Motion-Secondary: Schlitz Randy Vs Lynx Waste And Recyc Ling

On September 13, 2022 a Motion-Secondary was filed involving a dispute between Randy R Schlitz, and . 1-10 John Doe John Doe Co, Lynx Waste And Recycling, Sovereign Distributors, Inc., for Personal Injury in the District Court of Camden County.

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a 301 South State Street, Suite N200
Newtown, PA 18940
T 267.214.7510 F 404.214.1251

fieldshowell.com
Christopher C. Reese
D 267.409.7803
March 1, 2023 creese@fieldshowell.com

Via E-Courts
Hon. Judith S. Charny, J.S.C.
Camden County Superior Court
Camden County Hall of Justice
101 South 5th Street
Camden, New Jersey 08103

Re: Randy R. Schlitz v. Lynx Waste and Recycling Solutions, Inc. et al.
Docket No. CAM-L-2392-22
Motion to Compel Plaintiff Randy R. Schlitz’s Responses to Discovery Requests
Propounded by Defendant Lynx
Return Date: March 3, 2023

Dear Judge Charny:

This firm represents Defendant Lynx Waste and Recycling Solutions, Inc., (“Lynx”) in connection
with the above-referenced matter. Presently before Your Honor is Defendant’s Motion to compel
Plaintiff’s Responses to Discovery Requests Propounded on behalf of Lynx. Kindly accept this letter brief
in lieu of a more formal brief in further support of Defendant’s motions, and in response to plaintiff Randy
R. Schlitz’s (“Plaintiff Schlitz”) letter responses filed with the Court on February 28, 2023.

I. FACTUAL BACKGROUND

On October 27, 2022, Lynx filed and served its answer to Plaintiff Schlitz’s complaint, demanding
therein that Plaintiff Schlitz produce documents within thirty-five (35) days pursuant to R. 4-18:1. See
Docket (Transaction ID No. LCV20223774683). Lynx further demanded therein that Plaintiff Schlitz
provide answers to uniform interrogatories set forth in Form A of Appendix II of the Rules Governing the
Courts of the State of New Jersey within thirty (30) days. See id. (hereinafter “Form Interrogatories”).
Thereafter, on November 23, 2022, Lynx served on Plaintiff Schlitz supplemental interrogatories and
document requests. See Exhibit A (Lynx’s Supplemental Document Requests); Exhibit B (Lynx’s
Supplemental Interrogatories).

On January 11, 2023, Lynx filed a motion to compel production of documents (the “January 11th
Motion”) after Plaintiff Schlitz failed to produce any documents to Lynx’s initial document requests. See
Docket (Transaction ID No. LCV2023235276). Then, on February 3, 2023, Lynx filed a separate motion
to compel answers to Lynx’s supplemental interrogatories (the “February 3rd Motion”) after Plaintiff
Schlitz failed to provide a response. See Docket (Transaction ID No. LCV2023446050).

On two (2) occasions, Lynx consented to Plaintiff Schlitz’s request to adjourn the hearing on the
motions to compel. See Docket (Transaction ID No. LCV2023431299) (rescheduling hearing from
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FIELDS HOWELL LLP
The Honorable Judith S. Charny, J.S.C.
March 1, 2023
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February 3, 2023, to February 17, 2023); Docket (Transaction ID No. LCV2023589037) (rescheduling
hearing from February 17, 2023, to March 3, 2023).

On February 20, 2023, Plaintiff Schlitz produced initial Form A interrogatory responses and
discovery documentation to Lynx. Despite Plaintiff Schlitz having additional time to produce sufficient
discovery responses to Lynx’s requests, both sets of discovery responses produced by Plaintiff Schlitz
were deficient. On February 22, 2023, Lynx wrote to Plaintiff Schultz informing him that his recent
document production was deficient and demanded that such deficiencies be cured. [Factual Cite Needed].
Similarly, Lynx wrote to Plaintiff Schlitz the following day, February 23, 2023, and informed him that his
answers to the Form A Interrogatories were also deficient, and Lynx demanded that Plaintiff Schlitz cure
those deficiencies as well.

On February 28, 2023, Plaintiff Schlitz produced additional discovery documentation and Form A
interrogatory responses to Lynx. Exhibit C. Plaintiff Schlitz’s additional responses and document
production addressed some, but not all, of the deficiencies Lynx identified via email on February 22 and
February 23, 2023.

