Plaintiff, by and through her attorney of record, requests Defendant, [redacted]. to produce the following documents pursuant to Rule 58.01, RSMo. as required by law:

REQUESTS

1. A complete copy of any and all policies of insurance under which any insurance business may be liable to satisfy, in whole or in part, any judgments entered against Defendant in this action.
2. Each written, recorded, or summarized statement in Defendant’s possession or control made or reportedly made by [redacted] or Plaintiff and/or any representative or person acting or purporting to act on behalf of [redacted] or Plaintiff.
   1. This request includes any complaint by Plaintiff or any other person regarding the inadequate care or treatment provided to Plaintiff while at [redacted];
   2. This request also includes all documents of any kind, writings, notes or memoranda, which evidence or memorialize any communication between you and the Plaintiffs regarding Plaintiff’s condition, problems, care or medication needs during her residency.
3. A floor plan of the The Facility which identifies each wing, unit, floor, and/or room in the facility.
4. A complete copy of all written complaints or grievances regarding the care, treatment and/or condition of Plaintiff which were filed with Defendant.
5. A complete copy of all responses to, or investigations of, any oral or written complaints or grievances regarding the care, treatment, and/or condition of Plaintiff, which were filed with Defendant.
6. A copy of any photographs, slides, negatives, videotapes, or other graphic depictions which pertain to Plaintiff or to the allegations of the Petition.
7. Any and all records, memoranda, calendars, phone logs, communication logs, charts and files reflecting the care and treatment rendered to Plaintiff by Defendant or any agent, servant, employee, representative of Defendant, including but not limited to medical records, nursing notes, social services notes, lab reports, x-rays and prescription records. Medical records previously produced to counsel for Plaintiff need not be duplicated.
8. If not included in response to the above request, request is made herein for any document created by you concerning the aforementioned resident, whether or not such record is normally maintained as part of the “nursing home chart,” records created by nursing or non-nursing personnel for Defendant evidencing that: (a) Plaintiff was provided any type or kind of care or treatment while a resident of said nursing center; (b) specific actions, steps or measures had been planned or implemented for Plaintiff; (c) nursing interventions had been accomplished for Plaintiff; or (d) there had been a change in Plaintiff’s condition.
9. Any twenty-four hour or shift reports pertaining to Plaintiff.
10. All medical records or documents in the possession or control of Defendant, from any healthcare provider, which refer or relate to any medical treatment or care provided to Plaintiff.
11. All correspondence with other health care providers, or any other third-party, concerning the care, treatment or medical condition of Plaintiff.
12. All written reports of incidents, complaints, accidents or injuries involving Plaintiff while she was a resident of The Facility.
13. A copy of all correspondence, reports, investigation summaries, or other writings prepared by any local, state or federal government agency, division, or department having as its subject matter, in whole or in part, Plaintiff or the care and treatment provided to Plaintiff.
14. All statements of deficiencies from September 1, 2013 to December 1, 2013 which include complaints, allegations and/or deficiencies which involve any resident at The Facility.
15. Any and all documentation from the Missouri Department of Health & Senior Services or any other local, state or federal governmental agency which sets forth findings, conclusions, violations, deficiencies, penalties, complaint investigations, actions or recommended sanctions regarding Defendant from September 1, 2013 to December 1, 2013.
16. If not produced under the preceding request, you are requested to produce all correspondence from the Missouri Department of Health & Senior Services or any other local, state or federal agency pertaining to Defendant, notifying you of any finding or action by such governmental agency.
17. Any documentation created, received or under your control which records your efforts to uncover the relevant facts, the causes for, or the method and means of correcting any adverse finding, deficiency, valid complaint, recommendation for sanction, related to the care provided at The Facility from September 1, 2013 to December 1, 2013, issuing out of the Missouri Department of Health & Senior Services or any other local, state, or federal governmental agency or subdivision.
18. Any and all correspondence pertaining to Defendant from you or your designated representative which responds in any way to: a) the findings, conclusions, violations, deficiencies, penalties, disciplinary actions or recommended sanctions issuing out of the Missouri Department of Health & Senior Services or any other local, state or federal government agency from September 1, 2013 to December 1, 2013. The above request includes, but is not limited to any document: a) containing a plan of correction in response to any complaint, finding, licensure violation, survey deficiency, penalty, disciplinary action or sanction; b) refuting the findings by the Missouri Department of Health & Senior Services or any other local, state or federal government agency; c) containing an appeal of any survey or investigative findings issued by the Missouri Department of Health & Senior Services or any other local, state or federal government agency; d) containing an appeal of any adverse action or sanction issued by the Missouri Department of Health & Senior Services, or any other local, state or federal government agency; e) containing a formal hearing request or petition for judicial review, or any complaint regarding any inspector or surveyor.
