Weisel Ross Question

Case 1:10-cv-00976-RLW Document 160-6 Filed 04/09/14 Page 1 of 73
United States ex rel. Landis v. Tailwind, et al. Case No. 1:10-cv-00976-RLW (D.D.C.)
EXHIBIT D
Declaration of Paul D. Scott in Support of Relators Motion to Compel Responses to Relators First Sets of Requests for Production of Documents to Defendants Thomas Weisel and Ross Investments, Inc.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) Plaintiff, ) v. ) ) TAILWIND SPORTS CORPORATION, et ) al. ) ) Defendants. ) UNITED STATES OF AMERICA ex rel. FLOYD LANDIS,
Case No. 1:10-cv-00976-RLW
DEFENDANT ROSS INVESTMENTS, INC.S RESPONSES AND OBJECTIONS TO RELATORS FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ROSS INVESTMENTS, INC. Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure and Local Civil Rule 26.2 of the Rules of the United States District Court for the District of Columbia, Defendant Ross Investments, Inc. (Ross Investments) hereby serves its responses and objections to Relators First Set of Requests for Production of Documents to Defendant Ross Investments, Inc., dated December 22, 2013 (the Requests).
PRELIMINARY STATEMENT
1. Relators Second Amended Complaint for Violations of Federal False Claims Act
(Dkt. No. 42) is devoid of factual allegations connecting Ross Investments to the subject matter of this action. Nevertheless, Relator has served on Ross Investments 94 requests for the
production of documents. These 94 requests are virtually identical to the 95 requests for the production of documents that Relator served on defendant Thomas W. Weisel. As set forth in Defendant Thomas W. Weisels Responses and Objections to Relators First Set of Requests for Production of Documents to Defendant Thomas Weisel, served simultaneously herewith, Mr. Weisel has agreed to produce, after entry of a suitable confidentiality order and at a date and time mutually agreeable to Relator and Mr. Weisel, all of the documents that Mr. Weisel
produced to the U.S. Department of Justice in response to the subpoena duces tecum served on him by the U.S. Postal Service Office of the Inspector General, dated November 4, 2010. Those documents, which total nearly 136,000 pages, were produced after Mr. Weisel and/or his attorneys conducted a reasonable search for documents responsive to the subpoena duces tecum. Documents concerning Ross Investments in connection with the subject matter of this action, if any, are included within those documents. As set forth below in response to specific Requests, Ross Investments will produce additional relevant, non-objectionable, non-privileged documents that are responsive to the Requests and that are within Ross Investments possession, custody, or control, should any such documents or information be located after a reasonable search. 2. Ross Investments general objections (General Objections) to the Requests are
set forth below. The General Objections shall be deemed continuing and, to avoid the necessity of restating in full each objection, the General Objections are incorporated in full within each response where applicable as if fully set forth in such response. The assertion of additional, specific objections to certain Requests shall not be construed as a waiver of any applicable General Objection to such Requests. 3. The following responses (Responses) are based on Ross Investments
knowledge, information, and belief at this time, and are complete to the best of Ross Investments knowledge at this time. Furthermore, these Responses were prepared based on Ross Investments good faith interpretation and understanding of the Requests and are subject to correction for inadvertent errors or omissions, if any. 4. Ross Investments General Objections and any specific objection to the Requests
do not concede the admissibility, relevancy, originality, truth, accuracy, completeness, or authenticity of any document produced by him. Ross Investments reserves the right to challenge
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the relevancy, competency, materiality, authenticity and admissibility of the information provided by him. Moreover, Ross Investments reserves the right to supplement or amend the Responses at any time prior to trial or as otherwise permitted by applicable law, the Federal Rules of Civil Procedure or the rules of this Court, but, except as provided in Rule 26(e) of the Federal Rules of Civil Procedure, Ross Investments assumes no obligation to voluntarily supplement or amend the Responses to reflect information, evidence, documents, or things discovered following service of these Responses. 5. Ross Investments Responses to each and every Request are without waiver or
limitation of its right to object on grounds of competency, relevancy, privilege, materiality, confidentiality, authenticity, or admissibility of evidence for any purpose, or any other ground for objection to the use of any information or documents provided or referred to in these Responses, in discovery or in any proceeding, or at a trial of this or any other action. Ross Investments Responses are made solely for the purposes of this action, and for no other purpose, and are provided subject to that limitation. 6. To the extent that any Request seeks documents that are also sought by or
identified pursuant to any other Request, Ross Investments declines to produce or identify multiple copies of such documents. Each document produced or identified pursuant to any Request is also produced pursuant to every other Request to which it is or may be responsive. Any and all documents will be produced at a mutually agreeable date and time only after sufficient time to conduct a reasonable search and inquiry. 7. Ross Investments Response to a particular Request to produce documents or
provide information is not an admission that any such documents or information exist. Where Ross Investments undertakes to conduct a reasonable search for responsive documents, Ross
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Investments represents only that it will produce subject to all objections raised herein or hereafter relevant, non-objectionable, non-privileged documents that are responsive to the Requests and that are within Ross Investments possession, custody, or control, should any such documents or information be located after a reasonable search. 8. Ross Investments provides these Responses subject to all appropriate objections
that may be made later in this action, including, but not limited to, objections concerning competency, relevancy, materiality, propriety, and admissibility, which would require the exclusion of any information, document, or thing produced in response to the Requests. Ross Investments reserves the right to interpose any such objection at the time of a later deposition, hearing, or trial.
GENERAL OBJECTIONS
1. Ross Investments objects to the Requests and the Definitions and Instructions to
the extent that they seek to impose any obligation on Ross Investments exceeding those imposed by applicable law, the Federal Rules of Civil Procedure, or the rules of this Court. Ross Investments will construe and respond to the Requests in accordance with its obligations under the Federal Rules of Civil Procedure and the rules of this Court. 2. Ross Investments objects to each and every Request on the ground and to the
extent that it seeks documents and information that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 3. Ross Investments objects to each and every Request on the ground and to the
extent that it assumes facts that are not in evidence or are subject to dispute. Ross Investments response to any such Request is not intended to be construed, and shall not be construed, to reflect its agreement to any such assumed fact or facts.
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4.
