PROPOUNDING PARTY: Plaintiff
RESPONDING PARTY: Defendants
SET NUMBER: One
TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD:
Plaintiff hereby requests that defendants respond to this request for production and produce all writings which are responsive to any of the following numbered requests within 30 days of the date of service of this request, in accordance with the definitions and instructions below. This request is made pursuant to Section 2031 of the California Code of Civil Procedure.
The following definitions and instructions apply throughout this request for identification and production, unless the context clearly indicates otherwise:
A. This request requires that you produce all writings responsive to any of the following numbered requests which are in your possession or control or subject to your control, wherever they may be located. The writings which you must identify and produce include not only writings which you presently possess, but also writings which are in the possession or control of your attorneys, accountants, bookkeepers, employees, representatives, or anyone else acting on your behalf.
B. You are requested to produce all writings which are responsive to any of the following numbered requests for inspection and photocopying at the law offices of Lawless, Horowitz & Lawless, Transamerica Pyramid, Thirty-Third Floor, 600 Montgomery Street, San Francisco, California at 10:00 a.m. on the thirtieth day following the date of service of this request (or the next business day if that day falls on a Saturday, Sunday or court holiday).
C. If you prefer, you may produce all writings which are responsive to any of the following numbered requests by delivering copies of all such writings on or before the thirtieth day following the date of service of this request to plaintiff's counsel, Lawless, Horowitz & Lawless, Transamerica Pyramid, Thirty-Third Floor, 600 Montgomery Street, San Francisco, California 94111.
D. All writings which are responsive in whole or in part to any of the following numbered requests shall be produced in full, without abridgement, abbreviation or expurgation of any sort. If any such writings cannot be produced in full, produce the writing to the extent possible and indicate in your written response what portion of the document is not produced and why it could not be produced.
E. The term "writing" as used in this request for identification and production is a broadly inclusive term referring to any and all written or other graphic material, however produced or reproduced, of every kind and description and to everything upon which sounds, words, symbols or pictures are recorded or depicted by magnetic or electrical impulse, photography, or otherwise. The term "writing" includes, by way of example and not limitation, the following and anything similar to any of the following:
1. Letters, telegrams, telexes, cables, TXWs, memoranda, interoffice correspondence and other forms of correspondence and written communication;
2. Agreements, contracts, policies, handbooks, practice guidelines, reports, studies, records, books, journals, papers, statements, pamphlets, circulars, publications, stenographic notebooks, files and their contents, file folders, file covers, file jackets, and notes;
3. Summaries, abstracts, indexes, tabulations, graphs, charts, lists and inventories;
4. Calendars, desk calendars, appointment books, schedules, logs, telephone messages, diaries, time sheets, minutes of meetings, and transcripts;
5. Financial statements, checks, invoices and accounting records and books;
6. Pleadings, deposition transcripts, trial transcripts, interrogatories, answers to interrogatories, affidavits, declarations, papers filed or lodged with courts, and papers filed with or sent to administrative agencies.
7. Tape recordings, sound reproductions, objects, photographs, motion pictures, microfilm, computer data stored on magnetic tape, computer printouts, data processing cards or tapes, and computer disks or diskettes.
F. You are required to produce not only the original or an exact copy of the original of all writings responsive to any of the following numbered requests, but also all copies of such writings which bear any notes or markings not found on the originals and all preliminary, intermediate, final and revised drafts of such writings.
G. It is not intended that this request require production of any writings which are privileged. If you are not producing any writing responsive to any of the numbered requests below on the basis of a claimed privilege, or for any other reason, state the following information:
1. Describe the writing with specificity;
2. Identify the privilege claimed or other reason why the writing is not produced;
3. State the names and capacities of all persons who participated in the preparation of the writing; and
4. State the names and capacities of all persons to whom the document was circulated or its contents communicated.
H. The term "termination" refers to the separation of plaintiff from employment with any defendant on or about _________________, whether by discharge, voluntary or involuntary resignation, layoff or other means.
I. Plaintiff ______________ is referred to in this request for identification and production as "plaintiff."
J. Defendants _____________ and _____________________ are collectively referred to in this request for production as _______________ or as "the corporate defendant", or by their respective names.