19. All criticisms, unfavorable comments, or complaints (reduced to any form of documentation) made on behalf of residents of The Facility, by any person including but not limited to families of residents or employees of Defendant about any of the following during 2013:
    1. inadequate patient care, nursing care or medical care;
    2. inadequate quality or quantity of nursing personnel;
    3. inadequate supervision of nurses, nurse assistants or other nursing personnel;
    4. inadequate nursing supplies, linens or equipment;
    5. the failure to notify the physician of significant changes in a resident’s condition;

The above request includes but is not limited to all documents that memorialize, summarize, or analyze any complaint, criticism, allegation or unfavorable evaluation from current employees of the nursing facility, former employees of the nursing facility, patients, relatives or friends of residents, interested third parties, any physician or health care professional who has been exposed to the care rendered at the nursing facility, or any consultant, independent contractor or person engaged to perform services for you.

20. All statements from any person that were obtained in the normal course of business before you had formal notice of this lawsuit which concern Defendant. This request includes but is not limited to the following documents:
    1. all communications or statements by [redacted] and/or Plaintiff, including all recordings, writings, notes or memoranda of any oral conversations or comments made by any such person; any stenographic, mechanical, or other recording of [redacted] or Plaintiff; or, any transcription thereof which is a substantially verbatim recital of an oral statement by [redacted] or Plaintiff which was contemporaneously reported by another.
21. Produce true and correct, complete and legible copies of any and all transcripts, stenographic notes, audio tapes, videotapes, digital or computer recordings of any narrative account of the events and circumstances surrounding the incident made the basis of this lawsuit which are in your possession or constructive possession.
22. Any “witness statement” of any person with knowledge of relevant facts, irrespective of when the statement was made, in your possession, custody, or control.
23. All scheduling or shift assignment records indicating employees scheduled for work and assigned to provide care or treatment to Plaintiff at The Facility between and including September 1, 2013 to December 1, 2013. If assignments were made by room groups, you are requested to produce all assignment sheets or documents assigning nursing personnel to a specific hall, wing, unit or group of rooms.
24. All handwritten time records and/or time clock records indicating employees present for work and assigned to provide care or treatment to Plaintiff at The Facility between and including September 1, 2013 to December 1, 2013.
25. All planned, budgeted or projected staffing patterns for nursing personnel at The Facility, including but not limited to all monthly staff schedules for nurses, nurse aide/restorative aide/restorative nurse aides, medication aides, and orderlies between September 1, 2013 to December 1, 2013.
26. All documents showing the actual number of hours of available nursing personnel time (on a per shift basis) or the actual number (quantity) of nurse assistants, orderlies, medication aide, and nurses on duty at the nursing home from September 1, 2013 to December 1, 2013. This request includes any computer-generated documents created by any department or division of Defendant which tracks, analyzes or examines the hours of licensed nursing care provided per patient day and the hours of non-licensed nursing care provided per patient day.
27. All documents containing reports, summaries, compilations, expense statements, computations, analyses or evaluations of the following expenses incurred in the operation of The Facility during 2013 which were compiled on a daily, weekly, monthly, annual or periodic basis:
    1. Total payroll expenses for all nursing personnel (nurses, nurses’ aides, medication aides, or orderlies) of Defendant;
    2. Total payroll expenses for temporary nursing personnel of Defendant for each month during the aforementioned time frame;
    3. Expenses related to the training and in-service of employees of Defendant during the aforementioned time frame;
    4. Expenses related to all “help wanted” advertising for nursing personnel or expenses related to attracting nursing personnel of Defendant during the aforementioned time frame;
28. True, correct and complete copies of any report, memorandum, document, directive, strategy or plan issued by Defendant and applicable during 2013, regarding in whole or in part:
    1. increasing resident census at Defendant’s facilities;
    2. decreasing staffing and labor costs; and/or
    3. incentives to increase compliance by facility with corporate budgetary expectations, resident census, or staffing issues.
