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VERY BROAD REQUESTS – USE AS GUIDELINE ONLY

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3 , ) No.
)
4 Plaintiff, ) INTERROGATORIES AND REQUESTS
) FOR PRODUCTION TO
5 vs. )
)
6 )
Defendant. )
7 )
)
8 )
)
9

10 TO:

11 AND TO:

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NOTICE RE: PRESERVATION OF ELECTRONIC DATA
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PLEASE TAKE NOTICE that all electronic data created by from through
14 must be preserved. Please insure that all current back-up tapes, disks or drives are not
rewritten. Stop any rotation, alteration and/or destruction of electronic media that may result in
15 the alteration or loss of any electronic data relating to the issues in this lawsuit. Do not alter
16 and/or erase active, deleted files or file fragments on any electronic media that may have any
relation to this matter. Do not conduct any maintenance such as defragging, reformatting or
17 upgrading any hard drives that may contain data relevant to this litigation. Do not dispose of any
electronic media storage devices replaced due to failure and/or upgrade that may contain
18 electronic data having any relation to this matter.
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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 1 Telephone Number
 INSTRUCTIONS
1

2 A. INTERROGATORIES.

3 1. Pursuant to Civil Rule (CR) 26 and CR 33, you are requested to answer the
following interrogatories in writing and under oath and, after you and your attorney sign them
4 below, to serve a copy upon the undersigned counsel at . You must serve your answers
within thirty (30) days after the interrogatories are served on you.
5

6 2. These interrogatories are continuing and require you to provide supplemental

answers which set forth any information within the scope of the interrogatories acquired or
7 discovery by you following service of your original answers, as is required by CR 26(e).

8 3. Space for your answers has been provided after each interrogatory. If the space
provided for the answer is not sufficient, please attach additional pages to the page on which the
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answer is set forth. Please contact the undersigned if you would like these discovery requests in
10 electronic form for ease in answering.

11 4. Regardless of the noun, pronoun or other designation, if any, used in an

interrogatory to describe the person or entity to whom it is directed or about whom it is
12 concerned, answers to each of the interrogatories shall include all responsive information known
or available about such person or entity. In the case of a partnership, corporation or other entity,
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such answers shall include all responsive information contained in such entity’s business records
14 regardless of whether official, and all information known to or about such entities, owners,
partners, shareholders, directors, officers, agents or other representatives.
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5. In answering any of these interrogatories, if you rely upon any testimony, whether
16 given at a deposition, investigation, hearing or otherwise, you are to set forth separately for each

17 such interrogatory, the identity of the person testifying, the date upon which he or she testified,
the identity of the document constituting the transcript of the testimony and the page number or
18 numbers of the transcript on which such testimony appears.

19 6. If your answer to any interrogatory or sub-part thereof is “N/A, Not Applicable or

Unknown” describe in detail your reason(s) for making such reply. Furthermore, in reply to any
20 interrogatory or sub-part thereof, do not merely state “see attached records” unless you have no

21 additional memory of the matters referred to in the specific interrogatory or sub-part thereof. If
you have any additional memory of the matters referred to, please describe it in detail.
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7. To the extent that any portion of your answer to any interrogatory or sub-part
23 pertains to particular documents or persons with knowledge identified in your answer, clearly
identify to which documents or persons with knowledge that portion of your answer pertains.
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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 2 Telephone Number
 8. If you claim that an answer, either in whole or in part, to any interrogatory or
1 portion thereof, is subject to any privilege or is otherwise objectionable or protected from

2 discovery, you are to identify the subject matter, the answer to which such privilege, objection,
or protection is thought to apply, and state the ground or basis of each such claim, objection,
3 privilege or protection, including any statutory or decisional reference; and identify all
documents, including the author and date thereof, or other information, including contracts and
4 communications which you believe to be embraced by the privilege involved. All portions of
such an interrogatory not regarded as calling for a protected or objectionable response are to be
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answered fully. If any of these interrogatories cannot be answered in full, you are asked to
6 answer to the fullest extent possible and to specify the reason for your inability to answer the
remainder, and state whatever information or knowledge you have concerning the unanswered
7 portion.

8 9. The specificity of any request for information shall not be construed as reducing
the scope of any more generalized request.
9

10 B. REQUESTS FOR PRODUCTION.

11 1. Pursuant to CR 26 and CR 34, you are also requested to produce for inspection and
copying the documents or media described in each request made below at the offices of .
12 All data should be produced in its native format or as close to native as practicable (e.g.,
email in a PST file). Pictures of hard copy documents (TIFF, PDF, etc.) should only be
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created and produced after consultation with the undersigned attorney.
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2. These requests for production include the original media and all copies that differ
15 from the original in any respect, such as notations made on the copy. These requests are also
intended to include all media of any nature that are now or have at any time been within your
16 care, custody or control. If a document or media is no longer in your care, custody or control,

17 identify its disposition.