K. Defendants ___________________ and ________________ are referred to in this request for production either as "individual defendants" or by their respective names.
1. The complete contents of plaintiff's personnel file.
2. The complete contents of any other files maintained in plaintiff's name by any defendant.
3. All applications for employment signed by plaintiff.
4. All instruments signed by plaintiff relating to the obtaining or holding of employment, within the meaning of California Labor Code §432.
5. All personnel files of plaintiff which have been used to determine plaintiff's qualifications for employment, promotion, additional compensation, or termination or other disciplinary action, within the meaning of California Labor Code §1198.5.
6. All medical, psychiatric or other health-related reports or writings which describe or evaluate plaintiff's physical or mental condition or any treatment received by plaintiff in any year plaintiff was employed by any defendant.
7. All performance appraisals, evaluations, and reviews of plaintiff by any defendant.
8. All writings containing any reference to plaintiff's performance in plaintiff's last position with the corporate defendant.
9. All writings which have any notations or comments regarding the job performance, honesty, ability or diligence of plaintiff.
10. All writings concerning any awards or commendations from any defendant to plaintiff and any written compliments or communications received by any defendant concerning plaintiff's work.
11. All writings which relate or refer to plaintiff's hiring by the corporate defendant.
12. All writings which relate to or refer to any prehiring discussions between plaintiff and any defendant regarding plaintiff's future employment or possible employment with the corporate defendant.
13. All writings making reference to the decision to terminate plaintiff or any reason for that decision.
14. All writings which relate or refer to plaintiff's termination or any reason for plaintiff's termination.
15. All writings which were considered in making the decision to terminate plaintiff.
16. All writings regarding or referring to any review or investigation of plaintiff's termination.
17. All writings which support any contention by any defendant that good cause existed for plaintiff's termination.
18. All writings relating to or referring to any reason for plaintiff's termination.
19. All writings referring or relating to any attempts to find plaintiff another position with any defendant in lieu of or after termination.
20. All organizational charts (or the functional equivalent) which show the chain of authority above or below plaintiff in the last position held by plaintiff with the corporate defendant.
21. All job descriptions for the last position held by plaintiff with the corporate defendant in effect at any time while plaintiff held that position.
22. All writings setting forth job duties or performance standards for persons employed in the last position held by plaintiff with the corporate defendant.
23. All writings concerning the corporate defendant's policies or procedures for employee discipline or termination.
24. All employee handbooks, personnel policy manuals, personnel procedure manuals, lists of employee rules, supervisors' handbooks, writings used in seminars on termination or discipline given to supervisors and memoranda to supervisors regarding policies or procedures for discipline or termination of employees, but only those printed, typed or used at any time during plaintiff's employment with the corporate defendant.
25. All employee handbooks or other writings or materials provided to employees or prospective employees setting forth or explaining the corporate defendant's procedures or policies on hiring, promotion, transfer, layoff, termination, severance pay, salary, and employee benefits, but only those distributed during plaintiff's employment with the corporate defendant.
26. All writings setting forth or describing any policies, procedures or general practices of the corporate defendant regarding the evaluation of employees' job performance, but only those printed, typed or in use during plaintiff's employment.
27. All writings describing the policy of the corporate defendant toward employees whose performance is considered less than satisfactory, but only those printed, typed or in use during plaintiff's employment.
28. All writings signed by plaintiff which relate to or refer to any terms or conditions of plaintiff's employment with any defendant.
29. All writings given to plaintiff, shown to plaintiff, or made available for review by plaintiff which relate to or refer to any terms or conditions of plaintiff's employment with any defendant.
30. All writings regarding or referring to any discussions between plaintiff and any defendant regarding the terms or conditions of plaintiff's employment with any defendant.
31. All writings describing, summarizing or explaining any pension benefits and employee benefits available to employees of the corporate defendant at any time from plaintiff's termination to the present.
32. All writings by any individual defendant regarding or referring to plaintiff.
33. All writings setting forth the criteria used by ______________________ to determine which positions would be eliminated in 19-- and 19--.
34. All job descriptions of present __________________ for ___________________________.
LAWLESS, HOROWITZ & LAWLESS
Attorneys for Plaintiff