HomeMy WebLinkAbout2017CV1177 - MCGRATH V. FCPS OFFICER NICK ROGERS - 022A - EXHIBIT 1IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:17-cv-01177-LTB
DAKOTA TYLER MCGRATH,
Plaintiff,
v.
FORT COLLINS POLICE SERVICES OFFICER NICK RODGERS, in his individual
capacity,
Defendant.
______________________________________________________________________
DEFENDANT’S FIRST SET OF INTERROGATORIES, REQUESTS FOR
PRODUCTION OF DOCUMENTS, AND REQUESTS FOR ADMISSION TO PLAINTIFF
______________________________________________________________________
Defendant Fort Collins Police Services Officer Nick Rogers, through his counsel,
Thomas J. Lyons and Matthew J. Hegarty of Hall & Evans, L.L.C., and pursuant to Fed.
R. Civ. P. 33, 34, and 36, hereby submits his first set of Interrogatories, Requests for
Production of Documents, and Requests for Admission to Plaintiff (“Discovery
Requests”), to be answered under oath within thirty (30) days after service of these
Discovery Requests.
INSTRUCTIONS
1. These Discovery Requests apply to all information in the possession,
custody, or control of Plaintiff, regardless of its location and regardless of whether such
information is held by Plaintiff’s agents, employees, representatives, attorneys, or any
other person under Plaintiff’s control.
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cover letters, rejection letters, correspondence, applications, notes, calendars, or
memoranda.
12. Produce copies of all documents you believe contradict, refute, or relate to
any position you understand Defendant to take in this litigation.
13. If you are claiming emotional distress as an element of damages in this
litigation, produce copies of all medical or mental health records in your possession for
the past ten (10) years, including, but not limited to, records from all providers or facilities
described in these Discovery Requests, and execute the enclosed medical releases so
that Defendant can obtain records directly from the providers or facilities. Please execute
and provide an original release for each provider so that Defendant may comply with the
Health Insurance Portability and Accountability Act (“HIPAA”).
14. Produce copies of any diaries, journals, calendars, or notes kept or
maintained by you from October 1, 2016 to the present relating to your daily activities,
including, without limitation, any such records maintained on a computer, cell phone,
smart phone, personal data assistant, or other electronic device.
15. Produce all written reports of your investigators or other representatives
who investigated any aspect of the Incident, including any allegedly resulting injury.
16. Produce all documents that mention or embody any criminal charges,
lawsuit, administrative matter, or alternative dispute proceeding in which you were a party
or witness identified in response to any of these Discovery Requests.
REQUESTS FOR ADMISSION
1. Admit that, on the night of the Incident, you ignored Defendant’s commands
to step away from your vehicle and sit down on a curb.
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2. Admit that, on the night of the Incident, you walked away from Defendant
after he commanded you to approach him and sit down on a curb.
3. Admit that, on the night of the Incident, when Defendant informed you that
you were under arrest and that force would be used against you if you did not comply with
Defendant’s commands, you responded, “Do what you have to do.”
4. Admit that, on the night of the Incident, Defendant delivered a single blow
to your left scapula consisting of a two-handed straight strike with Defendant’s wooden
baton, which caused you to fall to the ground.
5. Admit that, on the night of the Incident, you reached for your backpack after
Defendant commanded you to roll over on to your stomach.
6. Admit that, on the night of the Incident, you resisted officers’ attempts to
place you in handcuffs.
7. Admit that, on the night of the Incident, you head-butted Lalo Rodriguez.
8. Admit that, on the night of the Incident, you drank alcoholic beverages.
9. Admit that, on the night of the Incident, you refused to comply with hospital
personnel’s requests to let them examine you.
Respectfully submitted this 17th day of November, 2017.
s/ Matthew J. Hegarty
Matthew J. Hegarty, Esq.
Thomas J. Lyons, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Ste. 300
Denver, CO 80202
T: 303-628-3300
F: 303-628-3368
E: lyonst@hallevans.com
hegartym@hallevans.com
ATTORNEYS FOR DEFENDANT
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CERTIFICATE OF SERVICE
I hereby certify that, on this 17th day of November, 2017, I electronically served
the foregoing DEFENDANT’S FIRST SET OF INTERROGATORIES, REQUESTS FOR
PRODUCTION OF DOCUMENTS, AND REQUESTS FOR ADMISSION TO PLAINTIFF
via email upon the following email address:
Anthony Viorst, Esq.
VIORST LAW OFFICES, P.C.
tony@hssspc.com
Attorneys for Plaintiff
s/ Michael Hagan, Paralegal to
Matthew J. Hegarty, Esq.
Thomas J. Lyons, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Ste. 300
Denver, CO 80202
T: 303-628-3300
F: 303-628-3368
E: lyonst@hallevans.com
hegartym@hallevans.com
ATTORNEYS FOR DEFENDANT
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