STATE OF MAINE SUPERIOR COURT
AROOSTOOK, ss. CIVIL DOCKET
Docket No.: CARSC-CV-2018-135
RICHARD CAYER and ANN CAYER,
Plaintiffs
v.
TOWN OF MADAWASKA,
Defendants
PLAINTIFFS, Richard Cayer and Ann Cayer, subject to objections noted below, answer Defendants’ Request for Production Propounded to Plaintiffs as follows:
1. Please produce all documents that reflect expenses you have incurred during the course of your medical treatment as a result of the occurrence or any actions by the Defendants or the Defendants’ employees or agents. Alternatively, the Plaintiffs may execute an authorization, in the attached form, to permit the Defendants to obtain copies of the responsive records.
RESPONSE: Our Medicare, Medicaid, and supplemental insurance covers all medical expenses. We agree to release an authorization form to permit the Defendants to obtain copies of the responsive records.
2. Please produce all documents that reflect the source, date, nature and dollar amount of other non-medical expenses which you claim resulted from the occurrence or any actions by the Defendants or the Defendants’ employees or agents. Alternatively, the Plaintiffs may execute an authorization, in the attached form, to permit the Defendant to obtain copies of the responsive records.
RESPONSE: We agree to release an authorization form to permit the Defendants to obtain copies of the responsive records.
3. To the extent they have not yet been produced in response to other requests, please produce all documents you are relying upon to prove the damages you are claiming in this lawsuit.
RESPONSE: See attached generally. Most of the files in question are public documents that we recorded from public meeting, or public records copied from town books and files. Moreover, many of these files were obtained by us with FOIA requests, some of which we had to pay to have access to, and record. Most video and audio recordings were copied from town meetings which are available from the school department that recorded the same public meetings with our tax dollars. Other information in our possession that you request to see and copy is still available at our house for your review and copy. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
4. Please produce copies of your state and federal income tax records, including W-2 forms, for the past five (5) years. Alternatively, the Plaintiffs may execute an authorization (in the form attached to these requests) allowing the Defendants to obtain copies of the tax returns.
RESPONSE: We agree to release an authorization form to permit the Defendants to obtain copies of the responsive records.
5. Please produce all employment records for the past ten (10) years. Alternatively, the Plaintiffs may execute an authorization (in the form attached to these requests) allowing the Defendants to obtain copies of employment records.
RESPONSE: We agree to release an authorization form to permit the Defendants to obtain copies of the responsive records.
6. Please produce all income records for the past ten (10) years that pertain to the property that is the subject of the allegations in the Plaintiffs’ Complaint.
RESPONSE: We have not rented the property that is the subject of the allegations in the last 10 years because of the willful meritless lawsuits against us by the Town of Madawaska and its employees. All potential income has been lost. I do not know how to put a price on what could be.
Loss of rental income for the last 10 years is 100% of what could have been to a newly constructed home. Without the new building completed, it is impossible to determine what that loss is. As American citizens, we have certain unalienable rights guaranteed by the United States Constitution and the Constitution of Maine. These rights of Life, Liberty, and the Pursuit of Happiness have been denied to us by the Town of Madawaska and its employees by willfully filing the meritless lawsuits which we have had to endure for the last 15 years. Please explain how we can put a price on that.
7. Please produce all written or recorded statements by any person having knowledge of the facts alleged in the Plaintiffs’ Complaint, including by not limited to statements by the parties.
RESPONSE: See attached generally. Most of the files in question are public documents that we recorded from public meeting, or public records copied from town books and files. Moreover, many of these files were obtained by us with FOIA requests, some of which we had to pay to have access to, and record. Most video and audio recordings were copied from town meetings which are available from the school department that recorded the same public meetings with our tax dollars. Other information in our possession that you request to see and copy is still available at our house for your review and copy. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me We are willing to produce these files and documents on YouTube if you so request.
RESPONSE: We, Richard and Ann Cayer agree to supply any audio recording in our possession including those of CEOs Ouellet and Dube, Town Managers, and any recording of any public official. Please set up an email that I can send the files to. We will also provide video of any specific recording when requested. The files are too large to email. Would it be agreeable if we would look into putting them on YouTube as well?
8. Please produce all records, reports, letters, charts, questionnaires, notes, bills, billing summaries, x-rays, MRI films and any other written documents or things that pertain to consultations or treatments you had or received from any health care provider for injuries you claim to have suffered as a result of the occurrence or the actions of the Defendants or the Defendants’ employees or agents. Alternatively, the Plaintiffs may execute an authorization, in the attached form, to permit the Defendants to obtain copies of the responsive records.
RESPONSE: We agree to execute an authorization to permit the Defendants to obtain copies of the responsive records.