For the reasons set forth below, this Court should enter an order compelling Plaintiff Schlitz to
produce all documentation responsive to Lynx’s document requests, and more specific answers to Lynx’s
Form A interrogatories.

II. ARGUMENT

Plaintiff Schlitz has failed to provide adequate responses to Lynx’s document requests and Form
A interrogatories.

A. Plaintiff Schlitz’s Deficient Document Production

Request No. 2 seeks the production of:

2. All text messages, emails, and/or voicemails which were sent by, and/or received by,
Plaintiff at any time between September 22, 2020 and September 25, 2020. For the avoidance
of any confusion this request requires the production of all emails, text messages and
voicemails that were sent, or received, by Plaintiff on September 22, 2020, September 23,
2020, September 24, 2020, and/or September 25, 2020. (Exhibit A, ¶ 2).

On February 20, 2023, and February 28, 2023, Plaintiff Schlitz responded to Request No. 2 with
an objection, stating that “[t]his request is overly broad, unduly burdensome, and an invasion of privacy.”
See Exhibit C, ¶ 2 (Plaintiff Schlitz’s Response to Lynx’s 2nd RPDs). Plaintiff Schlitz’s objection is
meritless because to Request No. 2 is limited to communications from the date of the injury to three (3)
days after. Nevertheless, Plaintiff Schlitz states that he “recalls having a telephone conversation with his
father on the date of the accident and texting him a photograph of his foot.” Exhibit E, ¶ 2 (Plaintiff
Schlitz’s Additional Answers and Responses to Discovery Requests). Plaintiff Schlitz also states that he
”no lon[g]er has the cell phone he had in September 2020.” Id. To date, Plaintiff Schlitz has yet to provide
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FIELDS HOWELL LLP
The Honorable Judith S. Charny, J.S.C.
March 1, 2023
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the “photograph of his foot” that he texted to his father on the day of the accident, which Plaintiff Schlitz
can easily obtain from his father despite no longer having the same cellphone.

Request No. 4 seeks the production of:

4. Copies of any and all photographs, diagrams, drawings, charts, models, movie films or
videotapes which relate, refer and/or pertain to (a) the Property; (b) the fall alleged by
Plaintiff in Plaintiff’s Complaint; (c) the wood and/or dumpster identified in Paragraph 6 of
Plaintiff’s Complaint; and/or (d) any instrumentality involved in the alleged fall described
in Plaintiff’s Complaint. (Exhibit A, ¶ 4).

On February 20, 2023, Plaintiff Schlitz responded to Request No. 4, stating that “[all] responsive
documents currently in Plaintiff’s counsel’s possession are attached hereto, which includes a photo of a
sample dumpster.” See Exhibit C, ¶ 4. To date, Plaintiff Schlitz has yet to provide Lynx any photos,
diagrams, drawings, charts, models, and movie films sought by Request No. 4.

Request Nos. 9 and 10 seek the production of:

9. Copies of any and all bills, reports, notes and records prepared by any physician, hospital,
and/or healthcare provider who has examined, evaluated and/or treated Plaintiff for any of
the (a) injuries he claims he sustained from the fall he alleges in Plaintiff’s Complaint and/or
(b) damages he alleges in Plaintiffs’ Complaint. (Exhibit A, ¶ 9).

On February 20, 2023, Plaintiff Schlitz responded to Request No. 9, stating that “[a]ll responsive
documents currently in Plaintiff’s counsel’s possession are attached hereto.” To date, Lynx has not
received any bills, reports, notes, or records prepared by any physician, as sought by Request No. 9.

10. Copies of any and all bills, reports, notes and records prepared by any physician, hospital
and/or healthcare provider who, at any time on or after January 1, 2017, has examined,
evaluated and/or treated Plaintiff for any injury, condition, disease, disability, deformity
and/or impairment. (Exhibit A, ¶ 10).

On February 20, 2023, Plaintiff Schlitz responded to Request No. 10 with an objection, stating that
“[t]his request is overly broad and seeks irrelevant information. Without waiving this objection, all
responsive documents currently in Plaintiff’s counsel’s possession are attached hereto.” To date,

Lynx has not received any bills, reports, notes, or records prepared by any physician, as sought by
Request No 10.

Request No. 16 seeks the production of:

16. Any and all documents related to any claim or litigation for workers’ compensation
benefits for Plaintiff. (Exhibit A, ¶ 16).
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FIELDS HOWELL LLP
The Honorable Judith S. Charny, J.S.C.
March 1, 2023
Page 4

Plaintiff Schlitz responded to Request No. 16, stating that “[a]ll responsive documents currently
in Plaintiff’s counsel’s possession are attached hereto.” Exhibit C, ¶ 16. To date, Lynx has also not
received any documents pertaining to Plaintiff Schlitz’s claim for worker’s compensation.

