rtd's first set of written discovery to plaintiff 2014-06-25 12-43-39 2014-6-25

DISTRICT COURT, CITY AND COUNTY OF DENVER

STATE OF COLORADO

Court Address: 1437 Bannock Street, Room 256

Denver, CO 80202

COURT USE ONLY

TABOR FOUNDATION, a Colorado non-profit

corporation, and PENN PFIFFNER,

Plaintiffs,

v.

REGIONAL TRANSPORTATION DISTRICT, et al.

Defendants.

Marla L. Lien, Atty. Reg. No. 12394

Jenifer Ross-Amato, Atty. Reg. No. 34665

Attorney for Defendant Regional Transportation District

1600 Blake Street

Denver, Colorado 80202-1399

Phone Number: 303-299-2207

Fax Number: 303-299-2217

E-Mail: [email protected]

Case No.: 2013CV854

Div./Ctrm: 424

RTDS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF

Defendants Regional Transportation District and its Directors, (RTD) hereby propound the following Interrogatories and Requests for Production (Discovery Requests) to be answered by the Plaintiff in this action, TABOR Foundation (Foundation or Plaintiff), under oath and in writing. All responses and responsive Documents should be delivered to the offices of Marla Lien,

Esq., Regional Transportation District, 1600 Blake Street, Denver, Colorado 80202, no later than

thirty five (35) days following the delivery of these discovery requests, pursuant to Colo. R. Civ. P.

26, 33, 34, and 36.

DEFINITIONS AND INSTRUCTIONS

1. The terms you, your, Plaintiff, and Foundation shall refer to Plaintiff TABOR Foundation, the party to whom these Discovery Requests are directed, and its respective

SERVED ONLY: June 25, 2014 12:45 PM FILING ID: 884059BB3944F CASE NUMBER: 2013CV854

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agents, directors, employees, attorneys, and all other Persons acting or purporting to act on its

behalf, unless otherwise specified.

2. The term Defendant shall refer to Defendant Regional Transportation District and its Directors, and its respective agents, employees, attorneys, and all other Persons acting or

purporting to act on their behalf, unless otherwise specified.

3. The term Document is intended to be as broad as it is used in Colo. R. Civ. P. 34, and includes, without limitation, the original and any and all non-identical copies (whether in

paper or electronic form) of the following: all drafts, whether written, printed, produced by hand

or reproduced by any process; notes; correspondence; letters or correspondence of any kind;

memoranda; notebooks or notes of any character; calendars including electronic calendars;

records, notes or summaries of telephone conversations or Personal conversations; electro-

magnetic tape records; video recordings; audio recordings; data summaries, collections or

analysis whether maintained in a database or otherwise; transcripts of records of any nature;

computer printouts or storage media, including disks and tapes of any kind; electronic

Communications, including without limitation email, instant messages and social media; diaries

or daily summaries; routing slips or memoranda; publications; invoices; minutes, records and/or

summaries of interviews; agendas; opinions and/or reports of consultants; studies; charts;

photographs; drawings; forecasts; agreements and contracts, including all modifications and/or

revisions to drafts, reports and/or summaries of negotiations; checks; financial records;

brochures; pamphlets; trade letters and publications; press releases; advertisements; instructions;

drafts of and translations of any recorded material of any kind known to you or in your custody

or control whether or not in your physical possession. Any Document bearing on any sheet or

side thereof, any marks, including by way of illustration only and not by way of limitation,

initials, stamped indicia, any comment or any notation of any character not part of the original

text, or any reproduction thereof, is to be considered a separate Document. All Documents must

be produced in their original format.

4. If, in response to a Request for Production of Documents, your response is that

the Documents are not in your control, please identify who has control and the location of the

Documents.

5. Identify, when used with respect to a Document, means to provide all of the following information known or reasonably available to you: author(s) (including the author(s)

of any annotations on the Document), recipient(s) (including all recipients of copies), the date the

Document was generated, the type of Document, the subject matter of the Document, the

Documents original format, and the Documents present or last known location. In lieu of identifying any Document, a copy thereof may be provided.

6. Identify, when used with respect to a Person, means to provide all of the following information known or reasonably available to you: name, residence, Personal address,

business address, resident and business telephone numbers, email address, social media

identifier, website, and current employer.

7. Identify, when used with respect to a corporation (non-profit or profit), partnership or other entity means to provide all of the following information known or

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reasonably available to you: name, the nature or type of business entity, business address of its

principal office, principal office telephone number, website, and known representatives.

8. Identify, when used with respect to oral statements or Communications, means to state the maker, recipient, when made, where made, the Person(s) present when the

Communication was made, the mode and/or form of Communication (including without

limitation electronic Communication), and the subject matter of the Communication.

9. Communication is the transmission from one Person to another or in the presence of another, whether written, oral, telephonic, electronic, social media or by any other

means.