Ross Investments objects to the Requests to the extent that they seek documents
or information protected from disclosure by the attorney-client privilege, attorney work product doctrine, or any other privilege or immunity. By producing documents and information in response to these Requests, Ross Investments neither intends to waive nor shall be deemed to have waived the attorney-client privilege, the protections of the attorney work product doctrine, or any other applicable privilege or immunity. 5. Ross Investments objects to the Requests to the extent that they are vague,
ambiguous, overly broad, unduly burdensome, or unreasonably duplicative, and to the extent that they seek documents or information not relevant to Relators claims in this action. 6. Ross Investments objects to the Requests to the extent that they are unreasonably
cumulative or duplicative. 7. Ross Investments objects to the Requests to the extent that they seek private,
privileged, and confidential commercial, financial, and/or proprietary business information. Documents containing any such information will only be produced subject to the protections of a suitable confidentiality order. 8. Ross Investments objects to the Requests to the extent that they purport to require
anything beyond a reasonable search for documents, including to the extent that they seek the production of documents maintained on backup tapes or similar archived media, or in other locations that are not readily accessible, on the ground that it would be unduly burdensome for Ross Investments to search for and produce such documents. In responding to the Requests, Ross Investments will search to the extent it has not already done so its files covering a reasonable time period and, where appropriate, using reasonable search terms.
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9.
Ross Investments objects to the Requests to the extent that they seek information
or documents already in the possession of Relator or to which Relator has or had access. 10. Ross Investments objects to the Requests to the extent that they seek the
production of documents that are not currently within its possession, custody, or control. Without limiting the foregoing objection, Ross Investments objects to the Requests to the extent that they seek documents in the possession, custody, or control of its attorneys, advisors, agents, representatives, employees, or other person or entities acting on its behalf or under its control. 11. Ross Investments objects to the definition of the term COMMUNICATION on
the grounds that it is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. Ross Investments further objects to the extent that the definition purports to impose obligations on Ross Investments that are not required under Rules 26 or 34 of the Federal Rules of Civil Procedure or Local Civil Rule 26.2 of the rules of this Court. 12. Ross Investments objects to the definition of the term CSE on the grounds that
it is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. For purposes of these Responses, Ross Investments understands that the term CSE refers to Capital Sports and Entertainment Holdings, Inc. and any d/b/a thereof. 13. Ross Investments objects to the definition of the term DOCUMENT to the
extent that the definition is overly broad, would make compliance with the Requests unduly burdensome, and purports to require the production of documents or information neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments will interpret the word DOCUMENT in a manner
consistent with Rules 26 and 34 of the Federal Rules of Civil Procedure and the ordinary meaning of the term.
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14.
Ross Investments objects to the definition of the term DOPING on the grounds
that it is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. For purposes of these Responses, Ross Investments understands that the term DOPING refers to the use of prohibited substances or prohibited methods to increase performance in bicycle racing. 15. Ross Investments objects to the definition of the term IDENTIFY to the extent
that it purports to impose obligations on him that are not required under Rules 26 or 34 of the Federal Rules of Civil Procedure or Local Civil Rule 26.2 of the rules of this Court. 16. Ross Investments objects to the definition of the term ROSS INVESTMENTS,
INC. on the grounds that it is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. For purposes of these Responses, Ross Investments understands that the term ROSS INVESTMENTS, INC. refers to Thomas Weisel Investment Management, Inc., Ross Investments, Inc., and any d/b/a thereof. 17. Ross Investments objects to the definition of the term TAILWIND on the
grounds that it is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. For purposes of these Responses, Ross Investments understands that the term TAILWIND refers to Montgomery Sports, Inc.; TWP Sports, Inc.; Tailwind Sports, LLC; Tailwind Sports Corporation; Tailwind Sports Corp.; Tailwind Sports, Inc.; Disson Furst and Partners, LLC; Disson Furst & Partners, LLC; DFP Cycling, LLC; Tailwind Cycling, LLC; and any d/b/a thereof. 18. Ross Investments objects to the definition of the term THOMAS WEISEL
PARTNERS on the grounds that it is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. For purposes of these Responses, Ross
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Investments understands that the term THOMAS WEISEL PARTNERS refers to Thomas Weisel Partners, LLP; Thomas Weisel Partners, LLC; Thomas Weisel Partners Group, Inc.; Thomas Weisel Global Growth Partners; Thomas Weisel Capital Partners; Tailwind Capital; and Tailwind Capital Partners; and any d/b/a thereof. 19. Ross Investments objects to the definition of the term UCI on the grounds that it
is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. For purposes of these Responses, Ross Investments understands that the term UCI refers to the Union Cycliste Internationale. 20. Ross Investments objects to the definition of the term U.S. INVESTIGATION
on the grounds that it is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. For purposes of these Responses, Ross Investments
understands that the term U.S. INVESTIGATION refers to the investigation of Relators claims and allegations by the U.S. Department of Justice and the U.S. Postal Service Office of the Inspector General during the 2010 to 2013 period and the investigation of Lance Armstrong by the U.S. Attorneys Office for the Central District of California during the 2010 to 2012 period. 21. Ross Investments objects to the definition of the term USADA on the grounds
that it is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. For purposes of these Responses, Ross Investments understands that the term USADA refers to the United States Anti-Doping Agency. 22. Ross Investments objects to the definition of the term U.S. POSTAL SERVICE
on the grounds that it is overly broad, vague, and ambiguous, and would make compliance with the Requests unduly burdensome. For purposes of these Responses, Ross Investments
understands that the term U.S. POSTAL SERVICE refers to the United States Postal Service.
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23.
