116.

Sample Request for Production of Documents to Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, CIVIL CASE NO. 5:93CV2636 Plaintiff, JUDGE WHITE v. ELDON WEST and THEADORA WEST, Defendants. PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Plaintiff United States of America hereby requests that Defendants Theadora West and Eldon West produce for inspection and copying the documents specified below at the office of the United States Attorney for the Northern District of Ohio, 1800 Bank One Center, 600 Superior Avenue, East, Cleveland, Ohio 44114, or by sending such documents to Cheryl L. Ziegler, U.S. Department of Justice, P.O. Box 65998, Washington, DC 20035-5998, within 30 days from the date of service of this request. DEFINITIONS For purposes of this request for production of documents, the following definitions apply: "Defendant" or "Defendants" refers to the defendants named in this lawsuit, as well as any other person or entity in their agency or employ. "Documents" includes records; books; papers; contracts; memoranda; invoices; correspondence; notes; minutes of any meetings, including meetings with agents or employees; instructions; guides; compilations of rules, regulations, or policies; daybooks; calendars; photographs; telegrams; messages; drawings; charts; graphs; other writings; recording tapes; recording discs; mechanical or electronic information storage or recording elements; and any other "documents" as that word is defined in Rule 34 of the Federal Rules of Civil Procedure. "Relate" or "relating to" is defined as showing, reflecting, referring to, constituting, evidencing, or concerning in any way all or any portion of the subject matter of the facts, contentions, or matter referenced in the interrogatory. "Person" means any natural person, group of natural persons, corporation, partnership, government agency or board, association, proprietorship, organization, or any other legal entity. "Non-identical copies" means any copy of a document that is not identical to any other copy thereof, by reason of any alterations, marginal notes, comments, or other material contained thereon or attached thereto, or otherwise. "Fair Housing Act of 1968" refers to Title VIII of the Civil Rights Act, 42 U.S.C. §§ 3601-19. "Fair Housing Amendments Act of 1988" refers to Title VIII of the Civil Rights Act, 42 U.S.C. §§ 3601-19, as amended by Public Law 100-430. "Subject property" refers to the apartment building located at 14720 St. Rt. #44 in New Baltimore, Ohio, that is the subject of this lawsuit. INSTRUCTIONS These requests apply to all documents in the possession, custody, or control of any defendant regardless of their location and regardless of whether such documents are held by a defendant's agents, employees, representatives, attorneys, or any other person. These requests are continuing in nature. In the event Defendants become aware of or acquire possession, custody, or control of additional responsive documents, Defendants shall promptly produce such additional documents for inspection and copying. All "non-identical copies" of every document whose production is sought shall be separately produced. All documents produced in response to an individual request shall be physically segregated from documents produced in response to any other requests, and the request to which they are responsive shall be specifically identified. If a document is responsive to more than one request, each of the requests to which the document is responsive shall be specified. In producing the documents, all documents which are physically attached to each other shall be left so attached. Documents which are segregated or separated from other documents, whether by inclusion in binders, files, subfiles, or by use of dividers, tabs, or other methods, shall be left so segregated or separated. Documents shall be retained in the order in which they were maintained in the file where found. If an objection to a request is based upon a claim of privilege, attorney-work product, or any other basis, identify in writing each document so withheld by providing at least the following information: the title and the subject matter of the document; the title and the position of the sender of the document; the identity and position of each person who participated in the preparation of the document or on whose behalf the document was prepared; the identity and position of all persons (1) to whom the document was addressed, (2) to whom the document was sent, (3) who have seen the document, (4) who have possession or custody of the document, and (5) who have had disclosed to them any of the contents of the documents; and a detailed statement of the basis for withholding the document, including facts establishing any claim of privilege, facts showing that the privilege has not been waived, and the status of the person claiming the privilege. Identify and produce all segregable portions of any responsive document to which a claim of privilege, attorney work product, or other basis for withholding the document does not apply. Identify all responsive documents that have been lost, discarded, or destroyed. In so doing, state the type of document, its date, the approximate date it was lost, discarded, or destroyed, and the identity of each person having knowledge of the contents thereof. REQUESTS FOR PRODUCTION All documents identified in response to Plaintiff's First Set of Interrogatories to Defendant Theadora West. All documents identified in response to Plaintiff's First Set of Interrogatories to Defendant Eldon West. Documents, such as maps, blueprints, diagrams, or photographs, sufficient to show the layout of the apartments located at the subject property. Documents sufficient to show the names, addresses, and dates of occupancy for all residents of the subject property during the period from January 1, 1989, to the present. All documents contained in any tenant files for the residents of the subject property from January 1, 1989, until the present. All documents that contain or otherwise relate to facts or information that Defendants contend refute, in any way, the allegations contained in the Complaint in this action. All reports submitted by any expert witness or potential expert witness retained or consulted by any Defendant with respect to the issues raised in this case. All instructions, communications, bulletins, notices or other documents 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., provided by any defendant to any employees, agents, or other persons or entities (including tenants or prospective tenants) at any time since January 1, 1988. Minutes or other records of any and all meetings, communications, or conversations, between or among any of the defendants, or their employees or agents, at which any of the following matters was discussed: the attempt by Kenneth Lute to rent an apartment at the subject property; and the Fair Housing Act of 1968, and/or the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601, et seq. All documents that relate to any housing discrimination complaint against any Defendant filed in any federal or state court, or before any federal, state, or local administrative tribunal. All documents, including letters, received by any Defendant since January 1, 1989, that contain allegations that any Defendant, or any of their employees or agents acting within the scope of their employment, either violated or may have violated, any fair housing statute, including but not limited to the Fair Housing Act, as amended, 42 U.S.C. § 3601, et seq. All documents that relate to the net worth of each Defendant, including the identification and value of all properties and other assets owned in whole or in part by Defendants, profit and loss statements for each year since 1988 for properties owned by Defendants, all debts and liabilities of Defendants, and copies of Defendants' federal and state tax returns for each year from 1989 to the present. Include in this request all financial statements that relate to Defendants' assets, inventories, liabilities, gross and net income, and the amount of any undistributed profits in Defendants' businesses. Deeds, restrictive covenants, articles of incorporation, and bylaws for the subject property. Deeds to each piece of real property, other than the subject property, owned in whole or in part by any Defendant since January 1, 1989. Any liability insurance policies for the subject property presently in effect or in effect at any time since January 1, 1989. Any document prepared or issued by any Defendant which, in any way, addresses Defendants' policy with regard to issues relating to handicapped persons residing or attempting to reside at the subject property. All documents that refer or relate in any way to Kenneth Lute, Jr., Kenneth Lute, Sr., or Amy Finch. Documents sufficient to show the order of appointments and sequence of telephone calls related to the renting of the apartment at the subject property that Kenneth Lute attempted to rent. _____________________ Marcia W. Johnson Assistant United States Attorney 1800 Bank One Center 600 Superior Avenue, East Cleveland, Ohio 44114-2600 (216) 622-3670 ____________________ Brian F. Heffernan Cheryl L. Ziegler Attorneys Housing and Civil Enforcement Section U.S. Department of Justice P.O. Box 65998 (202) 514-8033 [cited in Civil Rights Resource Manual 60]