IN THE UNITED STATES FEDERAL DISTRICT COURT
DISTRICT DIVISION
PLAINTIFF,:
Complainant,:
vs.:CASE NO.:
DEFENDANT:JUDGE
:
DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFF
Defendant, by and through its attorneys, serves the following set of interrogatories upon the Plaintiff to be responded to, pursuant to Rules 33, Federal Rules of Civil Procedure, within thirty (30) days after the date of service.
1.The space for your answer following each Interrogatory is not intended to limit your response or to suggest in any way the length of the answer that is required. If additional space to answer fully is needed, please attach a separate sheet to the page upon which the Interrogatory appears and indicate on such sheet the number of the Interrogatory to which the answer relates.
2.If you refuse to answer any Interrogatory in whole or in part, state clearly the basis for such refusal. If a privilege is claimed, identify any document or communication for which a privilege is claimed and set forth the nature of the privilege asserted.
3.You are under a continuing duty to supplement seasonably your responses with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters, the identity and location of documents relating to the subject matter of the instant litigation, the identity of each person expected to be called as a witness at trial, the identity of each person to be called as an expert witness at trial, and the subject matter on which the expert is expected to testify. You are also under a duty to correct any responses, either incorrect or incomplete at the time it was made, as soon as the fact that the response was incorrect or incomplete is learned.
4.If any Interrogatory is answered by reference to business records, specify such records by description adequate to allow the discovering party to identify such documents with reasonable ease and, if known, specify which of any category of documents so described contain responsive information.
DEFINITIONS
A.As used herein, “Defendant” means the named defendant and all other persons acting or purporting to act with or on behalf of the Defendant, including agents, assigns, successors, and predecessors in interest.
B.As used herein, “Plaintiff” means the named plaintiff, and all other persons acting on or purporting to act with or on behalf of Plaintiff, including agents, assigns, successors, and predecessors in interest.
C.As used herein, the term “Person” denotes natural persons, corporations, political corporations or subdivisions, governments, governmental agencies, partnerships, limited liability companies, groups, firms, associations or other organizations or entities of any description.
D.As used herein, the term “Communication” means any oral or written exchange of words, thoughts, or ideas to another person or persons, whether person to person, in a group, by telephone, by letter, by telex, by email, by instant messaging, by text message or by any other process, electronic or otherwise. All such communications in writing shall include without limitation, printed, typed, handwritten or other readable documents, correspondence, memoranda, reports, contracts, both initial and subsequent diaries, log books, minutes, notes, studies, surveys, and forecasts.
E. As used herein, the term “Relating to” means constituting, defining, containing, embodying, reflecting, identifying, stating, concerning, referring to, dealing with, generated wholly or partly in response to or because of, or in any way pertaining to.
F.As used herein, the term “Identify” has the following meanings:
1. When used in reference to any individual, it means to state the person’s full name; present business address or, if unavailable, last known business address; present home address or, if unavailable, last known home address; and business or governmental affiliation and job title or, if unavailable, last known business or governmental affiliation and job title.
2. When used in reference to any person other than an individual, it means to state the person’s full name and d/b/a/, if any; and present address or, if unavailable, last known address.
3. When used in reference to corporate entities, it means to state the corporate name, and date and place of incorporation, and all of its present business addresses.
4. When used in reference to communications, it means to describe the statements and communications by stating the date and place where they were made; identifying each of the makers and recipients thereof in addition to all the persons present; and indicating the medium of communication. Note: When identifying the date of an oral statement, or communication, the precise date much be given. If only an approximate date is given, it will be presumed that you have no recall or specific knowledge as to the exact date.
INTERROGATORIES
1.Identify each person or persons answering these interrogatories, and any other person(s) consulted in answering these interrogatories.
RESPONSE:
2.Identify each person who has knowledge of facts which support plaintiff’s claims, and for each state whether plaintiff plans to call that person as a witness for trial. For each person identified describe the facts known which supports his/her claims.
RESPONSE:
3.For each person identified in Interrogatory No. 2, state whether the person is an expert witness, and, if so, state the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; also supply the information about the expert which would normally be contained in a resume or biographical summary.
RESPONSE:
4.Please identify the name, address and telephone number of all individuals whom you anticipate calling as a witness at the trial of this matter.
RESPONSE:
5.Please state for Plaintiff all employment between (define date) and the present. For each such employment, state the following:
a)dates of employment;
b)name of employer;
c)nature of job;
d)name of supervisor(s);
e)rate(s) of pay and dates of any changes in the rate of pay;
f)total gross income;
g)other benefits received;
h)value of benefits received; and
i)reason for termination of employment.
