Plaintiff further objects to this request as vague and ambiguous because it relies on the undefined terms "CID investigation" and "CID witnesses." Indeed, the Court has ordered the parties to disclose the likelihood that they will call those persons as witnesses, and Plaintiff has done so, reducing the list of 184 individuals and entities to 31 individuals whose testimony Plaintiff is very likely or likely to present at trial, either by live testimony or deposition. Use the following instructions to complete the Request for Production of Documents on page 4. Fla. R. Civ. WebPlaintiff objects because the identification, photocopying, and production of the requested documents would be oppressively burdensome and costly. Its more or less what you craving currently. Fla. R. Civ. While "CID" is defined in Definition No. Neither should burdensome "boilerplate" definitions or instructions be used in formulating a document request or subpoena. Plaintiff objects to producing these duplicative, privileged materials from files other than the principal investigatory and case files. 3. &6qME[v py1p|Wj];0&YI+b+]L3aG0S8 )\ab 72XCl`cXg-jlcP(jj/pda8E^FI;g#(OvlfF0N:e6Yt &iU*]+fqcPQnHW\t4U`$sx(d(#6#7sn_i6oSB}(-C~r5C}W4X!l>Dl[tkD@C{"+b[V;/rA-z`;jG!j lp=.>"[? 0aeY }!do7@\>LwO9 QOHljivP$T-W,n[ Bc,4p[OQO&/^\BT{uG>@)Ue($tuJ!wt ni"te&mFU+1l.Mouf|_zUUW-{H#2C,4`GfFZOTD1Q=qrWS%9iEWE+I[ql$4]%IKF~NW?5_=9uw HE` _@@ While "CID" is defined to refer to "Civil Investigative Demand No. Therefore, given the ongoing discussions about the scope of the privilege log and Plaintiff's objections to a request for such a log, Plaintiff will not produce a log of this material at this time. Includes every manner or means of disclosure, transfer, or exchange and every disclosure, transfer or exchange of information, whether orally or by documents or whether face-to-face or by telephone, mail, personal delivery or otherwise. During its civil investigation of Dentsply's distribution and marketing of artificial teeth, Plaintiff issued a number of CIDs calling for documents and oral testimony and obtained other documents without issuance of a CID. With regard to the 184 individuals and entities who were interviewed by the DOJ pursuant to its CID investigation of Dentsply and subsequently identified in Plaintiff's Rule 26(a)(1) Initial Disclosures, please identify in detail all facts known to these individuals and entities that are relevant to the DOJ's claims against Dentsply in this matter. 13009 issued to Dentsply by the DOJ in connection with its antitrust investigation of Dentsply prior to the filing of its complaint on January 5, 1999," that definition gives no greater meaning to the phrase "CID investigation," unless it is intended to limit the interrogatory to those individuals and entities interviewed by Plaintiff pursuant to Civil Investigative Demand Number 13009. The interviews were memorialized by notes and/or memoranda written by Antitrust Division attorneys and staff. An attorney's promise that documents will be produced should be honored. WebRequests for Production Like interrogatories, requests for production are made in writing, they must be answered within 30 days and they are only between the parties. See Federal Rule of Civil Procedure 33(d). Each request is restated below, along with any applicable objections. P. 1.280(e). Secure .gov websites use HTTPS Should any such disclosure by Plaintiff occur, it is inadvertent and shall not constitute a waiver of any privilege. %PDF-1.5 % 5. 4. If you need to request documents in an employment discrimination case or if you need to respond to a request for documents from the other side, you can get templates from the Legal Help Centers. Webto Complaint Counsels First Request for Production of Documents to Respondents (Request) issued on November 5, 2002. Plaintiff objects to Instruction No. A response to a document request or interrogatory stating that objections and/or indicating that documents will be produced shall not be deemed or construed that there are, in fact, responsive documents, that Plaintiff performed any of the acts described in the document request, interrogatory, or definitions and/or instructions applicable to the document request or interrogatory, or that Plaintiff acquiesces in the characterization of the conduct or activities contained in the document request, interrogatory, or definitions and/or instructions applicable to the document request or interrogatory. Please produce any and all documents prepared by anyone as a result of tests, inspections or measurements made or taken with respect to the scene of the incident. Official websites use .gov WebRequests for production of documents or things, which are written requests that demand the other side provide particular documents or items. All such information, prepared in anticipation of litigation and not disclosed or otherwise maintained in a way that is inconsistent with the purpose of the privilege, is protected by the work product doctrine. See Federal Rule of Civil Procedure 33(d). RESPONDING TO A DOCUMENT REQUEST. A party objecting to a request for production must provide the reasons for the objection. OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS. %PDF-1.4 % WebHere are a handful of those templated objections that could be used during an interrogatory which may be cause for documents to be protected from disclosure. HUnS1F5 !Db@Iig|_37r[MG6yTW 5t; ]7]QGp The failure to include any general objection in any specific response does not waive any general objection to that request. As a practical matter, many attorneys produce or exchange documents upon informal request, often confirmed by letter. An official website of the United States government. Web Produce documents, information, or objects, or to permit inspection of premises, is the AO 088B. P. 1.350(b). While "CID" is defined in Definition No. If a party withholds otherwise discoverable information on the basis of privilege, that party must make this claim expressly and must describe the nature of the withheld materials such that, without revealing the disputed information, other parties may assess the applicability of the privilege. Interview memoranda of the Antitrust Division, however, notes of such interviews, and attorney and staff recollections of such interviews are protected from discovery by the work product doctrine. The new rule amends Rule 1.280 to require litigants to state the deposition question, interrogatory, or discovery request followed by the answer, objection, or other response when responding to production and admissions requests, written deposition questions, and interrogatories. Any and all land records, contracts, documents or the like reflecting the persons or. Please produce any and all documents which contain or are related