united states district court - … states district court southern district of florida case no....

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

Case No. 11-21757-Civ-Martinez/McAliley

__________________________________________Federal Trade Commission, and )State of Florida, Office of the Attorney General, )

)Plaintiffs, )

) v. )

)VGC Corporation of America, )a Florida Corporation, also d/b/a All Dream(s) ) Vacations, All Dreams Travel, Five Star(s) ) Vacations, 5 Star(s) Vacations, Total Tours, )and Travel & Tours Corp., )

)All Dream Vacations Corp., ) a Florida Corporation, also d/b/a )All Dreams Vacations, )

)Violeta Gonzalez, a/k/a Violeta Rojas, )individually, and as an officer of )VGC Corporation of America, )

)Cesar A. Gonzalez, )individually, and as an officer of VGC )Corporation of America, )

)Samir Jose Saer Rodriguez, a/k/a Samir Saer, )individually, and as an officer of )VGC Corporation of America and )All Dream Vacations Corp., )

)Defendants. )

__________________________________________)

Plaintiff Federal Trade Commission’s Motion and Memorandum to Compel Discoveryfrom Defendants VGC Corporation of America, Violeta Gonzalez and Cesar A. Gonzalez

Case 1:11-cv-21757-JEM Document 103 Entered on FLSD Docket 10/25/2011 of 4

1 Plaintiff further informed Defendants’ counsel that it would thereafter deem as admitted Plaintiff’s Requests for Admission, which it had served with the other discovery requests.

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COMES NOW, Plaintiff, Federal Trade Commission ( “Plaintiff”), and moves for an

order compelling discovery from Defendants VGC Corporation of America, Violeta Gonzalez

and Cesar A. Gonzalez (“Defendants”), for the following reasons:

1. On September 16, 2011, the Plaintiff properly served Defendants with

discovery demands, including requests to produce documents and interrogatories.

2. Defendants’ discovery responses were due on or before October 19, 2011.

3. On two different occasions, the Plaintiff notified Defendants’ counsel that

discovery responses were due on or before October 19, 2011.

4. The FTC did not receive discovery responses from Defendants on or before

October 19, 2011.

5. On October 20, 2011, Plaintiff’s counsel conferred with Defendants’ counsel

regarding the overdue discovery responses. Defendants’ counsel informed the Plaintiff that

Defendants did not intend to produce discovery because Defendants were interested in settling

the matter. The Plaintiff informed Defendants’ counsel that, because no settlement existed and

the parties have not been excused from their discovery obligations by the Court, the Plaintiff

would thereafter move to compel the overdue discovery.1

6. Under Fed. R. Civ. P. 26(b)(1), “parties may obtain discovery regarding any

nonprivileged matter that is relevant to any party’s claim or defense.” Rule 37(a)(3)(B) permits

a party to move for an order compelling answers to interrogatories or for the production of

documents requested if the recipient of the discovery request fails to answer or respond.

7. For all of the above reasons, the Plaintiff respectfully requests this Court enter an

Order compelling Defendants to answer the discovery as requested. Plaintiff’s discovery

requests are attached as Attachments A, B, and C.

PURSUANT TO Local Rule 7.1(a)(3)(A), undersigned counsel certifies that they

conferred in good faith with Defendants’ counsel, but were unable to resolve the issue.

[SIGNATURE PAGE FOLLOWS.]


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Respectfully submitted,

WILLARD K. TOMGeneral Counsel

Dated: October 25, 2011 s/ Ambar J. Carvalho _______Valerie M. VerduceSpecial Bar No. [email protected]

Ambar J. CarvalhoSpecial Bar No. [email protected]

225 Peachtree Street, Suite 1500Atlanta, Georgia 30303Tel: (404) 656-1354 (Verduce) (404) 656-1355 (Carvalho)Fax: (404) 656-1379

Attorneys for PlaintiffFederal Trade Commission


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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served by CM/ECF to

all counsel of record and the Court-appointed receiver listed on the service list below, on

October 25, 2011.

s/ Ambar J. CarvalhoAmbar J. CarvalhoSpecial FL Bar No. A5501609

Service List

Juan D. Berrio, Esq.Berrio & Berrio, P.A.2333 Brickell Avenue, Suite A-1Miami, FL 33129Tel: (305) 358-0940Fax: (305) 358-5113 Attorney for DefendantsSamir Jose Saer Rodriguez andAll Dream Vacations Corp.

