From judy-doc@coollist.com Thu Jul 22 02:21:10 1999
Date: Wed, 21 Jul 1999 23:33:07 -0400
From: judy-doc List Owner 
To: judy-doc@coollist.com
Subject: UNUM's responses to my document production requests

UNITED STATES FEDERAL COURT
				DISTRICT OF MASSACHUSETTS

JUDY E. MORRIS, MD			)
					)
			Plaintiff	) Civil Action No. CA 98-30204 FHF
					) FIRST REQUEST TO DEFENDANT UNUM 
v.					) FOR PRODUCTION OF DOCUMENTS	
					) (FIRST SET)
UNUM CORPORATION OF AMERICA,            )
	et al.				)
			Defendants

Pursuant to Fed.Rul.Civ. P. 26 and 34, please produce copies of the following documents and materials delivered to plaintiff Dr. Judy Morris at 261 Bumstead Road, Monson, MA 01057 within the guidelines set out by the Rules or arrange a time and place where plaintiff can have a reasonable chance to examine said documents and copy relevant parts

INSTRUCTIONS: Whenever a person is named, that name is to include full name, including middle initial, any aliases, current home and business addresses and telephone numbers, any licenses or degrees they may hold, their title and job description, and any bonus or incentive plan in which they are a participant or a recipient of anything of pecuniary value in the last 4 years. Also if applicable all professional licenses (past and present) and date and state of issue.

If you assert any objections such as work-product or attorney-client privilege, please be sure to follow the FRCP guidelines that stipulate that you must identify and describe each document and why it is privileged by making the "claim expressly and shall describe the nature of the documents, communications, or things not produced in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection." FRCP 26(b)(5). Mere unsubstantiated objections will be considered harassment and intentional delay.

Words which appear to you as vague and ambiguous should be assumed to have plain English meaning. If you are still not sure, look up the words or terms in a dictionary such as Webster's Collegiate.

If you find a request burdensome because of the amount of material required, then you may produce the material incrementally, as long as you advise me of such and start producing the information within the allotted time frame of 30 days.

Please consider this an ongoing request in keeping with FRCP 26 and supplement the information should there be changes or updates or other information becomes available.

If I receive generalized unsubstantiated or boilerplate objections that do not comply with Rule 26, I will immediately seek monetary and disciplinary sanctions from the court up to an including a default judgment against UNUM.

Please also state the names, titles, addresses, phone of anyone who had any input into the answering of these requests as required by the Rules.

SAME GENERAL OBJECTIONS AS TO INTERROGATORIES

Please produce copies of:

1. COMPLETE RECORDS (whether in claims files or elsewhere), writings, communications, daily log notes, interoffice correspondence, computer notes, memorandum, documents of any sort that relate, refer, pertain or memorialize by written, oral or electronic means any communication between plaintiff and UNUM or between employees, subcontractors, agents, plaintiff's employer and anyone from UNUM or related to UNUM or between employees or agents of UNUM referring to or pertaining to plaintiff's claims from 1991 until present, including medical and other information obtained after April 1997 and complete information about reserves, reserve diaries, and reserve amounts in this case. This also includes requisition forms and billing statements, receipts and payments made for such services for investigations, background checks, surveillance, and credit checks, Complex Claims Units, Special Investigations units or requisitions forms and bills, receipts or payments made for anything. In other words produce any and all material of any kind generated with regards to plaintiff's underwriting, claims files, investigation, reserves and anything else related to plaintiff's claims or litigation in any file any location.

