PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES PROPOUNDED TO AWARE WOMAN

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES PROPOUNDED TO AWARE WOMAN

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MEREDITH T. RANEY, JR.,
Plaintiff,
v.
AWARE WOMAN CENTER
FOR CHOICE, INC., a Florida corporation,
EDWARD W. WINDLE, JR., and
PATRICIA B. WINDLE
Defendants.

CASE NO.: 97-1197-CV-ORL-19B

PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES PROPOUNDED TO AWARE WOMAN CENTER FOR CHOICE, INC.

Meredith T. Raney, Jr., Plaintiff, hereby requests that this Court enter an order compelling Aware Woman Center for Choice, Inc., a Defendant, to answer certain interrogatories previously propounded to it, in support thereof saying:

FIRST ITEM

Interrogatory 2. Please list the names, dates of employment, residence address, mailing address and telephone numbers of all your employees for the past five years.

Answer to # 2. See objections served simultaneously herewith.

Objection. Defendants object to the information requested in paragraph 2 inasmuch as it is overbroad and specifically, requesting the names of Defendant's employees for the past five years is not relevant to the subject matter of the litigation and not reasonably calculated to lead to the discovery of admissible evidence. Additionally, Defendant objects to providing the names and residential addresses and telephone numbers for these employees inasmuch as this information is confidential and if divulged to Plaintiff, it could lead to an invasion of privacy and personal harassment; and, there is the possibility that the individuals' personal safety would be compromised.

Reason to compel. These people can testify as to the unlawful treatment of Meredith T. Raney, Jr. by the Defendants, the agency relationship of the police, the size of the facility, the danger to and mistreatment of the customers, including death and serious injuries, evidence for punitive damages, impeachment testimony, etc.

SECOND ITEM

Interrogatory 3. Please list the officers of this corporation for the past five years, including residence address, mailing address, and telephone number, together with the specific office held and the duration of such tenure.

Answer to # 3. See objections served simultaneously herewith. Patricia Baird Windle, President; Edward W. Windle, Vice President/Secretary and Treasurer through December 31, 1997. Beginning 1/1/98, Patricia Baird-Windle hold all corporate offices. Address for each is Aware Woman Center for Choice, Inc., 1564-76 Dixie Way, Melbourne, Fl 32935. Phone (407) 242-0220

Objection. Defendant objects to providing the residential address and telephone number as requested in Interrogatory no. 3 inasmuch as this information is confidential and if divulged to Plaintiff, it could lead to an invasion of privacy and personal harassment; and, there is the possibility that the individuals' personal safety would be compromised. Without waiving the above objection, Defendant will provide the business address and business telephone numbers.

Reason to compel. The answer is good enough, however, the objection is a sham.

THIRD ITEM

Interrogatory 4. Please list all directors of this corporation for the last five years including the residence addresses, mailing addresses and telephone numbers, together with the specific office held and the duration of such tenure.

Answer to # 4. See objections served simultaneously herewith. Patricia Baird-Windle and Edward W. Windle, through 12/31/97. Beginning 1/1/98, Patricia Baird-Windle is the sole director. Addresses stated hereinabove.

Objection. Defendant objects to providing the residential address and telephone number as requested in interrogatory no. 4 inasmuch as this information is confidential and if divulged to Plaintiff, it could lead to an invasion of privacy and personal harassment; and, there is the possibility that the individuals' personal safety would be compromised. Without waiving the above objection, Defendant will provide the business address and business telephone numbers.

Reason to compel. The answer is sufficient. The objection, though, is a sham.

FOURTH ITEM

Interrogatory 6. Please describe the formality taken by Aware Woman Center for Choice, Inc. in the making and execution of its corporate decisions.

Answer to # 6. See objections served simultaneously herewith.

Objection. Defendant objects to interrogatory no. 6 as the question is vague, unclear and overbroad, and Defendant is unable to determine exactly what information Plaintiff is requesting.

Reason to compel. To show that the corporate veil exists in name only; that the corporation is a puppet for the Windles and that punitive damages should be assessed primarily against them.

FIFTH ITEM

Interrogatory 7. At what locations does Aware Woman Center for Choice, Inc. conduct business? And state the owner of each location together with the residence address and mailing address of each owner and the owner's telephone number.

Answer to # 7. See objections served simultaneously herewith. The owner of the building located at 1564-76 Dixie Way, Melbourne, Fl is the Revocable Trust of Patricia Baird-Windle.

