DISTRICT COURT, CITY AND COUNTY OF DENVER

STATE OF COLORADO
Court Address: 1437 Bannock Street, Room 256
Denver, CO 80202







COURT USE ONLY




TABOR FOUNDATION, a Colorado non-profit
corporation, and PENN PFIFFNER,

Plaintiffs,

v.

REGIONAL TRANSPORTATION DISTRICT, et al.

Defendants.


Marla L. Lien, Atty. Reg. No. 12394
Jenifer Ross-Amato, Atty. Reg. No. 34665
Attorney for Defendant Regional Transportation District
1600 Blake Street
Denver, Colorado 80202-1399
Phone Number: 303-299-2207
Fax Number: 303-299-2217
E-Mail: marla.lien@rtd-denver.com


Case No.: 2013CV854
Div./Ctrm: 424

RTD’S FIRST SET OF INTERROGATORIES AND
REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF


Defendants Regional Transportation District and its Directors, (“RTD”) hereby propound
the following Interrogatories and Requests for Production (“Discovery Requests”) to be answered
by the Plaintiff in this action, TABOR Foundation (“Foundation” or “Plaintiff”), under oath and in
writing. All responses and responsive Documents should be delivered to the offices of Marla Lien,
Esq., Regional Transportation District, 1600 Blake Street, Denver, Colorado 80202, no later than
thirty five (35) days following the delivery of these discovery requests, pursuant to Colo. R. Civ. P.
26, 33, 34, and 36.
DEFINITIONS AND INSTRUCTIONS
1. The terms “you,” your,” “Plaintiff,” and “Foundation” shall refer to Plaintiff
TABOR Foundation, the party to whom these Discovery Requests are directed, and its respective
SERVED ONLY: June 25, 2014 12:45 PM
FILING ID: 884059BB3944F
CASE NUMBER: 2013CV854


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agents, directors, employees, attorneys, and all other Persons acting or purporting to act on its
behalf, unless otherwise specified.
2. The term “Defendant” shall refer to Defendant Regional Transportation District
and its Directors, and its respective agents, employees, attorneys, and all other Persons acting or
purporting to act on their behalf, unless otherwise specified.
3. The term “Document” is intended to be as broad as it is used in Colo. R. Civ. P.
34, and includes, without limitation, the original and any and all non-identical copies (whether in
paper or electronic form) of the following: all drafts, whether written, printed, produced by hand
or reproduced by any process; notes; correspondence; letters or correspondence of any kind;
memoranda; notebooks or notes of any character; calendars including electronic calendars;
records, notes or summaries of telephone conversations or Personal conversations; electro-
magnetic tape records; video recordings; audio recordings; data summaries, collections or
analysis whether maintained in a database or otherwise; transcripts of records of any nature;
computer printouts or storage media, including disks and tapes of any kind; electronic
Communications, including without limitation email, instant messages and social media; diaries
or daily summaries; routing slips or memoranda; publications; invoices; minutes, records and/or
summaries of interviews; agendas; opinions and/or reports of consultants; studies; charts;
photographs; drawings; forecasts; agreements and contracts, including all modifications and/or
revisions to drafts, reports and/or summaries of negotiations; checks; financial records;
brochures; pamphlets; trade letters and publications; press releases; advertisements; instructions;
drafts of and translations of any recorded material of any kind known to you or in your custody
or control whether or not in your physical possession. Any Document bearing on any sheet or
side thereof, any marks, including by way of illustration only and not by way of limitation,
initials, stamped indicia, any comment or any notation of any character not part of the original
text, or any reproduction thereof, is to be considered a separate Document. All Documents must
be produced in their original format.
4. If, in response to a Request for Production of Documents, your response is that
the Documents are not in your control, please identify who has control and the location of the
Documents.
5. “Identify”, when used with respect to a Document, means to provide all of the
following information known or reasonably available to you: author(s) (including the author(s)
of any annotations on the Document), recipient(s) (including all recipients of copies), the date the
Document was generated, the type of Document, the subject matter of the Document, the
Document’s original format, and the Document’s present or last known location. In lieu of
identifying any Document, a copy thereof may be provided.
6. “Identify”, when used with respect to a Person, means to provide all of the
following information known or reasonably available to you: name, residence, Personal address,
business address, resident and business telephone numbers, email address, social media
identifier, website, and current employer.
7. “Identify”, when used with respect to a corporation (non-profit or profit),
partnership or other entity means to provide all of the following information known or