18 3. If you contend that any media responsive to any request is privileged, in whole or in
part, or if you otherwise object to its production, then with respect to each such media:
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a. Identify the date of the media, the nature or type of media, the individual
20 that prepared the media, any recipients of the media, including anybody
21 that may have the media in their possession, and from whom you
obtained the media.
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b. State with particularity the reason or reasons for your objection and/or
23 the nature of any privilege asserted.
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DEFINITIONS
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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 3 Telephone Number
 The following are definitions of the terms used in these interrogatories and requests for
1 production. Please read these definitions carefully as some of the words used in these discovery

2 requests may be more expansive than those terms are given in common usage.

3 1. “You” and “your” shall refer to and include the party to whom these discovery
requests are directed as well as current and former attorneys, agents, investigators, consultants,
4 accountants, officers, directors and employees.

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2. “Person” or “entity” means any natural person, firm, corporation, partnership,
6 proprietorship, joint venture, organization, group of natural persons or other association
separately identifiable, whether or not such association has a separate juristic existence in its own
7 right.

8 3. “Document” or “media” means recorded material in any form, including the original
and all non-identical copies (whether different from the originals by reason of any notation made
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on such copies or otherwise), including, without limitation, correspondence, memoranda, notes,
10 desk calendar, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks,
invoices, statements, receipts, returns, warranties, guaranties, summaries, pamphlets, books,
11 interoffice and intraoffice communications, offers, notations of any sort of conversations,
telephone calls, voice mails, chat rooms, meetings or other communications, bulletins, bulletin
12 boards, magazines, publications, printed matter, photographs, video, computer stored or
generated information, teletypes, telefax, invoices, worksheets and all drafts, alterations,
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modifications, changes and amendments of any of the foregoing, tapes, tape recording
14 transcripts, graphic or aural records or representations of any kind, of which you have knowledge
or which are or were formally in your actual or constructive possession, custody, or control.
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4. “Possession, custody or control” includes the joint or several possession, custody or
16 control not only by the person to whom these interrogatories and requests are addressed, but also

17 the joint or several possession, custody or control by each or any other person or entity acting or
purporting to act on behalf of the person, whether as employee, attorney, accountant, agent,
18 sponsor, spokesman or otherwise.

19 5. The terms “relate to”, “relating to”, “pertain to”, and “pertaining to” are used in the
broadest sense and mean to refer to, discuss, involve, reflect, deal with, consist of, represent,
20 constitute, emanate from, directed at, support, evidence, describe or mention.

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6. “Describe” means to state every material fact and circumstance specifically and
22 completely (including, but not limited to, date, time, location and the identity of all participants)
and whether each such fact or circumstance is stated on knowledge, information, or belief, or is
23 alleged without foundation.

24 7. “Computer” shall include, but is not limited to, microcomputers (also known as
25 personal computers or desktops), laptop computers, portable computers, personal digital
assistants, Blackberrys, minicomputers and mainframe computers.
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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 4 Telephone Number
 8. “Electronic data” means all information stored in a digital format. Electronic data
1 includes, but is not limited to, electronic mail messages and attachments, contacts, journal

2 entries, calendar entries, word processing documents, spreadsheets, databases including all
records and fields and structural information, charts, graphs, and any and all miscellaneous files
3 responsive to the following requests. The responding party is expected to search for any and all
information stored on hard disks, floppy disks, CDs, DVDs, USB devices, Personal Digital
4 Assistants (such as Palm Pilots, Blackberrys and Treos), and in any other vehicle for digital data
storage and/or transmittal. The term electronic data also includes the file, folder tabs and/or
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containers and labels appended to, or associated with, any physical storage device associated
6 with the information described above.

7 9. “Evidentiary Image” means a true bit-stream copy of the data requested. “Deleted
File” means any electronic data file that has been erased or deleted from the electronic media on
8 which it resided.

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10. Throughout these discovery requests language should be read in light of the context
10 in which it is used. Consequently, the singular includes the plural and the plural includes the
singular, where appropriate. Furthermore, the masculine is intended to also refer to the feminine,
11 where appropriate and vice versa.

12

13 INTERROGATORIES

14 INTERROGATORY NO. 1: Identify the types and models of computers (including

15 PCs, desktops, laptops, handhelds, etc.) used by you for either business or personal, at any time

16 from through the current. If any of the computers are networked or inter-connected,

17 please describe the configuration.

