IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

ESTATE OF MICHAEL BAKER, by 

BETTY SIMMS, Personal Representative 

for the Estate and Survivors Michael Jones 

and Mikellia Baker, 

Plaintiff, 

v. 

WARDEN JIMMY COKER, SGT. 

TIMOTHY LINGO, and OFFICERS 

SPENCER A. BARNES, PAUL S. COX, 

JR., LARRY T. HOOD, DAVID 

HERRING, CHRISTOPHER WORLEY, 

AUSTEN L. COPELAND, individually, 

Defendants. 

Civil Action File No. 3:20-cv-4325-

MCR-HTC 

NOTICE OF NON-PARTY SUBPOENA

Pursuant to Federal Rule of Civil Procedure 45(a)(4), please take notice that 

Defendants Warden Jimmy Coker, Sergeant Timothy Lingo, and Officers Spencer 

Barnes and Paul S. Cox, Jr. will be serving the attached subpoena on non-party, 

Corizon, LLC. 

(DATE AND SIGNATURE ON FOLLOWING PAGE.) 

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 1 of 12
2 

Respectfully submitted this 20th day of August, 2020 

/s/ Megan K. Jones 

 Mark L. Bonfanti 

Florida Bar. No. 0010185 

Megan K. Jones 

Florida Bar No. 1000366 

Hall, Gilligan, Roberts, & 

Shanlever, LLP 

1241 Airport Road, Suite A 

Destin, Florida 32541 

Telephone: (850) 213-0604 

Facsimile: (404) 537-5555 

Mbonfanti@hgrslaw.com 

mjones@hgrslaw.com 

CERTIFICATE OF SERVICE

I hereby certify that I have this day served a copy of the within and foregoing 

NOTICE OF NON-PARTY SUBPOENA upon all parties to this matter by 

electronically filing a copy of same with the Court’s CM/ECF system which will 

automatically send an electronic copy to the following counsel of record: 

Mr. James V. Cook, Esq. 

Law Office of James Cook 

314 West Jefferson Street 

Tallahassee, FL 32301 

cookjv@gmail.com

This 20th day of August 2020. 

/s/ Megan K. Jones 

Megan K. Jones 

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 2 of 12
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 

To:

(Name of person to whom this subpoena is directed)

 Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following 

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the

material:

Place: Date and Time:

 Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or 

other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party

may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;

Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to

respond to this subpoena and the potential consequences of not doing so.

Date: 08/20/2020

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the

inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before

it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

THE ESTATE OF MICHAEL BAKER, by and through BETTY

SIMMS, Personal Representative

3:20-CV-4325-MCR-HTC

WARDEN JIMMY COKER, SGT. TIMOTHY LINGO, OFFICERS

SPENCER A BARNES, PAUL S. COX, JR., LARRY T. HOOD,

DAVID HERRING, CHRISTOPHER WORLEY, and AUSTEN

COPELAND.

CT Corporation System, Registered Agent, Corizon, LLC 

1200 South Pine Island Road, Plantation, Florida 33324

X

Friday, August 28, 2020

Hall, Gilligan, Roberts, & Shanlever, LLP

1240 Airport Road, Suite A 

Destin, Florida 32541

See Exhibit A attached hereto

Warden Jimmy Coker

Sgt. Timothy Lingo, et al.

Mark L. Bonfanti and Megan K. Jones, Hall, Gilligan, Roberts & Shanlever, LLP, 1240 Airport Road, Suite A, Destin, Florida 32541, 

(850) 502-2004, mbonfanti@hgrslaw.com, mjones@hgrslaw.com

/s/ Megan K. Jones, Esq.

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 3 of 12
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

 I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

 I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

0.00

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 4 of 12
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

 (1) For a Trial, Hearing, or Deposition. A subpoena may command a

person to attend a trial, hearing, or deposition only as follows:

 (A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

 (B) within the state where the person resides, is employed, or regularly

transacts business in person, if the person

 (i) is a party or a party’s officer; or

 (ii) is commanded to attend a trial and would not incur substantial

expense.

