STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS DEPARTMENT OF ELDER AFFAIRS, OFFICE OF PUBLIC AND PROFESSIONAL GUARDIANS, DOAH Case No.: 18-0811 OPPG Case No.: 2016-003 Petitioner, vs. ELIZABETH SELDEN SAVITT, Respondent. __________________________________/ PETITIONER’S FIRST REQUEST FOR PRODUCTION TO RESPONDENT Pursuant to section 120.596, Florida Statutes, Rule 28-106.206, Florida Administrative Code, and Rule 1.350, Florida Rules of Civil Procedure, Petitioner requests Respondent, Elizabeth Selden Savitt, to produce, or permit inspection and copying of, the following documents. Production of any responsive materials shall be sent to the Petitioner’s counsel of record in this matter. DEFINITIONS For purposes of this Request, the following definitions apply: A. The term “you,” “your,” “Respondent,” refers to Elizabeth Selden Savitt. B. The term “guardian” or “guardianship services” shall also apply to cases wherein services were rendered as an Emergency Temporary Guardian, guardian advocacy cases, and cases wherein you served as a curator. C. The term "Complaint" refers to the Administrative Complaint served in this matter. D. Capitalized terms not defined here shall have the same meaning as those terms have in the Complaint. Filed February 22, 2018 4:26 PM Division of Administrative Hearings E. The term "document" means the original and any copy whether different from the original by reason of any notation made on such copies or otherwise, regardless of the origin or location, of any written, recorded, transcribed, punched, taped, filmed or graphic matter, however produced or reproduced, including but not limited to any correspondence, telegram, book, letter, memorandum, notes, diaries, statistics, minutes, contracts, studies, checks, statements, receipts, returns, summaries, pamphlets, prospectuses, interoffice and intraoffice telephone calls, meetings or other communications, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, worksheets (and all drafts, alterations, modifications or changes to any of the foregoing); graphic and aural records or representations of any kind, including without limitation, photographs, charts, graphs, microfiche, microfilm, video tape recordings, motion pictures, electronic, mechanical or electrical records or representations of any kind, including without limitation, tapes, cassettes, discs, and recordings. F. The term "all documents" means any document as above defined known to you and every such document that can be located or discovered by reasonably diligent efforts. G. The term "communication" means any oral or written utterance, notation or statement of any nature whatsoever, by and to whomsoever made, including, but not limited to, correspondence, conversations, dialogues, discussions, interviews, meetings, consultations, agreements, and other understandings between or among two or more people. H. The term "person" means any natural person, corporation, partnership, proprietorship, association, organization, or group of natural persons. I. The terms "relating to" or "relates to" means in any way directly or indirectly, concerning, referring to, disclosing, describing, confirming, supporting, evidencing, or representing. J. The term "representative" means any and all present and former agents, employees, servants, officers, directors, attorneys, or other persons acting or purporting to act on behalf of the person in question. K. The terms "and" and "or", as used herein, are both conjunctive and disjunctive. L. All singular words include the plural, and all plural words include the singular. M. All words in the present tense include the past, and all words in the past tense include the present. INSTRUCTIONS 1. Each request and part thereof, shall be answered separately, fully and completely without reference to any answer of any other request. 2. Unless otherwise indicated, the relevant time period referred to in this Request for Production is from January 1, 2012 through the date of your response to this Request. 3. With respect to information or documents as to which you may claim are protected through the application of any privilege or work product doctrine, you are requested to identify each such document, in writing, on or before the date of the production set forth herein, together with the following information: the nature, date, subject matter and author of the document, as well as the identity of all persons to whom the document was directed, addressed or received, and the paragraphs of the discovery requests to which the document corresponds. For each such responsive item you are further required to state the basis for your belief that any information or documentation is protected from disclosure through discovery. REQUEST 1. Any documents and communications used, referred to, referenced or relating to your responses to the Petitioner’s First Set of Interrogatories to Respondent. 2. Any communications relating to any issues identified in the Complaint, between you and Judge Martin Colin; including, but not limited to, any correspondence related to cases wherein you served as a guardian, guardian advocate, and/or curator. 3. Any communications relating to the issues raised in the Complaint, between you and Sherri Norton; including, but not limited to, any correspondence related to cases wherein you served as a guardian, guardian advocate, and/or curator. 4. Any non attorney-client privileged communications between you and Sheri Lynn Hazeltine, related to cases wherein you ultimately served as a guardian, guardian advocate, and/or curator, that were made prior to your appointment in any such case. 5. Any non attorney-client privileged communications between you and any Florida- licensed attorney, related to cases wherein you ultimately served as a guardian, guardian advocate, and/or curator, that were made prior to your appointment in any such case 6. Any documents provided to any court wherein you requested a retainer and/or advance payment for guardianship services. 7. Any communications between you and anyone else addressing any concerns raised related to conflicts of interest you may have, or may be perceived as having, concerning your service as a guardian or curator. 8. Any documents and/or communications in your possession addressing any concerns raised related to conflicts of interest you may have, or may be perceived as having, concerning your service as a guardian or curator. 9. Any documents and/or communications you believe disprove any allegations pled in the Administrative Complaint filed in this matter. 10. Any documents and/or communications demonstrating any efforts you made to disclose any potential conflicts of interest you may have, or may be perceived to have, in any cases wherein you served as a guardian, guardian advocate and/or curator. 11. Any photographs or video recordings wherein you are seen with any current or former judges, other than Judge Martin Colin, not including those taken while you were acting as a guardian, guardian advocate and/or curator on behalf of a client. 12. Any communications between you and any current or former judges in Florida’s 15th Circuit, other than Judge Martin Colin. 13. Any communications between you and any current or former personnel of Florida’s 15th Circuit. 14. Any billing records related to services you provided as a guardian, guardian advocate, and/or curator. 15. Any documents and/or communications related to compensation you received or requested services performed for, or on behalf of, a ward and/or person under guardian advocacy, while you were not appointed as that individual’s guardian, or guardian advocate. 16. Any documents related to financial contributions of any kind to any current or former judges in Florida’s 15th Circuit, other than Judge Martin Colin, including but not limited to campaign contributions, gifts, or any other goods or services valued at over $20.00. 17. Any communications in your possession wherein any person requested that you be removed from a case in which you were serving as guardian, guardian advocate, and/or curator. 18. Any communications in your possession wherein any person requested the disqualification of any attorney representing you in a case where you were serving as guardian, guardian advocate, and/or curator. 19. Any documents and/or communications related to any information responsive to Interrogatory Number 7, in Petitioner’s First Set of Interrogatories to Respondent. 20. Any documents and/or communications related to any information responsive Interrogatory Number 12, in Petitioner’s First Set of Interrogatories to Respondent. 21. Any curriculum vitae for, and any documents containing the opinions or analyses of any person whom you expect to utilize as an expert witness during the final hearing in this matter. Respectfully submitted, /s/ Michael McKeon Michael McKeon Senior Attorney Florida Bar No. 0044620 Office of Public and Professional Guardians 4040 Esplanade Way Tallahassee, FL 32399-7000 Telephone: (850) 414-2032 Fax: (850) 414-2384 E-mail: mckeonm@elderaffairs.org Counsel for Petitioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent by electronic mail and telefacsimile on this 22nd day of February, 2018 to the following attorney of record for Respondent: Ellen S. Morris, Esq. Elder Law Associates PA 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Fax: (561) 750-4069 E-Mail: emorris@elderlawassociates.com Secondary E-Mail: lrubin@elderlawassociates.com /s/ Michael McKeon Michael McKeon Senior Attorney Office of Public and Professional Guardians