Allison FinnAssistant Attorney GeneralOffice of the Attorney GeneralEconomic Crimes DivisionThe Capitol, PL-01Tallahassee, Florida 32399850-414-3600, telephone850-488-4483, facsimileAttorney for Plaintiff, State of Florida, Office of the Attorney General

Miguel ArmenterosPerlman, Bajandas, Yevoli & Albright, P.L.1000 Brickell Avenue, Suite 600Miami, Florida 33131305-377-0086, telephone305-397-1136, facsimileAttorney for DefendantsVGC Corporation of AmericaVioleta Gonzalez, and Cesar Gonzalez

Jonathan PerlmanGenovese Joblove & Battista, P.A.Miami Tower, 44th Floor100 Southeast 2nd StreetMiami, Florida 33131305-349-2300, telephone305-349-2310, facsimileReceiver for the Corporate Defendants


Attachment “A”

Case 1:11-cv-21757-JEM Document 103-1 Entered on FLSD Docket 10/25/2011 Page 1 of 17

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Miami Division Case Number: 11-21757-CIV-Martinez-McAliley

__________________________________________ Federal Trade Commission, et al., ) ) Plaintiffs, ) ) v. ) ) VGC Corporation of America, et al., ) ) Defendants. ) __________________________________________)

PLAINTIFF FEDERAL TRADE COMMISSION’S FIRST INTERROGATORIES TO VGC CORPORATION OF AMERICA

Plaintiff Federal Trade Commission requests that Defendant VGC Corporation of

America answer each of the following Interrogatories in compliance with the provisions of Rule

33 of the Federal Rules of Civil Procedure and Local Rule 26(1)(g).

INSTRUCTIONS

A. Pursuant to Rule 33 of the Federal Rules of Civil Procedure, these Requests shall be

answered, to the extent not objected to, separately and fully in writing under oath by you

within thirty days of service.

B. Section IV.A. of Appendix A to the Local Rules requires that you furnish whatever

information is available, even if other requested information is lacking. When in doubt

about the meaning of an interrogatory, you should give it a reasonable interpretation

(which may be specified in the response).

C. The singular shall include the plural and vice versa; the terms “and” or “or” shall be both

conjunctive and disjunctive; and the term “including” mean “including without

limitation.”


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D. If an answer references a document or electronically stored information, it should be

attached or identified and made available for inspection.

E. Pursuant to Federal Rule of Civil Procedure 33(d), if the answer to an interrogatory may

be determined by examining, auditing, compiling, abstracting, or summarizing a party's

business records (including electronically stored information), and if the burden of

deriving or ascertaining the answer will be substantially the same for either party, the

responding party may answer by:

1) specifying the records that must be reviewed, in sufficient detail to enable the

interrogating party to locate and identify them as readily as the responding party

could; and

2) giving the interrogating party a reasonable opportunity to examine and audit the

records and to make copies, compilations, abstracts, or summaries.

F. If you object to fully identifying a document, electronically stored information or oral

communication because of a privilege, you must nevertheless provide the following

information, unless divulging the information would disclose the privileged information:

1) the nature of the privilege claimed (including work product);

2) if the privilege is being asserted in connection with a claim or defense governed

by state law, the state privilege rule being invoked;

3) the date of the document, electronically stored information or oral

communication;

4) if a document: its type (e.g., letter or memorandum) and, if electronically stored

information, the software application used to create it (e.g., MS Word or MS

Excel Spreadsheet), and the custodian, location, and such other information


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sufficient to identify the material for a subpoena duces tecum or a production

request, including where appropriate the author, the addressee, and, if not

apparent, the relationship between the author and addressee;

5) if an oral communication: the place where it was made, the names of the persons

present while it was made, and, if not apparent, the relationship of the persons

present to the declarant; and

6) the general subject matter of the document, electronically stored information or

oral communication.

G. Pursuant to Rule 26(e) of the Federal Rules of Civil Procedure, this Request shall be

deemed continuing so as to require further and supplemental production in the

event that you obtain or discover additional responsive information between the

time of your response and the time of trial.