 (2) For Other Discovery. A subpoena may command:

 (A) production of documents, electronically stored information, or

tangible things at a place within 100 miles of where the person resides, is

employed, or regularly transacts business in person; and

 (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

 (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney

responsible for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to the

subpoena. The court for the district where compliance is required must

enforce this duty and impose an appropriate sanction—which may include

lost earnings and reasonable attorney’s fees—on a party or attorney who

fails to comply.

 (2) Command to Produce Materials or Permit Inspection.

 (A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition,

hearing, or trial.

 (B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or

sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.

The objection must be served before the earlier of the time specified for

compliance or 14 days after the subpoena is served. If an objection is made,

the following rules apply:

 (i) At any time, on notice to the commanded person, the serving party

may move the court for the district where compliance is required for an

order compelling production or inspection.

 (ii) These acts may be required only as directed in the order, and the

order must protect a person who is neither a party nor a party’s officer from

significant expense resulting from compliance.

 (3) Quashing or Modifying a Subpoena.

 (A) When Required. On timely motion, the court for the district where

compliance is required must quash or modify a subpoena that:

 (i) fails to allow a reasonable time to comply;

 (ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c);

 (iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or

 (iv) subjects a person to undue burden.

 (B) When Permitted. To protect a person subject to or affected by a

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

 (ii) disclosing an unretained expert’s opinion or information that does

not describe specific occurrences in dispute and results from the expert’s

study that was not requested by a party.

 (C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

 (i) shows a substantial need for the testimony or material that cannot be

otherwise met without undue hardship; and

 (ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

 (1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

 (A) Documents. A person responding to a subpoena to produce documents

must produce them as they are kept in the ordinary course of business or

must organize and label them to correspond to the categories in the demand.

 (B) Form for Producing Electronically Stored Information Not Specified.

If a subpoena does not specify a form for producing electronically stored

information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms.

 (C) Electronically Stored Information Produced in Only One Form. The

person responding need not produce the same electronically stored

information in more than one form.

 (D) Inaccessible Electronically Stored Information. The person

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective

order, the person responding must show that the information is not

reasonably accessible because of undue burden or cost. If that showing is

made, the court may nonetheless order discovery from such sources if the

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

 (A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparation

material must:

 (i) expressly make the claim; and

 (ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

 (B) Information Produced. If information produced in response to a

subpoena is subject to a claim of privilege or of protection as

trial-preparation material, the person making the claim may notify any party

that received the information of the claim and the basis for it. After being

notified, a party must promptly return, sequester, or destroy the specified

information and any copies it has; must not use or disclose the information

until the claim is resolved; must take reasonable steps to retrieve the

information if the party disclosed it before being notified; and may promptly

present the information under seal to the court for the district where

compliance is required for a determination of the claim. The person who

produced the information must preserve the information until the claim is

resolved.

(g) Contempt.

The court for the district where compliance is required—and also, after a

motion is transferred, the issuing court—may hold in contempt a person

who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 5 of 12
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EXHIBIT A

A. Warden Jimmy Coker, Sergeant Timothy Lingo, and Officers Spencer A. 

Barnes, Paul S. Cox, Jr., Larry T. Hood, David Herring, Christopher Worley, 

and Austen Copeland (“Defendants”) serves this subpoena pursuant to the 

Federal Rule of Civil Procedure 45(a)(5). Defendants reserve the right to serve 

additional subpoenas and discover requests on a later date. 

B. These document requests are continuing in nature, and you shall supplement 

these responses with documentation that is available at the time of the 

response hereto, but which becomes available at any time after the initial 

response. 

C. Each request seeks documents available to Corizon, LLC, its attorneys or 

agents, and all persons acting on its behalf. Accordingly, as used herein, the 

terms “Corizon,” “you,” and “your” refer without limitation to Corizon LLC, 

and its attorneys and agents, and all other persons acting on its behalf. 

