MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 261

REPLY, filed by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH, to Response to #249 MOTION for Protective Order filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: #1 Exhibit A - Plaintiffs' First Request for Production, #2 Exhibit B - Plaintiffs' Second Request for Production of Documents and Things)(SUN, PAUL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN MCFADYEN, ET AL.,
Plaintiffs,

v.

1:07-CV-953

DUKE UNIVERSITY, ET AL.
Defendants.
PLAINTIFFS’ SECOND REQUEST FOR
PRODUCTION OF DOCUMENTS & THINGS AND
FIRST REQUEST FOR ADMISSIONS

I.

INSTRUCTIONS

Pursuant to Rules 26, 33, 34, and 36 of the Federal Rules of Civil Procedure, Plaintiff
serves upon Defendant Duke University this Second Request for Production of Documents
& Things and First Request for Admissions. Pursuant to the rules, you must serve responses
to this discovery request or specific objections thereto within 30 days after being served with
this discovery request.
This discovery request shall be deemed to be continuing so as to require you to
supplement the responses as required by law. You may serve your responses electronically
as an attachment to an email addressed to [e-mail] and
[e-mail]. In the alternative, you may serve your responses upon Plaintiffs by
delivering them to undersigned counsel at Ekstrand & Ekstrand, LLP, 811 Ninth Street,
Suite 260, Durham, NC 27701.

II.

SECOND REQUEST FOR PRODUCTION OF DOCUMENTS &
THINGS
1. Please produce a true and accurate copy of the signed release referred to in Plaintiffs’
Exhibit Kennedy 16 (Pls. #00022358) and in the document attached to these
discovery requests. 1
2. Please produce a true and accurate copy of the signed release referred to by President
Brodhead in his television interviews on April 5, 2006. 2

III.

FIRST REQUEST FOR ADMISSIONS

Pursuant to Fed. R. Civ. P. 36, please admit or deny the following:
1. Admit that Defendant Duke University never had in its possession, custody, or
control an authenticate release signed by Plaintiff Ryan McFadyen on April 5, 2006.
ADMIT: ______ DENY: ______
2. Admit that on April 5, 2006 to the present date, Defendant Duke University never
had in its possession, custody, or control an authenticate release signed by Plaintiff
Ryan McFadyen giving permission to Duke University to release protected
information regarding his disciplinary status on April 5, 2006.
ADMIT: ______ DENY: ______
3. Admit that from April 5, 2006 to the present date, Defendant Duke University has
never had in its possession, custody, or control an authenticate release signed by
Plaintiff Ryan McFadyen giving permission to President Brodhead to release
protected information regarding his disciplinary status on April 5, 2006.
ADMIT: ______ DENY: ______

Because the word “release” in Kennedy Exhibit 16 is partially covered due to the whole punch in the original, attached
is a copy of the same statement from Duke TODAY. The attachment will be bate-stamped and produced with
Plaintiffs’ next supplemental production.
2 Videos of these television interviews have been provided to Defendants in discovery.
1

4. Admit that on March 31, 2006, Defendant Gary Smith and Duke Police Lt. Greg
Stotsenberg provided a key card report for 3/13/06 to 3/14/06 of Plaintiff Ryan
McFadyen to Defendant M.D. Gottlieb.
ADMIT: ______ DENY: ______
5. Admit that on March 31, 2006, Defendant Gary Smith and Duke Police Lt. Greg
Stotsenberg provided a key card report for 3/13/06 to 3/14/06 of Plaintiff Matthew
Wilson to Defendant M.D. Gottlieb.
ADMIT: ______ DENY: ______
6. Admit that on March 31, 2006, Defendant Gary Smith and Duke Police Lt. Greg
Stotsenberg provided a key card report for 3/13/06 to 3/14/06 of Plaintiff Breck
Archer to Defendant M.D. Gottlieb.
ADMIT: ______ DENY: ______

7. Admit that from March 31, 2006 to the present date, Defendant Duke University has
never had in its possession, custody, or control an authenticate release signed by
Plaintiff Ryan McFadyen giving permission to Duke University to release his key card
report for 3/13/06 to 3/14/06 to Defendant M.D. Gottlieb.
ADMIT: ______ DENY: ______
8. Admit that from March 31, 2006 to the present date, Defendant Duke University has
never had in its possession, custody, or control an authenticate release signed by
Plaintiff Matthew Wilson giving permission to Duke University to release his key card
report for 3/13/06 to 3/14/06 to Defendant M.D. Gottlieb.
ADMIT: ______ DENY: ______

