IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

DELOISE PRICE, | 

 | 

 PLAINTIFF | 

 | 

VS. | CASE NO. 2:06-CV-721 

 | 

WAL-MART STORES, INC., | 

et al., | 

 | 

 DEFENDANTS | 

DEFENDANT EXTREME PERFORMANCE, INC.’S 

REQUESTS FOR PRODUCTION TO PLAINTIFF

Pursuant to Federal Rule of Civil Procedure 33, defendant Extreme 

Performance, Inc. (hereinafter “Extreme”), by and through its attorneys, 

RUSHTON STAKELY JOHNSTON & GARRETT, P.A., respectfully requests 

that Plaintiff provide full and complete answers to the following requests for 

production within thirty (30) days: 

DEFINITIONS AND INSTRUCTIONS

As used in these Requests for Production, the terms below shall be 

understood to have the meanings described below: 

1. The term “Defendant Extreme” means and refers to the entity 

identified as Extreme Performance, Inc., or any related company or corporation, or 

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any of their employees, agents, representatives, or other persons alleged to have 

acted with authority or under such party’s direction or control. 

2. The terms “Plaintiff,” “you” and “your” mean Plaintiff Deloise Price. 

3. The term “photograph” means and includes any photographs, copies, 

or reproductions of photographs, negatives, film, or magnetic recordings, digital 

images, video recordings or tapes, movies, microfilm or microfiche recordings. 

4. The term “document” means and includes any writings, letters, 

memoranda, correspondence, notes, receipts, canceled checks, invoices, 

statements, carbon or photographic reproductions of any of the foregoing, 

electronically stored data or computer disks containing such data, or any other 

tangible object which permanently or semi-permanently records data or 

information. The term also includes any information stored on a computer system 

or by any other electronic means. 

5. The term “statement” means and includes any recording of statements 

made by a person who has knowledge of any relevant facts concerning the events, 

recordings, or occurrences which are in controversy in the above-styled and 

numbered cause, as well as any transcription of such statements and/or memoranda 

or writings concerning, reporting, or summarizing statements made by such 

persons. 

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6. The term “exercise product” means and refers to the Model EE 120 

Deluxe Magnetic Elliptical Machine with Pulse which was allegedly involved in 

the incident made the basis of this suit, as described in Plaintiff’s Complaint. 

7. The term “maintenance” means and includes any work done for the 

purpose of preventing wear and tear and maintaining the exercise product in 

question and any component part or assembly of the same in good condition or 

good repair. 

8. The term “modification” means and includes the addition of any new 

part, device, component, assembly, or piece of equipment to the exercise product 

in question which was not originally part of the exercise product when purchased. 

The term also includes removal, without replacement, or repositioning of any part, 

device, component, assembly, or piece of equipment which was originally supplied 

with the exercise product in question at the time of purchase. 

9. The term “repair” means and includes any type of work done, 

including replacement of parts, to correct or attempt to correct mechanical 

problems, breakages, malfunctions, defects, or any other nonconforming aspect of 

the exercise product in question. This term shall also include adjustments made to 

correct or attempt to correct any problems or complaints. 

10. The terms “occurrence in question” or “the accident” means and 

refers to the incident referred to in Plaintiff’s Complaint to have occurred on 

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June 24, 2004, wherein it is alleged that Plaintiff was injured while using the 

exercise product. 

11. The term “identify” means to provide all known or last known 

information concerning the person or entity, including, but not limited to, the 

following: full name, address of residence, address of business, employer, phone 

numbers (business, home, cellular, pager), social security number, date of birth, 

FEIN, driver’s license number, email address. In addition, where current 

whereabouts are unknown, please identify any other person who may have 

knowledge of such whereabouts. 

12. Unless otherwise specified, the time period covered by these 

interrogatories is from June 24, 2004 to the present. 

13. Each Interrogatory and subparagraph or subdivision thereof is to be 

separately answered. If you cannot respond to a particular interrogatory, so 

indicate why. 

REQUESTS FOR PRODUCTION

Pursuant to Federal Rule of Civil Procedure 34, you are hereby requested to 

produce the below listed documents and/or items for purposes of discovery. This 

material will be examined and/or photocopied; photograph negatives will be 

processed and photographs will be reproduced. Said documents or tangible things 

are to be produced at the offices of, RUSHTON STAKELY JOHNSTON & 

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GARRETT, P.A., 184 Commerce Street, Montgomery, Alabama 36101, within 

thirty (30) days of the date of service hereof and supplemented hereafter in 

accordance with the Federal Rules of Civil Procedure. 