H. Unless otherwise stated, the relevant time period for the information requested is January

1, 2008 through the date of final disposition of this litigation.

DEFINITIONS

1. “Agent” means any agent, employee, officer, director, attorney, independent contractor

or any other person acting at the direction of or on behalf of another.

2. “Asset” or “Assets” means any legal or equitable interest in, right to, or claim to, any

real or personal property, including, but not limited to: “goods,” “instruments,”

“equipment,” “fixtures,” “general intangibles,” “inventory,” “checks,” or “notes,” (as

these terms are defined in the Uniform Commercial Code), lines of credit, chattels,

leaseholds, contracts, mail or other deliveries, shares of stock, lists of consumer names,

accounts, credits, premises, receivables, funds, and all cash, wherever located.


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3. “Corporate Defendants” means Defendant VGC Corporation of America, also d/b/a All

Dream(s) Vacations, All Dreams Travel, Five Star(s) Vacations, 5 Star(s) Vacations,

Total Tours, and Travel & Tours Corp., and Defendant All Dream Vacations Corp., All

Dream Vacations Corp., also d/b/a All Dreams Vacations, and any directors, officers,

employees, agents, representatives or other persons acting, or purporting to act, on behalf

of Defendants VGC Corporation of America or All Dream Vacations Corp.

4. “Defendant” or “VGC” or “you” or “your” means Defendant VGC Corporation of

America, also d/b/a All Dream(s) Vacations, All Dreams Travel, Five Star(s) Vacations,

5 Star(s) Vacations, Total Tours, and Travel & Tours Corp., and any directors, officers,


of Defendant VGC Corporation of America.

5. “Financial institution” means any bank, savings and loan institution, credit union, or

any financial depository of any kind, including, but not limited to, any brokerage house,

trustee, broker-dealer, escrow agent, title company, commodity trading company, or

precious metal dealer.

6. “Identify,” when used in reference to an individual, means to state his or her full name,

present of last know (designating which) residence address, and present or last known

(designating which) business address and job title.

7. “Identify,” when used in reference to a document (including electronically stored

information), means and includes the name and address of the custodian of the document,

the location of the document, and a general description of the document, including (1) the

type of document (e.g., letter or memorandum) and, if electronically stored information,

the software application used to create it (e.g., MS Word or MS Excel Spreadsheet); (2)


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the general subject matter of the document or electronically stored information; (3) the

date of the document or electronically stored information; (4) the author of the document

or electronically stored information; (5) the addressee of the document or electronically

stored information; and (6) the relationship of the author and addressee to each other.

8. “Person” means any individual, corporation, proprietorship, partnership, trust,

association or any other entity, including financial institutions.

9. “Pertain to” or “pertaining to” mean: relates to, refers to, contains, concerns, describes,

embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates,

proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts.

10. “Vacation Package” means any goods or services offered in relation to a vacation,

including but not limited to transportation; accommodations; amenities; travel planning

services; booking and reservation services; and certificates, vouchers, coupons,

reservation forms, or other documents that purport to be full or partial payment for, or

redeemable for, transportation, accommodations, car rentals, tours, sports or other

activities, meals, drinks, or entrance to special events or locations.

INTERROGATORIES

1. Identify and describe with particularity all officers, directors, wholly owned subsidiaries, partners, members, shareholders, affiliates, owners and managers of the Corporate Defendants, and for each person identified, describe their particular job function and area(s) of responsibility.

2. Identify each person responsible for overseeing, supervising, or managing the advertising, marketing, distributing, promoting, offering for sale, or sale of Vacation Packages, and for each person identified, describe their particular job function and area(s) of responsibility.

3. Identify and describe with particularity each person responsible for responding to consumer complaints received in any form from any person, including the Better


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Business Bureau, any State Attorney General’s office, any state or local consumer protection organization, merchant processors, private attorneys, or consumers, and for each person identified, describe their particular job function and area(s) of responsibility.

4. Identify and describe with particularity each step taken, and by whom, to address conduct described in consumer complaints received by you.

5. Identify and describe each media entity, wherever located, that you used to market, advertise, promote, offer for sale, or sell Vacation Packages.

6. Describe with particularity the reason(s) you took a payment from consumers who called you in response to your advertisements for Vacation Packages.

