A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. All documents reflecting any verbatim statement of a third party. P. 1.350(b). Please produce any and all of your insurance policies in effect at the time of the accident as described in Plaintiffs Complaint. Plaintiff further objects to this request, whether broadly or more narrowly construed, to the extent it seeks production of documents protected by the work product doctrine, the governmental deliberative process privilege, or the attorney-client privilege. Attorneys should not make objections solely to avoid producing documents that are relevant to any party's claim or defense and proportional to the needs of the case. Thus, these materials were created and maintained in a manner consistent with maintaining the protections afforded work product. All documents reflecting any statement of a third party to the DOJ and signed and/or adopted, formally or informally, by those third parties. OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS. Please produce any and all insurance policies that relate in any way to the allegations in Plaintiffs Complaint or incidents referred to in Plaintiffs Complaint. 3 to refer to "Civil Investigative Demand No. Its more or less what you craving currently. PRODUCING BUSINESS RECORDS IN LIEU OF ANSWERING INTERROGATORIES. Attendance at such interviews was limited to, at most, the interviewee, Antitrust Division attorneys and staff, counsel for the interviewee (in some interviews), and a potential testifying expert economist (in some interviews). 1. Plaintiff's investigation and development of all facts and circumstances relating to this action is ongoing. 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. PRODUCING DOCUMENTS OVER OBJECTION. 5. WebIt is your agreed own times to action reviewing habit. The applicable general objections, as stated above (General Objections), are incorporated into each of the specific objections and responses that follow. 3. Therefore, there are no "third part[ies]" as that term is defined. 1. if the request just reads, Produce the documents you showed me, the request would be vague or ambiguous, since you might have shown the requesting party 1. 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. These responses and objections are made without prejudice to, and are not a waiver of, Plaintiff's right to rely on other facts or documents at trial. Please produce any and all correspondence, memoranda, reports, written notes, diagrams, charts or other similar documents which relate to the incident described in Plaintiffs Complaint or any of Plaintiffs claims or your defenses in this action. WebSample Objections To Request For Production Of Documents Pdf upload Arnold z Ferguson 1/1 Downloaded from filemaker.journalism.cuny.edu on February 26, 2023 by Arnold z Ferguson WebWhere To Download Sample Objections To Request For Production Of Documents Requests must be clear and concise, and request that the REQUEST FOR PRODUCTION OF DOCUMENTS . Subject to and without waiver of the foregoing objections, and although not called for by this Request, Plaintiff will produce all non-privileged, responsive documents obtained from third parties during its civil investigation of Dentsply's distribution and marketing of artificial teeth, with the exception that Plaintiff will withhold any documents or material that may contain confidential information until it receives direction from the Court regarding production pursuant to Local Rule 26.2 or a Protective Order has been entered by the Court allowing the production of that material. endstream endobj Fla. R. Civ. 3 on the grounds that it is vague and ambiguous, that it calls for the production of documents that are irrelevant to this action and not reasonably calculated to lead to the discovery of admissible evidence, and that it is overly broad and unduly burdensome, to the extent that it calls for the production of documents in the format as they may be maintained in files outside of the principal investigatory and case files. OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS DOCUMENT REQUEST NO. hb```f``b`a``d`@ +P w>f^k?sd`lRj'H$LxGh@4$~i~ :' SLzL'rb[g00m*".qLy~@_ 7< All such documents will not be produced. Judith M. Kinney (DSB # 3643) Assistant United States Attorney 1201 Market Street, Suite 1100 Wilmington, DE 19801 (302) 573-6277, This document is available in two formats: this web page (for browsing content) and. 131 0 obj <>stream The materials thus provide at least a snapshot of the mental impressions, conclusions, opinions, and legal theories of the Government personnel attending the interviews. REQUEST NO. 4. If a party objects to a request as overbroad when a narrower version of the request would not be objectionable, the documents responsive to the narrower version ordinarily should be produced without waiting for a resolution of the dispute over the scope of the request. 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. Documents already produced will not be produced again. Furthermore, Civil Investigative Demand 13009 was issued to Dentsply, not to third parties. Here are the top five considerations when representing a non-party who receives a subpoena for production of documents. Please produce any medical or employment records you have obtained relating to the Plaintiff. 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. Defendant's document requests call for the production of documents that were produced to the Plaintiff by other entities and that may contain confidential, proprietary, or trade secret information. 1. Fla. R. Civ. HW[O#7~1d. Plaintiff objects to Instruction No. Plaintiff objects to each definition, instruction, and document requests, to the extent that it seeks documents protected from disclosure by the attorney-client privilege, deliberative process privilege, attorney work product doctrine, or any other applicable privilege. 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. Procedural Law v. Substantive Law What Is The Differance? 