Ross Investments objects to the definition of the term USPS TEAM on the
grounds that it is overly broad, vague, and ambiguous, and would make compliance with these requests unduly burdensome. For purposes of these Responses, Ross Investments understands that the term USPS TEAM refers to the cycling team that was sponsored by the U.S. Postal Service pursuant to the SPONSORSHIP AGREEMENTS during the 1995 to 2004 period. 24. Ross Investments objects to the definition of the term WADA on the grounds
that it is overly broad, vague, and ambiguous, and would make compliance with these requests unduly burdensome. For purposes of these Responses, Ross Investments understands that the term WADA refers to the World Anti-Doping Agency. 25. Ross Investments objects to the definition of the terms YOU/YOUR on the
grounds that they are overly broad, vague, and ambiguous, and would make compliance with the requests unduly burdensome. For purposes of these Responses, Ross Investments understands that the terms YOU/YOUR refer to defendant Ross Investments, Inc. 26. Ross Investments objects to Instruction No. 1 to the extent that it purports to
impose obligations on him that are not required under Rules 26 or 34 of the Federal Rules of Civil Procedure or Local Civil Rule 26.2 of the rules of this Court. Particularly, Ross
Investments objects to Instruction No. 1 to the extent that it calls for the production of documents that are not within its possession, custody, or control. 27. Ross Investments objects to Instruction No. 2 to the extent that it purports to
impose obligations on him that are not required under Rules 26 or 34 of the Federal Rules of Civil Procedure or Local Civil Rule 26.2 of the rules of this Court. 28. Ross Investments objects to Instruction No. 5 to the extent that it requires him to
prepare and provide a privilege log containing information that differs from, adds to, or is
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otherwise inconsistent with the requirements of the Federal Rules of Civil Procedure or the rules of this Court. 29. Ross Investments objects to Instruction No. 7 to the extent that it purports to
impose obligations on him that are not required under Rules 26 or 34 of the Federal Rules of Civil Procedure or Local Civil Rule 26.2 of the rules of this Court. 30. Ross Investments objects to Instruction No. 9 on the grounds that it is overly
broad, vague, and ambiguous, and would make compliance with these Requests unduly burdensome. 31. Ross Investments objects to Instruction No. 10 to the extent that it does not
include a reasonable time limitation and seeks documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 32. Ross Investments objects to Instruction No. 11 to the extent that it purports to
impose an obligation on him that is not required under the Federal Rules of Civil Procedure or the rules of this Court.
SPECIFIC RESPONSES AND OBJECTIONS

In addition to the General Objections stated above, which are all hereby incorporated into each and every response and objection set forth below, Ross Investments responds and objects to the specific Requests as follows: REQUEST NO. 1: ALL DOCUMENTS YOU have provided in response to the U.S. INVESTIGATION, including, but not limited to, any DOCUMENTS YOU have provided in response to any subpoena or other request for DOCUMENTS, in the same format as provided to the United States, and with the same Bates numbering or any other numbering, if applicable.
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RESPONSE TO REQUEST NO. 1: In addition to the foregoing General Objections, Ross Investments states that it has not provided any documents in response to the U.S. INVESTIGATION. REQUEST NO. 2: ALL DOCUMENTS YOU have provided to USADA RELATING TO the USADA INVESTIGATION, in the same format as provided to USADA, and with the same Bates numbering or any other numbering, if applicable. RESPONSE TO REQUEST NO. 2: Subject to and without waiving the foregoing General Objections, Ross Investments states that it has not provided any documents to USADA relating to the USADA Investigation. REQUEST NO. 3: ALL DOCUMENTS YOU have provided to UCI RELATING TO any investigation or inquiry by UCI, in the same format as provided to UCI, and with the same Bates numbering or any other numbering, if applicable. RESPONSE TO REQUEST NO. 3: Subject to and without waiving the foregoing General Objections, Ross Investments states that it has not provided any documents to the UCI in connection with any investigation or inquiry by the UCI. REQUEST NO. 4: ALL DOCUMENTS YOU have provided in connection with any investigation or inquiry into DOPING by any entity or person other than the United States, USADA, or UCI in the same format as provided to such entity or person, and with the same Bates numbering or any other numbering, if applicable.
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RESPONSE TO REQUEST NO. 4: In addition to the foregoing General Objections, Ross Investments states that it has not provided any documents to any entity or person in connection with such entity or persons investigation or inquiry into doping. REQUEST NO. 5: ALL of your responses to discovery in any civil or administrative proceeding RELATING TO allegations of DOPING by Armstrong or the USPS TEAM. RESPONSE TO REQUEST NO. 5: Subject to and without waiving the foregoing General Objections, Ross Investments states that it has not provided any responses to any discovery in any civil or administrative proceeding relating to allegations of doping by Armstrong or the USPS Team. REQUEST NO. 6: ALL COMMUNICATIONS RELATING TO any inquiry or investigation RELATING TO Lance Armstrong or the USPS TEAM by the United States, USADA, USA Cycling or UCI. RESPONSE TO REQUEST NO. 6: In addition to the foregoing General Objections, Ross Investments objects to this Request on the grounds that it is vague, ambiguous, overly broad, and unduly burdensome, particularly insofar as it fails to define the terms inquiry or investigation and seeks communications relating to any inquiry or investigation of the USPS Team (regardless whether such inquiry or investigation concerned doping) as such communications are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request to the extent
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that it seeks the production of documents protected from disclosure by the attorney-client privilege, the attorney work product doctrine or any other privilege or immunity. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 7: ALL COMMUNICATIONS between YOU and any other person or entity RELATING TO any investigation of DOPING in cycling, including, but not limited to, the following: the U.S. INVESTIGATION; the USADA INVESTIGATION; any investigation or inquiry associated with the UCI or any related commission or organization; the French investigation into the use of Actovegin by the USPS Team in 2000; the Italian criminal investigation into Michelle Ferrari; the investigation into LEquipes allegations in 2005 that Lance Armstrong used EPO during the 1999 Tour De France; the Festina affair in 1998; and Operation Puerto in 2006. RESPONSE TO REQUEST NO. 7: In addition to the foregoing General Objections, Ross Investments objects to this Request on the grounds that it is vague, ambiguous, overly broad, and unduly burdensome, particularly insofar as it fails to define the terms inquiry or investigation and seeks information that is neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request to the extent that it seeks the production of documents protected from disclosure by the attorney-client privilege, the attorney work product doctrine or any other privilege or immunity. Subject to and without waiving the foregoing objections, Ross Investments states that he has not provided any documents to any entity or person in connection with such entity or
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persons investigation or inquiry into doping. Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 8: ALL COMMUNICATIONS between YOU and any person or entity RELATING TO any allegations in books, news articles or other media outlets regarding DOPING by Lance Armstrong or the USPS Team. RESPONSE TO REQUEST NO. 8: In addition to the foregoing General Objections, Ross Investments objects to this Request on the grounds that it is vague, ambiguous, overly broad, and unduly burdensome, particularly insofar as it seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents that are protected from disclosure by the attorney-client privilege, the attorney work product doctrine or any other privilege or immunity. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 9: ALL DOCUMENTS RELATING TO the U.S. INVESTIGATION, the USADA INVESTIGATION, DOPING, or this case.
