Re: CaseNo. Metro Tristate, Inc. v. Community Pastor Care, LLC. Sincerely, R. Booth Goodwin I1

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1 Sender s Contact: Booth Goodwin Direct: rbg@goodwingoodwin.com April 17,2019 VIA HAND DELIVERY Ingrid Ferrell Executive Secretary 4 Public Service Commission 201 Brooks Street Charleston, West Virginia Re: CaseNo. Metro Tristate, Inc. v. Community Pastor Care, LLC Dear Ms. Ferrell: Enclosed for filing in the above-referenced matter please find an original and twelve (12) copies of COMMUNITY PASTOR CARE, LLC s FIRST SET OF DISCOVERY REQUESTS TO R&R TRANSIT, L.L.C. A copy has been served upon counsel of record. Thank you very much for your assistance in this matter. Sincerely, R. Booth Goodwin I1 Enclosure PBG/jgp

2 LIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Application for a permit to operate as a contract carrier in the transportation of passengers for the Department of Veterans Affairs in West Virginia. METRO TRISTATE, INC., a corporation, V. Complainant, Defendant. CASE NO MC-CC consolidated with CASE NO MC-FC COMMUNITY PASTOR CARE, LLC S FIRST SET OF DISCOVERY REQUESTS TO R&R TRANSIT, L.L.C. Pursuant to Rule 13.6 of the Rules of Practice and Procedure of the Public Service Commission, Community Pastor Care, LLC ( CPC ), requests that R&R Transit, L.L.C. answer each of the following Interrogatories, Requests for Production of Documents and Requests for Admission under oath, in writing, separately, and in the hllest detail possible. The answers and responses shall be signed by the person making them, and a copy of the answers shall be served no later than twenty (20) days after service of these written discovery requests. Please supplement your answers herein if you obtain information on the basis of which you know that

3 the response was incorrect when made or that the response, though correct when made, is no longer true, and the circumstances are such that a failure to amend the response is, in substance, a knowing concealment. As used herein, the terms YOU, Your, and Yourself refer to R&R Transit, L.L.C. (, R&R ), each of their agents, representatives and attorneys, and each person acting or purporting to act on their behalf, INTERROGATORIES 1. Please explain, in detail, how CPC s provision of non-emergency medical transportation pursuant to its contract with the United States Department of Veterans Affairs ( VA ) impairs your ability to provide efficient public service. 2. Please describe your area of service. 3. Please list all vehicles you have used previously to transport patients to and from VA medical facilities and VA clinics in West Virginia. For each vehicle, please provide the make, model, ownership, license number and insurance information. Please also describe any special features, modifications or equipment on the vehicle to make it suitable for nonemergency medical transportation. 4. Please list any additional vehicles, that were not previously described in your answer to Interrogatory No. 3, that are currently available to you to transport patients to and from VA medical facilities and VA clinics. For each vehicle, please provide the make, model, ownership, license number and insurance information. Please also describe any special features, 2

4 modifications or equipment on the vehicle to make it suitable for non-emergency medical transportation. 5. Please describe how you structure the wages, income or other compensation earned by your drivers. 6. Are your drivers your employees or are they independent contractors? 7. Please provide the names, addresses, and telephone numbers for each witness whom you plan to call to testifl at the evidentiary hearing in this matter. Please also provide a description of their anticipated testimony. 8. Are you certified to participate in the VA s Veterans First program? REQUESTS FOR PRODUCTlON OF DOCUMENTS 1. Please produce a copy of any contract or other agreement you have previously entered into with the VA for the provision of non-emergency medical transportation in West Virginia. 2. Please produce a copy of all exhibits you plan to introduce during the evidentiary hearing in this matter. 3

5 3. Please produce a copy of any document, writing, object or recording of any kind that you intend to utilize during your questioning of any witness during the evidentiary hearing in this matter. 4. Please produce a photo of all vehicles described in Interrogatories Nos. 3 and Please produce all financial data and other documentation to support your response to Interrogatory No. 1 regarding how CPC s provision of non-emergency medical transportation pursuant to its contract with the VA impairs your ability to provide efficient public service. REOUEST FOR ADMISSION 1. Admit you do not qualify as a Service Disabled Veteran Owned Small Business. COMMUNITY PASTOR CARE, LLC By Counsel th Goodwii 11, Esq. (WSB #7 165) Stephanie H. Daly, Esq. (WSB #8835) Goodwin & Goodwin, LLP 300 Summers Street, Suite 1500 Charleston, WV (304) /(304)

6 PUBLIC SERVICE C O~~ISSIO~ OF WEST VIRGINIA CHARLESTON Application for a permit to operate as a contract carrier in the transportation of passengers for the Department of Veterans Affairs in West Virginia METRO TRISTATE, INC., a corporation, V. Complainant, Defendant. CASE NO MC-CC consolidated with CASE NO MC-FC CERTIFICATE OF SERVICE I, R. Booth Goodwin 11, counsel for defendant Community Pastor Care, LLC, do hereby certify that sewice of the foregoing COMMUNITY PASTOR CARE, LLC S FIRST SET OF DISCOVERY REQUESTS TO R&R TRANSIT, L.L.C. has been made upon the parties by mailing a true and exact copy thereof, in a properly stamped and addressed envelope this 17th day of April, 2019 to: David B. Hanna, Esq. Thomas N. Hanna, Esq. Hanna & Hanna PLLC P.O. Box 3967 Charleston, West Virginia 5 39 Counsel for Metro Tristate, Inc. and R&R Transit, L.L.C. 5

7 James D. Kauffelt, Esq. Kauffelt & Kauffelt 803 Kanawha Valley Building P.O. Box 3082 Charleston, WV j kauffelt@wvdsl.net Counsel for C&H Company and D&L Limousine Via hand delivery J. Clark, 11, Esq. Public Service Commission of WV 201 Brooks Street Charleston, WV