Objection. Defendant objects to providing the residential address and phone number as requested in interrogatory no. 7 inasmuch as this information is confidential and if divulged to Plaintiff, it could lead to an invasion of privacy and personal harassment; and, there is the possibility that the individuals' personal safety would be compromised. Additionally, Defendant objects to the information requested in interrogatory no. 7 as the information requested is not relevant to the subject matter of the litigation and not reasonably calculated to lead to the discovery of admissible evidence with regard to any other location of AWARE WOMAN CENTER FOR CHOICE, INC., other than 1564-76 Dixie Way, Melbourne, Florida. Without waiving the above objections, Defendant will state the owner of the building located at 1564-76 Dixie Way, Melbourne, Florida, and the owners' business address and phone number.

Reason to compel. The owners of those locations can testify as to the usual size and physical dimensions of "facilities" and the usual features such as parking lots, sidewalks, entrances, and yards.

SIXTH ITEM

Interrogatory 8. Please list all occupational or business licenses and permits of the corporation for the past five years and the qualifications needed to obtain such licenses, together with the name and address of the issuing agency.

Answer to # 8. See objections served simultaneously herewith.

Objection. Defendant objects to providing the information requested in interrogatory no. 8 as the information requested is not relevant to the subject matter of this litigation and not reasonably calculated to lead to the discovery of admissible evidence. Additionally, Defendant objects to the information requested in interrogatory no. 8 as being vague and overbroad

Reason to compel. This information will disclose possible illegality and the insufficient government oversight resulting in dangerous health and sanitary conditions. Also, the lack of qualifications of the facility operators.

SEVENTH ITEM

Interrogatory 9. Please state if you have been a party within the past five years,either as plaintiff or defendant, in a lawsuit or administrative action, other than the present matter, and, if so, state whether you were a plaintiff or defendant, the nature of the action, and the date and place in which such action was filed.

Answer to # 9. See objections served simultaneously herewith.

Objection. Defendant objects to providing the information requested in interrogatory no. 9 as the information requested is not relevant to the subject matter of this litigation and not reasonably calculated to lead to discovery of admissible evidence.

Reason to compel. This information will lead to victims who can testify to the need for Plaintiff's services and will disclose similar mistreatment of other persons.

EIGHTH ITEM

Interrogatory 10. What business or occupational organizations had this corporation been a member of the past five years, stating the mailing address thereof and any qualification for membership.

Answer to #10. See objections served simultaneously herewith.

Objection. Defendant objects to providing the information requested in interrogatory no. 10 as the information requested is not relevant to the subject matter of this litigation and not reasonably calculated to lead to discovery of admissible evidence.

Reason to compel. Such organizations can testify to the Defendants' failure to comply with trade standards; also such organizations can supply information about the size and features included with "facilities".

NINTH ITEM

Interrogatory 14. What signs have been posted during the past five years at 1564 Dixie Way, Melbourne, Florida anywhere outside the building informing the public as to the nature of goods and services available at this address, and what exactly do the signs state?

Answer to # 14. See objections served simultaneously herewith.

Objection. Defendant objects to providing the information requested in interrogatory no. 14 as the information requested is not relevant to the subject matter of this litigation and not reasonably calculated to lead to the discovery of admissible evidence. Defendant has already admitted in its answer to Plaintiffs Complaint that it does provide reproductive health services and constitutes a facility as provided by 18 U.S.C. § 248(e)(1).

Reason to compel. This answer will help prove the secrecy as to the services available there; whether the public is informed that Hope Adoption has its office there, whether surgical or other procedures are performed there. The desperate need for counselors such as Plaintiff.

TENTH ITEM

Interrogatory 15. What organizations and persons have provided security for the business operations at 1564 Dixie Way, Melbourne, Florida during the past five years and how were they compensated? Please state the residence and mailing address together with the telephone number of all such organizations and persons and describe their duties and obligations at this location and the time when such services were provided.

Answer to # 15. See objections served simultaneously herewith. Members of the Melbourne Police Department, 650 Apollo Blvd., Melbourne, Fl, (407)259-1211; compensated with money. Members of the U.S. Marshal Service, address and phone number unknown; compensated with money. Members of the Brevard County Sheriffs Department, 700 S. Park Avenue, Titusville, Fl, (407)633-2123; compensated with money. Various volunteers, do not remember their names, they were not compensated.