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RESPONSE TO REQUEST NO. 9: In addition to the foregoing General Objections, Ross Investments objects to this Request on the grounds that it is overly broad and unduly burdensome, particularly insofar as it fails to define this case and seeks the production of all documents relating to DOPING (regardless whether they concern the USPS TEAM or even bicycle racing). Ross Investments further objects to this Request to the extent that it seeks the production of documents protected from disclosure by the attorney-client privilege, the attorney work product doctrine or any other privilege or immunity. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 10: ALL COMMUNICATIONS or DOCUMENTS RELATING TO any alleged failure by Lance Armstrong or any other rider on the USPS TEAM to comply with testing for DOPING or evading testing for DOPING. RESPONSE TO REQUEST NO. 10: In addition to the foregoing General Objections, Ross Investments objects to this Request on the grounds that it is vague, ambiguous, overly broad, and unduly burdensome. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter
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of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 11: ALL DOCUMENTS and COMMUNICATIONS RELATING TO denials of DOPING by TAILWIND, the USPS TEAM or any of the riders on the team. RESPONSE TO REQUEST NO. 11: In addition to the foregoing General Objections, Ross Investments objects to this Request on the grounds that it is vague, ambiguous, overly broad, and unduly burdensome. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 12: ALL DOCUMENTS RELATING TO any positive, potentially positive, or abnormal test results for DOPING by Lance Armstrong or any other rider on the USPS TEAM. RESPONSE TO REQUEST NO. 12: In addition to the foregoing General Objections, Ross Investments objects to this Request on the grounds that it is vague, ambiguous, overly broad, and unduly burdensome. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter
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of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 13: ALL COMMUNICATIONS preserved on an audio or video recording, in which any part of the COMMUNICATION relates to DOPING. RESPONSE TO REQUEST NO. 13: Subject to and without waiving the foregoing General Objections, Ross Investments states that it does not have any documents responsive to Request No. 13 within its possession, custody, or control. REQUEST NO. 14: ALL WRITTEN CONTRACTS of any type between YOU, or any entity controlled by YOU, and any of the other DEFENDANTS. RESPONSE TO REQUEST NO. 14: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 15: ALL WRITTEN CONTRACTS between Lance Armstrong and any entity other than TAILWIND which operated a cycling team. RESPONSE TO REQUEST NO. 15: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 16: ALL WRITTEN CONTRACTS, which referred to or RELATED TO the USPS Team, Lance Armstrong or cycling, between any person or entity who was a sponsor of the USPS TEAM and any of the following: TAILWIND, ANY OF THE CSE RELATED ENTITIES, Tailwind Capital Partners, Thomas Weisel Partners, YOU, Livestrong, Thomas Weisel, Johan Bruyneel, William Stapleton or Bart Knaggs. RESPONSE TO REQUEST NO. 16: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is vague, ambiguous, overly broad, and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence.
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Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 17: ALL COMMUNICATIONS and DOCUMENTS RELATING TO Lance Armstrongs rider contracts with TAILWIND. RESPONSE TO REQUEST NO. 17: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 18: ALL DOCUMENTS RELATING TO the SPONSORSHIP AGREEMENTS, including, but not limited to, all executed copies, drafts, amendments, novations, modifications, extensions, exhibits thereto, and any correspondence or other COMMUNICATIONS relating thereto.
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RESPONSE TO REQUEST NO. 18: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 19: ALL of TAILWINDs WRITTEN CONTRACTS with any entities other than the U.S. POSTAL SERVICE RELATING TO sponsorship of the USPS TEAM, including, but not limited to, executed copies of such agreements. RESPONSE TO REQUEST NO. 19: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time,
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non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 20: ALL WRITTEN CONTRACTS of TAILWIND, or any rider on the USPS TEAM, or any sponsor of the USPS TEAM which contain a morals clause or a reference to DOPING, including, but not limited do, any sponsorship or promotion agreements. RESPONSE TO REQUEST NO. 20: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is vague, ambiguous, overly broad, and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 21: ALL WRITTEN CONTRACTS between TAILWIND and its riders. RESPONSE TO REQUEST NO. 21: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor -21-
reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 22: ALL DOCUMENTS RELATING to any cancellations of, or any other changes to, any sponsor agreement RELATING TO DOPING by Lance Armstrong or DOPING by any other rider for TAILWIND. RESPONSE TO REQUEST NO. 22: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is vague, ambiguous, overly broad, and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 23: ALL DOCUMENTS or COMMUNICATIONS RELATING TO claims for payment to the U.S. POSTAL SERVICE under the SPONSORSHIP AGREEMENTS. RESPONSE TO REQUEST NO. 23: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 24: ALL DOCUMENTS RELATING TO TAILWINDs receipt of payments from the U.S. POSTAL SERVICE under the SPONSORSHIP AGREEMENTS. RESPONSE TO REQUEST NO. 24: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control.