9. Admit that from March 31, 2006 to the present date, Defendant Duke University has
never had in its possession, custody, or control an authenticate release signed by
Plaintiff Breck Archer giving permission to Duke University to release his key card
report for 3/13/06 to 3/14/06 to Defendant M.D. Gottlieb.
ADMIT: ______ DENY: ______
Dated: December 8, 2011

Respectfully submitted by:
EKSTRAND & EKSTRAND LLP
/s/ Stefanie A. Sparks
Stefanie A. Sparks (NC Bar No. 42345)
Robert C. Ekstrand (NC Bar No. 26673)
811 Ninth Street
Durham, North Carolina 27705
E-mail: [e-mail]
E-mail: [e-mail]
Tel: [phone]
Fax: [phone]
Counsel for Plaintiffs

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN MCFADYEN, ET AL.,
Plaintiffs,
1:07-CV-953

v.
DUKE UNIVERSITY, ET AL.
Defendants.
CERTIFICATE OF SERVICE 3

I hereby certify that on December 8, 2011, a copy of the foregoing Plaintiffs’ Second
Request for Production of Documents & Things and First Request for Admissions was
served via electronic mail, pursuant to agreement, to the following counsel of record:

Richard W. Ellis
[e-mail]
Dixie T. Wells
[e-mail]
Jeremy M. Falcone
[e-mail]
Paul K. Sun, Jr.
[e-mail]
Attorneys for Duke University, Robert K. Steel, Richard Brodhead, John Burness, Matthew Drummond,
Victor J. Dzau, Aaron Graves, Robert Dean, and Gary N. Smith

Pursuant to the Court’s Order, Plaintiffs’ counsel in Carrington, et al. v. Duke University, et al., 1:08-cv-119, have been
provided with these discovery requests via electronic mail.
3

Joel Miller Craig
[e-mail]
Attorney for Benjamin W. Himan
Paul R. Dickinson, Jr.
[e-mail]
Attorney for Brian Meehan, PHD
Reginald B. Gillespie, Jr.
[e-mail]
Attorney for the City of Durham and Edward Sarvis
Patricia P. Kerner
[e-mail]
Attorney for Jeff Lamb, Laird Evans, Lee Russ, Michael Ripberger, Patrick Baker,
Ronald Hodge, Stephen Mihaich, Steven Chalmers, and Beverly Council
Robert James King. III
[e-mail]
Attorney for Defendants DNA Security, Inc. and Richard Clark
David W. Long
[e-mail]
Attorney for Defendant Mark D. Gottlieb
James B. Maxwell
[e-mail]
Attorney for David W. Addison, James T. Soukup, Kammie Michael, and Richard D.
Clayton
Dan Johnson McLamb
[e-mail]
Attorney for Duke University Health Systems, Inc., Private Diagnostic Clinic, PLLC,
Julie Manly, M.D., Tara Levicy, R.N., and Theresa Arico, R.N.
Shirley Maring Pruitt
[e-mail]
Attorney for Duke University Health Systems, Inc., Private Diagnostic Clinic, PLLC,
Julie Manly, M.D., Tara Levicy, R.N., and Theresa Arico, R.N.
James Avery Roberts, III
[e-mail]
Attorney for Brian Meehan, PHD

Henry W. Sappenfield
[e-mail]
Attorney for Benjamin W. Himan
Ryan M. Shuirman
[e-mail]
Attorney for Duke University Health Systems, Inc., Private Diagnostic Clinic, PLLC,
Julie Manly, M.D., Tara Levicy, R.N., and Theresa Arico, R.N.
Edwin M. Speas, Jr.
[e-mail]
Attorney for Defendant Mark D. Gottlieb
Eric P. Stevens
[e-mail]
Attorney for Defendant Mark D. Gottlieb
D. Martin Warf
[e-mail]
Attorneys for Jeff Lamb, Laird Evans, Lee Russ, Michael Ripberger, Patrick Baker,
Ronald Hodge, Stephen Mihaich, Steven Chalmers, and Beverly Council
Linwood Wilson
[e-mail]
Pro Se
Dated: December 8, 2011

Respectfully submitted by:
/s/ Stefanie A. Sparks
_____________________________
Stefanie A. Sparks (NC Bar No.42345)