State Farm Martin Discovery Responses

8/9/2019 State Farm Martin Discovery Responses

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I N T HE UNITED STATES DISTRICT COURTFO R TH E SOUTHERN DISTRICT OF MISSISSIPPI

NORTHERN DIVISION

STATE FARM LIFE INSURANCECOMPANY

VS.

CRYSTAL WISE MARTINBRANDI BARNETT

PLAINTIFF COUNTER DEFENDANT

CAUSE NO 3:14-CV-736 HTW-LRA

DEFENDANTS COUNTER PLAINTIFF

DEFENDANT CRYSTAL WISE MARTIN S RESPONSES TO DEFENDANT BRANDIBARNETT S FIRST SET OF INTERROGATORIES AN D REQUESTS FO R

PRODUCTION OF DOCUMENTS

COMES NOW the Defendant Crystal Wise Martin by and through counsel and responds

to Defendant s First Set o f Interrogatories and Requests for Production o f Documents.

GENERAL OBJECTIONS

1 Defendant objects the discovery requests to the extent that they incorporate or set forth

definitions instructions or requirements that attempt to impose upon Defendant burdens

and obligations beyond those contemplated by the Federal Rules of Civil Procedure.

Defendant will respond as required by the applicable provisions of the Federal Rules of Civil

Procedure and any purported instructions definitions requirements or requests to the

contrary will be disregarded.

2 Defendant objects to these discovery requests to the extent that they seek information

protected by attorney-client privilege or work product doctrine.

3 To the extent any requests can be interpreted as requiring Defendant to identify or produce

any document or set forth any information which is in the possession custody or control o f

Defendant Barnett or otherwise that has been available to or is otherwise not in the

Case 3:14-cv-00736-HTW-LRA Document 54-5 Filed 04/29/15 Page 1 of 8

EXHIBIT “E”


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possession o f Defendant or is equally accessible to Defendant Barnett Defendant objects

hereto.

4 Defendant objects to these requests to the extent that they seek documents or information

no t relevant to the subject matter of this action and no t reasonably calculated to lead to the

discovery o f admissible evidence.

5 Defendant has no t completed discovery investigation or preparation for trial in this matter.

Accordingly documents and information are provided without prejudice to Defendant

Barnett s rights to make further objections and present additional information and

documents which are hereafter discovered or which further discovery and investigation may

indicate are relevant to this action and called for by Defendant Barnett.

6 These general objections apply to each and every one of the following responses and

objections and failure to repeat an objection in response shall no t be deemed a waiver of

these general objections.

7 Defendant reserves the right to further supplement these responses.

INTERROGATORIES

All responses hereto are subject to and vithout waiver o f the General Objections which

apply to each vithout repetition:

IN tERROGATORY N O 1: Identify by name address telephone number and presentemployer each and every person Defendant Martin beteves ms knowledge o f any facts relevant toDefendant s Martin s claims n t s action. Fo r each such individual ilentified describe whatknowledge you believe said individual has.

RESPONSE:I am

no taware

ofany other persons vith discoverable knowledge outsideo f those who have been identified through the initial disclosures in this matter.

INTERROGATORYNO : Identify documents which in any way support pertain to orrelate to the subject matter o f t s lawsuit or the Defendant Martin s claims against DefendantBarnett.

RESPONSE: Any and aU documents identified through the initial disclosures in this matter

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may be support, pertain to, or relate to the subject matter of the lawsuit and the claims againstDefendant Barnett. Another document may include a copy of the marriage license betweenPrecious Martin and Crystal Wise.

INTERROGATORYNO : Hentify each person expected to be called as a witness at trial.

RESPONSE: I have not decided who will be caUed as a witness at the trial of this matter;however, I reserve the right to call as a witness anyone identified through discovery or the initialdisclosures in this matter.

INTERROGATORY NO 4: Identify aU people you have discussed t is liigation with anddentify those from whom you have obtained a written or recorded statement regarding t islitigation.

RESPONSE: None.

INTERROGATORY NO 5 : Please explain in detail each and every fact or event of which

Defendant Martin i aware which support her allegation that Defendant Barnett seduced PreciousMartin.