10. Person means the plural as well as the singular and includes, without limitation, any natural Person as well as any public agency, firm, corporation, unincorporated association,

partnership or other form of legal entity unless the context clearly indicates otherwise. When the

male or female gender is used, it shall refer to both male and female.

11. As to any Interrogatory that calls for identification of Persons or Documents, if

you do not know and cannot obtain information sufficient to provide a full identification of a

particular Person or Document, but you are able to provide a partial identification, then you

should provide such partial identification and state that the identification is partial.

12. The phrase relevant to has the same meaning that it has in Colo. R. Civ. P. 26(b).

13. If you or your attorneys, agents, employees, consultants or representatives had, at

any time, possession of any Document called for in this request that has been lost, destroyed,

purged or is no longer in your possession and control, identify each such Document and describe

the circumstances surrounding its loss, indicating the date or dates upon which each such event

occurred and the present location of the Document, if in existence.

14. If you object to any portion of these Interrogatories or Requests for Production of

Documents, state the specific ground for such objection and respond to the Interrogatory or

Request for Production of Documents to the extent to which there is no objection.

15. If you consider any Document to be privileged, provide the following for each

such Document:

a. identify the Document as required by paragraph 5 above;

b. describe the subject matter of the Document;

c. identify the privilege asserted;

d. explain fully the basis for the claim of privilege;

e. identify each and every Person who has seen or had possession of the

original or a copy of the Document; and

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f. identify each and every Person who has learned the substance of the

Document.

16. If any requested Documents have already been produced in connection with this

action, note this fact in your identification of the Document. You need not produce copies of any

Documents that you have already produced.

17. If the answer to any Interrogatory is not made from the personal knowledge of the

Person answering, identify each Person from whom or Document from which the information

was obtained to make the particular answer and identify each Person having Personal knowledge

of such information.

18. These Interrogatories and Requests for Production of Documents are deemed to

be continuing to the fullest extent permitted by Colo. R. Civ. P. 26. Should any information or

material come to your attention, possession, custody or control subsequent to the service of

responses hereto, this additional information or material should be furnished to RTDs attorneys as soon as possible.

19. In your written responses, as a courtesy, please restate the request immediately

preceding the answer.

INTERROGATORIES

RTD requests that Plaintiff answer the following Interrogatories under oath, in

accordance with Colo. R. Civ. P. 33.

Interrogatory No. 1:

Identify each and every Person who participated in or contributed to the information

provided in or the drafting of your responses to RTDs First Set of Interrogatories and Requests for Production of Documents.


Please describe in detail any Communications any representative, staff member, director,

agent or member of the TABOR Foundation has had with any individual or entity prior to

October 22, 2013 concerning the facts and circumstances surrounding the allegations in the

Complaint. Please include in your answer, without limitation, the identity of the individual or

entity with whom you have communicated, the dates of any such Communications, the contents

of any such Communications, and the identity of any witnesses to any such Communications.


If you contend that RTD by any of its directors, officers, agents, attorneys, employees or

managers, has made any admissions or declarations concerning the subject matter of this lawsuit

on which you intend to rely in this case or which support any of your allegations in the

Complaint, please describe any such admissions in detail. Please include in your answer,

without limitation, the identity of the Person making any such statement, the substance of any

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such statement, the date of any such statement, the identity of any witness to any such statement,

the identity of any witness to any such statement, and whether the statement was ultimately reduced

to writing.


Please identify each and every Person who is a member, staff (paid or unpaid), volunteer,

director, attorney or is otherwise affiliated with the TABOR Foundation. For each Person

identified, please also state the dates during which that Person was affiliated with the TABOR

Foundation and how that Person was affiliated with the TABOR Foundation.


Please identify each and every posting on any social media website or other electronic

media made by a Person who is a member, staff (paid or unpaid), volunteer, or is otherwise

affiliated with Foundation that in any way refers, relates or pertains to RTD, or HB 13-1272 from

the period September 1, 2012 to October 22, 2013.

REQUESTS FOR PRODUCTION OF DOCUMENTS

Pursuant to Colo. R. Civ. P. 34, Defendant RTD requests that Plaintiff address the

following requests and produce the Documents for inspection and/or photocopying at the office

of Marla Lien, Esq., Regional Transportation District, 1600 Blake Street, Denver, Colorado

80202, within the time required by Colo. R. Civ. P. 34.

Request for Production No. 1:

Please produce all Documents that are or were:

(a) described, referenced, or identified in response to any Interrogatory above;

and/or

(b) read, reviewed, or consulted in preparing your answer to any Interrogatory

above.


Please produce all filings, submissions, communications or other Documents from the

TABOR Foundation to and between the Colorado Department of Revenue made in the years

2010-2014.


Please produce all filings, submissions, communications or other Documents from the

TABOR Foundation to and between the United States Internal Revenue Service made in the

years 2010 - 2014.