PLAINTIFFS REQUEST FOR ADMISSIONS OF FACTS TO DEFENDANTS

January 3, 2024

Maria Syms, Esq. (#023019)
2627 North Third Street, Suite 201
Phoenix, AZ 85004
602-430-0472
symsaz@gmail.com
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

PLAINTIFFS’ REQUEST FOR
ADMISSIONS OF FACTS TO
DEFENDANTS

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 Rule 36 of the Arizona Rules of Civil Procedure, Plaintiff requests that
Defendants admit or deny the following statements of fact. Please take note: each matter of
which an admission is requested is deemed admitted unless, within 30 days after service of
these Requests, you serve upon the Plaintiff, through the undersigned, a written answer or

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_____________________________________________________________________________________________

REQUEST FOR ADMISSIONS OF FACTS

objection. If objection is made, please state the reason for the objection. You may not give
lack of information or knowledge as a reason for failure to admit unless you state that you
have made reasonable inquiry and that the information known or readily obtainable by you is
insufficient to enable you to ADMIT or DENY.
REQUEST FOR ADMISSION NO 1
Admit that Plaintiff is a medical doctor board certified in Otolaryngology (ENT) and
Neurology. Admit further that Plaintiff has more than thirty years’ experience as an ENT
physician.
RESPONSE:

REQUEST FOR ADMISSION NO 2
Admit that Plaintiff offered you a generous employment package that included benefits,
continuing education, and training opportunities.
RESPONSE:

REQUEST FOR ADMISSION NO 3
Admit that you read, agreed to, and signed the Employment Agreement attached as Exhibit 1
to the Complaint.
RESPONSE:

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_____________________________________________________________________________________________

REQUEST FOR ADMISSIONS OF FACTS

REQUEST FOR ADMISSION NO 4
Admit that, under the Employment Agreement, you promised not to solicit business away
from AHC or interfere with AHC’s business relationships.
RESPONSE:

REQUEST FOR ADMISSION NO 5
Admit that in the Employment Agreement, you promised not to compete with AHC for a
certain period of time following your departure.
RESPONSE:

REQUEST FOR ADMISSION NO 6
Admit that in the Employment Agreement, you promised not to use or disclose confidential
information or AHC’s trade secrets.
RESPONSE:

REQUEST FOR ADMISSION NO 7
Admit that you were required by virtue of your employment with Arizona Hearing Center, to
"develop and build new locations"; "develop and grow the practice" and "manage and train
future dispensers.
RESPONSE:

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_____________________________________________________________________________________________

REQUEST FOR ADMISSIONS OF FACTS

REQUEST FOR ADMISSION NO 8
Admit that Plaintiff discussed his plans to purchase hearing aid dispensaries in Arizona and
his expansion strategy via acquiring practices.
RESPONSE:

REQUEST FOR ADMISSION NO 9
Admit that you represented to Plaintiff that you would be leaving Arizona in 2.5 years
because your wife would be pursuing a medical fellowship not offered in the state of
Arizona.
RESPONSE:

REQUEST FOR ADMISSION NO 10
Admit that within three months after you started working at AHC, without informing
Plaintiff, you created and registered an Arizona corporation to dispense hearing aids in the
State of Arizona.
RESPONSE:

REQUEST FOR ADMISSION NO 11

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_____________________________________________________________________________________________

REQUEST FOR ADMISSIONS OF FACTS

Admit that you informed Plaintiff that you would never work with Beltone, and that you
stated that Beltone’s technology is shoddy and low quality.
RESPONSE:

REQUEST FOR ADMISSION NO 12
Admit that because of your repeated statements that you were leaving the state and that you
would never work with Beltone, Plaintiff continued to share information with you regarding
AHC’s expansion plans, including confidential negotiations with Beltone and the details of
the confidential Audigy/Beltone expansion analysis.
RESPONSE:

REQUEST FOR ADMISSION NO 13
Admit that on or about December 2021, Beltone abruptly ceased communicating with
Plaintiff regarding the Audigy/Beltone expansion plan.
RESPONSE:

REQUEST FOR ADMISSION NO 14
Admit that you announced abruptly that you were leaving AHC to start your own hearing aid
practice, and that you would open the practice in Prescott.
RESPONSE:

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REQUEST FOR ADMISSIONS OF FACTS

REQUEST FOR ADMISSION NO 15
Admit that you left AHC to partner with Beltone, to implement the Audigy/Beltone
expansion plan.
RESPONSE:

REQUEST FOR ADMISSION NO 16
Admit that you have partnered with Beltone to open practices in Scottsdale and Cave Creek
in addition to Prescott.
RESPONSE:

Dated: ____________

___________________________
Maria Syms, Esq.
2627 North Third Street, Suite 201
Phoenix, Arizona 85004
symsaz@gmail.com
Attorney for Plaintiffs

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REQUEST FOR ADMISSIONS OF FACTS
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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