 These Requests are continuing. Any information secured subsequent to the 

filing of your Responses, which would have been included in the Responses had it 

been known or available, is to be supplied by supplemental Responses. 

 The Responses should be inserted in the spaces provided in the Requests. If 

there is insufficient space to Respond to a Request, the remainder of the Response 

should follow on a supplemental sheet. Each Request must be responded to fully 

and completely. 

1. The entire contents of any investigative file or files and any other 

documentary material in your possession or under your control which is in 

any way related to the accident involving Plaintiff that allegedly occurred on 

June 24, 2004, or any claims arising therefrom, excluding references to 

mental impressions, conclusions or opinions representing the value or merit 

of the claim or defense or excepting strategy or tactics and privileged 

communications from and to counsel. 

2. Any and all statements in your possession or under your control concerning 

the accident described in Request No. 1 from all witnesses including any 

statements from the parties herein, or their respective agents, servants and 

employees and any 911 tapes. 

3. The original image, or clear color copies thereof, and the negatives, of all 

photographs, digital images, animations, drawings charts, slides, motion 

pictures, films, or videotapes which depict any of the following: 

a. Any injuries or damages allegedly sustained as a result of the 

occurrence in question; 

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b. The exercise product in question, or any part, component, or assembly 

thereof; 

c. Any portion of the scene or location of the occurrence in question; 

d. Any allegedly defective or unreasonably dangerous condition existing 

with respect to the exercise product in question; 

e. Any exercise equipment (other than the exercise product in question), 

or components thereof, which you contend to have been designed, 

manufactured, or marketed in a manner which is better or safer than 

that used on the exercise product in question, or which you propose as 

a feasible alternative design; 

f. Any warnings or instructions which you allege to be better, safer or 

more effective than the warnings and instructions provided with the 

exercise product in question; 

g. Any diagram, demonstrative aid or model intended to represent or 

depict any of the subjects described in subparts a - f of this request. 

h. Any other fact, scene, or piece of information which is alleged to be 

relevant to any of the matters at issue in this case. 

4. If you are making a claim for loss of future earning capacity as a result of 

the occurrence in question, please provide any documents or other 

foundational materials used or relied upon to calculate and/or support your 

claim for this element of damages. 

5. All medical records and hospital records regarding all medical care and 

services, mental health services, counseling or other such professional 

services or care related to the injuries or other damages that you allege to 

have sustained as a consequence of the occurrence in question, including, 

but not limited to, office notes, correspondence, X-rays, medical reports, 

examinations, tests, photographs, and other such written or transcribed 

documents, of whatever description. 

6. All reports, notes, notations, correspondence, records, or other written or 

transcribed documents prepared by or directed to any psychiatrists, 

counselors, psychologists, therapists, or rehabilitation counselors regarding 

your examination and treatment, if any, and the findings and/or 

recommendations recorded with respect to any disability, injury, or damages 

which you claim to have sustained as a result of the occurrence in question. 

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7. Please produce any and all bills, receipts, canceled checks, and any other 

written records evidencing payments for any charges or out-of-pocket 

expenses allegedly incurred by you, or for your use and benefit, with respect 

to any injuries or damages you sustained as a result of the occurrence in 

question, including but not limited to expenses for ambulance services, 

pharmaceutical products, drugs, medications, therapeutic appliances, 

counseling, physician or professional services, psychologist or psychiatric 

services, hospitalization, emergency treatment, or any other similar 

expenses. 