Request No. 19 seeks the production of:

19. Copies of all documents any lawyer has sent to any person and/or entity on behalf of
Plaintiff. (Exhibit A, ¶ 19).

Plaintiff Schlitz responded to Request No. 19 with an objection, stating that “[t]his request is overly
broad and calls for attorney work product information.” Exhibit C, ¶ 19. The information sought by this
request is not privileged as it only seeks documents counsel sent to a third-party on behalf of Plaintiff and
thus should be produced.

Request No. 22 seeks the production of:

22. Copies of all claims Plaintiff has submitted to any insurance company and/or insurance
broker. (Exhibit A, ¶ 22).

Plaintiff Schlitz responded to Request No. 22 with an objection, stating that “[t]his request is
overbroad.” Exhibit C, ¶ 22. This request is not overly broad as it simply seeks all claims Plaintiff has
submitted to an insurance company or insurance broker.

Request Nos. 24 and 25 seek the production of:

24. Reports, non-privileged communications, and/or documents prepared by any and all
experts who are expected to testify at trial or whose reports are expected to be submitted at
trial. (Exhibit A, ¶ 24).

Plaintiff Schlitz responded to Request No. 24 with an objection, stating that “[t]his request calls
for attorney work product information,” before referring Lynx to an interrogatory answer. Exhibit C, ¶
24. Plaintiff Schlitz’s response fails to provide the information sought by Request No. 24—specifically,
non-privileged communications or documents prepared by any and all experts Plaintiff Schlitz expects to
rely on at trial.

25. Resumes and qualifications of any and all experts who are expected to testify at trial or
whose reports are expected to be submitted at trial. (Exhibit A, ¶ 25).

Plaintiff Schlitz responded to Request No. 25 by, again, referring Lynx to an interrogatory answer.
Plaintiff Schlitz’s response fails here to provide the information sought by Request 25—specifically, the
resumes and qualifications for any and all experts Plaintiff Schlitz expects to testify at trial.

To date, Plaintiff Schlitz has provided no documentation pertaining to expert witnesses, as sought
by Request Nos. 24 and 25.
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The Honorable Judith S. Charny, J.S.C.
March 1, 2023
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Request No. 26 seeks the production of:

26. Copy of Plaintiff’s license to operate an automobile. (Exhibit A, ¶ 26).

On February 20, 2023, Plaintiff Schlitz objected to Request No. 26 , stating that “Plaintiff’s
drivers’ license is not applicable to this matter.” Exhibit C, ¶ 26. On February 28, 2023, Plaintiff Schlitz
responded stating that “[a] copy of Plaintiff’s driver’s license is attached hereto.” Exhibit E, ¶ 26 (pg. 2).
The document provided to Lynx, however, does not contain this attachment. As such, Lynx has yet to
receive a copy of Plaintiff’s drivers’ license.

Request No. 27 seeks the production of:

27. Completed copies of the attached HIPPA Authorization form attached to these requests
for any and all physicians, hospitals and/or healthcare providers who treated Plaintiff at any
time on or after January 1, 2017. (Exhibit A, ¶ 27).

Plaintiff Schlitz provided completed HIPPA authorization forms, but it appears these forms are
only for providers connected to his alleged injury on September 21, 2020, and not for any prior medical
treatment.

B. Plaintiff Schlitz’s Deficient Interrogatory Responses

Form Interrogatory No. 13 states:

13. Itemize in complete detail any and all moneys expended or expenses incurred for
hospitals, doctors, nurses, diagnostic tests or health care providers, x-rays, medicines, care
and appliances and state the name and address of each payee and the amount paid and owed
each payee. (Form Interrogatories, ¶ 13).

On February 20, 2023, Plaintiff Schlitz responded to Interrogatory No. 13 by stating that “[t]his
amount has not yet been computed, and Plaintiff is in the process of compiling this information. Once
this information has been compiled, we will provide amounts of liens/outstanding medical bills. In the
interim, please see the medical bills and payment information. It is expected that Workers’ Compensation
will assert a lien in this matter. In addition, it is anticipated that Mr. Schlitz will need continuing medical
care in the future, which future care will cost additional money[.]” Exhibit D, ¶ 13 (Plaintiff Schlitz’s
Supp. Doc. Requests). On February 28, 2023, Plaintiff Schlitz repeated the above response but further
directed Lynx to “the Workers’ Compensation Ledger, which has been provided.” Exhibit E, ¶ 13 (pg.
2).