RESPONSE:
6.Please state each and every offer of employment Plaintiff declined from (define date) to the present, including the name and address of the company and company official who made the offer of employment, the title of the position offered, the wage or salary offered to Plaintiff, the bonuses and commissions offered or available to Plaintiff, the fringe benefits offered or available to Plaintiff, the date of such offer, the date of Plaintiff's declination/rejection of the offer of employment, and the specific reason(s) for Plaintiff's declination/rejection of the offer of employment.
RESPONSE:
6.If Plaintiff was self-employed between (date) and the present, state the following:
a) nature of self employment;
b)dates of self employment;
c)name under which business was done;
d)names and addresses of all partners or business associates;
e)total gross receipts, expenses and net profits stated separately for each business during each period of self employment; and,
f)amount of the net profits allocated to Roy Mann and to each partner or business associate.
RESPONSE:
7.Please state for Plaintiff the nature and amount of all other income earned between (date) and present.
RESPONSE:
8.Please state for Plaintiff all unemployment compensation, workers’ compensation, welfare benefits or other economic benefits received from (date) to the present, including for each:
a)nature of benefit,
b)dates during which benefits were received,
c)weekly or monthly benefit amount, and
d)total benefits received.
RESPONSE:
9.Please state for Plaintiff an itemized list of all damages he/she is claiming in this lawsuit. This list should state the amounts, the nature of the damages and the type of damage and explain in detail the basis or method of computation.
RESPONSE:
10.Please name all places where Plaintiff has applied for employment from (define date) to present. For each, provide the following:
a)name of business or employer;
b)date or approximate date of application;
c)position(s) applied for;
d)the nature of the duties of the position(s) applied for;
e)person(s) at the business or employer that he had contact;
f)rate of pay and benefits of position(s) applied for;
g)whether he had an interview;
h)date(s) or approximate date(s) of any interviews;
i)name of person(s) with whom Mann had interviews; and,
j)the outcome of applying for employment at the business or employer.
RESPONSE:
11. Has Plaintiff prepared a resume since (define date)? If so, provide the date or approximate date each such resume was prepared.
RESPONSE:
12.Identify each medical doctor, hospital, clinic, psychiatrist, psychologist, chiropractor, physical therapist, counselor or other medical or health care provider which treated Plaintiff since (define date), and for each state the following:
a)approximate dates of treatment;
b)reason for treatment; and,
c)medicines prescribed.
RESPONSE:
13.Please provide any and all facts upon which Plaintiff intends to rely, including the name and position of each and every employee of Defendant involved, to support Plaintiff's claim that Defendant interfered with Plaintiff's rights under the FMLA.
RESPONSE:
14.Please provide any and all facts upon which Plaintiff intends to rely, including the name and position of each and every employee of Defendant involved, to support Plaintiff's claim that Defendant retaliated against the Plaintiff as a result of Plaintiff's protected activity under the FMLA.
RESPONSE:
15.Please provide a summary of all instances of Plaintiff's protected activity(ies) under the FMLA including, but not limited to, the dates of such activity, the nature of the activity, who (on behalf of the Defendant) was aware or made aware of the activity, how and when they were made aware of the protected activity.
RESPONSE:
16.Please provide any and all facts upon which Plaintiff intends to rely, including the name and position of each and every employee of Defendant involved, to support Plaintiff's claim that a nexus exists between Plaintiff's instances of protected activity and the adverse action(s) taken against the Plaintiff.
RESPONSE:
17.Identify each and every individual employed by Defendant, including the individual's name, address, and employment title, whom you claim acted in violation of Plaintiff's federal, state, or constitutional rights.
RESPONSE:
18.Please identify the case caption, name of the court, county of venue, and case number of each lawsuit you have filed against any employer prior to being employed by Nationwide.
RESPONSE:
19.Identify any and all persons who participated in assembling any documents that were produced to Defendant, and for each person identify which particular documents request(s) that person assembled documents in response.
RESPONSE:
20.Identify any and all documents that Plaintiff intends to use as Exhibits at the trial of this action.
RESPONSE:
Respectfully submitted:
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Defendant's First Set of Interrogatories to Plaintiff was served upon the following via U.S. ordinary mail, postage prepaid, and via email this ___th day of ______, 200__.
Plaintiff's counsel
address
Defendant's attorney
VERIFICATION
I, ______, have read the answers to these Interrogatories and state, to the best of my knowledge and belief, that they are true and accurate answers.
______
Signature
______
Title
Sworn to before me and subscribed in my presence this ____ day of ______, 2008.
______
Notary Public
IN THE FEDERAL DISTRICT COURT FOR THE
DISTRICT OF
DIVISION
:
Plaintiff,:
vs.:Case No.
