104.

Sample Request for Production of Documents

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA, Plaintiff, CIVIL ACTION v. NO. 94-1219 MELODY LAKES COUNTRY CLUB ESTATES and DELORES ISENHART Defendants. ______________________________ UNITED STATES' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS MELODY LAKES COUNTRY CLUB ESTATES AND DELORES ISENHART Pursuant to Federal Rule of Civil Procedure 34, plaintiff requests that defendants, Melody Lakes Country Club Estates (hereinafter "Melody Lakes"), and Delores Isenhart, produce and/or permit the United States to inspect and copy the documents described below on or before thirty (30) days after the date on the Certificate of Service or at such other place and time as counsel for both parties may agree upon. DEFINITIONS For the purposes of these interrogatories the following definitions are employed: "Documents" as used herein are defined as documents, records, minutes, notices, books, papers, contracts, memoranda, invoices, correspondence, notes, calendars, 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), written and recorded telephone messages, and any other "documents" as defined in Fed. R. Civ. P. 34. If a document has been prepared in several copies, or additional copies have been make that are not identical (or are no longer identical by reason of subsequent notation or other modification of any kind whatever, including with out limitation notations on the backs of pages thereof) each nonidentical copy is a separate document. "Relate" and "Relating" are defined as referring to, concerning in any way, being evidence of, or memorializing all or any portion of the specified facts, contentions, or matter referenced in the interrogatory. "And", "or", and "and/or" shall be construed as broadly as possible so that information otherwise within the scope of the request is not excluded. "Person" or "persons" means any natural person, group of natural persons, corporation, partnership, government agency or board, association, proprietorship, organization, or any other legal entity. CLAIMS OF PRIVILEGE If an objection to a request is based upon a claim of privilege or attorney work product, identify each document so withheld. With regard to all documents or portions of documents withheld on this basis, identify its creator, provide a brief description of the document, and state with particularity the basis of the claim of privilege, work product, or other ground of nondisclosure. LOST OR DESTROYED DOCUMENTS If any document requested has been lost, discarded, or destroyed, identify such document. State the type of document, its date, the approximate date it was lost, discarded, or destroyed, the reason it was lost, discarded or destroyed, a summary of its substance, and the identity of each person having knowledge of the contents thereof. CONTINUING OBLIGATION This demand is deemed to be continuing in nature, and in the event you become aware of or acquire in your possession, custody, or control additional responsive documents, you are requested promptly to produce such additional documents for inspection and copying. DOCUMENTS REQUESTED All documents prepared by bookkeeper, certified public accountant, public accountant or other individual or entity retained for the purpose of performing financial accounting practices for each of defendants business operations since January 1, 1990. All documents sufficient to show bank account statements for bank accounts maintained by defendants in any capacity for the period January 1, 1990 to the present. Federal and state tax returns for defendant for 1990, 1991, 1992 and 1993. Documents sufficient to show the net worth of the defendants, including the identification and value of all properties and other assets owned in whole or in part by the defendant, profit and loss statements for each year since 1990 for properties owned by the defendants, and all debts and liabilities of the defendants. Also included in this request are any financial statements that relate to the defendants' assets, inventories, liabilities, gross and net income, and the amount of any undistributed profits in the defendant's businesses. All documents which constitute, refer, or relate in any way to any formal or informal complaint of discrimination in housing against either defendant, their partners, co-investors, agents, contractors, or employees. All documents that constitute, refer or relate to reports or opinions consulted or submitted by an expert or potential expert witness retained or consulted by the defendant with respect to the issues raised in this case. Any insurance agreement for Melody Lakes and Delores Isenhart presently in effect or in effect at any time since January 1, 1990, under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment . Any insurance agreement for Melody Lakes and Delores Isenhart presently in effect or in effect at any time since January 1, 1990, under which any person carrying on an insurance business may be liable to satisfy costs of accidents and unforseen events occurring at Melody Lakes. All documents relating to the rental qualifications, background standards, and any other criteria that have been applied by the defendants at any time since January 1, 1990 to persons who sought to rent or lease a lot at Melody Lakes. Included in this request are any instructions or communications to or between employees, owners, managers, or rental agents, that concern such qualifications, standards, or criteria for the selection of rental applicants, including those standards relating to children or familial status, and an explanation for any change in such standards. All documents which set forth the policies and procedures in place at any time since January 1, 1988 and which were used in renting lots and selling manufactured homes at Melody Lakes from the time an inquiry is made to the point when a lease or contract is signed. Documents sufficient to show, for the period from January 1, 1988 to the present, (a) the number of lots at Melody Lakes; (b) the identity, lot number and dates of occupancy of all tenants at Melody Lakes; and (c) the identity, lot number and dates of occupancy of all tenants who have had children under the age of eighteen (18) years reside with them at Melody Lakes. All instructions or communications that have been provided by the defendants to their employees, managers, and agents at Melody Lakes at any time since January 1, 1988 that relate to the requirements of and compliance with the Fair Housing Act of 1968, and/or the Fair Housing Amendments Act of 1988, 42 U.S.C. §� et seq. Copies of all bulletins, notices, or other publications which have been provided to tenants and/or rental applicants at Melody Lakes from January 1, 1987 to the present, that relate to the requirements of the Fair Housing Act of 1968, and/or the Fair Housing Amendments Act of 1988. All documents relating to operational budgets for the years 1990, 1991, 1992, and 1993. Copies of all water and sewer bills at Melody Lakes Country Club Estates since 1990. All documents relating to the cost of construction, operation and maintenance of on-site wells at Melody Lakes. All documents relating to the cost of construction, operation and maintenance of sewage treatment facilities at Melody Lakes. All documents relating to the cost of providing security at Melody Lakes, including, but not limited to, contracts with private security firms and officers, and wage information. All documents relating to the cost of construction, operation and maintenance of swimming pool, game room, golf course, clubhouse, and streets at Melody Lakes. Any other document relating to the cost of operating Melody Lakes. Respectfully submitted, Janet Reno Attorney General Deval L. Patrick Assistant Attorney General Paul F. Hancock Chief, Housing and Civil Enforcement Section _____________________________ Isabelle M. Thabault Patrick J. Markey Attorneys U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section P.O. Box 65998 Washington, D.C. 20035-5998 (202) 514-6140 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing plaintiff United States' First Request For Production of Documents to Defendants Melody Lakes Country Club Estates and Delores Isenhart was sent via United States Mail to the following counsel of record: Michael J. Clement Kenneth O. Sprang III Wisler, Pearlstine, Talone, Craig, Garrity & Potash Office Court at Walton Point 484 Norristown Road Blue Bell, PA 19422 Done this ______________ day of ____________ , 1994 _____________________________ Patrick J. Markey Trial Attorney U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section P.O. Box 65998 Washington, D.C. 20035-5998 (202) 514-6140 [cited in Civil Rights Resource Manual 60]