Free Motion to Strike - District Court of Federal Claims - federal

Case 1:01-cv-00517-MBH

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EXHIBIT A

Case 1:01-cv-00517-MBH

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

SCOTT & wmTE HEALTH PLAN,
Plaintiff,
v.

Civil No. 01-1824 (JGP)
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UNITED STATES OFFICE OF PERSONNEL MANAGEMENT,

Defendant.

PLAINTIFF'S FIRST SET OF INTERROGATORIES

and
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Plaintiff, Scott & Whte Health Plan, by its attorneys hereby serve Plaintiff's First Set

of Interrogatories and First Request for Production of Documents on Defendant, United
States Office of Personnel Management. Pursuant to Rule 33 of the Federal Rules of Civil

Procedure, you are required to answer the following interrogatories, under oath, withi
30 days of the date of service of this document. Pursuant to Rule 34 of the Federal Rules

of Civil Procedure, you are required to serve a written response to the following request
for production of documents within 30 days of the date of service of this document.

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WD99564186-1.059659.0012

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DEFINITIONS
As used herein, the following terms have the following meanings:
A. "Defendant," "you," and "your" mean Defendant United States Office of

Personnel Management and all present and former agents, servants, employees, attorneys
and other persons acting on behalf of any of the foregoing.

B. "Complaint" means the Complaint filed by Plaintiff in this action.

C. "Answer" means Defendant's Answer and Defenses filed by Defendant in
this action.

D. "Person" or "persons" includes not only natural persons, but also, without
limitation, firms, partnerships, associations, corporations, and other legal entities and
divisions, departments, or other units thereof.

E. "Communications" means any conversation, discussion, letter,
memorandum, note, or other transfer of information, whether written, oral, electonic, or
by any other means, and includes any docuent or other medium which abstracts, digests,

records, or transcribes any such communication or any subsequent review or discussion

of such communcation, whether occurring at meetings or otherwise.
F. "Relating to" means in any way regarding, referring to, commemoratig,

concerning, or connected with, in whole or in part, directly or indirectly.

G. "Identify," when referring to any person, means to set forth the name and
present or last known address (and business address, if known), and, if an individual, his
or her employer and title or position. Once a person has been thus identified in an anwer,
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it shall be sufficient thereafter when identifying that person merely to state his or her full
name.

H. "Identify," when referrg to any docuent, means to state whether any such
docuent exists or did exist, and to state fuly the title, nomenclature or descriptive phrase

by which such document is known, the person originating the document, the person to
whom the document is addressed, the customary usual location of the docuent, and the
customary and usual custodian of the document.

i.

"Document" is used in its customary broad sense and includes, without

limitation, the original and each copy (other than an exact duplicate) of every kind of
writing and recording, regardless of origin or location, of the following item, whether
printed, written, produced, or reproduced by any process, and whether or not claimed to
be privileged or otherwise immune or excludable from discovery, including, without

limitation, writings, drawings, graphs, charts, photographs, phone records, computerized

records, electronic mail, data compilations from which information can be obtained
(translated, if necessary, into reasonably usable form), memoranda, correspondence,
reports, notes, papers, books, diaries, microfilms, sound recordings, accounts, ledgers,
registers, auditors' and bookkeepers' records and reports, worksheets, cost sheets, debit
and credit entres, financial reports, assignents, telegrams, telexes, telecopies, faxes, tape

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recordigs, sumaries and records of telephone conversations, sumaries and records and

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personal conversations, records of meetings, summaries and reports of interviews,

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summares and reports of investigations, opinions and reports of consultants, opinions of

counsel, summaries and reports of negotiations, brochures, pamphlets, press releases,
drafts of documents, revisions of drafts of documents, orders, or images of documents,

including those stored or formerly stored in, on, or which can be reproduced from, any

computer memory or magnetic, optical, or other storage media, regardless of how
unoaded or otherwise fixed, now or formerly in written, typewritten, printed by
computer, reproduced, rendered, trancrbed, or filmed form, regardless of how unoaded
or otherwise fixed, which are in Defendant's actual or constructive possession, custody,

care, or control, whether or not prepared by Defendant, or whether or not curently withi
the possession of attorneys for Defendant.

INSTRUCTIONS

A. Unless otherwise specified, these interrogatories and document requests
request information in the possession, custody, or control of Defendant. Furthermore,

these interrogatories and docuent requests are of a contiuig nature. If, after anwerig,
you obtain or become aware of any futher information responsive to these requests, you

are required to make a supplemental response and/ or production..
B. In the event that a responsive docuent has been destroyed, state the reason

for the document's destruction and the date on which the document was destroyed;
identify fuly the person in whose possession, custody or control the docuent was when

it was destroyed; and identify fully the person who destroyed the document.

