Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

Document 96-2

Filed 04/18/2008

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO: 05-1043C JORGE A. DELPIN APONTE, et al., v. UNITED STATES OF AMERICA SECOND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, UNITED STATES POSTAL SERVICE COME NOW, plaintiffs in the captioned case, by the undersigned counsel, and serves a Request for Production of Documents in accordance with Federal Rules of Civil Procedure and demands that the Defendant produce the following designated documents: DEFINITIONS The following definitions have the purpose of describing the scope of the requests made herein, in an earnest effort to expedite the discovery process. If subsequent requests are propounded on you, reference to these definitions would be made on that

subsequent discovery as if these definitions were set out in full, therein. A. Scope of production - In complying with these requests, you

are requested to produce all documents in your possession or control, or otherwise available to you, including but not limited to documents in the possession of your attorneys, investigators, employees, agents, representatives or other person acting on behalf of Defendant as defined herein.

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B.

Produce - With reference to documents herein requested, shall

be construed to mean actually delivering legible copies of such documents and/or the electronic file as further described in the applicable requests, within the time allotted for in the applicable procedural rules. If for whatever reason the document cannot be

produced, you are requested to give, pursuant to Definition D below, a full description of said document. C. Document - means and includes any kind of written, typewritten

or printed material, or any media which contains any information which is responsive to the request, including but not limited to software files, computer files, papers, agreements, contracts, notes, deeds, memoranda, correspondence, letters, telephone

messages, telegrams, cablegrams, telex, statements, books, manual, reports, studies, records, outlines, accounting books, maps, plans, drawings, sketches, diagrams, photographs, tape analyses, and/or surveys, charts,

transcriptions,

temperature

recordings

recording of which you have knowledge or information, whether in your possession or under your control or not, relating or

pertaining in any way to the subject matter in connection with which it is used, and includes, without limitations, originals and all file copies, all other copies, no matter how or by whom prepared or amended, and all drafts prepared in connection with such writings, whether or not used. D. Description of document - If the description of a document is

requested or necessary because the document is not available for 2

Case 1:05-cv-01043-VJW

Document 96-2

Filed 04/18/2008

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production,

the

description

shall

be

deemed

to

include

the

following information with respect to each document: 1. The nature and substance of the document with sufficient particularity to enable to be precisely identified; 2. The date, if any, which the document bears; 3. The date the document was sent and/or received; 4. The person or persons executing the document and the identity, pursuant to Definition H, below, of all persons participating in the preparation thereof, if different from the persons executing the document; 5. The persons to whom the document is addressed to or copies of which were sent to; 6. Any file number used in connection with the document; 7. The present location of the original or a legible copy of the document; and 8. The full name, present address and telephone number of the person or persons having possession, custody or control of each such original or legible copy. E. Unavailable documents - If you cannot produce any of the

requested documents, after exercising due diligence to secure the document to do so, state and answer to the extent possible, specifying your inability to produce the document, and stating whatever information or knowledge you may have concerning the unavailable document. In addition, identify, pursuant to Definition G, below, the person(s) who you have reason to believe may have the 3

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document and/or knowledge, which would allow the production of such document, or any part thereof. F. Person - means and includes all persons, corporations, trusts,

partnerships, associations, d/b/a and any other kind of business and/or entity, legal or "de facto". G. Identity of person - If the identity of a person is required

pursuant to these definitions, the information about the person shall deem to include the following: 1. The full name; 2. The last known residence and business address; 3. The present and last employment status and titles relevant to the subject matter of the interrogatory; and, 4. The relationship to you. H. Use of documents produced - You are hereby advised that the

obligation to fully produce and supplement any production to these request for the production of documents is continuing; that you, upon acquiring additional documents which are responsive hereto, you are required to serve supplemental productions. You are also advised and order to preclude you from introducing as evidence at trial in this action, any document which was the subject of this request for the production of documents, which was not produced in compliance herewith, or by supplemental production at that time.

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Case 1:05-cv-01043-VJW

Document 96-2

Filed 04/18/2008

Page 5 of 5

REQUEST TO PRODUCE DOCUMENTS You are hereby requested to produce the following documents: 1. Documents containing or reflecting the Document (as defined herein) retention policies for the Change Control Board (as described my Jo Ann Mitchell during the taking of her

deposition) from 1990 to present. 2. Documents containing or reflecting the Document (as defined herein) retention my Jo policies Ann for the Payroll the Department taking of (as her

described

Mitchell

during

deposition) from 1990 to present. 3. Software Change Requests (as described my Jo Ann Mitchell during the taking of her deposition) related to overtime calculations from 2000 to present. 4. Software Change Requests (as described my Jo Ann Mitchell during the taking of her deposition) related to the computation of Regular Rate from 2000 to present. In San Juan, Puerto Rico, this ____ day of April, 2008. Notified to Defendant's counsel, Mr. Michael Dielberg, on this same date by fax, e-mail and certified mail, return receipt requested to his address of record. LAMPÓN & ASSOCIATES PO BOX 363641 SAN JUAN, PR 00936-3641 Tel: (787) 273-6767 Fax: (787) 758-3679 SANTIAGO F. LAMPÓN Attorney for Plaintiffs 5