to any surveillance or investigation concerning Plaintiffs claims or allegations in this action. In addition, such materials often summarize the reasons the Division conducted the interview, characterize the importance of the information learned in the interview, draw inferences based on that information, describe the author's impressions concerning the cooperativeness, credibility, or knowledge of the interviewee, and/or identify potential areas of further inquiry. Wherever a request calls for the production of a document claimed to be privileged, identify the document and include what privilege is claimed and the basis for the assertion of such claim. Plaintiff objects to this request to the extent that it calls for documents readily or more accessible to Defendant from Defendant's own files, including without limitation documents produced by the Defendant to Plaintiff. Specify the records to be produced in sufficient detail to permit the interrogating party to locate and identify the records and to ascertain the answer as readily as could the party from whom discovery is sought. Nearly all, if not all, documents in Plaintiff's files would thus "reflect" some such verbatim statement because to some degree the documents contain information derived from verbatim statements. Plaintiff objects to each document request to the extent that it calls for production of a privilege log for internal documents of Plaintiff. Alternatively, Plaintiff will produce copies of the documents. When the scope of the document production is narrowed by one or more objections, this fact and the nature of the documents withheld should be asserted explicitly for that request. To learn more about Request for Production of Documents and how to use them, visit www.MassLegalHelp.org and search Request for Production of Documents. Plaintiff's investigation and development of all facts and circumstances relating to this action is ongoing. xb```"7 Fm cjMf\ V5p 4,PpSOK #H3-W, "` f endstream endobj 63 0 obj <>stream "Verbatim statements of a third party" include, but are not limited to, transcripts of the depositions of third parties, oral statements from any third party or its counsel, and correspondence from third parties to Plaintiff. Plaintiff objects to each document request and interrogatory that is overly broad, unduly burdensome, or not reasonably calculated to lead to the discovery of admissible evidence. Web4. The United States opposes Defendants' Motion For An Order To Compel The Production Of Documents From Plaintiff on the grounds that: (1) the motion is now moot as to Requests 4 and 7 as a result of discovery conferences held subsequent to its filing; and (2) the only documents sought by Request 13 that are still at issue are not If an objection is made to part of an item or category, the part shall be specified. P. 1.280(b)(5). Plaintiff further objects to this request as vague and ambiguous because it relies on the undefined term "CID investigation." Moreover, Plaintiff does not waive its right to amend its responses. Plaintiff objects to Definition No. All documents obtained by the DOJ pursuant to its CID investigation of Dentsply's distribution and marketing of artificial teeth. The information or documents 3. 119 0 obj <> endobj . ), to whom the referenced Subpoena is directed, by and through his/her undersigned counsel, in accordance with Chapter 120, Florida Statutes, hereby files this Objection and Exceptions to DOH Subpoena No. * Not Reasonably Particularized C.C.P. Proc., 2033.030(b).) Therefore, there are no "third part[ies]" as that term is defined. We meet the expense of Sample Objections To Request For Production Of uments and numerous books collections from fictions to scientific research in any way. Plaintiff will make available for inspection at Plaintiff's offices responsive documents and things. Plaintiff objects to Definition No. Share sensitive information only on official, secure websites. Copies of certain materials, including internal memoranda to which documents obtained from outside parties may have been attached, are circulated to and may be maintained in files kept in Antitrust Division files other than the principal investigatory and case files. 7. COMES NOW Respondent, a doctor of medicine (M.D. Finally, Plaintiff objects to this interrogatory, in its entirety, pursuant to the work product doctrine. Web requests for production of documents or to inspect any tangible thing; objections to requests for the production of documents or to inspect any tangible thing; written requests for admission; and answers or objections to written requests for admission; Stated whether any responsive materials are being withheld on the basis of an objection. Contact us today for a free consultation. (NRCP 34; JCRCP 34.) CONTACT WITH THE CLIENT WHEN A DOCUMENT REQUEST IS RECEIVED. The intent of the Rule is clear, stating, Discovery of facts known and opinions held by experts . 1. WebBefore serving this document, make an appointment for free legal information and advice at one of the Legal Help Centers. A request for such a log is unreasonable and unduly burdensome in light of the work product doctrine, governmental deliberative process privilege, and other privileges protecting such internal documents from discovery. Such a reading here demonstrates the problems with the use of this undefined term. is purposefully implementing that plan in good faith. When producing documents, the response must include an accompanying Nor have such notes and/or memoranda of interviews been seen by anyone other than the case staff and other attorneys and staff of Plaintiff assisting with or reviewing the investigation. Expert witness discovery is governed by 1.280(b)(5), Florida Rules of Civil Procedure. PLAINTIFF'S RESPONSES AND OBJECTIONS TO DEFENDANT'S SECONDREQUEST FOR DOCUMENTS AND FIRST SET OF INTERROGATORIES. Requests for production of documents and responses may be made on the record at depositions but usually should be confirmed in writing to avoid uncertainty. Please produce any and all books, documents or other tangible items relating to the incident described in Plaintiffs Complaint or any of Plaintiffs claims or your defenses in this action. You must file the originals of these forms with the WebA sample response to a subpoena duces tecum that a nonparty may use to respond and object to a subpoena seeking production of documents (with or without a deposition) in Florida civil litigation. The producing party shall make its records available in a reasonable manner (i.e., with tables, chairs, lighting, air conditioning or heat, and the like if possible) during normal business hours, or, in lieu of agreement, from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. 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