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C. The final version and each draft of each document should be produced

separately. Each original and each nonidentical copy (bearing marks or notations not
found on the origial) of each fial version and draft of each docuent should be produced

separately.
D. The documents should be produced in an orderly manner (and with

appropriate markigs or other identification) so that CIC will be able to identify the source

of the document, the file in which it was maintained, the person to whom such file
belonged, and the number(s) of the Request to which it responds.
E. With respect to any inormation witheld on the basis of a claim of privilege
or other protecton, furnsh a list identifyng each communcation or information withheld

and settng forth the following information for each such communcation or withheld
information:
1. a brief description of the nature and subject matter of the

communcation or withheld inormation, including the tye of communcation (i.e.,
telephone call, meeting, etc.);
2. the date of the communcation;

3. the name and title of the participant(s);

4. the name and title of all person(s) present or with whom the
communcation was shared, or made accessible, or to whom it was explained,
together with an identification of such person(s);

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5. the request to which the communication or withheld information is

otherwise responsive; and
6. a statement constituting the basis for any claim of privilege, work

product, or other ground for nondisclosure.

F. The connectives "and" and "or" shall be construed either disjunctively or
conjunctively as necessary to brig withi the scope of the discovery request all responses

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that might otherwise be construed to be outside the scope.

G. The use of the singuar form of any word includes the plural and vice versa.
INTERROGATORIES
1. Please state the complete basis for, and all facts that support, your Second

Defense that the "Court lacks subject matter jurisdiction over this matter."
2. Please state the complete basis for, and all facts that support, your Fourth

Defense that "Plaintiff has failed to exhaust administrative remedies."
3. In your Answer to en 16 of the Complaint, you admit that "a" rationale for

48 CF.R. § 1652.216-70(b)(6) is that "it is difficult to get adequate data from plans when

they have termiated," but you deny that the quoted language is the "pricipal rationale."

In your Answer to en 33 of the Complaint, you admit that "a" rationale for 48 C.F.R.
§ 1652.216-70(b)(6) is that "in the event a plan goes out of business, there are no rates to

reconcile," but you deny that the quoted language is "the only other rationale." Please
identify all rationales for 48 C.F.R. § 1652.216-70(b)(6). Please state which, if any, of the
rationales for 48 CF.R. § 1652.216-70(b)(6) is the principal rationale, and please identify the

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source for your answer. Please identify all documents that evince, support, discuss, refer
to, or relate in any way to any rationale for 48 C.F.R. § 1652.216-70(b)(6).
4.

A.

In your Answer to 1 31 of the Complaint, you deny Plaintiff's

characterization that is "not difficult" to obtain" adequate data" about the amount owed
to Scott & Whte in this case, but you admit that "OPM has calculated the amount" that

Scott & Whte is owed. Please state whether you would have admitted the first sentence
of 131 of the Complaint if it had read as follows: ''It is not 'difficult' to obtain 'adequate

data' about the amount that would have been owed to Scott & Whte if Scott & Whte had

renewed the contract with OPM, because OPM has already calculated that amount with
precision: $3,625,782." If your answer is in the affirmative, you need not respond to the

rest of this interrogatory.

B. Otherwse, please state whether it is your position that it is difficut for
you to obtain adequate data about the amount owed to Scott & Whte in ths case. If your
answer is in the affirmative, please identify each fact that supports your position, and

please identify all documents that evince, support, discuss, refer to, or relate in any way
to your position.
5. State whether the data and documents that must be retained by a carrier or

former carrier under 48 CF.R. § 1652.204-70 would permit you to obtain data sufficient to

calculate the amount that, but for the nonrenewal of the contract, would be owed to a
former carrier as a result of the reconcilation process (the" deficiency"). If your answer

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is in the negative, identify each kid of data necessary to calcuate the deficiency that you
would find it "difficult" to obtain.
6. Please identify the person or persons primarily responsible for drafting
48 C.F.R. § 1652.216-70(b)(6).

REOUEST FOR PRODUCTION OF DOCUMENTS

Please produce within 30 days all documents identified in response to the above
interrogatories.

February 25, 2002

A
Joel . ichaels, D.C. Bar #230466 Arthur G. Sapper, D.C. Bar #227660
John G. Horan, D.C. Bar #417729

Michael S. Nadel, D.C. Bar #470144
McDERMOTT, WILL & EMERY

600 Thirteenth Street, N.W.
Washigton, D.C. 20005

(202) 756-8000 - Telephone
(202) 756-8087 - Facsimile
Attorneys for Plaintif

Scott & White Health Plan

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