29. All documentation containing budgets, budgetary guidelines, expense restrictions or limitations, suggested operational costs, or expense ceilings for nursing personnel of Defendant during the calendar year 2013.
30. If not produced under the above request, please provide complete copies of all budgets containing information about the hours of certified and non-certified direct care personnel budgeted on a per patient per day basis to work at The Facility any time during the calendar year 2013.
31. All supplemental requests made with respect to the certified and non-certified direct care personnel budget of Defendant during the calendar year 2013.
32. Any and all documents or correspondence related to Defendant during 2013 created by you, your agents or any person engaged to render professional services for you that deals with the subject of said nursing home’s expenses including, but not limited to the following: a) any recommendation on how to reduce the expense in any cost area of Defendant; b) any recommendation, directive or order to reduce expenses in any cost area at The Facility; c) any statement or suggestion that Defendant was over budget, was projected to be over budget or had failed to comply with any aspect of its’ budget; d) any monthly, quarterly or periodic minutes from any committee having fiscal oversight for the operation of Defendant facility which addresses the subject of expense reduction or noncompliance to budget.
33. All documentation reflecting or containing evidence of any bonus paid to any person connected with Defendant during 2013.
34. Any and all documents created by you on a periodic basis during 2013 (or any part of this time frame) which relate to Defendant and contain an analysis or report of any of the following: (a) The Facility’s rate of occupancy; (b) the number of beds filled or empty during any report period; (c) any evaluation by management regarding the relative success of the occupancy goals, objectives, and strategies established for Defendant.
35. True, correct, and complete copies of all Medicaid cost reports submitted by or on behalf of Defendant for the fiscal year 2013 including all explanation notes, supplemental documentation, exhibits or attachments.
36. True, correct, and complete copies of all Medicare costs reports submitted by or on behalf of Defendant to Medicare, any designated intermediary of Medicare or any governmental agency for the fiscal year 2013 including all explanation notes, supplemental documentation, exhibits or attachments.
37. All documents containing information as to the daily patient census from September 1, 2013 to December 1, 2013 at The Facility for (a) any wing, unit or distinct part of the building where Plaintiff resided; (b) any other wing, unit or distinct part of said nursing home; and (c) the entire facility. This request does not seek the identity of residents listed in the census reports or other documents, but rather the total number of patients residing at the facility. Please redact or delete the name of any resident listed in such document.
38. All documentation containing acuity assessments or evaluations of the acuity level/care needs of residents at The Facility including Plaintiff who resided on the same wing with Plaintiff at any time from September 1, 2013 to December 1, 2013. The above request does not seek the identity of any resident but rather seeks information bearing upon the care needs and workload imposed by the resident population. Please redact or delete the name of any resident listed in such documents.
39. All documents showing or indicating the actual number of hours worked per resident by nursing personnel of The Facility on any and all days from September 1, 2013 to December 1, 2013, for any and all wings in said facility.
40. All written guidelines, forms, or procedures for evaluating the job performance of the director of nursing, administrator or nursing personnel of Defendant including registered nurses, licensed vocational nurses, nurse assistants, medication aide, and orderlies. The above request includes, but is not limited to, any documentation setting forth criteria, standards, or checklists for evaluating and measuring: (a) quantity and quality of direct care provided by employees; (b) the reliability and consistency of individual employees; (c) the quantity and quality of supervision provided by nurses; (d) adequacy of patient observations and assessments by nurses including the recognition of significant changes in condition; (e) the adequacy of charting by nurses; and (f) the ability of nursing personnel to detect and correct situations having a high probability of causing accidents or injuries, and the actual detection and correction by nursing personnel of such situation.
41. All guidelines, criteria and procedures utilized by you or in your possession, custody or control, for determining whether Defendant had sufficient number of nursing personnel, including registered and licensed vocational nurses, nurse assistants, medication aide, orderlies and other staff, to: (a) provide 24-hour nursing services; (b) meet the needs of residents who are admitted to and remain in the facility; (c) meet the total nursing needs of Medicare/Medicaid recipient-patients. The above request includes, but is not limited to, any documentation which sets forth guidelines or criteria for measuring workload imposed on nursing personnel. If any revisions, updates or modifications of the above described guidelines have occurred during the patient’s entire residence, you are requested to produce the original version and all subsequent revisions.
