Unless otherwise stated, the time period for these
requests is January 1, 2004 through the present, and thereafter
on a continuing basis until the disposition of the trial of this
Any references to a person or corporation herein
includes agents, employees, officers, directors, attorneys, or
anyone acting on behalf of that person or corporation.
If any request for document herein is deemed to
call for the production of privileged or work product materials
and such privilege or work product claim is asserted, you are
to identify in writing each document so withheld and for each
such document you are to provide the following information:
||the reason for withholding the document;
||a statement of the basis for the claim of privilege, work product, or other
grounds of nondisclosure;
||A brief description of the document, including:
||the date of the document;
||the number of pages, attachments and appendices to the document;
||the names of the document's author(s) or preparer(s) and
the identification of such person by employment and title;
||the name of each person who was sent, shown, or carbon copied the document or who has had access to or
custody of the document, together with an identification of each such person;
||the present custodian of the document; and
||the subject matter of the document, and in the case of any document relating or referring to a meeting or
conversation, identification of such meeting or conversation.
If any document requested herein was at one time
in existence but has been lost, discarded or destroyed, identify
such document as completely as possible, providing as much of
the following information as possible:
||the date or approximate date the document was lost, discarded or destroyed;
||the circumstances under which and the manner in which the document was lost, discarded or destroyed;
||the reason or reasons for disposing of the document (if discarded or destroyed);
||the identity of all persons authorized or having knowledge
of the circumstances surrounding disposal of the document;
||the identity of the person(s) who lost, discarded, or destroyed the document; and
||the identity of all persons having knowledge of the contents of the document.
Your attention is directed to Federal Rule of
Civil Procedure 34(b), which requires that any party who produces
documents for inspection shall "produce them as they are kept
in the usual course of business or shall organize and label them
to correspond with the categories of the request." In this connection,
and for purposes of illustration, it is requested that all documents
requested be produced in the file folders and cartons in which
they have been maintained and stored, clipped, stapled or otherwise
arranged in the same form and manner as they were found. If you
choose to produce the documents requested corresponding with
the categories in the
request, it is requested that you identify the file
folders, drawers or cartons in which the documents were originally maintained.
Any response to these requests shall set forth
the request in full before each response. Separate responses
shall be provided with respect to each request. If, after a good
faith search, you conclude that there have never been documents
responsive to a particular request, you should so state.
You are required to supplement your responses to
these Requests for Production of Documents in accordance with
the provisions of the Federal Rules of Civil Procedure.
You are hereby put on notice that objection
will be made at the time of trial to any attempt to introduce
evidence which is directly sought by these requests and to which
no response or disclosure has been made.
As used herein, the following words and phrases shall have the following definitions:
||Document shall have the broadest
possible meaning permitted under applicable law, and shall include
any written, recorded or graphic material of any kind, including
the originals and all non-identical copies, including those materials
in electronic form, that is or has been in Your possession, control
or custody or of which You have knowledge, including, but not
limited to: documents, letters, correspondence, e-mail, memoranda,
notes, invoices, bulletins, calendars, diaries, contracts, agreements,
letters, telegrams, minutes, reports, studies, checks, statements,
receipts, vouchers, invoices, summaries, pamphlets, blueprints, specifications, drawings, sketches,
||interoffice and intraoffice communications, stenographic
or handwritten notes of any sort of conversation, telephone calls,
meetings or other communications, agendas, computer printouts,
graphical records or representations of any kind (including without
limitation photographs, charts, graphs, microfiche, microfilm,
videotapes, recordings, and motion pictures), electrical data
compilation, electronic mail, computer files or documents, computer
disks, computer programs, computer software, tapes and all other
tangible things upon which any handwriting, typing, printing,
drawing, representation, photocopy, magnetic, electrical or optical
impulse, data, or other form of communication is stored, recorded,
or reproduced, and preliminary drafts and non-identical copies
of the above. The term also includes each and every file folder,
folio or other material in which the above items are stored,
filed, or maintained as well as every copy of such documents
where the original is not in Your possession, custody or control,
or where such copy is not an identical copy of an original or
where such copy contains any commentary or notation whatsoever
that does not appear in the original.