To date, Lynx has yet to receive any breakdown of the alleged medical expenses incurred to date.
Indeed, Plaintiff can and should be able to provide information pertaining to his expenses to date.
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The Honorable Judith S. Charny, J.S.C.
March 1, 2023
Page 6

Form Interrogatory No. 15 states:

15. Identify all documents that may relate to this action, and attach copies of each such
document. (Form Interrogatories, ¶ 15).

On February 20, 2023, Plaintiff Schlitz initially responded to Interrogatory No. 15 with an
improper objection to a Form Interrogatory, stating that “[t]his question seeks protected attorney work
product and is overbroad, vague and burdensome.” Plaintiff Schlitz further states that “[w]ithout waiving
said objection, see medical records. See also any and all documents exchanged between the parties
throughout the course of discovery. Also, Plaintiff may reply upon anatomical drawings and models
depicting the injured portions of the Plaintiff’s body and may utilize same in the examination or cross
examination of expert witnesses.” Exhibit D, ¶ 15. On February 28, 2023, Plaintiff Schlitz withdrew his
objection to this interrogatory and directed Lynx to “the photographs of Plaintiff’s injuries which have
been provided, as well as a photograph of a sample dumpster, which has been provided.” Exhibit E, ¶ 15
(pg. 2).

To date, Lynx has yet to receive the any non-X-ray photographs of Plaintiff Schlitz’s injuries.
Lynx has also yet to receive the photograph of the “sample” dumpster.

Form Interrogatory No. 18 states:

18. If any photographs, videotapes, audio tapes or other forms of electronic recording,
sketches, reproductions, charts or maps were made with respect to anything that is relevant
to the subject matter of the complaint, describe: (a) the number of each; (b) what each shows
or contains; (c) the date taken or made; (d)
the names and addresses of the persons who made them; (e) in whose possession they are at
present; and (f) if in your possession, attach a copy, or if not subject to convenient copying,
state the location where inspection and copying may take place. (Form Interrogatories, ¶ 18).

On February 20, 2023, Plaintiff Schlitz responded to Interrogatory No. 18 stating that
“[p]hotographs depicting my injuries are attached hereto.” Exhibit D, ¶ 18. On February 28, 2023,
Plaintiff Schlitz responded further, directing Lynx to the photographs “depicting Plaintiff’s injuries and
an exemplar dumpster [that have already] been provided.” To date, however, Lynx has not yet received
any non-X-ray photographs of Plaintiff Schlitz’s injuries, or photographs depicting the area where the
alleged accident and injuries occurred.

Form Interrogatory No. 23 states:

23. State the names and addresses of any and all proposed expert witnesses. Set forth in detail
the qualifications of each expert named and attach a copy of each expert’s current resume.
Also attach true copies of all written reports provided to you by any such proposed expert
witnesses. With respect to all expert witnesses, including treating physicians, who are
expected to testify at trial and with respect to any person who has conducted an examination
pursuant to Rule 4:19, who may testify, state each such witness’s name, address and area of
expertise and attach a true copy of all written reports provided to you. State the subject
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The Honorable Judith S. Charny, J.S.C.
March 1, 2023
Page 7

matter on which your experts are expected to testify. State the substance of the facts and
opinions to which your experts are expected to testify and a summary of the grounds for each
opinion. (Form Interrogatories, ¶ 23).

On February 20, 2023, Plaintiff Schlitz responded to Interrogatory No. 23 by identifying “[a]ll
doctors named in these interrogatories or in any set of interrogatories in this case. Doctors will testify as
to my injuries, the causal relation to the accident, the treatment I received, any diagnosis and/or prognosis,
permanency, any future treatment and the necessity, reasonableness and causal relationship of the medical
bills.” Exhibit D, ¶ 23. On February 28, 2023, Plaintiff Schlitz further responded by providing the names
and addresses of doctors and medical professionals from six (6) different care providers. Plaintiff Schlitz’s
answer here is deficient because Form Interrogatory No. 23 asks for information beyond the names and
addresses, including the qualifications, resumes, and reports of any expert witnesses. Form Interrogatory
No. 23 also requires identification of which expert witnesses are expected to testify at trial, and the
disclosure of that witness’s address, area of expertise, and subject matter upon which the expert is expected
to testify. Plaintiff Schlitz has yet to provide that information.