RESPONSE: Objection. In addition to the general objections stated above, thisinterrogatory is overly broad and unduly burdensome. Without waiving t is objection, DefendantBarnett became the bookkeeper for the law firm, Precious T. Martin Associates, PLLC.Defendant Barnett became directly privy to the sums of money being earned by the Martinhousehold and deliberately sought to enter a sexual relationship with Precious Martin to be grantedaccess and control of said monies.

INTERROGATORY N O 6 : Are you aware of the existence of any written or recorded

statement s made by or for any party or witness pertaining to the facts of this case? f so, state: n The name of each person making the statement; b Thedate o f the statement; c The name, employer, occupation, hst known address, and telephone

number of the person taking the statement; d The name and hst known address and telephone number of the person

now in possession of the original statement or a copy of same.

RESPONSE: None.

INTERROGATORY NO 7: Did your attorney or anyone acting on your behalf conduct aninvestigation concerning the subject inci:lents regarding Defendant Barnett? f so, pbse state thename, address, and taphone number of the person now having custody of each written reportmade concerning each investigation.

RESPONSE: No.

INTERROGATORY NO 8: Please i:lentify all persons whom Defendant Martin knows had asexual rehtionship with Precious Martin in t past ten 10 years.

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RESPONSE: Objection. In addition to the general objections stated above thisinterrogatory is overly broad and outside the scope of discovery as contemplated by the Fed. R. Civ.Proc.

INTERROGATORY NO 9: Please ilentify all s e ~ u l l ytransmitted diseases Defendant Martin

has contracted and whom they were contracted from since her marriage to Precious Martin. any sexually transmitted disease was contracted from Precious Martin please also ilentifywhom he contracted the sexually transmitted disease i known.

RESPONSE: Objection. In addition to the general objections stated above thisinterrogatory exceeds the scope of discovery as contemplated by the Fed. R. Civ. Proc.

INTERROGATORY NO 10: Pease identify all life insurance policies that Precious l-.Iartin hadin place at the time of s death. Please include the 1 when the insurance was purchased 2 theinsurance company and policy number 3 the amount of life insurance provided and 4 thebeneficiaries for each policy.


INTERROGATORY NO 11 Hentify by name address and telephone number lIlcltxling areacode ll hospitak medical doctors psychiatrists psychologists counselors and other lredi:alandlor mental healthcare personnel you have contacted visited or received treatment in the lastten 10 years.


REQUESTS FOR PRODUCTION OF DOCUMENTS

REQUEST N O Please produce ll documents identified in response to the foregoing n terrogatories.

RESPONSE: There are no documents responsive to this request.

REOUEST NO : Please produce copies of any recordings audio-tapes email or videotapethat ~ f e n n tMartin has n re r possession involving the Defendant Barnett.

RESPONSE: I currendy have no documents responsive to this request.

REQUEST N O 3 : Please produce documentat ion that justifies your claim that DefendantBarnett was [Dt enrided to the proceeds of the insurance policy n question.

RESPONSE: Please see the copy of the Marriage License between Precious Martin andCrystal Wise included here\vith.



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REQUEST NO.4 : Prase produce all documents rebted to life insurance policies thatPrecious Martin ha d at the time o f his death.

RESPONSE: Objection. In addition to the general objections stated above, this request isoverly broad and exceeds the scope of discovery as contemplated by the Fed. R Civ. Proc. as it no treasonably calculated to lead to the discovery of admissible evidence at the trial of this matter.

REQUEST NO.5: Please produce all documents relating to the estate of Precious Martin.

RESPONSE: Objection. In addition to the general objections stated above, this request overly broad and exceeds the scope of discovery as contemplated by the Fed. R Civ. Proc. as it isno t reasonably calculated to lead to the discovery of admissible evidence at the trial of this matter.

REQUEST NO.6 : Prase produce all bank statements fo r IXfendant Martin, PreciousMartin, and any corporation owned by either individual for the past three 3) years.

RESPONSE: Objection. In addition to the general objections stated above, this request isoverly broad, unduly burdensome and exceeds the scope of discovery as contemplated by the Fed.R Civ. Proc.

REQUEST NQ. 7: Please execute an d return the attached HIPAA release.

RESPONSE: Objection. In addition to the general objections stated above, this request isirrelevant, overly broad, unduly burdensome and exceeds the scope of discovery as contemplated bythe Fed. R Civ. Proc.

