Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

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Filed 01/22/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO: 05-1043C JORGE A. DELPIN APONTE, et al., v. UNITED STATES OF AMERICA

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. 1

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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 fifteen (15) days after the receipt of these request for the production of documents, in order for these documents to be available for the taking of deposition scheduled for January 25, 2008. 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

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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 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,

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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 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

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request for the production of documents, which was not produced in compliance herewith, or by supplemental production at that time. REQUEST TO PRODUCE DOCUMENTS You are hereby requested to produce the following documents: 1. On or about March, 2003, defendant's representative met with plaintiffs' representatives in Puerto Rico. During this

meeting, Defendant's representatives showed to those present two spreadsheets which purportedly reflected the calculation of overtime for Postal Employees in Puerto Rico as performed by the USPS. This request is for the production of copies of those

spreadsheets shown by Defendant at said meeting. 2. On or about March, 2003, defendant's representative met with plaintiffs' representatives in Puerto Rico. During this

meeting, Defendant's representatives showed to those present two spreadsheets which purportedly reflected the calculation of overtime for Postal Employees in Puerto Rico as performed by the USPS. This request is for the original file, created either in The specific file to be

Excel, Word or any other software.

produced must allow for plaintiffs to select and review the formulas contained within the cells in the documents identified in Request Number 1 of this Request for Production of Documents. 3. On or about March, 2003, defendant's representative met with plaintiffs' representatives in Puerto Rico. During this

meeting, Defendant's representatives showed to those present two

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spreadsheets which purportedly reflected the calculation of overtime for Postal Employees in Puerto Rico as performed by the USPS. This request is for any spreadsheet and/or document in

which the spreadsheets identified in this request and shown to plaintiffs on or about March of 2003 rely for the purpose of computing the compensation paid to postal employees in Puerto Rico. 4. Payroll Journal for postal employee Jorge L. Rosario, a

plaintiff in the captioned case, for the years 1993 to 2006. The periods for which this request is being made, is not related to the statute of limitations, since this request is not being made for purposes of computing and claiming compensation, but instead it is being made for the purpose of obtaining

information which will be used for determining the manner in which Defendant computes overtime pay in Puerto Rico. 5. A copy of the handbook, manual or document titled "Handbook F24, Payroll Processing." 6. Any drafts, documents, copies or updates or related documents which have been used in conjunction or as a substitute or successor of the "Handbook F-24, Payroll Processing." 7. Any compilation of instructions or payroll processing

procedures, containing formulas, codes, and other essential pay processing information like FLSA and other pay calculation

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worksheets similar to material previously found in Handbook "F24, Payroll Processing." In San Juan, Puerto Rico, this 28th day of December, 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 S/Santiago F. Lampón SANTIAGO F. LAMPÓN Attorney for Plaintiffs

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