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Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 25: ALL articles of incorporation, amended articles of incorporation, articles of organization, amended articles of organization, operating agreements, bylaws, amended bylaws, and shareholder registers of TAILWIND from 1987 through December 31, 2007. RESPONSE TO REQUEST NO. 25: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a 17-and-one-half-year period (1987 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a 13-and-one-half-year period (1987 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 26: ALL filings with any state government entity or the Securities and Exchange Commission by TAILWIND from 1987 through the present. RESPONSE TO REQUEST NO. 26: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a 17-and-one-half-year period (1987 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a 13-and-one-half-year period (1987 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 27: The DOCUMENTS used to accomplish the sale of TAILWINDs shares to its shareholders or partners. RESPONSE TO REQUEST NO. 27: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is vague, ambiguous, overly broad, and unduly burdensome and
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seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments also objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 28: ALL DOCUMENTS RELATING TO the sale of TAILWIND shares to YOU. RESPONSE TO REQUEST NO. 28: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 29: ALL DOCUMENTS RELATING TO the sale of TAILWIND shares to Thomas Weisel, Lance Armstrong, William Stapleton, Bart Knaggs, or CSE. RESPONSE TO REQUEST NO. 29: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 30: DOCUMENTS sufficient to show the ownership interests in TAILWIND from 1987 through the date of its dissolution. RESPONSE TO REQUEST NO. 30: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a 17-and-one-half-year period (1987 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a 13-and-one-half-year period (1987 to
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June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 31: DOCUMENTS that show the officers, directors, employees and agents of TAILWIND from 1987 through the present. RESPONSE TO REQUEST NO. 31: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a 17-and-one-half-year period (1987 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a 13-and-one-half-year period (1987 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time,
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non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 32: ALL DOCUMENTS that show the ownership interests in THOMAS WEISEL PARTNERS held by any shareholder, officer, director, employee or agent of TAILWIND, from January 1, 1999 through the present. RESPONSE TO REQUEST NO. 32: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. REQUEST NO. 33: ALL DOCUMENTS that show the ownership interests in Montgomery Securities held by any shareholder, officer, director or employee of TAILWIND, from 1987 through the date Montgomery Securities ceased to exist. RESPONSE TO REQUEST NO. 33: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Relator alleges in his complaint that Montgomery Securities ceased to exist at the latest in 1999 (Dkt. No. 42, 7); accordingly, any documents responsive to this Request concern a time period that is outside of
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any applicable statute of limitations. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 34: ALL board minutes of TAILWIND from January 1, 1987 through December 31, 2007. RESPONSE TO REQUEST NO. 34: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a 17-and-one-half-year period (1987 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a 13-and-one-half-year period (1987 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter
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of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 35: ALL DOCUMENTS showing what the assets of Tailwind Sports Corporation were upon its dissolution and how such assets were distributed. RESPONSE TO REQUEST NO. 35: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 36: ALL annual or other periodic financial statements (including balance sheets and profit and loss statements) for TAILWIND from 1995 through the present. RESPONSE TO REQUEST NO. 36: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks -31-
documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 37: ALL Private Placement Memoranda issued by TAILWIND from 1995 through the present. RESPONSE TO REQUEST NO. 37: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control.
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Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 38: TAILWINDs federal and state income tax returns from 1995 through the present. RESPONSE TO REQUEST NO. 38: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Moreover, Ross Investments objects to this Request to the extent that it seeks information that would constitute an invasion of the informational and autonomy rights to privacy protected by Article 1, Section 1 of the California Constitution, and as articulated by the California Supreme Court in Hill v. National Collegiate Athletic Assn, 7 Cal. 4th 1 (1994). Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter
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of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 39: The General Ledger(s) or any other accounting records showing the funds flowing into and out of TAILWIND from 1995 through 2007. RESPONSE TO REQUEST NO. 39: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it is vague and ambiguous, particularly the phrase showing the funds flowing into and out of. Ross Investments also objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 40: ALL DOCUMENTS and COMMUNICATIONS RELATING to the capitalization or undercapitalization of TAILWIND.
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RESPONSE TO REQUEST NO. 40: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it is vague and ambiguous insofar as the terms capitalization and undercapitalization are undefined. Ross Investments also objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 41: ALL DOCUMENTS RELATING TO the dissolution of TAILWIND and the distribution of its assets to shareholders. RESPONSE TO REQUEST NO. 41: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control.
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Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 42: ALL DOCUMENTS used to accomplish the sale of stock of Montgomery Sports, Inc. by Montgomery Securities to Thomas Weisel or any entity affiliated with Thomas Weisel. RESPONSE TO REQUEST NO. 42: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 43: ALL DOCUMENTS used to accomplish the sale of stock of Montgomery Sports, Inc. to Tailwind Sports, LLC. RESPONSE TO REQUEST NO. 43: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor -36-
reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 44: ALL DOCUMENTS used to accomplish the merger of Tailwind Sports, LLC into Tailwind Sports Corporation. RESPONSE TO REQUEST NO. 44: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 45: ALL DOCUMENTS RELATING TO payments by others (including, but not limited to, Thomas Weisel) for the debts or expenses or any other obligation of TAILWIND. RESPONSE TO REQUEST NO. 45: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is vague, ambiguous, overly broad, and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks documents that are not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 46: ALL DOCUMENTS RELATING TO diversion of TAILWINDs funds or assets to noncorporate uses, including but not limited to the following: payments for non-business related expenses to shareholders, officers, directors, employees or their families or any business entities in which they held an interest. RESPONSE TO REQUEST NO. 46: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is vague, ambiguous, overly broad, and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross
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Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 47: ALL DOCUMENTS showing any payments or transfers of funds from Thomas Weisel, or THOMAS WEISEL PARTNERS, or any account controlled in whole or in part by Thomas Weisel, to YOU, Johan Bruyneel, to Lance Armstrong, or to any other rider on the USPS TEAM. RESPONSE TO REQUEST NO. 47: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is vague, ambiguous, overly broad, and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 48: ALL DOCUMENTS RELATING TO any loans by YOU, Thomas Weisel or THOMAS WEISEL PARTNERS to TAILWIND, Johan Bruyneel, Lance Armstrong, or any rider on the USPS TEAM. RESPONSE TO REQUEST NO. 48: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 49: ALL DOCUMENTS showing any payments or transfers of funds from Thomas Weisel or THOMAS WEISEL PARTNERS, or any account controlled in whole or in part by Thomas Weisel, to TAILWIND. RESPONSE TO REQUEST NO. 49: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time,
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non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 50: ANY DOCUMENTS showing the location of TAILWINDs office space between 1995 and 2007, including but not limited to any space occupied by TAILWIND in the offices of Montgomery Securities or Thomas Weisel Partners. RESPONSE TO REQUEST NO. 50: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 51: ALL DOCUMENTS RELATING TO the value of and/or the price paid for any office space occupied by TAILWIND at Montgomery Securities or Thomas Weisel Partners, including, but not limited to, any lease documents or other DOCUMENTS which show the rental rates for such space from one year prior to the date that TAILWIND occupied the space to one year after TAILWIND vacated the space. RESPONSE TO REQUEST NO. 51: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 52: ALL DOCUMENTS or COMMUNICATIONS RELATING TO any funds deposited with THOMAS WEISEL PARTNERS or Robert W. Baird by Hein Verbruggen, by any entity owned or controlled by Hein Verbruggen, or by any relative of Hein Verbruggen. RESPONSE TO REQUEST NO. 52: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further
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objects to this Request on the ground that it seeks documents that are not within its possession, custody, or control. Moreover, Ross Investments objects to this Request to the extent that it seeks information that would constitute an invasion of the informational and autonomy rights to privacy protected by Article 1, Section 1 of the California Constitution, and as articulated by the California Supreme Court in Hill v. National Collegiate Athletic Assn, 7 Cal. 4th 1 (1994). Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 53: ALL DOCUMENTS or COMMUNICATIONS RELATING TO any funds managed by or deposited with THOMAS WEISEL PARTNERS for the benefit of any individual currently or formerly affiliated with UCI or USA CYCLING (or for any entity which such individual owns or controls). RESPONSE TO REQUEST NO. 53: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks documents that are not within its possession, custody, or control. Moreover, Ross Investments objects to this Request to the extent that it seeks information that would constitute an invasion of the informational and autonomy rights to privacy protected by Article 1, Section 1 of the California Constitution, and as articulated by the California Supreme Court in Hill v. National Collegiate Athletic Assn, 7 Cal. 4th 1 (1994).
