IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

SPENCER COLLIER,

Plaintiff,
vs.
ROBERT BENTLEY, et al.
Defendant.

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) Civil Action No: 03-CV-2016-900538
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GOVERNOR BENTLEYS OBJECTIONS TO

PLAINTIFFS FIRST DISCOVERY REQUESTS TO GOVERNOR BENTLEY
Defendant Governor Robert Bentley (hereinafter Defendant or Governor Bentley)
provides the following objections and responses to Plaintiffs First Discovery Requests:
GENERAL OBJECTIONS
Defendant objects to each and every individual discovery request on each and all of the
following grounds:
1.

Defendants objections to the Plaintiffs discovery requests are made without

waiver of, or prejudice to, any additional objections Defendant may make.
2.

All objections are hereby expressly preserved as is the right to move for a

protective order.
3.

Defendant objects to all of Plaintiffs discovery requests on the ground of

sovereign immunity. Because sovereign immunity relieves Defendant not only from liability but
also from the burdens of litigation, Defendant will not respond to any of Plaintiffs discovery
requests. Currently pending before the Court are Defendants motion to dismiss based on
sovereign immunity and motion to stay discovery obligations pending resolution of his motion to
dismiss. Defendant will state other general objections to these discovery requests solely out of an
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abundance of caution, and without waiver of additional objections as they arise.

4.

Defendant reserves all objections as to the admissibility at trial of any information

provided.
5.

Defendant does not admit that any information requested by Plaintiff is relevant in

this lawsuit. All information provided by Defendant is for use in this litigation only and for no
other purpose.
6.

Defendant objects to each and every discovery request to the extent that the

information called for, if any, was obtained and prepared in anticipation of litigation or for trial
and Plaintiff has made no showing that Plaintiff has a substantial need for the materials in the
preparation of Plaintiffs case and that Plaintiff is unable, without undue hardship, to obtain the
substantial equivalent of the materials by other means. Defendant further objects to each and
every discovery request to the extent that the information called for is privileged and is not
discoverable under Alabama Rules of Civil Procedure.
7.

Any inadvertent production or disclosure of privileged material is not intended,

and should not be construed as a waiver of privilege, and Defendant reserves the right to seek the
return of any such material, and further, to object to its use.
8.

Defendant objects to each and every discovery request to the extent that the

information called for is protected from discovery by any applicable privilege, including but not
limited to the attorney/client privilege, attorney work product, self-critical analysis privileges,
executive privilege, deliberative-process privilege, or the privilege under Alabama Code 12-213.1.
9.

Defendant objects to each and every discovery request to the extent that it seeks to

vary the obligations imposed upon Defendant under the Alabama Rules of Civil Procedure.
10.

Defendant objects to each and every discovery request to the extent that it seeks
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information that is not relevant to the claims in this action or reasonably calculated to lead to the
discovery of admissible evidence.
11.

Defendant objects to each and every discovery request to the extent that it seeks

information that is equally available to Plaintiff and the burden on the Plaintiff to obtain the
requested information is no greater than the burden on Defendant.
12.

Defendant objects to each and every discovery request to the extent that it is

vague, overly broad, oppressive, unduly burdensome and expensive and beyond the permissible
scope of discovery under the Alabama Rules of Civil Procedure.
13.

Defendant objects to each and every discovery request to the extent that it seeks an

answer involving an opinion or contention that relates to fact or the application of law to fact
before discovery has been completed or a pre-trial conference has been conducted.
14.

Defendant objects to each and every discovery request to the extent that the

documents or information requested are not in the possession, custody, or control of Defendant,
whom is sued by Plaintiff here solely in Defendants personal capacity.
15.

Defendant objects to each and every discovery request to the extent it asks for

confidential and private information regarding individuals who are not parties to this lawsuit.
16.

Defendant objects to each and every discovery request to the extent it asks for

Defendant to make legal conclusions.

17.

Formal discovery is not complete in this civil action and therefore, Defendant

reserves the right to supplement its responses to the Plaintiff's discovery requests upon
completion of discovery.
18.

Defendant objects to each and every discovery request as irrelevant as Plaintiffs

claims against Governor Bentley are subject to a pending motion to dismiss under Rule 12(b)(6).
Governor Bentley hereby incorporates by reference all arguments and citations to law contained
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in his motion to dismiss all claims against him.

19.

Defendant objects to each and every discovery request to the extent it asks for

information not within the personal knowledge of Defendant.

20.

Due to the pending motion to dismiss and motion to stay and the statement of

general objections above as to all of Plaintiffs discovery requests, Defendant will not make more
specific objections or responses at the current time. Defendant reserves his right to offer specific
objections or responses at the appropriate time.
Respectfully submitted,

/s/ John C. Neiman, Jr.

John C. Neiman
Stephanie H. Mays
Mark D. Foley, Jr.
Attorneys for Defendant Governor Bentley

OF COUNSEL:
MAYNARD, COOPER & GALE, P.C.
1901 6th Avenue North
2400 Regions/Harbert Plaza
Birmingham, Alabama 35203
Phone: (205) 254-1000
Fax: (205) 254-1999

CERTIFICATE OF SERVICE
I have on this the 20th day of July, 2016, served a copy of the foregoing on all counsel of
record to this proceeding via email:

Kenneth J. Mendelsohn
Jemison & Mendelsohn
kenny@jmfirm.com
Thomas E. James
Law Offices of Tommy James
tjameslaw1@gmail.com
Joseph C. Espy, III
Benjamin J. Espy
William M. Espy
MELTON, ESPY & WILLIAMS, P.C.
jespy@mewlegal.com
bespy@mewlegal.com
wespy@mewlegal.com
Robert D. Segall
Ashley N. Penhale
Copeland, Franco, Screws & Gill, P.A.
segall@copelandfranco.com
penhale@copelandfranco.com
William P. Gray, Jr.
Douglas N. Robertson
GRAY & ASSOCIATES, L.L.C
WPG@grayattorneys.com
David B. Byrne, Jr.
Office of the Governor
david.byrne@governor.alabama.gov
Respectfully submitted,
/s/ John C. Neiman, Jr.
OF COUNSEL