Attorney for Plaintiffs
Mark J. Syms, Arizona Ear Center, PC
dba Arizona Hearing Center
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
MARK J. SYMS, ARIZONA EAR
CENTER, PC DBA ARIZONA HEARING
CENTER,
Plaintiffs
vs.
KORY CASTRO, LARA CASTRO, JOHN
AND JANE DOES 1-10, DOE
COMPANIES A-Z.,
Defendants
Case No. CV2021-019035
PLAINTIFF’S FIRST SET OF
INTERROGATORIES
PROPOUNDING PARTY: Plaintiffs Mark J. Syms, Arizona Ear Center, PC dba
Arizona
Hearing Center (hereinafter “Plaintiff”)
RESPONDING PARTY: Defendants Kory and Laura Castro (hereinafter “Defendants”)
SET NO.: One
Pursuant to Rules 26 and 33 of the Arizona Rules of Civil Procedure, Plaintiff requests
that Defendants answer the following interrogatories within thirty (30) days as required by
law.
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PLAINTIFF’S FIRST SET OF INTERROGATORIES
INSTRUCTIONS
1. Unless otherwise specified, if your response in regard to a portion of the time
period addressed in any interrogatory differs from your response in regard to another portion
of such period, provide a response for each such portion and indicate the period of time to
which each response relates.
2. When an interrogatory asks you to “describe” or “identify” a document, provide
the following information with respect to each such document:
a) The date appearing on such document; or if it has no date, so state and give the date
or approximate date such document was prepared, produced, created, or came into
being;
b) Any identifying or descriptive code number, file number, title or label of such
document;
c) The general nature or description of such document;
d) The name of the person(s) who signed, authored, produced or created such
document;
e) The name of the person(s) who prepared such document if different from the name
provided pursuant to subpart (d) of this instruction;
f) The name of the person(s) to whom such document was addressed and the name of
each such person other than the addressee to whom such document, or copy or
reproduction thereof, was given or sent;
g) The name of the person or entity having present possession, custody and/or control
of such document;
h) The present location of such document;
i) If such document was, but is no longer in your possession or control, state what
disposition was made of such document, the reason for such disposition, and the
date thereof.
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j) Whether or not any draft, copy, or reproduction of such document contains any
script, notation, change, addendum, or the like, not appearing on such document
itself, and if so, the answer shall give the description and identification of each such
draft, copy or reproduction in accordance with the above subparts (a) through (i).
3. The above information shall be given in sufficient detail to enable any person or
party to whom a subpoena or request for production is directed to identify the documents
sought to be produced and to enable counsel to determine whether such document, when
produced, is in fact the document so described and identified.
4. Notwithstanding any other instruction in this First Set of Interrogatories that is or
may be to the contrary, if a document has already been produced by you to the plaintiff, such
document may be identified by specifying the Bates numbers for all pages of such document.
5. A request that you identify a document is not limited to documents within your
possession, and such requests shall extend to documents under your control.
6. When an interrogatory asks you to "identify" a person, the answer shall contain
the following information with respect to each such person:
a) The full name, current or last known business and residence addresses, and business
and residence phone numbers of such person;
b) The name and address of the agency, employer or entity at which such Person
worked and/or to which such person reported;
c) The title(s) and related periods of service for such person with each such agency,
employer or entity.
7. When an interrogatory calls for the “description” or “identity” of any
“document” you contend to be subject to a privilege against disclosure in response to these
interrogatories, provide with respect to each such document or communication the following:
a) The nature of the document you contend is privileged (e.g., letter, memorandum,
chart, picture, report, etc.);
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b) The number of pages comprising the document and a description of any identifying
marks or designations (e.g. Bates numbers) if any, on the document;
c) The date of the document which you contend is privileged;
d) The name(s) of the author(s) and of any recipient(s) of the document;
e) The name and address of any person who is not included in your response to subpart
(d) with respect to such document and who has access to or has seen, read, or heard
any portion of the material in the document that you contend to be privileged; and
f) The nature of the privilege asserted.
8. In answering each of these interrogatories, furnish all information available to
you that is relevant or that might lead to the discovery of relevant evidence, including
information in the possession of your attorneys, or their investigators, and all persons acting
on your behalf, including but not limited to your agents or representatives. If you are unable
to answer these interrogatories in full after exercising due diligence to supply a complete
answer, state so and answer to the extent possible. Specify the reasons for your inability to
answer and state whatever information or knowledge you have concerning the unanswered
portions.
9. For each interrogatory or part of an interrogatory that you refuse to answer on
grounds of burdensomeness, explain in as much detail as possible the basis for your
contention.
10. These interrogatories are deemed to be continuing; as such, you are requested to
file and serve by way of supplemental answers thereto such additional information as may be
required to complete your answers to these interrogatories.
INTERROGATORIES
INTERROGATORY NO. 1:
Identify the full names and addresses of the person or persons responding to these
Interrogatories.
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RESPONSE:
INTERROGATORY NO. 2:
Identify all persons who you or your attorney have contacted, or from whom you or your
attorney have either obtained or requested a statement, regarding the allegations of the
complaint in this action by stating their name, address, and last known work and home
telephone numbers.
RESPONSE:
INTERROGATORY NO. 3:
Identify the name and, if known, the address and telephone number of each person likely to
have discoverable information that you may use to support your defense(s). With respect to
each such person, identify in as much detail as possible the discoverable information he or
she possesses.
RESPONSE:
INTERROGATORY NO. 4:
Explain in detail the supervisory structure of your workplace, and the procedure you use in
performing your duties.