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Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 54: ALL DOCUMENTS or COMMUNICATIONS RELATING TO payments by Thomas Weisel or THOMAS WEISEL PARTNERS to the UCI OR any person affiliated with the UCI. RESPONSE TO REQUEST NO. 54: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks documents that are not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 55: ALL DOCUMENTS RELATING TO Thomas Weisels change in position from President to Chairman of TAILWIND.
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RESPONSE TO REQUEST NO. 55: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks documents that are not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 56: ALL DOCUMENTS RELATING TO the transaction or decision by which CSE, William Stapleton or Bart Knaggs took on management responsibilities at TAILWIND. RESPONSE TO REQUEST NO. 56: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter
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of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 57: ALL COMMUNICATIONS RELATING TO the transaction or decision by which CSE, William Stapleton or Bart Knaggs took on management responsibilities at TAILWIND. RESPONSE TO REQUEST NO. 57: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 58: ALL DOCUMENTS RELATING TO any DEFENDANTs involvement in the submission of claims for payment to, or the receipt of payments from, the U.S. POSTAL SERVICE. RESPONSE TO REQUEST NO. 58: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor
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reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 59: ALL DOCUMENTS showing whether claims for payments were copied to any DEFENDANT or showing they were otherwise made aware of any claim for payment submitted by TAILWIND to the U.S. POSTAL SERVICE. RESPONSE TO REQUEST NO. 59: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 60: ALL DOCUMENTS showing whether any DEFENDANT received copies of the SPONSORSHIP AGREEMENTS or was made aware of the terms thereof RESPONSE TO REQUEST NO. 60: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 61: ALL DOCUMENTS showing whether any DEFENDANT was aware of any positive or inconclusive DOPING testing results by any rider on the USPS TEAM RESPONSE TO REQUEST NO. 61: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control.
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Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 62: ALL DOCUMENTS showing whether any DEFENDANT was copied on or was otherwise made aware of the terms of Lance Armstrongs rider contract, or the rider contract of any rider on the USPS TEAM. RESPONSE TO REQUEST NO. 62: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 63: ALL DOCUMENTS RELATING TO ANY DEFENDANTS contention that the United States or the U.S. POSTAL SERVICE knew or should have known of DOPING on the USPS TEAM.
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RESPONSE TO REQUEST NO. 63: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 64: ALL DOCUMENTS RELATING TO THE response of the UNITED STATES to allegations of DOPING by Lance Armstrong or any other rider on the USPS TEAM. RESPONSE TO REQUEST NO. 64: In addition to the foregoing General Objections, Ross Investments objects to this request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 65: ALL DOCUMENTS RELATING TO the value of what the U.S. POSTAL SERVICE received under the SPONSORSHIP AGREEMENTS, including but not limited to any valuations, audits, or marketing analyses. RESPONSE TO REQUEST NO. 65: In addition to the foregoing General Objections, Ross Investments objects to this request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 66: ALL DOCUMENTS RELATING TO the damages suffered by the U.S. POSTAL SERVICE as a result of DOPING by the USPS TEAM, Lance Armstrong, or any other member of the USPS TEAM. RESPONSE TO REQUEST NO. 66: In addition to the foregoing General Objections, Ross Investments objects to this request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter
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of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 67: ALL DOCUMENTS RELATING TO any contention that the U.S. POSTAL SERVICE was not damaged as a result of DOPING by the USPS TEAM, Lance Armstrong, or any other member of the USPS TEAM. RESPONSE TO REQUEST NO. 67: In addition to the foregoing General Objections, Ross Investments objects to this request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 68: ALL DOCUMENTS OR COMMUNICATIONS RELATING TO Floyd Landis. RESPONSE TO REQUEST NO. 68: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request to the extent that it seeks the production of documents that are protected from disclosure by the attorney-client privilege, the attorney work product doctrine or any other privilege or immunity. -52-
Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 69: ALL DOCUMENTS that contradict the allegations of the United States or the relator in this case. RESPONSE TO REQUEST NO. 69: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 70: ALL DOCUMENTS upon which YOU rely to deny the allegations of the United States or the relator in their respective complaints against YOU in this case. RESPONSE TO REQUEST NO. 70: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that discovery in this action has just commenced; -53-
documents may be produced by other parties in this action that Ross Investments may rely on to deny the allegations made by Relator in this action. Moreover, Ross Investments objects to this Request on the ground that it incorrectly assumes that the United States has filed a complaint against Ross Investments. Ross Investments is mentioned nowhere in the complaint filed in this action by the United States. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 71: ALL DOCUMENTS OR COMMUNICATIONS RELATING TO this case. RESPONSE TO REQUEST NO. 71: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request to the extent that it seeks the production of documents that are protected from disclosure by the attorney-client privilege, the attorney work product doctrine or any other privilege or immunity. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter
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of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 72: ALL COMMUNICATIONS RELATING TO DOPING, the U.S. INVESTIGATION, the USADA INVESTIGATION, or this case with any persons affiliated with the news media as well as any DOCUMENTS related thereto. RESPONSE TO REQUEST NO. 72: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 73: ALL DOCUMENTS that YOU may use to support any affirmative defenses YOU have against the allegations of the United States or the relator in this case. RESPONSE TO REQUEST NO. 73: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is premature at this stage of the action, when the parties have just begun discovery, when Ross Investments has not yet answered Relators Second Amended Complaint, and when Ross Investments does not yet know which documents it may rely upon in support of any affirmative defense in this action.
