IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF GEORGIA

VALDOSTA DIVISION

MICHELE Y. DAVIS, )
) CIVIL ACTION FILE NO.:
Plaintiff, )
) 7:22-CV-00017-HL
vs. )
)
DIVERSIFIED RESOURCES, INC., )
)
Defendant. )

PLAINTIFF MICHELE Y. DAVIS’S FIRST REQUEST FOR PRODUCTION OF

DOCUMENTS TO DEFENDANT DIVERSIFIED RESOURCES, INC.

Plaintiff Michele Y. Davis, by and through her undersigned counsel, hereby requests that

the Defendant, Diversified Resources, Inc. (“Diversified” or “Defendant”), produce for discovery,

inspection, and/or copying at counsel for the Plaintiff’s office, Lee Law Firm, LLC, 695 Pylant St.

N.E., Suite 105, Atlanta, GA 30306, or at any other mutually agreed location, within thirty (30)

days of the date of service hereof, each of the documents, electronically-stored information,

materials, and things listed below that are in the possession, care, custody, or control of Defendant

in accordance with the following Instructions and Definitions:

INSTRUCTIONS

1. The documents, electronically-stored information, materials, and things requested

are those in the actual or constructive possession of Defendant or its attorneys, representatives,

officers, employees, or agents.

2. Defendant is required to produce for inspection and copying to Plaintiff originals

of the items listed below, or in lieu of originals, legible copies certified as true thereof. When

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producing electronically-stored information, it may be produced in the form in which it is

ordinarily maintained or reasonably useable.

3. Each Document Request seeks the production of each document in its entirety,

without abbreviation or redaction with all non-identical copies and drafts thereof, including any

document appended to, included therewith, incorporated by, or referred to in the document and all

file folders in which any such document is contained. Responsive documents shall be produced

as they are kept in the usual course of business or Defendant shall organize and label responsive

documents to correspond to the categories in these Document Requests.

4. These Document Requests are continuing in nature. Defendant should produce any

additional responsive documents that are obtained or discovered at any time prior to trial.

5. If Defendant claims that any document responsive to these Document Requests is

protected from production by the attorney-client privilege, the work product doctrine or any other

privilege or protection, it should additionally supply at the time of its response a schedule that

specifically identifies each such document by date, author(s), the person(s) to whom the document

was directed, the nature of the document (e.g. letter, memorandum, tape recording, etc.), subject

matter, title, number of pages, the basis for withholding the document, and other information that

is necessary to enable Plaintiff to determine the applicability of the privilege or protection.

6. If Defendant objects to the production of any documents, electronically-stored

information, materials, or things hereinafter specified, the basis and reason(s) for such objections

shall be set forth and stated with specificity.

7. Plaintiff reserves the right to serve supplemental and/or additional Document

Requests as necessary.

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 DEFINITIONS
1. All responses to these Document Requests should conform to the definitions

governing discovery requests set forth in Fed. R. Civ. P. 34 and Fed. R. Civ. P. 26, except as

expressly modified.

2. The use of any term listed in this DEFINITIONS section of PLAINTIFF’S FIRST

REQUEST FOR THE PRODUCTION OF DOCUMENTS should be understood to include any

and all variations of that term necessary to bring within the scope of each Document Request all

responses that might otherwise be construed to be outside of its scope.

3. The term “Answer” as used herein refers to the document titled “DEFENDANT’S

ANSWER AND DEFENSESTO PLAINTIFF’S COMPLAINT” filed on April 21, 2022 in the

above-captioned case.

4. The term “communicate”, “communication”, and “communications” shall each

mean the transmittal of information (in the forms of facts, ideas, inquiries or otherwise) to one or

more persons and includes the transference or conveyance of information by transmittal of a

writing or other document, by telephone conversation or other oral conversation, by meeting, or

by any other means by which information may be transferred or conveyed.

5. The term “compensation” means all monies and benefits, including, but not

limited to, hourly wages, regular wages, overtime wages, salaries, commissions, raises, and

bonuses or any other employment benefit plans, including, but not limited to, pension, severance,

stock, retirement, and medical plans.

6. The term “Complaint” as used herein refers to document titled “COMPLAINT”

filed on February 9, 2022 in the above-captioned case.

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 7. The terms “concern” and “concerning” shall mean relating to, referring to,

pertaining to, alluding to, describing, detailing, embodying, evidencing, reflecting, comprising or

constituting, whether directly or indirectly, the subject matter identified in a specific Document

Request.

8. The term “Defendant” as used herein shall mean Diversified Resources, Inc., and

shall be construed to include Defendant’s full or abbreviated name or a pronoun referring to

Defendant means said Defendant and, where applicable, any and all of Defendant’s divisions,

subdivisions, officers, directors, partners, associates, employees, staff members, agents,

representatives, attorneys, subsidiaries, parents, affiliates, successors, predecessors, or any other

person or related entity acting, understood to act, or purporting to act on its behalf or under its

direction or control. This definition is not intended to impose a discovery obligation on any person

who is not a party to the litigation.