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reasonably available to you: name, the nature or type of business entity, business address of its
principal office, principal office telephone number, website, and known representatives.
8. “Identify”, when used with respect to oral statements or Communications, means
to state the maker, recipient, when made, where made, the Person(s) present when the
Communication was made, the mode and/or form of Communication (including without
limitation electronic Communication), and the subject matter of the Communication.
9. “Communication” is the transmission from one Person to another or in the
presence of another, whether written, oral, telephonic, electronic, social media or by any other
means.
10. “Person” means the plural as well as the singular and includes, without limitation,
any natural Person as well as any public agency, firm, corporation, unincorporated association,
partnership or other form of legal entity unless the context clearly indicates otherwise. When the
male or female gender is used, it shall refer to both male and female.
11. As to any Interrogatory that calls for identification of Persons or Documents, if
you do not know and cannot obtain information sufficient to provide a full identification of a
particular Person or Document, but you are able to provide a partial identification, then you
should provide such partial identification and state that the identification is partial.
12. The phrase “relevant to” has the same meaning that it has in Colo. R. Civ. P.
26(b).
13. If you or your attorneys, agents, employees, consultants or representatives had, at
any time, possession of any Document called for in this request that has been lost, destroyed,
purged or is no longer in your possession and control, identify each such Document and describe
the circumstances surrounding its loss, indicating the date or dates upon which each such event
occurred and the present location of the Document, if in existence.
14. If you object to any portion of these Interrogatories or Requests for Production of
Documents, state the specific ground for such objection and respond to the Interrogatory or
Request for Production of Documents to the extent to which there is no objection.
15. If you consider any Document to be privileged, provide the following for each
such Document:
a. identify the Document as required by paragraph 5 above;
b. describe the subject matter of the Document;
c. identify the privilege asserted;
d. explain fully the basis for the claim of privilege;
e. identify each and every Person who has seen or had possession of the
original or a copy of the Document; and


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f. identify each and every Person who has learned the substance of the
Document.
16. If any requested Documents have already been produced in connection with this
action, note this fact in your identification of the Document. You need not produce copies of any
Documents that you have already produced.
17. If the answer to any Interrogatory is not made from the personal knowledge of the
Person answering, identify each Person from whom or Document from which the information
was obtained to make the particular answer and identify each Person having Personal knowledge
of such information.
18. These Interrogatories and Requests for Production of Documents are deemed to
be continuing to the fullest extent permitted by Colo. R. Civ. P. 26. Should any information or
material come to your attention, possession, custody or control subsequent to the service of
responses hereto, this additional information or material should be furnished to RTD’s attorneys
as soon as possible.
19. In your written responses, as a courtesy, please restate the request immediately
preceding the answer.
INTERROGATORIES
RTD requests that Plaintiff answer the following Interrogatories under oath, in
accordance with Colo. R. Civ. P. 33.
Interrogatory No. 1:
Identify each and every Person who participated in or contributed to the information
provided in or the drafting of your responses to RTD’s First Set of Interrogatories and Requests
for Production of Documents.
Interrogatory No. 2:
Please describe in detail any Communications any representative, staff member, director,
agent or member of the TABOR Foundation has had with any individual or entity prior to
October 22, 2013 concerning the facts and circumstances surrounding the allegations in the
Complaint. Please include in your answer, without limitation, the identity of the individual or
entity with whom you have communicated, the dates of any such Communications, the contents
of any such Communications, and the identity of any witnesses to any such Communications.
Interrogatory No. 3:
If you contend that RTD by any of its directors, officers, agents, attorneys, employees or
managers, has made any admissions or declarations concerning the subject matter of this lawsuit
on which you intend to rely in this case or which support any of your allegations in the
Complaint, please describe any such admissions in detail. Please include in your answer,
without limitation, the identity of the Person making any such statement, the substance of any


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such statement, the date of any such statement, the identity of any witness to any such statement,
the identity of any witness to any such statement, and whether the statement was ultimately reduced
to writing.
Interrogatory No. 4:
Please identify each and every Person who is a member, staff (paid or unpaid), volunteer,
director, attorney or is otherwise affiliated with the TABOR Foundation. For each Person
identified, please also state the dates during which that Person was affiliated with the TABOR
Foundation and how that Person was affiliated with the TABOR Foundation.
Interrogatory No. 5:
Please identify each and every posting on any social media website or other electronic
media made by a Person who is a member, staff (paid or unpaid), volunteer, or is otherwise
affiliated with Foundation that in any way refers, relates or pertains to RTD, or HB 13-1272 from
the period September 1, 2012 to October 22, 2013.
REQUESTS FOR PRODUCTION OF DOCUMENTS
Pursuant to Colo. R. Civ. P. 34, Defendant RTD requests that Plaintiff address the
following requests and produce the Documents for inspection and/or photocopying at the office
of Marla Lien, Esq., Regional Transportation District, 1600 Blake Street, Denver, Colorado
80202, within the time required by Colo. R. Civ. P. 34.
Request for Production No. 1:
Please produce all Documents that are or were:
(a) described, referenced, or identified in response to any Interrogatory above;
and/or
(b) read, reviewed, or consulted in preparing your answer to any Interrogatory
above.
Request for Production No. 2:
Please produce all filings, submissions, communications or other Documents from the
TABOR Foundation to and between the Colorado Department of Revenue made in the years
2010-2014.
Request for Production No. 3:
Please produce all filings, submissions, communications or other Documents from the
TABOR Foundation to and between the United States Internal Revenue Service made in the
years 2010 - 2014.