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Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 74: ALL privilege logs RELATING TO the U.S. INVESTIGATION, the USADA INVESTIGATION, or any claims or litigation against YOU RELATING TO DOPING. RESPONSE TO REQUEST NO. 74: Subject to and without waiving the foregoing General Objections, Ross Investments states that it has never prepared or provided a privilege log relating to the U.S. INVESTIGATION, the USADA INVESTIGATION or any claims or litigation against it related to doping, of which there are none other than this action by Relator. REQUEST NO. 75: ALL COMMUNICATIONS and DOCUMENTS relating to any investigation YOU have conducted relating to the U.S. INVESTIGATION, the USADA INVESTIGATION, or this case, including, but not limited to, any video-taping, audio recording, or any other forms of surveillance or background investigation. RESPONSE TO REQUEST NO. 75: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request to the extent that it seeks the production of documents that are protected from disclosure by the attorney-client privilege, the attorney work product doctrine or any other privilege or immunity.
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Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 76: ALL DOCUMENTS or COMMUNICATIONS RELATING TO ANY statements, transcripts, declarations, interviews or summaries of interviews of any persons RELATING TO the U.S. INVESTIGATION, the USADA INVESTIGATION, or this case. RESPONSE TO REQUEST NO. 76: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request to the extent that it seeks the production of documents that are protected from disclosure by the attorney-client privilege, the attorney work product doctrine or any other privilege or immunity. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 77: ALL contracts between YOU, on the one hand, and any of the CSE RELATED ENTITIES, on the other hand, including, but not limited to, any engagement letters, retainer agreements, or other agreements describing any services to be provided to YOU. RESPONSE TO REQUEST NO. 77: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 78: ALL DOCUMENTS that describe the nature of the services any of the CSE RELATED ENTITIES have provided for YOU from 1995 through the present. RESPONSE TO REQUEST NO. 78: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is vague, ambiguous, overly broad, and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-
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year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 79: ALL DOCUMENTS establishing or evidencing an attorney-client relationship between William Stapleton OR the CSE RELATED ENTITIES, on the one hand, AND Lance Armstrong, on the other, at any point between 1995 and the present. RESPONSE TO REQUEST NO. 79: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter
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of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 80: ALL DOCUMENTS evidencing the lack of an attorney-client relationship between William Stapleton OR the CSE RELATED ENTITIES, on the one hand, and Lance Armstrong, on the other, at any point between 1995 and the present. RESPONSE TO REQUEST NO. 80: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 81: ALL DOCUMENTS RELATING TO William Stapletons authorization or lack of authorization to practice law at any point between 1995 and the present.
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RESPONSE TO REQUEST NO. 81: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 82: ALL DOCUMENTS RELATING TO Lance Armstrongs knowledge or lack thereof that William Stapleton was inactive or unauthorized to practice law at any point between 1995 and the present. RESPONSE TO REQUEST NO. 82: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further
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objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 83: ALL COMMUNICATIONS RELATING TO whether or not William Stapleton was acting as Lance Armstrongs attorney. RESPONSE TO REQUEST NO. 83: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 84: ALL contracts between any of the CSE RELATED ENTITIES, on the one hand, and Lance Armstrong, on the other, including, but not limited to, any engagement letters, retainer agreements, or other agreements describing any services to be provided to Lance Armstrong. RESPONSE TO REQUEST NO. 84: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 85: ALL COMMUNICATIONS between YOU and ANY of the following people or entities: a. b. c. d. e. f. g. h. i. j. k. Lance Armstrong Johan Bruyneel William Stapleton Bart Knaggs CSE the United States Postal Service or any current or former employee or agent of the United States Postal Service Mark Gorski Dan Osipow Jim Ochowicz Emma OReilly Geert Duffeleer
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l. m. n. o. p. q. r. s. t. u. v. w. x. y. z. aa. bb. cc. dd. ee. ff. gg.
Laurenzo Lapage Edward Eddie B Borysewicz Johnny Weltz Stephanie McIlvain Laura Hundley Dr. Pedro Celaya Dr. Luis Garcia del Moral Dr. Michele Ferrari Dr. Jose Aramendi Dr. Dag Van Elsland Dr. Eufemeniano Fuentes Dr. Herman Falsetti Jose Pepe Marti Philippe Maire Hein Verbruggen Pat McQuaid Emile Vrijman Philippe Verbiest Sylvia Shenk Dr. Mario Zorzoli Steve Johnson Floyd Landis
RESPONSE TO REQUEST NO. 85: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 86: ALL DOCUMENTS RELATING TO payments to Johan Bruyneel or to Johan Bruyneel Sports Management by TAILWIND or by any other DEFENDANT from 1999 through the present. RESPONSE TO REQUEST NO. 86: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Ross Investments further objects to this Request on the ground that it seeks the production of documents not within its possession, custody, or control. Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 87: ALL DOCUMENTS YOU IDENTIFY in your Initial Disclosure pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure. RESPONSE TO REQUEST NO. 87: Subject to and without waiving the foregoing objections, Ross Investments will produce, after entry of a suitable confidentiality order and at a mutually agreeable date and time, non-privileged documents, if any, that are responsive to this Request, concern the subject matter of this action, were not already produced by Mr. Weisel and that Ross Investments is able to locate after a reasonable search.
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REQUEST NO. 88: ALL DOCUMENTS YOU IDENTIFY in response to ANY interrogatories in this case. RESPONSE TO REQUEST NO. 88: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is premature as Ross Investments has not responded to any interrogatories in this action. REQUEST NO. 89: ALL articles of incorporation, amended articles of incorporation, bylaws, amended bylaws, and shareholder registers of ROSS INVESTMENTS, INC. RESPONSE TO REQUEST NO. 89: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing General Objections, after entry of a suitable confidentiality order and at a mutually agreeable date and time, Ross Investments will produce non-privileged documents, if any that are responsive to this Request, concern the subject matter of this action and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 90: ALL filings with the California Secretary of State, the Delaware Secretary of State, or the Securities and Exchange Commission by ROSS INVESTMENTS, INC. from 1995 through the present.