8. As to each consulting expert or other person, firm, or corporation whose 

work product has been reviewed or considered by any person that you may 

call at the trial of this cause as an expert witness, either by live testimony or 

by deposition testimony, please produce the following: 

a. Copies of all notes, reports and writings prepared by each such 

person regarding any matter relevant to this case, setting forth any 

factual observations, tests, calculations, conclusions and/or opinions 

of each such person, including draft reports or interim reports 

prepared prior to the final version; 

b. Any computer-generated images, drawings, photographs, 

charts, films, videotapes, or other tangible items created by each such 

person, given to or viewed by each such person, or considered by each 

such person; 

c. Any information or tangible objects, of any nature or 

description, which have been or will be examined or considered by 

each such person in forming any opinions relevant to the issues 

presented by your claims, including a hard-copy printout of any 

information stored by computer or other electronic means; 

d. A resume or curriculum vitae specifying the background of 

each such person; 

e. Any and all standards, codes, regulations, books, treatises, 

technical publications, and/or other supporting written or 

computerized data considered or relied upon by each such person, or 

considered authoritative by each such person, in the field of his work; 

and 

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f. Any and all notes, documents, records, photographs, letters, or 

any other written material of any kind whatsoever which has been 

provided to each such person by anyone; or which has been prepared 

or considered by each such person for use in this case, regardless of 

the contents of such documents, records, photographs, letters, notes, 

or other written materials, and regardless of the source from which 

such materials were acquired by such person. 

g. A list of each occasion on which each such person has given 

testimony at trial or on deposition within the past 4 years, showing the 

date, case name, case number, court and location. 

h. Any tangible item(s) intended for installation on, or attachment 

to, any type of exercise equipment, to the extent that such item(s) are 

proposed anyone to be feasible design alternative(s) for the exercise 

product in question, along with any equipment used to test or evaluate 

any such alleged design alternatives. 

9. Any representations or statements made, at any time whatsoever, by any past 

or present employee, officer, director, representative, or agent of the 

defendant with respect to the occurrence in question, the exercise product in 

question or other exercise products manufactured by defendant; with respect 

to the design, manufacturing, assembly, marketing, engineering, or business 

practices of any defendant; or with respect to any of the other matters, 

events, or conditions in controversy in this lawsuit. 

10. Any advertisements, promotional materials, written or printed materials of 

any nature (including photographs, films, videotapes) which allegedly 

contain or depict representations concerning the exercise product in question 

or other exercise equipment manufactured by defendant; concerning the 

design, manufacturing, marketing, engineering, or business practices of any 

defendant; or concerning any of the other facts or matters relevant to the 

claims you have made in this lawsuit. 

11. Any statements, made at any time whatsoever, by any persons having 

knowledge of any facts, conditions, or events which are relevant to the 

occurrence in question, the exercise product in question, and/or to the 

matters in controversy in this lawsuit, including any transcripts, recordings 

or summaries thereof. 

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12. All documents, including computer files, records, or tangible items of any 

kind whatsoever which are in the possession, custody, or control of you or 

your attorneys and which touch upon, relate to, or concern any of the 

following: 

a. Any inspection, examination, testing, or analysis of the exercise 

product in question or of any components thereof; 

b. Any and all repairs, alterations or modifications made to the 

exercise product in question (including removal or 

repositioning of any component), whether before or after the 

occurrence in question; 

c. Any maintenance performed on the exercise product in 

question, whether before or after the occurrence in question; 

d. Any instructions, warnings, or other documents made available 

to the operator of the exercise product in question, concerning 

the use and/or operation of the exercise product in question, 

including, but not limited to, all manuals, pamphlets, books, 

literature, correspondence, or any other written documents, 

records, or writings providing or relating to any such 

instructions; 

e. Any express or implied warranty that you allege was applicable 

to the exercise product in question at the time of the occurrence 

in question, as well as any such materials which concern any 

alleged breach of any such warranties. 

13. All agreements, contracts, arrangements, understandings, or deals, or any 

notes, correspondence or writings evidencing any such agreements, whether 

formal or informal, written or verbal, relating to any settlement, assignment, 

compromise, dismissal, or cooperation agreement between any persons or 

entities with regard to any of the claims brought by you or on behalf of the 

above captioned cause, or related causes of action against any person, party, 

firm, or corporation. 

14. All regulations, standards, codes, or requirements that you allege are 

applicable to the exercise product in question, to the extent that any such 

materials relate to the claims that you have made against the defendant. 

15. All documents or records of any kind whatsoever regarding any 

representations allegedly made by any employee, agent, or representative of 

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the defendant concerning the exercise product in question or other exercise 

product manufactured by defendant, to the extent that you view any such 

representations as relevant to any issue in this case. 

16. All documents, records, or writings of any kind whatsoever that were given 

to the consumer by the defendants in conjunction with the sale, loan, repair, 

or maintenance of the exercise product in question or in conjunction with 

any other fact or occurrence at issue in this suit. 

