Free Motion to Compel - District Court of Delaware - Delaware

I Case 1 :04-cv—O1469-SLR Document 36-3 Fi|ed`O8/O3/2006 Page -1 of 3 - i A
~ i IN THE UNITED STATES DISTRICT COURT , _ · I
` . FOR THE DISTRICT OF DELAWARE » ‘ — . ‘ · A
STANFORD L. BURRIS, I A ‘ )_ _ . I UA A _
I i Plaintiff, ( j . A I A I v
I v. A U l i C.A. No.: 04-1469 (SLR) A' A l _ (
it RICHARDS PAVING, INC. j i I A A_ j A
I Defendant. 3 ` j l ` .Ai i
‘ » I I PLAINTIFFS FIRST REQUEST FOR A , . · I U ° · _
A, , I PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT A `
‘ The Plaintiff retjuests the Defendant, pursuant to Rule 34, Federal Rules of Civil _ — _ U .
Procedure, to produce for examination and copying at the offices of the attorney for the _ ( A
( U Plaintiff within thirty (30) days of the date of service hereof the following items:
i _ I . General Objections A ( I .
I l 1. Richards Paving, Inc., (hereinafter referred to as ‘A‘Richards Paving?’), objects
to Plaintiff’s Discovery on the grounds that it is overly broad, unduly burdensome, seeks A__ U I
I . _ information which is not relevant to ·Plaintiff’s cause of action, aridseeks information .
· which is not reasonably calculated to lead to the discovery of admissible evidence.
. Without waiving this objection, and subject to any additional objections herein, Richards A _ _
I Paving provides its Answers herein. O A l A _
2. Richards Paving objects to Plaintiff’s Discovery to the extent that said
( Discovery seeks information protected by either the attorney-client privilege or the work l I ‘A A A
—product doctrine. Without waiving this objection, and subject to any additional- .
A objections herein, Richards Paving provides its Answers herein. l A .

A Case A1 :04-cv-01469-SLR DocumentA36-3 A Filed 08/O3/2006 Page 2 of 3
AA . A 3. Richards Paving objects to Plaintiff’s Discovery to the extent thatAit seeks A _
_ V information that is not within the custody or control of Richards Paving, is otherwise
A < public domain, or is otherwise equally or more available to Plaintiff than to Richards V .
" Paving. Without waiving this objection, and subject to any additional objections herein, A .
j ‘ A• Richards Paving provides its Answers herein. A V . · _· ‘ A
A _ t U p _ 4. Richards Paving objects to Plaintiff’s Discovery to the extent that it asserts _ ‘
A and/or assumes unproven conclusions as- established facts. Without waiving this
A A l objection, and subject to any additional objections herein, Richards Paving provides its , A
A 1 _ Answers herein. A A A A ’ A ‘
_ A A 5. Richards Paving objects to Plaintiff’s Discovery to the extent that it _
‘ A ~ p assumes _the truth of the allegations which are in dispute in this litigation and/or makes A »
A ` _ incorrect and/or untrue assertions, and/or assumes unproven conclusions as established ‘ A
A A facts. Without waiving this objection, and subject to any additional objections herein, A A
A A Richards Paving provides its Answers herein. _ A . Z
· V ‘ 6. A Richards Paving objects to Plaintiff’s Discovery to the extent that it seeks ` - A 4
A to require it to provide information other than that which may be obtained through a A
~ reasonably diligent search of its records. A A · . · i A·
7. The responses made herein are made without in any way waiving or . ,» A
t i intending to waive, but on the contrary intending to reserve and reserving: (1) the right to
A object on the grounds of competency, privilege, relevancy, and materiality, or any other A
proper ground, to the use of such information, for any purpose, in whole or in part,Ain any A
subsequent step or proceeding in this action or any other action;_(2) the right to object on
‘ any and all grounds at any time, to any other discovery procedure involving or relating to

‘ Case 1 :04-cv-01469*-ASLR Document 36-3 Filed 08/O3/2006 Page is of 3 r A —
the subject matter of Plaintiff’s Discovery; and (3) the right to supplement these answers · 1
A . should additional information be discovered., ‘ ` _ 1 ‘ V _ A l
· Notwithstanding and without waiving these objections, Richards Paving hereby "` l
· responds to Plaintiff’s Discovery as follows: _ 4 A · ‘ A · V t
A. 1. ` Copies of any and all materials furnished to the Delaware Department of Labor
A f concerning its investigation of the Complaint filed by the plaintiff in this matter. 1 i - E S
RESPONSE: ‘ A l
’ · ‘ Richards Paving objects to this Request for Production of documents, as overlybroad, if A
A burdensome, and harassing. By way of further response, this request has no basis in law. - `
1 P A - ~ ELZUFON AUSTIN REARDON I
A . t t . TARLOV MONDELL, P.A.· A
As to Objections: . A ‘ . .
» · MATTHEW P.'DONELS ON (]D`#4243) A
‘ ‘ l , r 300 Delaware Avenue, 17th Floor ` __
° 1 , P. O. Box 1630
A s Wilmington, DE 19899-1630 I . r
` A ` (302) 428-3181 . A
· 1 V Attorney for Defendant `
l Richards Paving, Inc. . V I P
, Dated: ` k . 1 I · ..