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. IH55J6FL"B]Wsng@i! {.C6. Documents already produced will not be produced again. P. 1.280(b)(5). Include all documents and 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. Plaintiff further objects to this instruction as overbroad and unduly burdensome to the extent it seeks (a) documents in the possession, custody, or control of individuals, agencies, or entities other than the Antitrust Division of the Department of Justice and its present employees, principals, officials, agents, attorneys, economists, and consultants either assigned to or reviewing this case, (b) documents previously produced by Defendant to the Antitrust Division of the Department of Justice in the course of the antitrust investigation leading up to the filing of this case, transcripts of depositions of employees and former employees of Defendant, correspondence between the Plaintiff and Defendant, and (c) documents in possession, custody, or control of the Antitrust Division of the Department of Justice and its present officers, employees, principals, officials, agents, attorney, and consultants to which the attorney work product doctrine, governmental deliberative process privilege, attorney-client privilege, or any other lawful privilege is applicable. Plaintiff objects to each instruction, definition, document request, and interrogatory as overbroad and unduly burdensome to the extent it seeks documents or information that are readily or more accessible to Defendant from Defendant's own files, from documents or information in Defendant's possession, or from documents or information that Defendant previously produced to Plaintiff. Your response to this request should be periodically supplemented. As noted above, such a log would include virtually every internal document created by Plaintiff over the course of Plaintiff's civil investigation of Dentsply's distribution and marketing of artificial teeth. A "boilerplate" request or subpoena not directed to the facts of the particular case shall not be used. endstream endobj 120 0 obj <>/Metadata 18 0 R/Pages 117 0 R/PageLayout/OneColumn/StructTreeRoot 22 0 R/Type/Catalog/Lang(en)>> endobj 121 0 obj <>/Font<>>>/Type/Page>> endobj 122 0 obj <>stream RESPONDING TO A DOCUMENT REQUEST. Plaintiff, by and through its attorneys, and pursuant to Rule 34 of the Federal Rules of Civil Procedure and the Local Rules of this Court, responds and objects to Defendant Dentsply International, Inc.'s ("Dentsply") Request for Documents as follows: 1. Shall be construed either conjunctively or disjunctively to bring within the scope of this Request for Documents any information which might otherwise be construed to be outside their scope. Webthose all. In addition, the Parties currently are in discussions about the appropriate scope of the privilege log. Plaintiff further objects to this definition to the extent that it uses the undefined term "during." The process can be very difficult, for all parties involved. The Parties currently are in discussions about the appropriate scope of the privilege log. For more detailed information, please see the SmartRules Response to Request for Production guides for the court where your action is pending. Attorneys are reminded that informal requests may not support a motion to compel. All documents obtained by the DOJ pursuant to its CID investigation of Dentsply's distribution and marketing of artificial teeth. 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. Plaintiff further objects to this request as duplicative and burdensome to the extent that it calls for documents already produced to Defendant in response to Defendant's February 2, 1999 Request for Documents, including but not limited to transcripts of depositions of third parties and correspondence from third parties to Plaintiff. Plaintiff objects to each definition, instruction, and document request as overbroad and unduly burdensome to the extent it seeks documents that are readily or more accessible to Defendant from Defendant's own files or documents that Defendant previously produced to Plaintiff. The producing party shall designate one of its regular employees to instruct the interrogating party on the use of the records retention system involved. In its Response to Document Request No. Plaintiff further objects to this request as vague and ambiguous because it relies on the undefined term "CID investigation." 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 document request to Civil Investigative Demand Number 13009 itself. Requests for production are the means by which you can ask the other party to make copies of documents, photographs, records, etc., and to request the inspection of Requests for Production United States District Court Southern District of Florida. A Rule 34 request can include a request to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding partys possession, custody, or control: > > Read More.. Time, Place and Manner of Inspection The failure to include any general objection in any specific response does not waive any general objection to that request. A party and counsel ordinarily have complied with the duty to respond to a document request if they have: Responded to the requests within the time set by the governing rule, stipulation, or court-ordered extension. 