SET NUMBER: 1
PROPOUNDING PARTY: CHRISTINE BAKER
RESPONDING PARTY: CBSK FINANCIAL GROUP, INC.
PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
Plaintiff hereby requests that Defendant CBSK FINANCIAL GROUP, INC. (“CBSK”), respond to this First Set of Requests for Production of Documents in accordance with the Definitions and Instructions attached hereto as Exhibit “A”, which are by reference fully incorporated and restated herein separately and fully within each request, within forty (40) days pursuant to the Arizona Rules of Civil Procedure.
Produce a copy of all documents related to this matter, related to the allegations of the Complaint, or related to any defenses.
RESPONSE:
Produce a copy of all documents consulted or referred to in answering Plaintiff’s First Set of Interrogatories or Plaintiff’s First Set of Requests for Admissions.
RESPONSE:
Produce a copy of all documents you intended to introduce at trial.
RESPONSE:
Produce a copy of all documents that any witness will rely upon at trial or in the giving of any testimony.
RESPONSE:
Produce a copy of all correspondence, contracts, e-mails, letters, or other documents between CBSK and any other entity concerning the sending of advertising materials via facsimile.
RESPONSE:
Produce a copy of all documents CBSK contends support the answers to any interrogatory or admission.
RESPONSE:
Produce a copy of all documents or correspondence related to any lawsuits alleging any violations of the TCPA, filed against CBSK, any predecessor, successor, or affiliated entity of Defendant, or against any officer, director, manager, employee, contractor, or agent of Defendant.
RESPONSE:
Produce a copy of all documents and communications involving or related to any complainants, including but not limited to individuals, businesses, offices of any federal agency, and/or offices of any state agency or any political subdivision thereof, who have made any type of complaints against CBSK, any predecessor or successor to Defendant, or against any officer, director, manager, employee or contractor of Defendant, complaining of any alleged violations of the TCPA, regardless of whether suit arose out of such complaints.
RESPONSE:
Respectfully submitted on June 3, 2005,
______
Christine Baker
[Redacted]
Plaintiff Pro Se
APPENDIX “A”
INSTRUCTIONS
The person responding to a request should have knowledge to answer said questions. If another person has superior knowledge on certain questions, that other person should respond to that request and be so designated. If such person is unavailable, that person should be fully identified and the nature and scope of their knowledge and the reasons that such person's knowledge is or is believed to be superior, explained fully.
In responding to these requests, furnish all information, however obtained, including hearsay which is available to you and any information known by you, in your possession, or appearing in your records.
These are intended as continuing requests having within them a duty to timely supplement the responses until and during the course of trial.
Information sought by these requests that you obtain after you serve your responses must be disclosed to the Plaintiff by supplementary responses.
It is intended by this set of requests to elicit information not merely within your knowledge, but obtainable by you or on your behalf.
You may not claim lack of information or knowledge as grounds for failing to respond to any request or as grounds for giving an incomplete or partial response to any request without exercising due diligence to secure the full information needed to do so. Where you rely or respond based on information provided to you from any other person, fully identify that person and how you obtained the information from them. Where you rely on information in any document, specifically identify the document and identify the person who has custody of that document.
If you can not respond to a request in full after exercising due diligence to secure the full information needed to do so, so state and respond to the extent possible, specifying your inability to respond to the remainder, stating whatever information or knowledge you have concerning the unresponded portion and detailing what you did in attempting to secure the unknown information.
If any request is objected to on the basis of an assertion of a privilege, identify the privilege claimed and state the specific factual grounds for the applicability of the privilege to the responsive information.
If any request is objected to on the basis that the time period covered by the request is irrelevant, burdensome, irrelevant, or otherwise inappropriate, state what time period you consider proper for that request and answer the request for that time period, preserving your objection to the remainder of the time period.
If you choose to provided in electronic media or machinereadable form (such as computer disk, cartridge, tape, punch cards, or other nonprinted media) any answers, documents, or other materials in your answers, you must provide all information and things necessary for the Plaintiff or his agent to fully access, read, and decode into plain English text all data and files so provided.
DEFINITIONS
As used herein, the term “PERSON” includes any natural or artificial person, public entity, firm, association, organization, subsidiary, partnership, business, trust corporation, government office or agency, political subdivision, or any other organization, regardless of whether such is dissolved, altered, disbanded, defunct, or otherwise not in its original form.
As used herein, “YOU” or “YOUR” or “CBSK” mean and refer to Defendant, CBSK FINANCIAL GROUP, INC., its corporate or business predecessors, if any, its affiliates, aliases d/b/a, subsidiaries, employees, contractors, attorneys, investigators, agents, officers, or any other PERSON under its control or direction, or acting or purporting to act on YOUR behalf.
As used herein, the “ACT” or “TCPA” means and refers both individually and collectively to 47 U.S.C. §227, 47 C.F.R. §64.1200, Report and Order (“R&O”) adopted by the Federal Communication Commission September 17, 1992 and Memorandum Opinion and Order (“MO&O”) adopted by the Federal Communication Commission July 26, 1995, and other such promulgations of the Federal Communication Commission addressing interpretation and implementation of same.
As used herein, “CORRESPONDENCE” means all written and unwritten but recorded whether in total or in summary, communications, including nonduplicate drafts, versions not sent, and copies that differ only in margin notes or annotations, including memos, letters, analog or digital recordings, voice mail, Email, computer files, computer disks, or other correspondence or things sent or received by YOU to or from any entity, including correspondence or files maintained or exchanged internally within YOUR business or with YOUR employees.
As used herein, “DOCUMENTS” means all documents and records regardless of media or storage mechanism, including nonduplicate drafts, versions not sent, and copies that differ only in margin notes or annotations, of memos, letters, analog or digital recordings, Email, tapes, cassettes, logs, books, papers, contracts, computer disks, and computer files. This includes all such DOCUMENTS not only in YOUR possession, but those under YOUR control and those YOU can obtain from other parties, computer tapes, backup media, archives, or other storage vehicles.
As used herein, the terms “last three years”, “prior three year period” or “previous three years” and similar terms means and refers to the period of time from January 1, 2002 to the current date, inclusive.
“And” as well as “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of these requests any information which might otherwise be construed to be outside its scope.
“Any” and “all” shall be construed to include “each” and “each and every.”
All other terms shall be construed as necessary to bring within the scope of these requests any information which might otherwise be construed to be outside its scope.
Where a request addresses acts or omissions of any entity, it shall be construed and interpreted to apply to the acts or omissions of that entity and the acts or omissions of that entity's employees, assigns, contractors, and any other agent of that entity.
CERTIFICATE OF SERVICE
I hereby certify that the original and one copy of the foregoing have been mailed certified to:
Amy Schwartz
BEAUGUREAU, ZUKOWSKI & HANCOCK
2111 East Highland Ave., Suite 255
Phoenix, AZ 85016
ATTORNEY FOR CBSK FINANCIAL GROUP, INC.
A copy of the foregoing mailed first class to:
Laura Archer
ARCHER FINANCE, INC.
2929 Newport Blvd
Newport Beach, CA 92663-3725
Douglas L. Irish
LEWIS AND ROCA
40 North Central Avenue
Phoenix, AZ 85004
ATTORNEY FOR WELLSTONE FILTERS, INC.
______
Christine Baker
Production Requests Page 4