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RESPONSE TO REQUEST NO. 90: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Subject to and without waiving the foregoing General Objections, after entry of a suitable confidentiality order and at a mutually agreeable date and time, Ross Investments will produce non-privileged documents, if any that are responsive to this Request, concern the subject matter of this action and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 91: ALL DOCUMENTS that show the officers, directors, employees and agents of ROSS INVESTMENTS, INC. from the creation of the entity through the present (or through the dissolution of the entity, if applicable). RESPONSE TO REQUEST NO. 91: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing General Objections, after entry of a suitable confidentiality order and at a mutually agreeable date and time, Ross Investments will
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produce documents sufficient to show the officers, directors and employees of Ross Investments, Inc. (n/k/a Thomas Weisel Investment Management, Inc.). REQUEST NO. 92: ALL DOCUMENTS sufficient to show the ownership INVESTMENTS, INC. from 1995 through the present. RESPONSE TO REQUEST NO. 92: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Subject to and without waiving the foregoing General Objections, after entry of a suitable confidentiality order and at a mutually agreeable date and time, Ross Investments will produce non-privileged documents, if any that are responsive to this Request, concern the subject matter of this action and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 93: ALL board minutes from 1995 through the present of ROSS INVESTMENTS, INC. RESPONSE TO REQUEST NO. 93: In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor interests in ROSS
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reasonably calculated to lead to the discovery of admissible evidence. This Request seeks documents from a nine-and-one-half-year period (1995 to June 2004) that is outside of the statute of limitations applicable to Relators claims (and from a five-and-one-half-year period (1995 to June 2000) that is outside the statute of limitations applicable even to the United States claims against defendants other than Ross Investments). Subject to and without waiving the foregoing General Objections, after entry of a suitable confidentiality order and at a mutually agreeable date and time, Ross Investments will produce non-privileged documents, if any that are responsive to this Request, concern the subject matter of this action and that Ross Investments is able to locate after a reasonable search. REQUEST NO. 94: ALL DOCUMENTS RELATING TO the transaction(s) by which ROSS INVESTMENTS, INC. acquired ANY stock of TAILWIND, including, but not limited to, the DOCUMENTS by which the acquisition of stock was accomplished. RESPONSE TO REQUEST NO. 94: In addition to the foregoing General Objections, Defendant objects to this Request on the ground In addition to the foregoing General Objections, Ross Investments objects to this Request on the ground that it is overly broad and unduly burdensome and seeks the production of documents that are neither relevant to the claims or defenses of any party to this action nor reasonably calculated to lead to the discovery of admissible evidence.
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Subject to and without waiving the foregoing General Objections, after entry of a suitable confidentiality order and at a mutually agreeable date and time, Ross Investments will produce non-privileged documents, if any that are responsive to this Request, concern the subject matter of this action and that Ross Investments is able to locate after a reasonable search. Dated: January 24, 2014 /s/ Robert A. Sacks Robert A. Sacks (D.D.C. Bar No. MI0069) SULLIVAN & CROMWELL LLP 1888 Century Park East Los Angeles, California 90067 Telephone: (310) 712-6600 Facsimile: (310) 712-8800 /s/ Brendan P. Cullen Brendan P. Cullen (admitted pro hac vice) SULLIVAN & CROMWELL LLP 1870 Embarcadero Road Palo Alto, California 94303 Telephone: (650) 461-5600 Facsimile: (650) 461-5700 /s/ Christopher M. Viapiano Christopher M. Viapiano (D.C. Bar No. 500771) SULLIVAN & CROMWELL LLP 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Telephone: (202) 956-7500 Facsimile: (202) 956-7056 Attorneys for Defendants Thomas W. Weisel and Ross Investments, Inc.
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CERTIFICATE OF SERVICE
I, Christopher M. Viapiano, hereby certify that I caused a true and correct copy of the foregoing Defendant Ross Investments, Inc.s Responses and Objections to Relators First Set of Requests for Production of Documents to Defendant Ross Investments, Inc. to be served via e-mail on this 24th day of January 2014 on the following counsel: Paul D. Scott Lani Anne Remick Jon L. Praed LAW OFFICES OF PAUL D. SCOTT, P.C. Pier 9, Suite 100 San Francisco, California 94111 Telephone: (415) 981-1212 Facsimile: (415) 981-1215 Counsel for Relator Floyd Landis Darrell C. Valdez Mercedeh Momeni U.S. ATTORNEYS OFFICE Judiciary Center Building 555 Fourth Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-2834 Robert E. Chandler U.S. DEPARTMENT OF JUSTICE Civil Division, Fraud Section 601 D Street, N.W., Suite 900 Washington, D.C. 20530 Telephone: (202) 514-4678 David M. Finkelstein U.S. DEPARTMENT OF JUSTICE Civil Division, Fraud Section 601 D. Street, N.W., Room 9605 Washington, D.C. 20004 Counsel for Plaintiff United States of America Marc S. Harris Vicki Kirkland SCHEPER KIM & HARRIS LLP 601 West Fifth Street, 12th Floor Los Angeles, California 90071 Telephone: (213) 613-4655 Facsimile: (213) 613-4656 John Patrick Pierce THEMIS PLLC 2305 Calvert Street, N.W. Washington, D.C. 20008 Telephone: (202) 567-2040 Facsimile: (202) 567-2051 Counsel for Defendants Capital Sports & Entertainment Holdings, Inc., William J. Stapleton, and Barton B. Knaggs John W. Keker Elliot R. Peters R. James Slaughter Sharif E. Jacob Tia Sherringham KEKER & VAN NEST, LLP 633 Battery Street San Francisco, California 94111 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Robert D. Luskin PATTON BOGGS, LLP 2550 M Street, N.W. Washington, D.C. 20037 Telephone: (202) 457-6190 Facsimile: (202) 457-6315 Counsel for Defendant Lance Armstrong
Blair G. Brown Rachel Cotton ZUCKERMAN SPAEDER, LLP 1800 M Street, N.W., Suite 1000 Washington, D.C. 20036 Telephone: (202) 778-1829 Facsimile: (202) 822-8106 Counsel for Defendants Tailwind Sports Corporation and Tailwind Sports LLC
Thomas E. Zeno Rebecca A. Worthington SQUIRE SANDERS (US) LLP 1200 19th Street, N.W., Suite 300 Washington, D.C. 20036 Telephone: (202) 626-6600 Facsimile: (202) 626-6780 Counsel for Defendant Johan Bruyneel
/s/ Christopher M. Viapiano Christopher M. Viapiano
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Case No. 1:10-cv-00976-RLW

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SPECIFIC RESPONSES AND OBJECTIONS

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