Further, Form Interrogatory No. 23 also requires disclosure of the “substance of the facts and
opinions for which your experts are expected to testify and a summary of the grounds for each opinion.”
Plaintiff Schlitz has also yet to provide that information.

III. CONCLUSION

For the reasons set forth above, Lynx respectfully requests that this Court enter an order requiring
Plaintiff Schlitz to provide additional documents and more specific interrogatory responses as set forth in
the proposed order attached hereto as Exhibit F.

Respectfully submitted,

FIELDS HOWELL LLP

Christopher C. Reese

c: All Counsel (via ECF)
Enclosures
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EXHIBIT A
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Fields Howell LLP
By: Robert L. Lakind, Esq. (NJID 036242009)
301 South State Street, Suite N200
Newtown, Pennsylvania 18940
Telephone: (267) 214-7510 Fax: (404) 214-1251
Email: rlakind@fieldshowell.com
Attorneys for Defendant, Lynx Waste and Recycling Solutions, Inc.
: SUPERIOR COURT OF NEW JERSEY
RANDY R. SCHLITZ : LAW DIVISION – CAMDEN COUNTY
:
Plaintiff, : DOCKET NO.: CAM-L-002392-22
:
v. :
: Civil Action
LYNX WASTE AND RECYCLING :
SOLUTIONS, INC.; SOVEREIGN :
DISTRIBUTORS, INC. D/B/A/ :
AVALON FLOORING; and JOHN DOE : DEFENDANT LYNX WASTE AND
and/or JOHN DOE COMPANY 1-10 : RECYCLING SOLUTIONS, INC. SECOND
(John Doe and/or John Doe Company 1- : SET OF DOCUMENT REQUESTS TO
10 being fictitious names), i/j/s/a, : PLAINTIFF
:
Defendants. :
:
:
:
:

TO: Jarve Granato Starr, LLC
Anthony Granato, Esq.
10 Lake Center Executive Park
401 Route 73 North, Suite 204
Marlton, NJ 08053
Counsel:
Pursuant to Rule 4:18-1 et seq., Defendant Lynx Waste and Recycling Solutions, Inc.

hereby demands that Plaintiff Randy Schlitz, produce the documents called for by Schedule A

and the annexed Definitions and Instructions hereto within 35 days after service of this request

as prescribed by the Rules of Court

FIELDS HOWELL LLP
Attorneys for Defendant Lynx Waste and
Recycling Solutions, Inc.

By: /s/Robert Lakind
Robert Lakind, Esquire
Dated: November 23, 2022

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DEFINITIONS

A. "Communications" shall mean all inquiries, discussions, conversations,

negotiations, agreements, understandings, meetings, telephone conversations, letters,

correspondence, notes, telegrams, telexes, advertisements, facsimiles, e-mail, or other forms of

verbal and/or communicative intercourse.

B. "Documents" shall mean all written or graphic matter of every kind or description,

however produced or reproduced, whether draft or final, original or reproduction, signed or

unsigned, and regardless of whether approved, signed, sent, received, redrafted, or executed,

including but not limited to: written communications, letters, correspondence, facsimiles, e-mail,

memoranda, minutes, notes, films, recordings of any type, transcripts, contracts, agreements,

purchase or sales orders, memoranda of telephone conversations or personal conversations, diaries,

desk calendars, interoffice communications, reports, studies, bills, receipts, checks, checkbooks,

invoices, requisitions or material similar to any of the foregoing however denominated, by

whomever prepared, and to whomever addressed, which are in your possession, custody or control.

C. For purposes of this discovery request "Identify" is defined as the following:

(1) when used with respect to an individual, means to state:

(a) their name;

(b) business affiliation and official title and/or position; and

(2) when used with respect to a document, means to state

(a) the type of document (e.g. letter, memorandum, hand-written note,

facsimile, e-mail);

(b) its date of origin or creation;

(d) its last known custodian or locations; and

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(e) a brief description of its subject matter and size. In lieu of identifying

any document(s), you may attach a copy of it to your answer, indicating

the question to which it is responsive.

(3) when used with respect to a company or other business entity, means to

state:

(a) the company's legal name, any former names, and the name under

which it trades or does business;

(b) the address of its principal place of business; and

D. “Lawsuit” means the case of Randy R. Schlitz v. Lynx Waste and Recycling

Solutions, et al. Dkt. No. 2392-22, which is pending in the Superior Court of New Jersey, Law

Division, Camden County.