||Identify when used in reference
to an individual person means to (a) state the person's full
name, resident address and telephone number (designated as present
or last known), (b) state his or her position or business affiliation,
and (c) state the person's business address and telephone number (designated as present or last known).
||Identify when used in reference to a firm, partnership, corporation,
proprietorship, association, or any other organization or entity, means to (a) state its full
name, registered address, the address and telephone number (designated as present or last
||known) of its principal place of business, (b)
state the legal form of such organization or entity and the state
of incorporation or organization of the entity, and (3) state
the identity of the entity's Chief Executive Officer and Registered Agent.
||Identify when used in reference
to a document means to (a) state the type of document (e.g. letter,
memorandum, telegram, contract, invoice, etc.) or some other
means of identifying it, (b) state its dates of creation, finalization
and dissemination, (c) state its author, the addresses or other
information identifying its intended recipient or audience, and
its present location and its current custodian. If any identified
document was, but is no longer, in Your possession or subject
to Your control, state also its means of disposition and date
of disposition, and identify the person or persons who last had
possession or control of the document.
||Identify when used in reference
to a conversation, conference or a meeting means to (a) state
all persons participating in or attending the conversation, conference
or meeting, (b) state the nature and purpose of the conversation,
conference or meeting, (c) state the date upon which the conversation,
conference or meeting occurred, (d) state the means of communication
by which the conversation, conference or meeting occurred (e.g.
in-person, by teleconference, by videoconference, etc.), (e)
state all documents prepared for or assembled in preparation
for the conversation, conference or meeting, (f) state all documents
that record, summarize or memorialize the conversation, conference
or meeting, (g) state all documents arising out of such conversation,
conference or meeting, and (h) identify all action known by You
to have been taken as a result of the conversation, conference, or meeting.
||Date means the exact day, month
and year, if ascertainable, or the best available approximation
thereof, including relationship to other events (designated whether exact or approximate).
||Describe means to state with particularity,
including but not limited to each date, fact, event, or occurrence,
to identify each matter, and to identify each individual who
can testify as to such dates, facts, events, occurrences and documents.
||Relating to means stating,
concerning, pertaining to, setting forth, describing, evaluating,
projecting, mentioning, referring to, relating to, or constituting.
||Statement of Fact means any statement
You have made orally or in writing to any third party about Plaintiff
3ABN or about Plaintiff Danny Shelton during the period January
1, 2004 to the present which you claim is factual and truthful
and which forms the basis for your claims that Danny Shelton
has committed wrongdoing and should resign his position at 3ABN.
Without limiting the scope of this definition, and without intending
to be an exhaustive list of such statements, examples would include
"the actions of the Plaintiff Danny Lee Shelton ... has conducted
himself in such a way as to violate theological integrity, undermine
operational capability, to prey upon the financial soundness
ofthe entity 3ABN and to inappropriately redirect large sums
to his personal benefit with and without properly constituted
corporate authority" contained in Defendants' Answers to Plaintiffs'
Complaint and "The plaintiffs' personal, professional and corporate
conduct is chimcral and duplicitous as they profess adherence
to Seventh-Day Adventist conservative theology while Three Angels
Broadcasting Network, Inc., allows their self-appointed leader
to conduct himself in such a way as lo prove violative of the clear and rigorously enforced
||standards required of ministry leadership within
the Seventh-day Adventist Faith just as they are expected of
the churches' membership" and "They collusively have repeatedly
violated the code of conduct expected of an institution that
professes an absolute faith in, and teaches, the doctrines of
the Seventh-day Adventist Church contained in Defendants' Rule 26(f) Conference Report.
||You or Your means Defendant
Robert Pickle and his agents, representatives, employees, assigns or attorney(s).
||3ABN means Plaintiff Three Angels Broadcasting Network, Inc.
||Or is used in the inclusive sense
(i.e. "and/or"). Thus, if a request seeks all documents relating
to "A or B," you are to produce all documents relating to "A,"
all documents relating to "B," and all documents relating to "A and B."