OBJECTION: IRRELEVANT, PROPRIETARY AND CONFIDENTIAL TO UNUM

2. Any MANUALS, Policies and Procedures manuals, drafts of policies or programs, memoranda, or other guidelines or any written, computer, tape recorded or videotaped guidelines or rules relied upon or written by UNUM pertaining to the adjusting, handling and processing of Group Disability Claims, Chronic Fatigue Syndrome Claims, own occupation policies or any other manuals, guidelines, policies, written or otherwise that might have been used in the adjusting of plaintiff's own-occupation group disability claim for disability from Chronic Fatigue Syndrome, including those from the Complex Claims units and special investigations units. Plaintiff is aware of certain documents written by Carolyn L. Jackson, MD, Rick Lawrence and others. This information is all highly pertinent to plaintiff's allegations as evidenced by the information in the files she received from UNUM that indicate her claims were handled by these units and in accordance with certain guidelines. Plaintiff has a right to see what the guidel ines are, if the guidelines are appropriate to the medical circumstances, and if they were followed.

OBJECTIONS: PROPRIETARY BUSINESS INFORMATION WHICH UNUM WILL NOT DISCLOSE WITHOUT A PROTECTIVE ORDER

3. Provide certified copies of all depositions, affidavits, and court testimony from 1994 to present, whether written, audio, video or otherwise, of CEO James Orr, Elaine Rosen, Frankie Puthoff, John Glucksman, Dominic Lagravinese, Steve Harris, Bonnie Gilfillan, Mary Dormer, Dr. Jane Pringle, Dr. Peter Mirkin, Kelly Wentworth, Beth Scholten, Carolyn Jewett, Carolyn L. Jackson, MD, Mark E. Battista taken within the last 8 years in conjunction with any litigation involving any UNUM policyholders or policyholders of other insurance companies for whom UNUM was managing the claims for disability benefits. Include copies of all exhibits referenced in these depositions or court testimony.

OBJECTION: IRRELEVANT, UNDULY BURDENSOME

4. Provide copies of all sanctions, fines, penalties, limitations imposed, consent decrees, investigations, fines or letters of reprimand imposed upon UNUM by any State Insurance Commissioner, Insurance Regulator, or state or federal governmental office or official in the last 8 years including criminal or governmental investigations and pending investigations that UNUM may have knowledge of. If there are none, please state so clearly.

OBJECTION: IRRELEVANT

5. From 1994 to present, please produce memorandum, documents, policies, etc. regarding or relating to employee incentive programs and stock award programs that are based on financial criteria such as company profitability, number or amount of closed claims, or other financial criteria, including information about UNUM's "Goals 98," "Gold 98" or any similarly named incentive programs including the recipients of awards, bonuses, etc. for the years 1996, 1997 and amount of reward, bonus, or other incentive awarded.

OBJECTION: IRRELEVANT, CONFIDENTIAL PERSONNEL INFORMATION

6. Provide copies of all press releases or public statements to any and all brokerages, banks, business news sources, or investors that in any way relate to the financial status of UNUM, within the last 8 years.

OBJECTION: IRRELEVANT, OVERLY BROAD AND BURDENSOME

7. Any or all policies of re-insurance under which plaintiff's disability policies would be covered.

NONE

8. a. names and qualifications of all medical personnel including Dr. Pringle, Dr. Mirkin, their supervisors or department heads and head of the Medical Division - personnel files, resumes/Curriculum vitae including all licenses and their status, disciplinary actions, license withdrawal or revocation, training and other legal cases they are involved in.

OBJECTION: IRRELEVANT, CONFIDENTIAL PERSONNEL INFORMATION THEY PROVIDED ME WITH CURRICULUM VITAE FOR SOME OF THEIR MEDICAL PERSONNEL

b. all credentials these people have as to their ability to determine disability based upon a diagnosis of CFS, FM, CFIDS, MCS, Fibromyalgia and/or MS, as well as qualifications to diagnose and determine disability based on mental conditions.

REFERS ME TO CV'S PRODUCED ABOVE

9. Names, address, phone number of all UNUM claimants who have had claims with UNUM for "Subjective disabilities" (Chronic Fatigue Syndrome, Fibromyalgia, Pain syndromes, traumatic brain injuries, fibromyalgia,etc.) within the last 8 years, including the following claimants, and a short synopsis of their claims and the outcomes of the claims (i.e. benefits being paid, litigation in progress, amount in dispute, settlement and amount, settlement with confidentiality agreement, adjudicated in court and the outcome, benefits terminated, suspended or otherwise stopped, or any other outcome).