E. "Persons" means an individual, corporation, partnership, trust, associations,

company, organization, or any form of a business or commercial entity.

F. “Plaintiff” means Randy R. Schlitz

G. “Plaintiff’s Complaint” means the complaint (and any subsequent amended

complaints) filed by Plaintiff in the Lawsuit.

F. “Property” means 89 Newman Springs Road, Shrewsbury, NJ.

G. "Relate to" means consist of, refer to, reflect or be in any way logically connected

with the matter discussed.

H. "You" or "your" refers to Plaintiff and to all other persons acting or purporting to

act on behalf of Plaintiffs, including agents and employees.

I. Unless stated otherwise in the request. the period of time encompassed by these

requests shall be from January 1, 2017 up until the date of trial. Note, this request is continuing

up to and at the time of trial.

DOCUMENT REQUESTS
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Schedule A

1. All statements and communications of any and all witnesses including any and all

statements of Plaintiff and any Defendant, including taped recordings that relate to and/or refer to:

(a) the Lawsuit; (b) the fall that is alleged by Plaintiff in Plaintiff’s Complaint; (c) the negligence

alleged by Plaintiff in Plaintiff’s Complaint alleged; and/or (d) the wood and/or dumpster

identified in Paragraph 6 of Plaintiff’s Complaint.

2. All text messages, emails, and/or voicemails which were sent by, and/or received

by, Plaintiff at any time between September 22, 2020 and September 25, 2020. For the avoidance

of any confusion this requests requires the production of all emails, text messages and voicemails

that were sent, or received, by Plaintiff on September 22, 2020, September 23, 2020, September

24, 2020, and/or September 25, 2020.

3. All documents (including, but not limited to, text messages and/or emails) sent to

and/or received by Plaintiff that relate to and/or refer to: (a) any complaints about the wood and/or

dumpster identified in Paragraph 6 of Plaintiff’s Complaint; (b) the Lawsuit; (c) the fall that is

alleged by Plaintiff in Plaintiff’s Complaint; (d) the negligence alleged by Plaintiff in Plaintiff’s

Complaint; (e) the time Plaintiff claims he lost due to the fall alleged in Plaintiff’s Complaint; (f)

the injures Plaintiff alleges he suffered due to the fall alleged in Plaintiff’s Complaint; and/or (g)

the damages Plaintiff alleges he suffered due to the fall alleged in Plaintiff’s Complaint.

4. Copies of any and all photographs, diagrams, drawings, charts, models, movie films

or videotapes which relate, refer and/or pertain to (a) the Property; (b) the fall alleged by Plaintiff

in Plaintiff’s Complaint; (c) the wood and/or dumpster identified in Paragraph 6 of Plaintiff’s

Complaint; and/or (d) any instrumentality involved in the alleged fall described in Plaintiff’s

Complaint.

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5. Any and all documents and/or communications which Plaintiffs believes

substantiate any claim of Plaintiff in the Lawsuit.

6. Any and all documents and/or communications that suggest, state, and/or imply

that any injuries claimed by Plaintiff in Plaintiff’s Complaint did not occur and/or are not as severe

as alleged by Plaintiff in Plaintiff’s Complaint.

7. Any and all documents and/or communications that suggest, state, and/or imply

that any injuries claimed by Plaintiff in Plaintiff’s Complaint did not occur.

8. Any and all documents of any nature whatsoever referred to in Plaintiff’s Answers

to any of Defendant’s Interrogatories.

9. Copies of any and all bills, reports, notes and records prepared by any physician,

hospital, and/or healthcare provider who has examined, evaluated and/or treated Plaintiff for any

of the (a) injuries he claims he sustained from the fall he alleges in Plaintiff’s Complaint and/or

(b) damages he alleges in Plaintiffs’ Complaint.

10. Copies of any and all bills, reports, notes and records prepared by any physician,

hospital and/or healthcare provider who, at any time on or after January 1, 2017, has examined,

evaluated and/or treated Plaintiff for any injury, condition, disease, disability, deformity and/or

impairment.

11. Copies of any and all lien documentation including but not limited to those asserted

by any health/medical insurance carrier, Department of Human Services, Medicaid Programs,

Medicare, Workers’ Compensation and/or any other similar entities.

12. Copies of any and all conditional payment letters issued by Medicare/CMS, if

applicable.