18 ANSWER:

19

20 INTERROGATORY NO. 2: Identify any and all printers, fax machines, copy

21 machines, scanners, or any other digital peripheral device used by you for either business or

22 personal, at any time from through the current.

23 ANSWER:

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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 5 Telephone Number
 1 INTERROGATORY NO. 3: Identify the operating system and all software programs
2 or other applications used on any of the computers identified in your answer to Interrogatory No.

3 1 above (e.g., Windows XP, Windows 7, Microsoft Office suite, Norton Antivirus, etc.). State

4 your standard configuration, any exceptions to this configuration and outline the schedule for any

5 automatic backups, virus scanning or other programs that are scheduled.

6 ANSWER:

10 INTERROGATORY NO. 4: Identify the email programs and servers used by you or
11 your company for business or personal since . (e.g., Outlook/Exchange 2007, Eudora,
12 AOL, etc.).

13 ANSWER:

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17 INTERROGATORY NO. 5: Provide all email addresses and passwords you have used
18 from through the current.
19 ANSWER:

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22 INTERROGATORY NO. 6: Identify all ISPs (Internet Service Providers) and email
23 accounts you have used since .
24 ANSWER:

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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 6 Telephone Number
 1 INTERROGATORY NO. 7: Identify all types of email system used (Web-based,
2 POP3, etc.) by you for business or personal since . If you do not know the type of email
3 system, describe with particularity how you access and store emails for all of your different

4 accounts.

5 ANSWER:

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INTERROGATORY NO. 8: Describe with particularity all methods used to segregate,
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retain and maintain email (e.g., do you use a spam filter, do you have certain rules set up to
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automatically manage certain email, do you save emails in various folders, etc.).
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ANSWER:
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INTERROGATORY NO. 9: Describe all programs and data that are backed up, the
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software used to create the backups and the timing or frequency of the backups.
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ANSWER:
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INTERROGATORY NO. 10: Describe the media used for backing up your programs
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(e.g., DAT tapes, burning to CD or DVD, etc.).
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ANSWER:
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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 7 Telephone Number
 1 INTERROGATORY NO. 11: Identify the applications, programs, data and time period
2 for which you have backup media.

3 ANSWER:

7 INTERROGATORY NO. 12: Describe any utilities that have been run on any of the
8 hard drives described in your answer to Interrogatory No. 1 above. (e.g., defragging,
9 reformatting, etc.)?

10 ANSWER:

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13 INTERROGATORY NO. 13: Describe any policy of purging electronic data from your
14 computers.

15 ANSWER:

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18 INTERROGATORY NO. 14: Describe any files, data or programs that have been
19 archived since .
20 ANSWER:

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23 INTERROGATORY NO. 15: Identify any company or individual that provides

24 maintenance or support for the computers identified in your answer to Interrogatory No. 1 above.

25 ANSWER:

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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 8 Telephone Number
 1

3 INTERROGATORY NO. 16: Describe all methods, by which data or information is

4 exchanged between all computers you have used since (e.g., networked, remote access,
5 floppy disks, CD(s), thumb drives, etc.).

6 ANSWER:

9 INTERROGATORY NO. 17: Identify any employees, agents, vendors, contractors,

10 attorneys or consultants that have been involved in efforts to retain or restore electronic media

11 potentially relevant to this action. As to each such individual or entity, please identify their

12 name, title, period of employment (or retention) and the activities they performed in connection

13 with the retention or restoration of electronic media.

14 ANSWER:

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17 INTERROGATORY NO. 18: Identify all User Profiles and User IDs maintained on
18 any of your computer systems.

19 ANSWER:

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22 INTERROGATORY NO. 19: Identify any web-based (Cloud) storage locations you or
23 your business uses to store electronic data.

24 ANSWER:

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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 9 Telephone Number
 1 REQUESTS FOR PRODUCTION
2 Please produce or make available for inspection:

3 1. All manuals, handbooks, and other documentation of your computer systems.

4 RESPONSE:

6 2. All email system user guides and other policies, procedures, guidelines, rules, and
7 protocols for usage of your email system.

8 RESPONSE:

10 3. All email or computer system logs.

11 RESPONSE:

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13 4. All documentation of data storage, backup, and archiving activities specifically relating
14 to email, including retention plans, guidelines, rules, standards, protocols, policies, and

15 procedures.

16 RESPONSE:

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19 5. All records of the existence, location, and custodianship of backup and/or archive tapes
20 and media specifically relating to email, including inventories, databases, catalogs, logs, lists,

21 indexes, and other documentation.

22 RESPONSE:

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25 6. All other instructions, procedures, diagrams, protocols, and other documentation of

26 your email system.

INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 10 Telephone Number
 1 RESPONSE:

4 7. Full documentation of systems used for backup and/or archiving of electronic data
5 including:

6 a. Specifications for hardware devices, software utilities, and applications used for
7 backup and archive functions.
8 b. Documentation of retention plans, guidelines, rules, standards, protocols, policies,
9 and procedures relating to backup and archiving activities.
10 RESPONSE:

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13 8. Records of the existence, location, and custodianship of backup and/or archive tapes
14 and media, including inventories, database, catalogs, logs, lists, indexes, and other

15 documentation.

16 RESPONSE:

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19 9. Type and technical characteristics of media used for backup and archiving, the format
20 in which data is stored on the media, and the nature of information stored on the media.

21 RESPONSE:

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24 10. Media labeling conventions and all other codes and abbreviations used in connection
25 with such backup and/or archive sets.

26 RESPONSE:

INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 11 Telephone Number
 1

3 11. The written policies, procedures, rules, guidelines, standards, and other documentation
4 concerning computer systems and databases used by you or your entities to maintain

5 information, including but not limited to: manuals for database programs, all documents

6 describing database structure, all naming conventions for tables, records, and fields, all

7 information about data query and reporting functions, and all information about retention and

8 destruction of database information.

9 RESPONSE:

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13 12. Full documentation of all word-processing programs and other programs used since
14 to maintain information, including but not limited to: manuals and other documentation
15 setting forth functional and technical specifications, and documentation of policies and

16 procedures for use of the software.

17 RESPONSE:

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20 13. Full documentation of all system utilities and application software programs which
21 have the capability of copying, writing, offloading and/or exporting electronic data from your

22 systems.

23 RESPONSE:

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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 12 Telephone Number
 1 14. Organization charts for all of your businesses, including the name, work address, and
2 telephone number of all employees providing computer support functions within any of the

3 organizations.

4 RESPONSE:

7 15. Documentation provided to users of databases and other applications, which have been
8 used to access data. This request is intended to cover all written policies, procedures, rules,

9 guidelines, standards, and other documentation provided to users, including but not limited to:

10 user manuals, data entry forms, all documents describing database structure, all naming

11 conventions for tables, records, and fields, all abbreviations and codes used in connection with

12 data, all information about data query and reporting functions, and all information about

13 retention and destruction of data.

14 RESPONSE:

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17 16. A sample page or pages of each report form generated in the ordinary course of
18 business from databases or financial programs used to maintain information.

19 RESPONSE:

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22 17. Policies, procedures, guidelines, rules, standards, and protocols relating to the usage of
23 computer work stations and local area networks, including but not limited to:

24 a. Availability and usage of particular application software to users.

25 b. Directory organization access and naming conventions.
26 c. Storage of files at local workstations and/or on network servers.

INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 13 Telephone Number
 1 d. Codes, abbreviations, and naming conventions applicable to file and extension
2 names.
3 e. Disk, CD and DVD storage and labeling.
4 f. Logging and recording user and file activity.
5 RESPONSE:

8 18. Documentation provided to computer users containing information about policies and
9 procedures relating to retention and destruction of electronic data, and all logs maintained by

10 computer users of retention and/or destruction or erasure of such electronic data.

11 RESPONSE:

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14 19. All documents evidencing, referring, or relating to all company policies and
15 procedures, including but not limited to: policies and procedures for maintaining secret

16 information.

17 RESPONSE:

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20 20. All employee handbooks and other materials disseminating policies and procedures to
21 individual employees.

22 RESPONSE:

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25 21. All electronic financial data in your custody or control since produced
26 electronically in either a tab delimited format or comma separated value (CSV).

INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 14 Telephone Number
 1 RESPONSE:

4 22. All correspondence, email, and any electronically recorded information produced
5 electronically in its native format, relating to your claims or defenses including, but not limited

6 to, .
7 RESPONSE:

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11 23. All correspondence, email, and other documents, including electronically recorded
12 information, produced electronically in its native format, in your custody or control, pertaining to

13 work or services to be performed at or on behalf of any of the parties in this action.

14 RESPONSE:

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17 24. All phone logs, printouts, or other data or documents evidencing phone conversations
18 between and any vendor, contractor, employee, consultant or other outside agent
19 providing services to you or any of your entities from through the present.
20 RESPONSE:

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24 DATED this _____ day of.

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By

INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 15 Telephone Number
 ,
1 Attorney for
Email:
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INTERROGATORIES AND REQUESTS YOUR FIRM NAME

Firm Address
FOR PRODUCTION – PAGE 16 Telephone Number