103.

Sample Interrogatories

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, Plaintiff, CIVIL ACTION NO. 91-1376-T v. JEFF BALDWIN d/b/a STACKMAN COURT APARTMENTS; UNITED STATES' FIRST SET OF INTERROGATORIES TO DEFENDANT VALERIE JACKSON d/b/a PRIME PROPERTIES; and CHRISTIE BROOKS, JEFF BALDWIN Defendants. _____________________________ To: Jeff Baldwin P.O. Box 5968 Woodland Park, CO 80866 Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff United States requests that Defendant Baldwin answer, in writing and under oath, the following Interrogatories and that a copy of such answers be served upon the Plaintiff within thirty (30) days after the service of these Interrogatories. In the event that Defendant Baldwin objects only to part of an interrogatory, he is required to furnish the information requested in the interrogatory that is not included within his partial objection. Definitions For the purposes of these interrogatories the following definitions are employed: "Documents" as used herein are defined as documents, records, books, papers, contracts, memoranda, invoices, correspondence, notes, photographs, drawings, charts, graphs, other writings, recording tapes, recording discs, mechanical or electronic information storage or recording elements (including any information stored on a computer), and any other "documents" as defined in Rule 34 of the Federal Rules of Civil Procedure. If a document has been prepared in several copies, or additional copies have been made that are not identical (or are no longer identical by reason of subsequent notation or other modification of any kind whatever), each nonidentical copy is a separate document. "Identify," "identification," or "identity" have the following meanings: when used in reference to a natural person it means to state the person's full name, current residence and business addresses, current residence and business telephone numbers and, if applicable, their title, dates of employment, and job description. If their current addresses are unknown, provide the last known business and residence address; when used in reference to a document it means to state the type of document (e.g., letter, memorandum, telegram, chart, etc.), its author and originator, its date or dates, all addressees and recipients, and its present location or custodian. If any such document was but is no longer in your possession or subject to your control, state what disposition was made of it. when used in reference to a legal entity, the structure of the business (i.e., corporation, partnership, sole proprietorship, association), a brief description of the nature of the business, and the business address and telephone number; used in reference to real property, the full address, legal description of the property, the type of structure (e.g., commercial, single-family residential, multi-unit dwelling) and the number of units. Interrogatories The identify each person with knowledge of facts or information which Defendant Baldwin claims refutes in any way the allegations of housing discrimination in this action. For each person identified in response to Interrogatory No. 1, please provide a summary of the facts or information in his or her possession allegedly refuting in any way the allegations of housing discrimination in this action. Please identify all documents which Defendant Baldwin claims refute in any way the allegations of housing discrimination in this action. Please provide the address of all real property other than the Stackman Court Apartments, in which Defendant Baldwin currently has an ownership, financial, management or other proprietary interest or has had such an interest at any time since January 1, 1987. For each piece of real property listed in response to Interrogatory 4, please provide the following information: Nature of the interest and date each interest was acquired and, if applicable, relinquished; Name, address and type of interest of any other person(s), corporations, companies, associations or other legal entities besides defendant(s) having ownership, financial, management or other proprietary interest in property; If such property is residential rental property, state the number of dwelling units located on each property; If such property is residential rental property, state the name, last known address, last known telephone number, description of duties and date of service for each person (including defendant) engaged in any way in the rental of dwelling units at each property for the period March 1, 1988 to the present. Please state whether any apartment building owned or managed by Defendant Baldwin has ever been the subject of a complaint, either oral or written, of any type of housing discrimination, either to Defendant Baldwin, his representatives or agents, or to any state, local or federal agency such as the Department of Housing and Urban Development, a local military housing referral office, or a local fair housing agency. If so, state the name and address of every complainant, the date of the complaint, the details of the complaint, to whom it was made, the defendant or representatives of the defendant who dealt in any way with the complaint, and the disposition of the matter. Identify all documents relating to such complaints. Identify the owner(s) of the residential rental property known as the "Stackman Court Apartments" located at 1207 Franklin Street, Wichita, Kansas 67208, and the legal form of ownership (i.e., whether there is sole ownership, or whether there is a corporation, a partnership or other legal entity which owns the property). If a legal entity owns any part of the Stackman Court Apartments, identify its partners, officers, directors, trustees or