17. All materials and/or other tangible items of any description that were taken 

or removed from the exercise product in question at any time before the 

occurrence in question; or from the exercise product in question or the scene 

of the occurrence in question, at any time following the occurrence in 

question. 

18. Any exercise equipment, or components thereof, and copies of any and all 

written material or designs pertaining thereto, which you allege or claim to 

be alternative, feasible exercise product designs, and/or which you allege to 

be better, safer, or more suitable for use on exercise products such as the one 

in question, and/or which you allege should have been utilized, in whole or 

in part, rather than the design utilized for the exercise product in question. 

19. Any documents, photographs, records, or writings of any kind whatsoever 

which purport to have been authored by, or originated from the defendants, 

or any of defendants’ divisions, parent and subsidiary companies or 

corporations, their past or present employees, officers, directors, agents, 

representatives, or any person or entity alleged to be associated with or 

acting for or on behalf of any of the foregoing. 

20. Each document, photograph, or tangible item of any description upon which 

you rely in support of your allegation that the exercise product in question 

was defective or unreasonably dangerous in any way, or which purport to 

evidence any such alleged defect. 

21. Each document, photograph, or tangible item of any description upon which 

you rely in support of your allegation the defendants were negligent in any 

way, or which purport to evidence any such alleged negligence. 

22. Each document, photograph, or other tangible item of any description upon 

which you intend to rely in support of your damage allegations in this suit, 

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including any such item which purports to evidence any element of your 

alleged damages, the amount thereof, or the methods used by you to 

calculate the value of damages allegedly sustained by any plaintiff. 

23. Each document, photograph, or other tangible item of any description upon 

which you intend to rely in support of your punitive damage allegations in 

this suit, including any such item which purports to evidence “wanton 

failure” on the part of either or both defendants. 

24. Each document, photograph, computer-generated image, or other tangible 

item of any description which you have identified in your answers to any 

defendant’s interrogatories to plaintiffs in this case. 

25. A copy of any deposition transcript, trial or hearing transcript, or other 

sworn statement of any employee or representative of defendant, or of any 

expert witness who has been designated by defendant in this action. 

26. The original or a legible copy of any and all notes, statements, reports or 

memoranda setting forth the facts disclosed in any and all surveys, 

inspections, testing or investigation with reference to the occurrence in 

question. 

27. All interoffice memoranda between representatives of any of your insurance 

carriers, correspondence from or to any of your insurance carriers, or 

memoranda to any of your insurance carriers’ files concerning any facts 

regarding the occurrence in question, or injuries and damages allegedly 

sustained as a consequence thereof. 

28. A copy of any written incident report or written/recorded statement 

concerning the occurrence in question, prepared by or for any insurance 

carriers, governmental agencies or your employers. 

29. All diagrams, blueprints, plans, specifications, pictures, and/or sketches of 

the scene of the occurrence in question, and/or the exercise product in 

question or other instrumentalities involved, and/or the manner in which the 

occurrence in question happened. 

30. All deposition transcripts in your possession or under your control from 

other cases in which the claimant alleged that injuries were sustained as a 

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result of use of an exercise product similar to the one made the subject of 

this action. 

 /s/ Dennis R. Bailey

 Dennis R. Bailey 

 Attorney for Defendant 

 Extreme Performance 

Of counsel: 

RUSHTON, STAKELY, JOHNSTON & GARRETT, P.A. 

184 Commerce Street 

Post Office Box 270 

Montgomery, Alabama 36101-0270 

(334) 206-3234 (phone) 

(334) 481-0031 (fax) 

drb@rsjg.com (e-mail) 

CERTIFICATE OF SERVICE

 I hereby certify that I have filed the foregoing pleading through the ECMF 

system on this the 20th day of November, 2006, which will forward same to: 

 Jock M. Smith 

 Brian P. Strength 

 Valerie Rucker Russell 

 Cochran, Cherry, Givens, Smith, Lane & Taylor 

 Post Office Box 830419 

 Tuskegee, Alabama 36083 

 John E. Earnhardt 

 Robert Fowlkes 

 Maynard, Cooper & Gale 

 1901 Sixth Avenue North 

 2400 AmSouth/Harbert Plaza 

 Birmingham, Alabama 35203-2602 

 /s/ Dennis R. Bailey

 Of counsel 

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