Free Motion in Limine - District Court of Arizona - Arizona

_ EXHIBIT A
Case 2:04-cv-00161-ROS Document 195-2 Filed 08/25/2006 Page1 0f3 `

1 materiais, workmanship or factory preparation? For purposes of the interrogatory,
2 the term "repairs’ means all repairs relating to, attempted repairs reiating to,
3 unsuccessiui repairs relating to, comebacks reiating to, replacements relating to,
rt diagnosis of and/or other technician labor time rotating to warranted systems
5 (“repair," or "repairs").
6 RESPONSE N0. 2: WCC objects to the term “defect” as used by plaintiff in
7 this interrogatory since whether certain conditions qualify as a "defect” is a
8 question of fact to be decided by the trier of fact. Without: waiving said r
9 objection, repairs that were authorized and paid by WCC were performed
10 pursuant to the limited warranty. _
11
12 ENTERRGGATORY NO. 3: if the answer to lnterrogatory 2 is "Yes," please identify
i3 the specific repairs which you allege were performed for reasons other than
is defect(s) in materials, workmanship or factory preparation-
15 RESPONSE NO. 3: Only those repairs submitted for payment to WCC by its
16 authorized repair facilities under the limited warranty were authorized by
17 WCC. l
l8
19 MTERROGATORY NO. 4: lf any part of the answer to lnterrogatory 2 is “Yes,“
20 please state the specific reason other than defectfs) in materials, workmanship or
21 factory preparation that you contend the repair was performed.
22 RESPONSE NO. 4: WCC is unaware ofthe reason that repairs, if any, may
23 have been performed on another component of the subiect vehicle or its
24 chassis that were not submitted for payment by an authorized repair facility
‘ 25 under the limited written warranty.
26
27 INTERROGATORY NO. 5: if any part ofthe answer to Interrogatory 2 is that the
28 repair was performed as goodwill to satisfy the customer, please describe the exact
l ¤iODMA\i°O@i@F°`.’Ei2®i4i2@$/¤®Oi6i-ROS Doéiiment 195-2 Filed 08/25/2006 Page 2 0f3

1 considerations that go into the determination to perform (or authorize, cover,
2 reimburse for or pay for) a repair as goodwill to satisfy the customer, whether those
3 considerations be formally memorialized or not, formal or informal, standard or
4 case—loy——case. For the purposes of these interrogatories, “goodwlll” repairs are
5 defined as repairs performed on the sobiect vehicle that are not covered under any
6 applicable written warranty, for which Plaintiff was not charged and for which
7 Defendant paid (or reimbursed its repair agent) tor.
8 RESPONSE NO. 5: WCC ici not authorize any "goodwill" repairs.
9.
10 INTERROGATORY NO. 6: It any part of the answer to Interrogatory 2 was NOT
11 that the repair was performed as goodwill to satisfy the customer, please describe
12 the exact considerations that go into the determination to make repairs you don’t
I3 classify as goodwill to satisfy the customer, whether those considerations be
14 forrnatly memoriaiized or not, formal or informal, standard or case-by——case.
15 RESPONSE NO. 6: NIA _
16
17 ENTERROGATORY N0. 7: identify all documents that relate to indemnification
18 agreements between yourself and anylall other person(s) as said documents relate
19 to the suoiect vehicles warranted systems, This lnterrogatory inctudes but is not
20 limited to franchise agreements} supplier agreements, contracts, component
21 supplier contracts, insurance agreements, warranty agreements and other
22 documents of similar genre that contain terms andfor conditions reiating to
23 indemnification agreements between you and another person that relate to the
24 warranted systems.
25 RESPONSE N0. 7: WCC objects to this interrogatory as it is not likely to lead
26 to discoverable or admissible evidence.
27
28
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