RESPONSE:
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INTERROGATORY NO. 5:
Identify any complaints or charge(s) that you have made, or that have been made against you,
include the name, address, and telephone number for each person; the date of each complaint
or charge; and the current status of each complaint or charge. Please state to each case:
a) The names of the parties;
b) The nature of the case and the nature and extent of any injuries claimed;
c) The state, county and court in which the lawsuit was filed or venued;
d) The approximate year in which the lawsuit was filed;
e) The disposition of the lawsuit, whether by trial or settlement; and
f) The cause number or claim number.
RESPONSE:
INTERROGATORY NO. 6:
Explain in detail all disciplinary or corrective actions that have been taken against you.
RESPONSE:
INTERROGATORY NO. 7
Has your deposition ever been taken? If so, please state:
a) The names of the parties;
b) Date of the deposition;
c) Purpose for your testimony;
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d) The name and address of the person or persons in possession with a copy of the
deposition transcript; and
e) The state, county, court and cause number in which the lawsuit was filed or venued.
RESPONSE:
INTERROGATORY NO.8
Have you ever testified in a lawsuit? If so, please state:
a) The names of the parties;
b) Date of the testimony;
c) Purpose for your testimony;
d) The state, county, court, and cause number in which the lawsuit was filed or venued.
RESPONSE:
INTERROGATORY NO. 9
State in detail your version of how the incident(s) alleged in the Plaintiff’s Complaint
occurred.
RESPONSE:
INTERROGATORY 10.
State in detail all facts which you believe support your defenses to Plaintiff’s Complaint.
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RESPONSE:
INTERROGATORY 11
If you or other representatives have any form of statement from any witness or party to the
incident, including a statement by you, please state for each such statement:
a) The name and address of the person making the statement;
b) The name and address of the person who obtained the statement;
c) The date of each such statement;
d) The form of the statement; and
e) The name and address of the person who has possession of each such statement.
RESPONSE:
INTERROGATORY 12
If you expect or intend to call any expert witness or witnesses to testify at the trial of this
case, or to be used in support of your defense, or if you have consulted any such expert
whether or not he or she is expected to be called as a witness at trial, please state as to each
such expert:
a) The name, address and profession or occupation of each such expert;
b) The subject matter upon which the expert is expected to testify, or upon which he
or she was consulted;
c) The opinions reached by each such expert;
d) The facts, in detail, upon which each such opinion is based;
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e) Whether you have received a written report of any such expert’s opinions and the
facts upon which they are based, and, if so, the date of each such report and the
name of the expert who compiled or prepared it; and
f) Whether you will furnish a copy of each such report to Plaintiff, without the
necessity of a request for production being made.
RESPONSE:
INTERROGATORY NO. 13
Identify each lay witness expected to offer evidence on your behalf in this matter, providing a
description of the facts and/or opinions about which each lay witness is expected to testify.
RESPONSE:
INTERROGATORY NO. 14
For each witness who will give any “lay opinion testimony” as defined in Arizona Rules of
Evidence 701, please state:
a) The name, address and occupation of each such person;
b) The subject matter upon which each witness is expected to testify;
c) Each opinion to which each lay witness is expected to testify;
d) Each fact upon which the opinion is based; and
e) The grounds for each opinion.
RESPONSE:
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INTERROGATORY NO. 15
If you have ever been convicted of a felony or a misdemeanor, please state as to each
conviction:
a) The crime or crimes of which you were convicted;
b) The state, county, and name of the court in which you were convicted;
c) The sentence imposed;
d) The year in which you were convicted; and
e) The cause number of the court proceedings.
RESPONSE:
INTERROGATORY NO. 16
State the name and address of each person who has any knowledge of the facts of your
defense.
RESPONSE:
INTERROGATORY NO. 17
If you or anyone else has ever made any notes, or a log, or have kept a diary regarding this
matter, whether it be the facts of the incident, please state:
a) The contents;
b) The identity of the person who made each note, statement or entry;
c) When it was started;
d) Why it was started;
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e) The date of the last entry; and
f) The identity of each person who presently has a copy.
RESPONDENT:
INTERROGATORY NO. 18
Identify each article, journal, book, pamphlet or other publication your or your expert(s)
intend to assert at trial as authoritative for any proposition and state for each article, journal,
book, pamphlet or other publication the following:
a) Name, address, occupation and area of specialization of the author(s);
b) Date of publication;
c) Name and address of publisher;
d) Title of publication;
e) The proposition for which you claim it is authoritative; and
f) The portion (page number) of such publication containing the material you assert as
authoritative.
RESPONSE:
INTERROGATORY NO. 19
Identify all non-expert witnesses upon whom you intend to rely at trial, and for each such
individual, state:
a) The subject matter upon which the person is expected to testify;
b) The current or last known address of said person;
c) The last known telephone number of each such witness; and
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d) The witnesses’ relationship to you, if any.
RESPONSE:
INTERROGATORY NO. 20
Have you been advised, and are you aware, that you are answering the foregoing
interrogatories under oath?
RESPONSE:
I hereby affirm under the penalties for perjury that I have read the foregoing Answers to
Interrogatories and that they are true.
Dated: ____________
___________________________
Maria Syms, Esq.
2627 North Third Street, Suite 201
Phoenix, Arizona 85004
symsaz@gmail.com
Attorney for Plaintiffs
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CERTIFICATE OF SERVICE
I hereby certify a copy of the foregoing has been served upon the Defendants’ counsel via
[STATE MEANS OF SERVICE] to the following address on record on this [ENTER
DATE].
Kristy L. Peters
Carlos B. Gutierrez
LITTLER MENDELSON, P.C.
Attorneys for Defendants
Dated: ____________
___________________________
Maria Syms, Esq.
2627 North Third Street, Suite 201
Phoenix, Arizona 85004
symsaz@gmail.com
Attorney for Plaintiffs
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