9. Please produce all records, reports, letters, charts, questionnaires, notes, bills, billing summaries, x-rays, MRI films and any other written documents or things that pertain to consultations or treatments you had or received from any health care provider during the past ten (10) years for any injuries, illnesses or conditions. Alternatively, the Plaintiffs may execute an authorization, in the attached form, to permit the Defendants to obtain copies of the responsive records.
RESPONSE: We agree to execute an authorization to permit the Defendants to obtain copies of the responsive records.
10. Please produce all records, reports, letters, notes, filings, decisions, orders, rulings and any other written documents or things that pertain to any claims (in any legal or administrative action or pursuant to an insurance policy) you have made for personal injury, workers compensation benefits, social security benefits, unemployment benefits or disability benefits
RESPONSE: To my knowledge or memory, I do not recall of any such claims. However, we have made a claim for social security benefits, and do in fact receive social security benefits. We may have made claims for unemployment benefits. My claim might have been in 1971 during a labor dispute. Ann’s claim may have been in the late 1970’s and early 1980’s. We agree to execute an authorization to permit the Defendants to obtain copies of the responsive records.
11. Please produce the complete file on this matter kept by persons who may be called to present expert testimony in support of the claims in the Plaintiffs’ Complaint, including any documents that were authored by each person and all documents or things that were reviewed or prepared by each person.
RESPONSE: Plaintiff will identify and designate any expert witness in accordance with Scheduling Order or any other Pretrial Order issued by the Court and Rule 26 of the Maine Rules of Civil Procedure.
12. Please produce all photographs, video recordings, films, plans, maps, reports, audio recordings, statements, written or recorded records of any kind, documents or tangible things that relate to the occurrence or to the allegations in the Plaintiffs’ Complaint.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. Most of the files in question are public documents that we recorded from public meeting, or public records copied from town books and files. Moreover, many of these files were obtained by us with FOIA requests, some of which we had to pay to have access to, and record. Most video and audio recordings were copied from town meetings which are available from the school department that recorded the same public meetings with our tax dollars. Other information in our possession that you request to see and copy is still available at our house for your review and copy. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me We are willing to produce these files and documents on you tube if you so request.
13. Please produce all notices of claim or demands for payment (including any documents that reflect how the notice or demand was conveyed, i.e., return receipt, etc.) served by you or on your behalf upon any person or entity that pertains to the occurrence or any injuries or damages that you claim were caused by the occurrence.
RESPONSE: These documents are already in the possession of Defendants’ counsel. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
14. If you claim that your damages in this lawsuit include lost wages, lost income or diminishment of your income earning capacity, please produce all documents or things that reflect the steps you have taken since the occurrence to find employment or the persons or entities you have contacted about securing employment.
RESPONSE: Not applicable. We are both retired. All loss from the rental profit, from sale of new home, or any other possibility, is unknowable, because of the Town’s employee’s, and their illegal, meritless, intentional acts, in bad faith. These civil rights violations by the Town and its employees, denied us of our Constitutional Rights, ruined our reputation, our lives, our health, and has harmed us financially, very severely.
15. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Robert Ouellet violated your constitutional or civil rights.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. This information is already provided in our tort filing and we have supplied a separate document headed as MOTIVE. Although this lawsuit is in regards to actions by the Town and its employees that began fraudulently as code enforcement actions that we have proven to be false, we intend to prove that those actions were actually intentional acts in bad faith, meant to punish us for our public participation in local town politics. The Motive document will show what the Town and its employees did this to us, and why they did it. This intentional act in bad faith by the Town and its employees did not start in June of 2010, it began in 1988 when we bought the Campground, and escalated from there. Please go to ourcivilrights.me for more information.
16. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Robert Ouellet should be held liable for wrongful use of civil process, abuse of process, intentional infliction of emotional distress, or negligent infliction of emotional distress.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
17. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Christina Therrien violated your constitutional or civil rights.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
18. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Christina Therrien should be held liable for wrongful use of civil process, abuse of process, intentional infliction of emotional distress, or negligent infliction of emotional distress.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
19. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Vince Frallicciardi violated your constitutional or civil rights.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
20. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Vince Frallicciardi should be held liable for wrongful use of civil process, abuse of process, intentional infliction of emotional distress, or negligent infliction of emotional distress.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
21. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Jeff Albert violated your constitutional or civil rights.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
22. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Jeff Albert should be held liable for wrongful use of civil process, abuse of process, intentional infliction of emotional distress, or negligent infliction of emotional distress.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
23. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Don Chasse violated your constitutional or civil rights.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
24. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Don Chasse should be held liable for wrongful use of civil process, abuse of process, intentional infliction of emotional distress, or negligent infliction of emotional distress.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
25. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Town of Madawaska violated your constitutional or civil rights.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. We agree to also provide any specific information at your specific request by email bickcayer@hotmail.com, or on our blog site that can be accessed by anyone. See: ourcivilrights.me
26. To the extent you contend that Defendant Town of Madawaska violated your constitutional or civil rights, please produce all documents or things that you contend constitute or reflect a policy or custom of Defendant Town of Madawaska that was a moving force behind the alleged violations.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. The fact that the Town employees openly discriminate, (equal protection) against us is one rights violation. The Town also denies us hearings, (Due Process,) for alleged violations, evident in much of the information provided. This information is available in all public documents including court filings, code enforcement records, board meeting minutes, and in our Motive document enclosed. The Town has encouraged and supported these illegal acts against us, (policy, or custom,) by raising the budget for legal fees over the years from $500.00, to today’s legal fees budget of $20,000.00, to institute and continue these meritless lawsuits against us.