2 regarding "DOJ." Plaintiff further objects to this interrogatory as overbroad and unduly burdensome to the extent it seeks information that is readily or more accessible to Defendant from Defendant's own files, including, but not limited to, interrogatory answers that Defendant produced to Plaintiff, transcripts of depositions of current or former directors, officers, and employees of Defendant, documents that Defendant produced to Plaintiff, and correspondence and other communications from Defendant to Plaintiff. Which Court Issues the Subpoena? Nor have such notes and/or memoranda of interviews been seen by anyone other than case staff and other attorneys and staff of Plaintiff assisting with or reviewing the investigation. OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS. Typically, discovery includes interrogatories, deposition, request for production of documents, and request for admission. An attorney receiving a request for documents or a subpoena duces tecum shall reasonably and naturally interpret it, recognizing that the attorney serving it generally does not have specific knowledge of the documents sought and that the attorney receiving the request or subpoena generally has or can obtain pertinent knowledge from the client. Includes, without limitation, writings, emails (whether printed or not), agreements, contracts, and printed matter of every kind and description; data stored on a computer hard disk or other memory card, photographs and drawings; notes and records of any oral communications; e-mails and recordings (tape, disc or other) of oral communications. The Difference Between Workers Compensation and Disability Benefits with Associated Work Related COVID-19 Illnesses. The producing party shall make available any computerized information or summaries that it either possesses or can produce by a reasonably efficient procedure. WebSample Objections To Request For Production Of uments that. 4 regarding "document" or "documents" to the extent that it purports to impose obligations greater than those set forth in the Federal Rules of Civil Procedure. P. 1.380 applies to all discovery: depositions, admissions, responses to requests to produce, etc. Discovery is a tedious process, both propounding discovery and answering discovery. D. Ct. Rule 26.2, of potentially confidential materials produced to Plaintiff by third parties. Even so construed, the request is duplicative, overbroad, and burdensome to the extent that it calls for documents already produced to Defendant in response to Defendant's February 2, 1999 Request for Documents, including, but not limited to, documents produced to Plaintiff by third parties, transcripts of the depositions of third parties, and correspondence from third parties to Plaintiff. WebIn litigation, written discovery typically consists of (1) Requests for Production, (2) Requests for Admission, and (3) Interrogatories. Such notes and/or memoranda of interviews have not been reviewed by or considered by the potential testifying expert economist. 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. Responding to such requests and interrogatory would be oppressive, unduly burdensome, and unnecessarily expensive, and the burden of responding to such requests and interrogatory is substantially the same or less for Defendant as for Plaintiff. endstream endobj 60 0 obj <> endobj 61 0 obj <>/Rotate 0/Type/Page>> endobj 62 0 obj <>stream in the midst of them is this Sample Objections To Request For Production Of uments that can be your partner. &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` _@@ Plaintiff incorporates by reference every general objection set forth above into each specific response set forth below. Official websites use .gov %PDF-1.5 % Plaintiff further objects to this instruction as overbroad and unduly burdensome to the extent it seeks (a) documents in the possession, custody, or control of individuals, agencies, or entities other than the Antitrust Division of the Department of Justice and its present employees, principals, officials, agents, attorneys, economists, and consultants either assigned to or reviewing this case, (b) documents and answers to interrogatories previously produced by Defendant to Plaintiff in the course of Plaintiff's civil investigation of Dentsply's distribution and marketing of artificial teeth, all transcripts of depositions of employees and former employees of Defendant, all correspondence between the Plaintiff and Defendant, all other information provided by Defendant to Plaintiff, and all information produced by Plaintiff to Defendant in response to discovery requests of Defendant, and (c) documents in possession, custody, or control of the Antitrust Division of the Department of Justice and its present officers, employees, principals, officials, agents, attorneys, and consultants to which the attorney work product doctrine, governmental deliberative process privilege, attorney-client privilege, or any other lawful privilege is applicable. Should any such disclosure by Plaintiff occur, it is inadvertent and shall not constitute a waiver of any privilege. Contact us today for a free consultation. Plaintiff further objects to this request to the extent that it requires the production, prior to the entry of a Protective Order by the Court and prior to instruction from the Court as to production pursuant to Del. All documents, papers or evidence to be introduced at trial. 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. WebAn objection that a discovery request is not relevant must include a specific explanation describing why the request lacks relevance and/or why the requested discovery is Webc.) Such a reading here demonstrates the problems with the use of this undefined term. [CCP 2033.010.] Alternatively, Plaintiff will produce copies of the documents. Subject to and without waiver of the foregoing objections, and although not called for by this Request, Plaintiff will produce transcripts of depositions of third parties taken during its civil investigation of Dentsply's distribution and marketing of artificial teeth. Plaintiff will produce responsive documents only to the extent that such documents are in the possession, custody, or control of the Antitrust Division of the U.S. Department of Justice, as set forth in the Federal Rules of Civil Procedure.Plaintiff's possession, custody, or control does not include any constructive possession that may be conferred by Plaintiff's right or power to compel the production of documents or information from third parties or to request their production from other divisions of the Department of Justice or agencies of the United States. 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