9. The terms “document”, “documents”, and “documentation” as used herein shall

mean the original and any non-identical copy (whether different from the original because notes

were made on or attached to such copy or otherwise), of every writing and any printed, typewritten,

handwritten, photocopied, punched, filmed, microfilmed, photographed, taped, recorded,

electronic or graphic statements, communications, print-outs or other matter, or reproduction of

summary thereof of every kind, character or description, however produced or reproduced,

whether in draft or otherwise, in the actual or constructive possession, care, custody or control of

Defendant, whether sent or received by Defendant or neither, including, but not limited to,

advertisements, affidavits, agreements, audio recordings, audio/video recordings, bills, books,

briefs, brochures, bulletins, calendars and calendar entries, charts, circulars, compact discs,

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computer print-outs, records and tapes whether originals or reproductions, contracts,

correspondence, decrees, diagrams, diaries, directives, drafts of any documents, drawings,

electronic mail and information about electronic mail (including message contents, header

information, metadata, and lots of electronic mail system usage), electronic records, e-mail

communications, faxes, graphs, handwritten and typewritten notes, instructions, invoices, journals,

ledgers, letters, lists of persons attending conferences or meetings, maps, memoranda, minutes or

records of meetings, notes, pamphlets, pictures, pleadings, photographs, press releases, records,

recordings, reports and/or reports of consultants, tabulations, telegrams, telephone records, telexes

transcriptions, text message communications (including cell phone based user-to-user messaging),

timecards, time sheets and other time records, trade letters, transcripts, videos, voice recordings,

working papers, “flash” and “thumb” drives or other data storage devices, internet history, “social

media” website and internet-based communications including, but not limited to, writings, pictures

or videos posted or shared through or related to Twitter, Facebook, Myspace, LinkedIn, or similar

internet websites or portals, and/or any photograph sharing or distributing website, all databases

(including all records and fields and structural information in such databases), all word processing

or other program files and file fragments, and any other electronic data and other writings,

including al originals, copies, drafts and non-identical copies in the possession, custody, or control

of Defendant or its agents, employees or other representatives. A draft or non-identical copy is a

separate document within the meaning of this term. A document is within the “possession, custody

or control” of Defendant or its representatives, if Defendant or its representatives have the right to

secure the document or a copy thereof from another person or entity having actual physical

possession thereof.

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 10. The term “each”, “every”, and “any” shall mean each and every.

11. The term “Plaintiff” is defined as Michele Y. Davis, the Plaintiff in this litigation.

12. The term “person” means any natural person or any legal entity, including, but not

limited to, any business entity, corporation, partnership, firm, proprietorship, joint venture, limited

liability company, association, cooperative, government entity and department, agency, bureau or

political subdivision thereof, commission, board, authority and any other business entity, legal

entity, or governmental entity or association.

13. The term “refers to”, “relates to”, and “relating to” each mean evidencing,

constituting, reflecting, showing, comprising, including, containing, describing, considering,

discussing, regarding, setting forth, studying, analyzing, commenting upon, recommending,

alluding to, or mentioning, in whole or in part.

14. As used herein, the terms “and” as well as “or” shall be construed either

disjunctively or conjunctively as necessary to make a Document Request inclusive rather than

exclusive and to bring within the scope of these Document Requests any documentation or

information which might otherwise be construed to be outside their scope.

15. The use of the singular form of any word includes the plural and vice versa.

DOCUMENTS REQUESTED

1. All documents that support or in any way concern, relate to, or refer to the factual

allegations in Plaintiff’s Complaint.

2. All documents that describe, discuss, concern, or evidence the employment of

Plaintiff by Defendant including, but not limited to, Plaintiff’s personnel file, all coaching,

informal discipline, formal discipline, performance reviews, employment applications, resumes,

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interview notes, job offer letters, written descriptions of job titles, duties, and responsibilities,

employment agreements, written agreements, training materials, employee handbooks, employee

manuals, policy manuals, time records, records of compensation, wages, bonuses, and fringe

benefits, performance evaluations, performance appraisals, awards, notices, bulletins, letters,

memoranda, and other job-related communications.

3. A full and complete copy of the personnel file of Joy Pate as it is maintained in the

ordinary course of business. This Request does not include nor seek the production of social

security numbers, driver license numbers, personal identification numbers, bank account

information, insurance information, information related to the employee’s family members,

Workers’ Compensation documents or medical documents, if any, contained in the requested file.

4. To the extent not contained in her personnel file, all coachings, informal discipline,

or formal discipline issued to Joy Pate during her employment with Defendant.

5. A full and complete copy of the personnel file of Tanya Altier as it is maintained

in the ordinary course of business. This Request does not include nor seek the production of social

security numbers, driver license numbers, personal identification numbers, bank account

information, insurance information, information related to the employee’s family members,

Workers’ Compensation documents or medical documents, if any, contained in the requested file.