The Town of Madawaska is vicariously liable under the common law doctrine of agency superior, the responsibility of the superior for the acts of their subordinate or in a broader sense, the responsibility of any third party that had the “right, ability or duty to control” the activities of a violator. In the instant case the Town voted and approved a $20,000 budget to institute and continue these intentional acts against us in bad faith.
27. Please produce all documents or things that you are relying upon to support the contentions in your Complaint that Defendant Town of Madawaska should be held liable for wrongful use of civil process, abuse of process, intentional infliction of emotional distress, or negligent infliction of emotional distress.
RESPONSE: See attached generally, or documents available for inspection at location to be determined. The Town of Madawaska is vicariously liable under the common law doctrine of agency superior, the responsibility of the superior for the acts of their subordinate or in a broader sense, the responsibility of any third party that had the “right, ability or duty to control” the activities of these civil and Constitutional rights violators. This doctrine of vicarious liability is supported by the common law doctrine for liability of the property owner; when a tenant violates any municipal ordinance and the owner had the “right, ability or duty to control” or correct a land use violation, and does not (correct it), the landowner is responsible for the violation. The Town had the right, ability or duty to control its employees. In our case the Town chose to support, continue, and finance the intentional acts by its employees and agents against us, in bad faith, over a period of 31 years. These facts show a clear policy and custom of discrimination against us by the Town of Madawaska and its employees. The documents that support this policy and custom of discrimination against us, are all public documents available at the Town office.
28. Please produce all documents or things that pertain to crimes to which you have pled guilty or nolo contendre or of which you have been convicted or admitted.
RESPONSE: None. Not applicable.
29. Please produce all documents or things that reflect statements, admissions or remedial measures made or taken by the Defendants or the Defendants’ employees or agents that pertain in any way to the occurrence or the claims asserted in the Plaintiffs’ Complaint.
RESPONSE: See attached generally, or documents available for inspection at location to be determined.
30. Please produce all documents or things that pertain to any notices of claim you served on any Defendant with regard to the claims in your Complaint, including the notices themselves, any correspondence that accompanied the notices, any proof of mailing for the notices, and any proof of service or receipt of the notices.
RESPONSE: Defendants already have the Notices of Claim served on them in their possession.
31. Please produce all documents reflecting communications between you and the Defendants.
OBJECTION: This request is overly broad and unduly burdensome. We have documents reflecting communications with the Defendant, the Town of Madawaska, dating back to the 1980’s. Without waiving any objection, see the Response below.
RESPONSE: See attached generally, or documents available for inspection at location to be determined.
32. Please produce all electronic messages or communications (including emails, text messages, social media postings, etc.) that pertain in any way to the allegations in the Plaintiffs’ Complaint or the damages you are claiming in this lawsuit.
OBJECTION: See: our ourcivilrights.me We do not text, and we object to the email request on the grounds that it seeks information that is protected and confidential. Without waiving any objection, see the Response below.
RESPONSE: See attached generally, or documents available for inspection at location to be determined.
33. Please produce all documents or things that pertain to payments or compensation you have received from any person or entity for injuries or damages you claim resulted from the occurrence.
RESPONSE: We have not received any payments or compensation for injuries or damages that I know of or remember.
34. Please produce all documents or things to which you referred in your interrogatory responses or that you reviewed to prepare your interrogatory responses.
RESPONSE: See attached responses generally.
35. Please produce all documents or things that you are relying upon to support your claims in this matter.
RESPONSE: See attached responses generally
Dated: ____________________ _________________________________
Richard Cayer
Dated: ____________________ __________________________________
Ann Cayer
STATE OF MAINE
AROOSTOOK, SS. ___________________, 2019
Personally appeared Richard Cayer and Ann Cayer, and upon oath stated that the above responses are true and correct to the best of their knowledge, information and belief.
Before me,
Notary Public/Attorney at Law