13. Any and all documents that relate to and/or refer to Social Security Disability

Insurance (“SSDI”) benefits for Plaintiff, including, but not limited to, (a) any application of

Plaintiff for SSDI benefits; (b) documents that relate to and/or refer to any matter before an

administrative law judge; (c) any denial of SSDI benefits for Plaintiff; (d) any approval of SSDI

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benefits for Plaintiff; and/or (e) any and all documents showing any payment of SSDI benefits to

Plaintiff.

14. Copies of all Social Security Statement(s) for Plaintiff.

15. Any and all documents related to Plaintiff’s application(s) for and/or receipt(s) of

disability benefits from any source.

16. Any and all documents related to any claim or litigation for workers’ compensation

benefits for Plaintiff.

17. Any and all documents which show (a) the identity of any person and/or entity

that employed Plaintiff at any time from January 1, 2017 to the present; and (b) the compensation

Plaintiff earned from all person(s) and/or entity(ies) that employed Plaintiff at any time from

January 1, 2017 to the present.

18. To the extent not previously produced, all documents Plaintiff provided the person

and/or entity he was employed by on the date of the fall alleged in Plaintiff’s Complaint that relate

to and/or refer to (a) the fall alleged in Plaintiff’s Complaint; (b) the injuries alleged in Plaintiff’s

Complaint; (b) Plaintiff’s inability to continue to perform work for his employer; (c) Plaintiff’s

need to perform different and/or reduce work due to her alleged fall; and/or (d) the wood and/or

dumpster identified in Paragraph 6 of Plaintiff’s Complaint.

19. Copies of all documents any lawyer has sent to any person and/or entity on behalf

of Plaintiff.

20. Copies of all complaints that were filed by Plaintiff.

21. Copies of any and all settlement agreements Plaintiff is a party to.

22. Copies of all claims Plaintiff has submitted to any insurance company and/or

insurance broker.

23. Copies of any report either Plaintiff filed with any police department and/or

governmental authority regarding the fall alleged by Plaintiff.

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24. Reports, non-privileged communications, and/or documents prepared by any and

all experts who are expected to testify at trial or whose reports are expected to be submitted at trial.

25. Resumes and qualifications of any and all experts who are expected to testify at

trial or whose reports are expected to be submitted at trial.

26. Copy of Plaintiff’s license to operate an automobile.

27. Completed copies of the attached HIPPA Authorization form attached to these

requests for any and all physicians, hospitals and/or healthcare providers who treated Plaintiff at

any time on or after January 1, 2017.

These requests are deemed to be continuing insofar as if any of the above is secured

subsequent to the date herein for the production of same, said documents, photographs,

statements, reports, etc., are to be provided to Defendant's counsel consistent within the

applicable Rules of Court.

FIELDS HOWELL LLP

Attorneys for Defendant Lynx Waste and
Recycling Solutions, Inc.

/s/Robert Lakind
Robert Lakind, Esquire

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CERTIFICATION

I Randy R. Schiltz, subject to the penalties of law relating to unsworn falsification to
authorities, state the attached answers and/or documents are submitted in response to the foregoing
Requests for Production of Documents and that to the best of my knowledge, information and
belief they are true and complete.

_________________________________________
Randy R. Schlitz

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HIPPA FORM

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AUTHORIZATION FOR DISCLOSURE OF PROTECTED HEALTH INFORMATION

Patient Name: Randy R. Schlitz Date of Birth: ________________________

Patient Address: _______________________________________________________________

Case Name: Randy R. Schlitz v. Lynx Waste and Recycling Solutions, Docket Number: CAM-L-2392-22

1. I authorize the use or disclosure of my protected health information as described below.

2. I authorize the following health care provider to make the disclosure:

Name: ______________________________________________

Address: ______________________________________________

3. I authorize the use or disclosure of my complete medical record for the dates of treatment from
January 1, 2017 to the present.

4. I authorize the disclosure of this information to the following persons:

Fields Howell, LLP
Attn: Robert Lakind, Esq.
301 S. State Street
Newtown, PA, 18940
Tel. 267-214-7510/ Fax: 404-214-1251
Email: rlakind@fieldshowell.com

5. The purpose of this disclosure is “at the request of the individual patient.”

6. I understand that I may revoke this authorization at any time by presenting a written notice to the
health care provider at the address set forth in paragraph 2 above or to the person to whom
disclosure was permitted at the address set forth paragraph 4 above.

7. Unless otherwise revoked as set forth above, this authorization will expire in six months from the
date of execution or upon the termination of litigation, whichever comes first.