42. An itemized bill setting forth in detail the specific charges made by Defendant in connection with the medical care and treatment provided to Plaintiff.
43. Any admission contract or other agreement concerning Plaintiff.
44. Any application for residency concerning Plaintiff.
45. Any brochure, advertising pamphlet or other promotional document used in whole or in part for advertising the services of Defendant.
46. Any written manual, policy, procedure and/or employee handbook prepared in whole or in part by Defendant and/or utilized by Defendant between September 1, 2013 to December 1, 2013, concerning the heath, care, or safety of residents of The Facility including but not limited to any nursing manuals.
47. True, correct, and complete copies of any document which defines, describes or sets forth the standard of care that Defendant expected The Facility to comply with during the calendar year 2013.
48. Copies of any licenses granted to Defendant by the Division of Aging for operation of The Facility between September 1, 2013 to December 1, 2013.
49. Copies of any notices provided to the facility by the Division of Aging granting exceptions to regulatory requirements at any time in 2013.
50. All records required by 19 CSR 30-85.042(25) and relating to the subject matter of and attendance at all in-service education sessions for nursing personnel of Defendant between September 1, 2013 to December 1, 2013.
51. A copy of all annual reports prepared by or for Defendant for the years 2013.
52. True and correct copy of the entire Annual Report for Defendant, or its parent companies for the fiscal year 2013, including, but not limited to, consolidated balance sheets, consolidated statements of operations, consolidated statements of stockholders’ equity, consolidated statement of cash flow, notes to consolidated financial statements, report of independent auditors, awards of excellence, winners for quality care and quarterly financial data.
53. True and correct documents showing the accurate net worth of Defendant as of the end of the fiscal year 2013.
54. True, correct and complete copies of the following documents for Defendant for the fiscal years of 2013:
    1. quarterly and annual balance sheets;
    2. quarterly and annual income statements;
    3. statement of operations;
    4. cash flow statement;
    5. notes to financial statements; and
    6. report of independent auditor.
55. Defendant’s tax returns for the years 2013.
56. All non-privileged documents in the possession or control of Defendant which mention or relate to Plaintiff.
57. All organizational charts showing the internal configuration of Defendant’s employees applicable to the time period September 1, 2013 to December 1, 2013.
58. All organizational charts showing the relationship between Defendant and any other related parent or subsidiary companies or corporations applicable to the time period between September 1, 2013 to December 1, 2013.
59. True, correct, complete and legible copies of all organization charts of Defendant applicable to the calendar year 2013, including, but not limited to, any such documents and corporate structure charts describing or identifying said Defendant’s corporate organization and hierarchy, including the names and titles of each of its officers, directors, managers, and heads of each of said Defendant’s departments, regions, areas, districts, or any subdivision of said company.
60. All job descriptions and any accompanying updates or changes which define the job descriptions and responsibilities for each and every type of employee of The Facility including the following: Administrator; Director of Nursing; Charge Nurse; Floor Nurse; Treatment Nurse; Nurse Aide/Restorative Aide/Restorative Nurse Aide; Business Office Manager etc. employed by you during the residence of Plaintiff in your facility.
61. A copy of all reports, letters, memos, investigation reports, summaries or other writings prepared by any expert expected to testify at the trial of this case having as its subject matter, in whole or in part, Plaintiff or any aspect of the alleged occurrences.
62. A copy of the curriculum vitae of each individual who Defendant intends to use as a retained or non-retained expert witness of the trial of this case.
63. All letters, correspondence or other documents sent to Defendant’s expert witness by Defendant or any agent of Defendant, including Defendant’s attorneys, as well as any third-party who has provided information to Defendant’s expert regarding this case.
64. Copies of any and all documents which may be relied upon by any expert witnesses upon whose testimony you may rely upon at the trial of this cause, and if said expert witnesses will rely upon any other information of any kind or type whatsoever upon which to base his or her opinions, that the source of said information be identified and the substance of the information be supplied in writing.
65. All documents identified, referred to or utilized in preparation of your response to Plaintiffs’ interrogatories to Defendant.
66. Copies of all reports and correspondence obtained from anyone with knowledge concerning the facts of this case, including without limitation, any expert witnesses.
67. Copies of all performance reviews, complaints, evaluations, or write-ups pertaining to any agent, servant, employee or representative of Defendant having as its subject matter, in whole or in part, any aspect of the care and treatment provided to Plaintiff.