:
Defendant.:
DEFENDANT’S FIRST Request for Production
of Documents to PLAINTIFF
Defendant, by and through its attorney, serves the following request for production of documents upon Plaintiff to be responded to, pursuant to Rule 34, Federal Rules of Civil Procedure, within thirty days after the date of service.
Instructions for Responding
1.Production can be accomplished by mailing the documents within the rule time to the undersigned trial attorney.
2.The documents requested for production include those in the possession, custody, or control of Plaintiff, its agents, representatives, or attorneys.
3.Unless otherwise indicated, these requests refer to the time, place, and circumstances of the occurrences described in the Complaint and any amendments thereto.
4.The term "document(s)" refers to all writings of any kind, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copies or otherwise, including without limitation correspondence; memoranda; notes; diaries; statistics; letters; materials; invoices; orders; directives; interviews; telegrams; minutes; reports; studies; statements; transcripts; summaries; pamphlets; books; interoffice and intraoffice communications, notations of any sort of conversations, telephone calls, meetings or other communications; bulletins; printed matter; teletype; telefax; worksheets; email; test messages; instant message; and all drafts, alterations, modifications, changes and amendments of any of the foregoing; graphic or aural recordings or representations of any kind, including without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, records, motion pictures; and electronic, mechanical, or electrical recordings or representations of any kind, including without limitation, tapes, cassettes, cartridges, discs, chips, and records.
5.Copies, if authenticated, of the original documents may be supplied in response.
6.Each request should be responded to separately; however, a document which is the response to more than one request may, if the relevant portion is so marked or indexed, be produced and referred to in later response.
7.Each request refers to all documents that are either known by Plaintiff to exist or that can be located or discovered by reasonably diligent efforts of the Plaintiff.
8.Please note that Plaintiff is under a continuing duty, pursuant to Fed. R. Civ. P. 26(e), to seasonably supplement the production with documents obtained subsequent to the preparation and filing of a response to each request.
DOCUMENT REQUESTS
1.Produce any documents used or referred to in answering Defendant’s First Set of Interrogatories.
RESPONSE:
2.Produce all documents relating in any way to Plaintiff’s employment, or termination of employment with the Defendant.
RESPONSE:
3.Produce all records relating to any of the treatment described in response to Interrogatory No. 12.
RESPONSE:
4.Produce all notes or diaries or other documents which contain information relating to any of the following:
a)past or present employees of Defendant; or
b)Plaintiff’s claims against Defendant.
RESPONSE:
5.Produce all records relating to Plaintiff’s search for employment since (define date), including any resume(s).
RESPONSE:
6.Produce all documents showing Plaintiff’s income since (define date), including, but not limited to, Plaintiff’s federal, state and local income tax returns for (define years), and any check stubs or other documents showing Plaintiff’s sources of income in (define years).
RESPONSE:
7.Please produce all documents upon which you intend to rely as evidence of your FMLA interference claim.
RESPONSE:
8.Please produce all documents upon which you intend to rely as evidence of your FMLA retaliation claim.
RESPONSE:
9.Please produce any and all documents in your possession or the possession of your legal representative that record, support, regard, relate to, and/or refer to any of the allegations in paragraphs __ through __ of the Complaint.
RESPONSE:
10.Please produce all documents which substantiate, memorialize, record, relate to, summarize, and/or identify the damages you claim as a result of the allegations in the Complaint, including, but not limited to, calculations of back pay, front pay, accrued vacation time, punitive damages, compensatory damages, non-economic damages, attorney's fees, costs and expert witness fees.
RESPONSE:
11.Please produce copies of any tape recording(s) of any disciplinary hearings, conversation(s) or meeting(s) between you and any employee, supervisor, manager, or agent of Defendant which occurred during the time period through .
RESPONSE:
12.Please produce copies of all statements obtained by you or obtained by someone else on your behalf from any employee, agent, supervisor and/or manager of Defendant regarding any allegation and/or claim made by you in the Complaint.
RESPONSE:
13.Please produce all documents, memoranda, and/or correspondence relating to any lawsuits, administrative charges and complaint(s) of FMLA retaliation, FMLA interference that you have ever asserted against Defendant or any other employer, supervisor, individual or entity.
RESPONSE:
14.Please produce all company documents in the possession of Plaintiff at the time of Plaintiff's termination. For each such document, indicate how, when and from whom it was obtained.
RESPONSE:
15.Produce each and every document that Plaintiff intends to use as Exhibits at the trial of this action.
RESPONSE:
Respectfully submitted:
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Defendant's First Set of Document Requests to Plaintiff was served upon the following via U.S. ordinary mail, postage prepaid, and via email this ___th day of ______, 200__.
Plaintiff's counsel
address
Defendant's attorney
1