6. To the extent not contained in his personnel file, all coachings, informal discipline,

or formal discipline issued to Tanya Altier during his employment with Defendant.

7. All documents that concern, describe, discuss, evidence, refer to, or relate to the

compensation earned or received by Plaintiff or paid to Plaintiff for each pay period during her

employment with Defendant, including, but not limited to, compensation records, payroll records,

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pay checks, pay stubs, payroll registers, Earnings Statements, W-2 Wage & Tax Statement Forms,

1099 Forms, other tax documents, and any other document or communication relating to Plaintiff’s

compensation during her employment with Defendant.

8. All documents that describe, discuss, concern or evidence the number of hours

worked by Plaintiff in any day or week during her employment with Defendant, including but not

limited to, time sheets, schedules, time cards, daily logs, payroll records, punch-in and/or punch-

out records, alarm or security code data, emails, text messages, and call records.

9. All records, reports, communications, and other documents that concern, evidence,

reflect, refer to, or relate to Plaintiff’s absences or time off from work during her period of

employment with Defendant.

10. All non-privileged email correspondence and text messages to or from Joy Pate,

Brandi Slocumb, and Tanya Altier that mention Plaintiff or refer to Plaintiff and all email

correspondence and text messages to or from Plaintiff, Joy Pate, Brandi Slocumb and Tanya Altier.

11. All video footage or audio recordings of Plaintiff.

12. All video footage or audio recordings from any skits performed at the Tifton, GA

location during Plaintiff’s employment.

13. All records, reports, communications, and other documents that demonstrate the

caseload of all CCSP Care Coordinators reporting to Joy Pate at the time Plaintiff received her

disciplinary action in May 2021.

14. All documents, communications, recordings, and other records (including, but not

limited to, e-mails, text messages, voicemails, audio recordings, audio/visual recordings, meeting

notes, handwritten notes, and any other document record) related to or concerning Plaintiff’s

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medical history, medical conditions, serious health conditions, disabilities, accommodation

requests, time off requests, FMLA leaves, absences, tardiness, and attendance.

15. A copy of all complaints, whether formal or informal, made by Plaintiff to

Defendant either during her employment or after her employment, including Defendant’s

investigation file, supporting documentation, notes, recordings and other non-privileged items,

tangible things, electronically stored information related to Defendant’s investigation, if any.

16. A list of all employees, along with their name, address, telephone number, email

address, job title, hire date, termination date (if applicable), reason for termination (if applicable),

a summary of his/her accommodation request under the ADA, and whether such accommodation

request was granted, of all employees that have requested an accommodation under the ADA from

January 1, 2017 to the present.

17. A list of all employees, along with their name, address, telephone number, email

address, job title, hire date, termination date (if applicable), reason for termination (if applicable),

dates of FMLA leave requested, and dates of FMLA leave granted, of all employees of Defendant

that have requested FMLA leave from January 1, 2017 to the present.

18. All reports, correspondence, investigatory documents and other documents

addressed to or received from third parties regarding Plaintiff including the Equal Employment

Opportunity Commission (“EEOC”) or any other federal, state or local agency related to

Defendant’s employment of Plaintiff or to any claims made by Plaintiff against Defendant

regarding the Plaintiff’s allegations in the Complaint.

19. Any and all documents, including all email correspondence, regarding any and all

claims, whether formal or informal, including charges and lawsuits, regarding disability

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discrimination or hostile work environment, failure to provide accommodations, retaliation, and/or

violations of the FMLA made against Defendant by any current or former employees of Defendant

from January 1, 2017 to the present.

20. Any and all documents, including all email correspondence, regarding any and all

claims, whether formal or informal, including charges and lawsuits, from any employee at

Defendant regarding Joy Pate, Brandi Slocum or Tanya Altier.

21. Any and all statements, affidavits, or declarations regarding or relating to the claims

in Plaintiff’s Complaint or Defendant’s defenses.

Respectfully submitted, this 2ndday of August, 2022.

s/ Jackie Lee
Jackie Lee
Georgia Bar No. 419196
jackie@leelawga.com
LEE LAW FIRM, LLC
695 Pylant Street N.E., Suite 105
Atlanta, Georgia 30306
Telephone: (404) 301-8973

COUNSEL FOR PLAINTIFF

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 IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

MICHELE Y. DAVIS, )
) CIVIL ACTION FILE NO.:
Plaintiff, )
) 7:22-CV-00017-HL
vs. )
)
DIVERSIFIED RESOURCES, INC., )
)
Defendant. )

CERTIFICATE OF SERVICE

I hereby certify that on August 2, 2022, Plaintiff’s First Request for Production of

Documents to Defendant was served on the following attorneys electronically:

Sean Keenan, Esq.

Precious E. Okonokhua, Esq.
Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP
Meridian II, Suite 2000
275 Scientific Drive
Peachtree Corners, GA 30092
skeenan@cmlawfirm.com
pokonokhua@cmlawfirm.com

s/ Jackie R. Lee
Jackie R. Lee
Georgia Bar No. 419196

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