[LIST OF NAMES DELETED]

OBJECTION: IRRELEVANT, OVERLY BROAD AND BURDENSOME, SEEKS INFORMATION CONFIDENTIAL TO OTHER UNUM CLAIMANTS AND THEN CLAIMS THAT SUBJECT TO THESE OBJECTS THEY HAVE NO DOCUMENTS RESPONSIVE TO THIS REQUEST "AS FRAMED"

10. Names of other claimants with claims for "subjective disabilities" (Chronic Fatigue Syndrome, Fibromyalgia, Pain syndromes, traumatic brain injuries, fibromyalgia) whose claims were handled or evaluated in any way by Dr. Pringle, Dr. Mirkin or Frankie Puthoff within the last 5 years and answers to the following questions for each:

a.  Was this claim paid in full within 90 days of submission of
    Attending Physician statement?
b.  Is this claim still being paid?
c.  Was claim denied?  State reason?
d.  Is the denial being contested?
e.  Has a lawsuit been filed against UNUM for benefits?
f.  What was the final outcome?  (Claim paid, claim denied, settled,
    settled with confidentiality agreement, pending, other)

OBJECTION: IRRELEVANT, OVERLY BROAD AND BURDENSOME, CONFIDENTIALITY

11. Provide the claim number and name of all UNUM policyholders who made a claim for disability benefits, had their benefits terminated, contested, delayed or denied, and have committed suicide during the last 8 years. If none, state so.

OBJECTION: IRRELEVANT, OVERLY BROAD AND BURDENSOME, CONFIDENTIALITY

12. Please produce the contract for insurance between UNUM and Harrington Memorial Hospital, including premiumdata, for the year 1996 that covered the plaintiff.

OBJECTION: TERM "PREMIUM DATA" IS VAGUE AND AMBIGUOUS. THEY DID PRODUCE A CONTRACT BUT I HAVEN'T HAD A CHANCE TO READ IT YET.

13. Please produce the contract for insurance, including financial data, sold to Harrington Memorial Hospital by Jack Taylor and the contract his agency and Mr. Taylor had with UNUM concerning the policy that covered the plaintiff.

OBJECTION: IRRELEVANT

14. Please produce the information discussed in the attached letter from Ronald T. Drury, RJD Unlimited, Inc. Investigations related to discounts, billing, or any other matters that might cause an attorney to "question this practice" and which would "provide them with a myriad of questions which they will use to attack the objectivity and credibility of the investigation."

RESPONSE: UNUM DOES NOT HAVE ANY DOCUMENTS RESPONSIVE TO THIS REQUEST.

15. Please produce legible copies of Schedules F and J of the Annual Statements provided to State Insurance Commissions for each and every year from 1990-1998. A sample of such documents is included.

OBJECTION: IRRELEVANT

16. Please produce the "UNUM litigation database" referred to in the testimony of Ms. Cynthia Andreason during the recent teleconference between Applicants, UNUM and Intervenors regarding the impending merger between UNUM and Provident Insurance Companies, see attached.

OBJECTION: IRRELEVANT, WORK PRODUCT DOCTRINE, ATTORNEY-CLIENT PRIVILEGE

Thank you for your cooperation.

Judy Morris, MD				Dated: June 9, 1999
PRO SE
261 Bumstead Rd.
Monson, MA  01057


Certificate of Service:
I hereby certify that on June 9, 1999, I mailed AND FAXED a true and
complete copy of the foregoing document postage prepaid to:

Katherine Robertson, Esq.  Phone:(413) 272-6215, Fax (413) 785-5060
Buckley, Richardson and Gelinas, LLP	 
1500 Main Street, Suite 2700		 
PO Box 15507				 
Springfield, MA  01115-5507	


Judy Morris, MD				Dated June 9, 1999
PRO SE
261 Bumstead Rd.
Monson, MA  01057

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Created: July 22, 1999


Last Updated: May 28, 2000