Objection. Defendant objects to providing the information requested in interrogatory no. 15 as being overbroad in requesting the names of the organizations and persons who have provided security for the business for the past five years and then, for the past five years to state the time such services were provided. Additionally, Defendant objects to providing the residential address and telephone number as requested in interrogatory no. 15 inasmuch as this information is confidential and if divulged to Plaintiff, it could lead to an invasion of privacy and personal harassment; and, there is the possibility that the individuals' personal safety would be compromised. Without waiving the above objections, Defendant will answer this interrogatory as to the various organizations that provided security for the business operations at 1564-76 Dixie Way, Melbourne, Fl. Additionally, without waiving the above objections, Defendant does not know the residential address and telephone number of the individual U.S. Marshals, police officers or deputy sheriffs.

Reason to compel. This is not privileged information. The Melbourne police are alleged to be agents of defendants and this information will be used to prove up that issue. The Melbourne police expected at least one provocateur to be hired by Defendants who would pose as "security" and help initiate arrests. The other witnesses can verify the Plaintiff s allegations.

ELEVENTH ITEM

Interrogatory 16. What persons have volunteered their services at 1564 Dixie Way, Melbourne, Florida during the past five years? Please state the residence address and mailing addresses together with telephone numbers and a description and dates of the services volunteered.

Answer to # 16. See objections served simultaneously herewith. Jonathan M. Luckey, Roberta Sampere, Phyllis Erwin and various others; the names of which I do not recall.

Objection. Defendant objects to providing the residential address and phone number as requested in interrogatory no. 16 inasmuch as this information is confidential and if divulged to Plaintiff, it could lead to an invasion of privacy and personal harassment; and. There is the possibility that the individuals' personal safety would be compromised. Additionally, Defendant objects to the information requested in interrogatory no. 16 as being overbroad in requesting the names of the persons who have volunteered during the past five years. Lastly, Defendant objects to providing a "description" of the services volunteered as this information is not relevant to the subject matter of the litigation and not calculated to lead to the discovery of admissible evidence. Without waiving the above three objections, Defendant will provide information as to the names of the persons who volunteered their services at the AWARE WOMAN CENTER FOR CHOICE, INC., on the three different dates Plaintiff was arrested as referred to in Plaintiff s Complaint.

Reason to compel. The description of these services will show that the dimensions of the facility included the area where Plaintiff was mistreated and will disclose the health risks and dangers present there.

TWELFTH ITEM

Interrogatory 17. Who has information concerning your income, financial net worth and other similar accounting or economic information for the past five years? Please include residence and mailing addresses and telephone numbers of such persons.

Answer to # 17. See objections served simultaneously herewith.

Objection. Defendant objects to providing the information requested in interrogatory no. 17 as the information requested is not relevant to the subject matter of this litigation and not reasonably calculated to lead to the discovery of admissible evidence. Additionally, Defendant objects to providing the residential address and telephone number as requested in interrogatory no. 17 inasmuch as this information is confidential and if divulged to Plaintiff, it could lead to an invasion of privacy and personal harassment; and, there is the possibility that the individuals' safety would be compromised.

Reason to compel. Punitive damages should be levied against Aware Woman Center for Choice, Inc. and to the extent that the Windles' wealth is primarily in this corporation, that evidence will bear on the amount of such damages.

THIRTEENTH ITEM

Interrogatory 18. Who have the shareholders at this corporation been the past five years? Please state their residence address and mailing address and telephone numbers.

Answer to # 18. See objections served simultaneously herewith.

Objection. Defendant objects to providing the information requested in interrogatory no. 18 as the information requested is not relevant to the subject matter of this litigation and not reasonably calculated to lead to the discovery of admissible evidence. Additionally, Defendant objects to providing the residential address and telephone number as requested in interrogatory no. 18 inasmuch as this information is confidential and if divulged to Plaintiff, it could lead to an invasion of privacy and personal harassment; and, there is the possibility that the individuals' personal safety would be compromised.

Reason to compel. The shareholders are expected to have information about the conduct of the business, its ability to provide health services; information about the issues of this case and evidence for punitive damages.

WHEREFORE, Meredith T. Raney, Jr., the Plaintiff, respectfully requests that the Defendant, Aware Woman Center for Choice, Inc. be compelled to answer these questions.

Respectfully submitted
Christopher F. Sapp <signed>
Post Office Box 1012
Lehigh Acres, Florida 33970
(941) 368-3922
Florida Bar Number 0097823
Attorney for Meredith T. Raney,. Jr.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S, Mail to Vincent G. Torpy, Jr., 930 Harbor City Blvd., Suite 505, Melbourne, Florida 32901 this 9^th day of April, 1998.

Christopher F. Sapp <signed>
Attorney