1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEIN & ASSOCIATES Michael D. Stein (SBN 132540) 5235 West Allen Street Suite 200 Los Angeles, CA 90067 Tel: (213) 555-0994 Fax: (213) 555-0995 Attorneys for Defendant B-2 VIDEO INCORPORATED UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SCOTT ALAN WOODWARD, Plaintiff, vs. B-2 VIDEO INCORPORATED, a Missouri corporation; and DOES 1 through 20 inclusive, Defendants. ) ) ) ) )))))) ))) )) ) ) ) ) )) Case No.: DEFENDANT B-2 VIDEO INCORPORATED’S RESPONSES TO PLAINTIFF SCOTT ALAN WOODWARD’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS ) PROPOUNDING PARTY: Plaintiff SCOTT ALAN WOODWARD RESPONDING PARTY: Defendant B-2 VIDEO INCORPORATED SET NO.: One 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant B-2 Video Incorporated (“Defendant”) has not yet completed investigation of the facts relating to this case, has not completed discovery and has not completed its preparation for trial. Accordingly, the following responses are based upon information known at this time and are given without prejudice to Defendant’s rights to produce subsequently discovered evidence and facts, and to add to, modify or otherwise change or amend the responses herein. REQUEST NO. 1: All DOCUMENTS (For the purpose of these interrogatories, the term “DOCUMENTS” is used in the broad sense and includes, but is not limited to, anything coming within the definition of “writings” and “recordings” set forth in Rule 1001(l) of the Federal Rules of Evidence) relating to or reflecting the facts and circumstances of any discipline of PLAINTIFF (For the purpose of these interrogatories, the term “PLAINTIFF” shall mean plaintiff Scott Alan Woodward) or concerning any alleged misconduct engaged in by PLAINTIFF. RESPONSE TO REQUEST NO. 1: Defendant objects to this Request on the grounds that it is vague, ambiguous, overbroad, burdensome and seeks information that is both irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Defendant responds as follows: Defendant will produce 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 all documents in its custody, possession or control that are responsive to this Request. REQUEST NO. 2: Any and all video and/or audio investigation tapes reflecting the facts and circumstances of any alleged misconduct engaged in by PLAINTIFF. RESPONSE TO REQUEST NO. 2: There are no documents in Defendant’s custody, possession or control that are responsive to this Request. REQUEST NO. 3: All DOCUMENTS supporting or relating to YOUR (For the purpose of these interrogatories, the terms “YOU” or “YOUR” shall mean defendant B-2 Video Incorporated) Fifth Affirmative Defense that “Any and all alleged defamatory statements made by Defendants or their agents were true.” RESPONSE TO REQUEST NO. 3: Defendant objects to this Request on the grounds that it is overbroad and burdensome. Defendant further objects to this Request on the grounds that it improperly requires Defendant to permit Plaintiff to discover Defendant’s legal conclusions and theories and thus intrudes on the attorney work-product privilege. REQUEST NO. 4: All DOCUMENTS identified in YOUR responses to PLAINTIFF’S First Set of Special Interrogatories served concurrently herewith. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESPONSE TO REQUEST NO. 4: Defendant will produce all documents in its custody, possession or control that are responsive to this Request. REQUEST NO. 5: All DOCUMENTS identified in YOUR responses to PLAINTIFF’S First Set of Form Interrogatories served concurrently herewith. RESPONSE TO REQUEST NO. 5: Defendant will produce all documents in its custody, possession or control that are responsive to this Request. DATED: March 31, 2004 STEIN & ASSOCIATES By: _________________________________ Michael D. Stein Attorneys for Defendant B-2 VIDEO INCORPORATED 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to the within action. My business address is 5235 West Allen Street Suite 200, Los Angeles, CA 90067. On March 31, 2004, I served the foregoing document described as DEFENDANT B-2 VIDEO INCORPORATED’S RESPONSES TO PLAINTIFF SCOTT ALAN WOODWARD’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Peter Crawford, Esq. 27255 Van Buren Road Torrance, California 93627 ___ BY MAIL I deposited such envelope into the Firm’s office mail at Los Angeles, California. I am readily familiar with the Firm’s practice of collection and processing correspondence for mailing. Under that practice, in the ordinary course of business, the mail is affixed with postage thereon fully prepaid and deposited with the U.S. Postal Service in Los Angeles, California on the same day. I am aware that on motion of a party served, service is presumed invalid if the postal cancellation date or the postage meter date is more than one (1) day after the date of deposit for mailing in this affidavit. ___ BY PERSONAL SERVICE I hand delivered such envelope to the offices of the addressee(s) listed above. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed March 31, 2004 at Los Angeles, California. _____________________________ Harriet Evans