D. If you claim privilege as to some or all of the documents requested by any 

document request, it is requested that you serve upon the undersigned counsel, 

on the date fixed for responding to the document requests, your written 

objections identifying: (a) the legal ground for the claimed privilege; (b) a 

description of the general topic of the document claimed to be privileged; and 

(c) the facts upon which such claim is based, to the extent possible in a manner 

consistent with the claimed privilege. You shall also set forth (d) the title and 

general nature of the document (e.g. letter, memorandum, etc.); (e) the general 

subject matter of the document; (f) the date of the document’s preparation; 

and (g) the length of the document. You shall also identify (h) the person(s) 

who authored, prepared, or signed such document; and (i) the person(s) to 

whom the document was directed, to whom a copy was shown to be sent or 

who received the document or had access to the original or any copy. 

E. If you object to any part of any request and refuse to answer that part, state 

your objection, and respond to the remaining portion of that request. If you 

object to the scope or time period of a request and refuse to answer for that 

scope or time period, state your objection and respond to the remaining 

portion of that request for the scope or time period you believe is appropriate. 

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 6 of 12
2 

F. If any of the following requests cannot be responded to in full after exercising 

due diligence to secure the documents, so state and respond to the extent 

possible, specifying your inability to answer the remainder and identifying 

whatever information or documents you have concerning the unanswered 

portions. If your response is qualified in any particular way, please set forth 

the details of such qualification. 

G. As used herein, the term “oral communication” means any words heart or 

spoken including, without limitation, words spoken at any meeting, 

discussion, speech or conversation, or telephone call. 

H. The provision of documents that “identify” a natural person means to provide 

documents containing information sufficient to notice a deposition of such 

person and to serve such person with process to require his or her attendance 

at a place of examination and shall include his or her full legal name and 

present or last known home address and telephone number. 

I. The provision of documents that “identify” a firm, corporation, partnership, 

proprietorship, association, or other organization or entity identified or named 

in your response to these Requests should include the address of its principal 

office or place of business together with the identity of each officer, 

representative, agent or employee having knowledge or information 

concerning the subject matter of that answer. 

J. The provision of documents that “identify” an oral communication means to 

provide documents showing what persons participated in such oral 

communication; the date, manner, and place; a description of the 

circumstances surrounding the communication; name of all persons present; 

substance of the communication; and/or comments regarding or in response 

to the communication. 

K. As used herein, “date” shall mean the exact day, month, and year, if 

ascertainable, or, if not, the best approximation (including relationship to 

other events). 

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 7 of 12
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L. As used herein, the singular shall include the plural, and the plural shall 

include the singular. The conjunctive “and” shall include the disjunctive “or,” 

and the disjunctive “or” shall include the conjunctive “and.” 

M. As used herein, “person” means an individual, firm, partnership, corporation, 

proprietorship, association, governmental body, or any other organization or 

entity. 

N. As used herein, the word “document” shall mean anything on which 

information is store or from which information can be retrieved, including, 

but not limited to, any kind of written, typewritten, printed, recorded, 

computer produced, or graphic material, however produced or reproduced, 

brochures, drawings, graphs, photographs, microfilms, notes, memoranda, 

letters, telegrams, newspaper advertisements or articles, summaries and/or 

records of telephone conversations, summaries and/or records of personal 

conversations, diaries, notebooks, minutes, summaries, and/or reports of 

negotiations or investigations, analyses, projects, ledger sheets, accounts, 

journals, publications, contracts, records, tapes, transcripts of records and 

recordings, and business records relating to the subject matter to which the 

respective interrogatory refers, and including, without limitation, originals, 

copies, drafts, and/or any other writings, whether signed or unsigned, 

regardless of whether approved, sent, received, redrafted, executed, erased or 

otherwise defaced or mutilated, from wherever obtained, now in your 

possession, custody or control. 

O. As used herein the term “Defendants” means individually and collectively, 

Warden Jimmy Coker, Sergeant Timothy Lingo, and Officers Spencer Barnes, 

Paul Cox, Jr., David Herring, Christopher Worley, Larry Hood, and Austen 

Copeland. 

P. As used herein the term “Plaintiffs” means, individually and collectively, The 

Estate of Michael Baker, Michael Baker, and Betty Simms. 

