in the custody and possession of Pivot Physical Therapy regarding the incident that is the cause of this action.
6. All investigation reports, documents, notes, internal memoranda, and correspondence created by the Pivot Physical Therapy and its employees regarding or touching upon (1) the use of physical touch exerted by Pivot Physical Therapy employees to withdraw a blood sample(2) communications between Pivot Physical Therapy employees and the New Castle County Police Officers that arrived during the occurrence, (3) the decision to subject Lawrence Mills to an involuntary blood extraction exercise.
7. All investigation reports, documents, notes, internal memoranda, and correspondence created by the Pivot Physical Therapy and its employees regarding or touching upon (1) the use of physical touch exerted by Pivot Physical Therapy employees to withdraw a blood sample(2) communications between Pivot Physical Therapy employees and the New Castle County Police Officers that arrived during the occurrence, (3) the decision to subject Lawrence Mills to an involuntary blood extraction exercise.
8. After-action reports or recordings, emails, text messages, phone logs, walkie-talkie dispatch, 911 calls, and all communications between and among Pivot Physical Therapy personnel and law enforcement regarding the occurrence.
9. All written policies and procedures in effect at Pivot Physical Therapy as of the date of the incident, relative to the following:
   1. The use of physical force against patrons.
   1. Involuntary extraction of blood samples.
   1. Compliance with Court sanctioned warrants.
10. Any reports, memoranda, statements of employees or notes that Pivot Physical Therapy provided to New Castle County police authorities concerning Plaintiff.
11. Any handwritten notes and notebooks utilized by any employees of Pivot Physical Therapy concerning the events of incident involving Plaintiff.
12. The names of all supervisors and managers in the employ of Pivot Physical Therapy on the date of the occurrence, and familiar with the Plaintiff’s case.
13. Any employee evaluations for the Pivot Physical Therapy employee involved in the occurrence.

Respectfully submitted,

/s/ Justin Mills

Dated: July 17, 2021 Lawrence J. Mills

705 Winhall Way

Silver Spring, MD 20904

Telephone: (240) 338-4999

Plaintiff

CERTIFICATE OF SERVICE

I HEREBY CERTIFY on this 1^st day of July, 2021 that a copy of Plaintiff’s Motion for Authorization to File Electronically was served via email to the Defendants at:

Gordon, Fournaris & Marshall Dennehey Warner

Mammarella, P.A.  Coleman & Goggin

William M. Kelleher, Esq. (#003645) Aaron E. Moore (#6739)

Phillip A. Giordano, Esq. (#005756) 1007 N. Orange Street, Suite 600

1925 Lovering Avenue P.O. Box 8888 

Wilmington, DE 19806 Wilmington, DE 19899

wkelleher@gfmlaw.com  aemoore@mdwcg.com

pgiordano@gfmlaw.com

Kristen Crispin

933 Gray Street

New Castle, DE 19720

kristencrispin14@gmail.com

/s/ Justin Mills

          Lawrence J. Mills

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