board members. Identify all persons or legal entities who have provided any management services at Stackman Court Apartments during any time from January, 1986 until the present. Please provide the following information for the period from March 1, 1988 to the present (if any of the information has changed during that period, indicate how and when it changed) regarding the Stackman Court Apartments: The total number of units; The total number of each type of unit (i.e., 1, 2, or 3 bedrooms or other specified size); The size in square feet of each unit, and of each bedroom in said unit; if Defendant Baldwin has drawings depicting the size of the units and/or bedrooms, please describe and/or produce; The number of units presently occupied or which were occupied at any time since March 1, 1988, by families with children under eighteen years of age. For each such unit occupied by families with children under eighteen years of age, indicate the number of bedrooms in the unit, the number of children residing in the unit, whether they reside, or resided, there on a full-time or part-time basis, the total number of occupants in the unit, the dates on which their tenancy began and ended, and the rental rate. Provide the name and current or last known address of all such tenants with children; and The number of persons presently occupying each unit, and, if different, the number of persons who occupied each unit since March 1, 1988. Describe any policies or procedures which currently exist or have ever existed at the Stackman Court Apartments since March 1, 1987 with respect to limiting the number of children allowed in an apartment, and/or limiting the number of persons allowed in an apartment. In addition to describing such policies or procedures, (a) identify the dates during which the policies or procedures were in effect at Stackman Court; (b) identify any other properties owned and/or managed by Defendant Baldwin where such policies or procedures are in effect; and (c) identify all documents or correspondence which contain information concerning such policies. Identify any person(s) who has sustained physical injury on-site at the Stackman Court Apartments since Defendant Baldwin obtained an ownership interest in the property. For each person so identified, briefly describe the injury sustained, the date such injury was sustained, and the manner in which such injury was sustained. For each person identified, also identify all documents relating or referring to him or her. Describe the business relationship between Defendant Baldwin and Defendant Valerie Jackson d/b/a Prime Properties that existed in June, 1989, including Defendant Jackson's duties and responsibilities, the compensation she was paid by Defendant Baldwin for carrying out those duties, the date that such a business relationship began and, if applicable, ended. Identify all documents relating or referring to such business relationship. Describe the business relationship between Defendant Baldwin and Defendant Christie Brooks that existed in June, 1989, including Defendant Brook's duties and responsibilities, the compensation she was paid by Defendant Baldwin for carrying out those duties, the date that such a business relationship began and, if applicable, the date that such relationship ended. Identify all records relating or referring to such business relationship. Identify and describe all records used or maintained by Defendant Baldwin, his employees or agents, relating to the rental of apartments at the Stackman Court Apartments, including, but not limited to, all applications, leases, waiting lists, rent ledgers, vacancy lists, telephone and visitor logs, employment records, credit checks, and repair and maintenance reports. Indicate the location of all such records and identify every person who has access to such records. Please state whether Defendant Baldwin has advertised the availability of dwelling units at the Stackman Court Apartments at any time from March 1, 1988 to the present, and if so, state the form and frequency of such advertising. Please describe the policies and procedures followed by Defendant Baldwin or his agents in renting apartments at Stackman Court Apartments, including, but not limited to, identification of the person or persons with ultimate responsibility for deciding whether or not to rent an apartment to a prospective tenant. With respect to the efforts of Virginia Childres to rent an apartment at the Stackman Court Apartments in or about June, 1989, please provide the following information: The name of the person(s) who showed Ms. Childres an apartment(s) at the Stackman Court Apartments, and the dates on which this occurred; The name of the person(s) who made the decision not to rent to Ms. Childres an apartment at Stackman Court Apartments, and, if different, the name of the person(s) who communicated this decision to Ms. Childres; The reasons that Ms. Childres was not rented an apartment at Stackman Court Apartments; and A description of any records or documents which in any way are related to Ms. Childres' efforts to rent an apartment at Stackman Court Apartments and the decision not to rent her an apartment there. Dated: January --, 1992 For the United States John R. Dunne Assistant Attorney General _________________________ Emily Metzger Paul F. Hancock U.S. Department of Justice Attorneys Kansas Bar No. 10750 Joseph D. Rich Assistant United States Attorney Jerri U. Dunston D.C. Bar No. 425979 306 United States Courthouse 401 North Market Street Wichita, Kansas 67202 (316) 269-6481 Civil Rights Division Housing and Civil Enforcement Section P.O. Box 65998 Washington, D.C. 20035-5998 (202) 514-8040 [cited in Civil Rights Resource Manual 60]