COME NOW Plaintiff, by and through counsel, and pursuant to K.S.A. §60-230(b)(5) request that Defendant [redacted] (“Defendant”) produce one or more officers, directors, managing agents, or other persons who consent to testify on its behalf, for a deposition upon oral examination on April 14, 2015 at 9:00 a.m. at the Thomas County District Court, 300 North Court Avenue, Commissioners Room, 1^st Floor, Colby, Kansas 67701,on the topics and matters identified in Exhibit A. This notice of deposition duces tecum is pursuant to K.S.A. 60-230(b)(1), and, therefore, Plaintiff requests that the designee(s) produce for copying and inspection the documents described in Exhibit B. Finally, notice is provided that the deposition may be videotaped.

EXHIBIT A TO DEPOSITION NOTICE
FOR DEFENDANT [redacted]

The following topics, subject matters and requests for production of documents shall apply to those policies, procedures, rules, regulations, bylaws, and guidelines that were in force and effect during Plaintiff’s residency at Defendant’s facility in 2012 unless otherwise specified:

1. The deponent’s title; work experience and background; education; training; qualifications; knowledge and understanding of the allegations in Plaintiffs’ Petition, along with the facts, circumstances, or involvement, if any, in Plaintiff’s care at Defendant’s facility; and deposition preparation.
2. All documents reviewed in preparation for the deponent’s deposition as Defendant’s corporate representative in this case.
3. Types of adult care homes available in Kansas in 2012 to residents, such as Plaintiff and the level of nursing care provided in each such adult care home, as defined by the applicable Kansas statutory and regulatory law.
4. Duties, responsibilities and function of Defendant’s “nursing personnel,” as defined by K.A.R. 26-39-100(uu).
5. The education, training, and qualification of Defendant’s “nursing personnel,” as defined by K.A.R. 26-39-100(uu), who provided care to Plaintiff while she was a resident at Defendant’s facility.
6. The expertise of Defendant’s nursing personnel, as defined by K.A.R. 26-39-100(uu), who provided care to Plaintiff while she was a resident at Defendant’s facility.
7. Duties, responsibilities and function of Defendant’s director of nursing.
8. The education, training, and qualification of Defendant’s director of nursing.
9. The expertise of Defendant’s director of nursing.
10. The education, training, and qualification of Joan Jamison ­– Defendant’s Director of Nursing – during Plaintiff’s residency at Defendant’s facility.
11. The expertise of Joan Jamison ­– Defendant’s Director of Nursing – during Plaintiff’s residency at Defendant’s facility.
12. Duties, responsibilities and function of Joan Jamison – Defendant’s Director of Nursing – during Plaintiff’s residency at Defendant’s facility.
13. The identity of Defendant’s Executive Director/Operator during Plaintiff’s residency at Defendant’s facility.
14. The education, training, and qualification of Defendant’s Executive Director/Operator during Plaintiff’s residency at Defendant’s facility.
15. The expertise of Defendant’s Executive Director/Operator during Plaintiff’s residency at Defendant’s facility.
16. Duties, responsibilities and function of Defendant’s Executive Director/Operator during Plaintiff’s residency at Defendant’s facility.
17. Staffing of nursing personnel, as defined by K.A.R. 26-39-100(uu).
    1. Resident census.
    2. Resident acuity.
18. [redacted] resident chart for Plaintiff (produced by [redacted] on behalf of Defendant).
19. The care Plaintiff received while she was a resident of [redacted].
20. Plaintiff’s health needs while she was a resident of [redacted].
21. Plaintiff’s cognitive status while she was a resident of [redacted].
22. Resident care plans.
23. Plaintiff’s care plan.
24. Resident functional capacity screening.
25. Plaintiff’s functional capacity screening.
26. How [redacted] (Defendant’s Director of Nursing or any other person that held that position during Plaintiff’s residency at Defendant’s facility) was trained, oriented, and instructed on creating, implementing, reviewing, and updating resident negotiated service agreements/care plans and/or functional capacity screening.
27. Educational, training and/or orientation material used by (or available for use by) Defendant to educate, train and/or orient its staff on the subject matter of caring for residents with diabetes, resident safety, significant changes in condition, resident assessment, resident care plans from 2010 to the present.
28. How Defendant’s staff were expected to implement and interpret the policies and procedures of Defendant that it produced in response to Plaintiffs’ discovery requests.
29. Defendant’s compliance with its own policies and procedures relating to its care and treatment of Plaintiff.
30. Physician communication.
31. Defendant’s interrogatory answers to Plaintiffs’ interrogatories.
32. Defendant’s responses to Plaintiffs’ requests for production of documents.
33. Oversight, management and/or involvement of any entity with the operations of [redacted].
34. Defendant’s corporate structure and the identify of any and all entities that are in any way related to or affiliated with Defendant, which may have any direct or vicarious responsibility related to the health services provided to Plaintiff during her residency at Defendant’s facility.
35. Identification of federal, state, and local standards; guidelines; and regulations that governed Prairie Senior Living Complex during Plaintiff’s residency at Defendant’s facility.
36. How Defendant’s staff were expected to implement and interpret compliance with federal, state, and local standards; guidelines; and regulations that govern Prairie Senior Living Complex.
37. Defendant’s compliance with K.A.R. 26-39-102 during Plaintiff’s residency at Defendant’s facility.
38. Defendant’s compliance with K.A.R. 28-39-151 during Plaintiff’s residency at Defendant’s facility.
39. Defendant’s compliance with K.A.R. 28-39-152 during Plaintiff’s residency at Defendant’s facility.
40. Defendant’s compliance with K.A.R. 28-39-153 during Plaintiff’s residency at Defendant’s facility.
41. Defendant’s compliance with K.A.R. 28-39-154 during Plaintiff’s residency at Defendant’s facility.
42. Defendant’s compliance with K.A.R. 28-39-155 during Plaintiff’s residency at Defendant’s facility.
43. Defendant’s compliance with K.A.R. 28-39-156 during Plaintiff’s residency at Defendant’s facility.
44. Defendant’s compliance with K.A.R. 28-39-163 during Plaintiff’s residency at Defendant’s facility.

EXHIBIT B TO DEPOSITION NOTICE FOR PLAINTIFF

DEFINITIONS

A.“Documents” shall mean all writings, recordings, and photographs, including all originals and duplicates, including but not limited to, diaries, contracts, drafts, reports, compilations, schedules, charts, tables, diagrams, drawings, intra-office and inter-office memoranda, emails, photocopies, photographs, circulars, pamphlets, newspaper or magazine articles, correspondence, tape recordings, computer run or printout and any other retrievable data in your possession, custody or control or known to you, wherever located. The term “document” shall also include all non-identical copies (whether different from the originals because of any alterations, notes, comments, or other material contained therein or attached thereto or otherwise), and drafts of all written, printed, recorded or graphic matter of every kind and description, together with any attachment thereto or enclosure therewith in any way relating or referring to or concerning the subject matter of the interrogatory, whether inscribed by hand or by mechanical, electronic, microfilm, photographic, or other means, as well as phonic or visual reproductions.

DOCUMENTS TO PRODUCE

1. Any and all documents identified and/or reviewed in responding to Exhibit A of this deposition notice duces tecum.
2. A copy of all records created, generated, and/or maintained by Defendant and/or its staff pertaining to Plaintiff while she was a resident of [redacted] through the time that Defendant was first notified of this lawsuit (if not already produced in discovery).