8. I understand that the health care provider may not condition the provision of treatment, payment,
enrollment in a health plan or eligibility for benefits on the execution of this authorization.

9. I understand that the disclosure of my protected health care information carries with it the
potential that the information may be subject to re-disclosure by the recipient and, if so, will no
longer be protected.

10. I understand that this authorization does not apply to the disclosure or use of psychotherapy
notes; to protected alcohol and drug abuse records; or to protected HIV/AIDS records.

11. I understand that the persons to whom this information is disclosed shall provide my attorney
with a complete copy of all information received.

Signature of Patient/Authorized Representative Date

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EXHIBIT B
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Fields Howell LLP
By: Robert L. Lakind, Esq. (NJID 036242009)
301 South State Street, Suite N200
Newtown, Pennsylvania 18940
Telephone: (267) 214-7510 Fax: (404) 214-1251
Email: cmyles@fieldshowell.com; rlakind@fieldshowell.com
Attorneys for Defendant, Lynx Waste and Recycling Solutions, Inc.
RANDY R. SCHLITZ : SUPERIOR COURT OF NEW JERSEY
:
Plaintiff, : LAW DIVISION – CAMDEN COUNTY
:
v. :
: DOCKET NO.: CAM-L-002392-22
LYNX WASTE AND RECYCLING :
SOLUTIONS, INC.; SOVEREIGN :
DISTRIBUTORS, INC. D/B/A/ :
AVALON FLOORING; and JOHN DOE :
Civil Action
and/or JOHN DOE COMPANY 1-10 :
(John Doe and/or John Doe Company 1- : DEFENDANT LYNX WASTE AND
10 being fictitious names), i/j/s/a, : RECYCLING SOLUTIONS, INC.
SUPPLEMTNAL INTERROGATORIES TO
Defendants :
PLAINTIFF
:

TO: Jarve Granato Starr, LLC
Anthony Granato, Esq.
10 Lake Center Executive Park
401 Route 73 North, Suite 204
Marlton, NJ 08053
SIR:
PLEASE TAKE NOTICE THAT, Defendant, Defendant Lynx Waste and Recycling
Solutions, pursuant to R. 4:17 of the Rules Governing the Courts of the State of New Jersey,
requests that Plaintiff Randy R. Schlitz, answer fully, in writing and under oath, each of the
following interrogatories and serve such answers on the undersigned within the time prescribed
by Rules of Court.
FIELDS HOWELL LLP
Attorneys for Defendant Lynx Waste and
Recycling Solutions, Inc.

By:
Robert Lakind, Esquire
Dated: November 23, 2022

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INSTRUCTIONS
If you object to any portion of any interrogatory, answer such interrogatory fully to the

extent that such objection does not apply. If you are unable to give an exact date or amount,

please give the best approximate date or amount which can be provided, noting such as an

approximation. If you are unable to answer any part of any interrogatory, answer the remaining

parts as fully as possible and specify which part or parts you are unable to answer and why.

Please note that you are obligated to supplement your responses up to and including the end of

discovery.

SUPPLEMENTAL INTERROGATORIES

INTERROGATORY

1. Provide the name, address and telephone number of any physician, hospital and/or

healthcare provider who, at any time on or after January 1, 2017, has examined, evaluated

and/or treated Plaintiff for any injury, condition, disease, disability, deformity and/or

impairment.

RESPONSE:

INTERROGATORY:

2. For each physician, hospital and/or healthcare provider identified in response to

the above interrogatories, complete the attached HIPAA release forms so that Defendant can

request medical records for Plaintiff from the above identified physicians, hospitals and/or

healthcare providers.

RESPONSE:

INTERROGATORY:

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3. If at any time from January 1, 2017 to September 22, 2020, Plaintiff suffered from any

injury, condition, disease, disability, deformity and/or impairment, describe in detail such

injury(ies), condition(s), disease(s), disability(ies), deformity(ies) and/or impairment(s), and the

approximate date(s) of their commencement.

RESPONSE:

INTERROGATORY:

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Certification

I hereby certify that the foregoing answers to interrogatories are true. I am aware that if

any of the foregoing statements made by me are willfully false, I am subject to punishment.

I hereby certify that the copies of the reports annexed hereto provided by either treating

physicians or proposed expert witnesses are exact copies of the entire report or reports provided

by them; that the existence of other reports of said doctors or experts are unknown to me, and if

such become later known or available, I shall serve them promptly on the propounding party.

Randy R. Schlitz

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HIPPA FORM

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