THIS th e 5dl day of April, 2015.

CH C McRAE, MSB 2804SETH C LITTLE, MSB 102890CHRISTOPHER BAMBACH, MSB 104838McRAE LAW FllUvI, PLLC416 EAST AMITE STREETJACKSON MS 39201Tel.: 601.944.1008Facsimile: 866.236.7731Email: [email protected]

[email protected]@mcraclaw.nct

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State of . . . . L . . . . . J . . : . . . . c : : . ; - = - ~ > F - I ~ \ County o f - - l , . . . ; . . . . : I . . l - ~ : . . a i o ._

PERSONAIL Y CAME AND APPEARED before me the undersigned authority in and for

the jurisdiction aforesaid the within named CRYSTAL WISE MARTIN who after being by me first

duly sworn states on oath that the matters and facts contained in the above and foregoing Responses

to Defendant s First Set of Discovery are true and correct as therein tated.

SWORN T O . j \ N l l t W ~ ~ C R I B E DBefore me this \ v Jday O f _ B v ~ F - / ( ; : \ ; ;~ - 2015. O f · · · · J ~ / n .

• L • • P . -IS •... ~ ~ll-?o U 8 ~ · O••• ~ . 0 /0 . 0

: ~ : ~10 11103414 \ .. . ~

~ CHRISTINE B E R B E R I ~ H

\ \ CommissionExpires} .: . 2016 •• .-

~ . . . . .

· · ~ 4 O · · · · · · · · U ~ . S cO ••••

MY COMMISSION E.. XPIRES:

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ERTIFI TE OF SERVI E

I, Chuck r-. fcRae do hereby certify that I have sent a copy of the foregoing and filed a Notice

of Service regarding the delivery of the same with the Court s electronic filing system which

automatically sends notification to all attorneys of record.

This the 15 day of April, 2015.

CHUCK McRAE, MSB 2804

CHUCK McRAE, MSB 2804SETH C. UTILE MSB 102890CHRISTOPHER

A.BMffiACH MSB

104838McRAE LAW FIlUvl, PLLC416 EAST AMITE STREETJACKSON, MS 39201Tel.: 601.944.1008Facsimile: 866.236.7731Email: [email protected]

[email protected]@mcraclaw.nct

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STATE OF MISSISSIPPI

M R R I G E L I E N S E

COUNTY OF

Hinds

To any Judge Minister. Justice or any olher Person Lawfully authorized 10 celebrate Ihe Rites of Macrimony:

YOU ARE HEREBY LICENSED TO CELEBRATE TRITES OF MATRIMONY

E TWEEN

Miss CRYSTAL

Mr - - - : P - R = E C = I : . ; : ; O = U S ~ _ - - T Y . . . . . : : R = O = N N = E = - - - _ . . . . . : H = A : . : . : . R T . : . . : I = Nand

DIANE WISE

and fo r so doing this shall be your warrant

Given under my hand and official seal this the 17TH day of : A ~ P : : R : : : ; I = L_

in the year of our Lord 1998

SEAL

By LORETTA WELLS

BARBARADUNN.Circuit Clerk

D C

Mr

1998

The State of Mississippi Hinds CountyBy Virtue of a License

from the Clerk of the Circuit Court of said County of Hinds I have this day celebrated theRites of Matrimony between

_-,-P.:.:.:RE=C=I=OU:.;:;S,--_T:..:Y...:.:R=ON=N=E : : H : : : : A R ~ T : I : : N andMiss _....;;;;C.;.;.RY S;..:,.T:..:.;AL=--_-=DI=A=N=E W;; :I: ;:;S : E _

Given under my hand this the 23RD day of : :H:: :A : Y A. D.

_ = J = : E R ~ R : : Y _ Y : : : O : : : U : : ; N G = .....: Seal

I, Barbara Dunn Clerk of the Circuit Court in and

forthe said State and County o hereby certify thet

the above and foregoing is a true and correct copyofthe original MARRIAGE LICENSE and the same Isof record in this office in Book No 209at page _----=9;...

Given under n: Yhand and the Beel of the seal of the Circuit Courtat JACKSON this the 9TH y of FEBRUARY

I; BARBARADUNN Circuit Clerk h ...-:r / / J

By A I D. C. -

2011


Mar t i n0 0 1