Q. As used herein the term “Michael Baker” and any and all references to 

“Michael Baker” or “Mr. Baker” means the individual who became deceased 

while incarcerated at Santa Rosa Correctional Institute on March 9, 2016, and 

is the subject of the previous lawsuit wherein you were a named Defendant 

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 8 of 12
4 

known as Betty Simms, as personal representative of the Estate of Michael 

Baker, on behalf of the estate and survivors Michael Jones and Mikellia Baker 

v. Corizon, LLC, Case No. 3:17-cv-743-TKW, Northern District of Florida 

(Pensacola). 

REQUESTS FOR PRODUCTION OF DOCUMENTS

You are commanded to produce the following: 

1. All documents, including all medical records, nursing notes, doctor’s notes, 

logbooks, memoranda, treatment records, complaints, prescription, and 

medication disbursement records that reflect, evidence, or show any medical 

treatment provided to Michael Baker. 

2. All documents, including logbooks, calendars, schedules of rounds, shifts, 

time sheets, and schedules for all medical personnel assigned to the unit 

housing Michael Baker from January 1, 2015 through December 31, 2016. 

3. All documents including logbooks, sign-in sheets, notes, text messages, and 

emails between you, or your employees and any of the Defendants regarding 

Michael Baker. 

4. All policies and procedures procured by you regarding the medical treatment 

of inmates for 2015 and 2016. 

5. All documents including schedules, notes, logbooks, or other written 

documents evidencing or referring to any medical treatment of Michael Baker 

from January 1, 2015 through December 31, 2016. 

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 9 of 12
5 

6. All emails, text messages, or other communications related or referring to Mr. 

Michael Baker from January 1, 2015 through December 31, 2016. 

7. All death certificates, cause of death determinations, correspondences related 

to the cause of death, medical examiner or coroner reports, autopsy reports, or 

any other documents evidencing the cause of Michael Baker’s death. 

8. Any investigative reports, disciplinary reports, warnings, or incident reports 

relating or referring to Michael Baker from January 1, 2015 through and 

continuing to the present. 

9. Any and all written discovery exchanged in the previous lawsuit known as 

Betty Simms, as personal representative of the Estate of Michael Baker, on 

behalf of the estate and survivors Michael Jones and Mikellia Baker v. 

Corizon, LLC, Case No. 3:17-cv-743-TKW, Northern District of Florida 

(Pensacola) whether the discovery was produced by you to the Plaintiff or was 

received from the Plaintiff by you. 

10. Any and all deposition transcripts of depositions taken in the previous lawsuit 

known as Betty Simms, as personal representative of the Estate of Michael 

Baker, on behalf of the estate and survivors Michael Jones and Mikellia Baker 

v. Corizon, LLC, Case No. 3:17-cv-743-TKW, Northern District of Florida 

(Pensacola). 

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 10 of 12
6 

11. Any and all proof of payments of any monetary amount from Corizon, LLC 

to Betty Simms, as personal representative of the Estate of Michael Baker or 

James V. Cook from January 1, 2019 through to the present action. 

12. All personnel and employment records for Ms. Marcia Nichols and Ms. Linda 

Moore. 

13. All documents including any requests or complaints for medical treatment 

from Michael Baker received by you from January 1, 2015 through December 

31, 2016. 

14. All documents including all emails and text messages that relate to meetings 

between you and any employee of Santa Rosa Correctional Institute regarding 

Michael Baker’s medical treatment. 

15. To the extent not already produced, all documents that evidence 

communications between you and any hospital or outsourced medical 

provider to secure medical treatment for Michael Baker from January 1, 2015 

through December 31, 2016. 

16. To the extent not already produced, all documents that evidence 

communications between you and any of Michael Baker’s relatives or friends 

from January 1, 2015 through December 31, 2016. 

17. To the extent not already produced, all documents and communications that 

evidence, reflect, or relate to any meetings between you and any of the 

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 11 of 12
7 

Defendants or Florida’s Department of Corrections related to Michael Baker 

from January 1, 2015 through to the present. 

18. To the extent not already produced, all documents that evidence or reflect 

communications between you and any of the Defendants or the Florida 

Department of Corrections related to Michael Baker from January 1, 2015 

through to the present. 

Case 3:20-cv-04325-MCR-HTC Document 16 Filed 08/20/20 Page 12 of 12