7. Identify and describe with particularity all corporate policies and procedures that address any restriction, limitation, or condition on the Vacation Packages marketed, advertised, promoted, offered for sale, or sold by you, including any additional required payments, age or income requirements, or attendance at a timeshare presentation. In so doing, list any dates of creation, who created them, method and manner of distribution, together with each step taken by you to ensure full compliance with these policies and procedures.

8. Identify and describe all corporate policies and procedures that address refunds pertaining to the Vacation Packages marketed, advertised, promoted, offered for sale, or sold by you. In so doing, list any dates of creation, who created them, method and manner of distribution, together with each step taken by you to ensure full compliance with these policies and procedures.

9. For each allegation that you have denied in the Complaint, describe with particularity the basis for each such denial.

10. Describe with particularity the basis for your claim that a reasonable consumer would understand the details of your transaction with them. In doing so, (a) identify each consumer that you contend understood the details of your transaction with them; and (b) identify each consumer that did not understand the details of your transaction with them, and describe with particularity each reason given to you by that consumer for their misunderstanding.


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11. Plaintiffs claim that, in connection with the advertising, marketing, promotion, offering for sale, or sale of your Vacation Packages, you have made representations, directly or indirectly, expressly or by implication, that: (a) consumers who respond to your promotions have won a prize; or (b) consumers who make a payment to you will receive a Vacation Package. Plaintiffs also claim that, in connection with the advertising, marketing, promotion, offering for sale, or sale of Vacation Packages, you have represented, directly or indirectly, expressly or by implication, that consumers who make a payment to you will receive a Vacation Package. Describe with particularity the basis for your assertion that each such representation was not material.

12. Describe with particularity the basis for your statement that you did not have authority to control the acts and practices alleged in the Complaint.

13. Describe with particularity each affirmative step you claim to have taken “to control employee conduct so that [you] would be in compliance with acceptable corporate practices” and “to comply with acceptable corporate practices” in general so as to avoid illegal conduct. In so doing, identify and describe with particularity each and every policy and procedure in place to “control employee conduct” and “comply with acceptable corporate practices” to avoid illegal conduct.

14. Describe with particularity the basis for your statement that it was your “customary practice” to monitor telephone calls within your offices and terminate any employee who disregarded your corporate policies. In so doing, identify and describe with particularity all documents that reflect your “customary practice,” including, but not limited all documents that evidence your attempts to counsel, reprimand or terminate non-compliant employees.

15. Identify and describe with particularity each asset in excess of $500 that was owned, acquired, or paid for, in whole or part, by you, including its location, value, and date of disposition, if any.

16. Identify each merchant processor and financial institution, domestic and international, that you have used to process or hold money since January 1, 2008.

Dated: September 15, 2011 s/ Ambar J. Carvalho _______ Valerie M. Verduce Special Bar No. A5500477

[email protected] Ambar J. Carvalho


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Special Bar No. A5501609 [email protected] 225 Peachtree Street, Suite 1500

Atlanta, Georgia 30303 Tel: (404) 656-1354 (Verduce) (404) 656-1355 (Carvalho) Fax: (404) 656-1379 Attorneys for Plaintiff Federal Trade Commission


I hereby certify that a true and correct copy of the foregoing was served by Federal

Express Overnight to counsel listed on the service list below, on September 15, 2011.

s/ Ambar J. Carvalho Ambar J. Carvalho Special FL Bar No. A5501609

Service List

Miguel Armenteros Perlman, Bajandas, Yevoli & Albright, P.L.

1000 Brickell Avenue, Suite 600 Miami, Florida 33131

305-377-0086, telephone 305-397-1136, facsimile Attorney for Defendants

VGC Corporation of America Violeta Gonzalez, and Cesar Gonzalez


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PLAINTIFF FEDERAL TRADE COMMISSION’S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS TO VGC CORPORATION OF AMERICA

Plaintiff Federal Trade Commission requests that Defendant VGC Corporation of

America answer each of the following Requests for Production of Documents in compliance

with the provisions of Rule 34 of the Federal Rules of Civil Procedure and Local Rule 26(1)(g).

INSTRUCTIONS

A. Pursuant to Rule 34 of the Federal Rules of Civil Procedure, you shall respond to these

Requests, to the extent not objected to, within thirty days of service.

B. The singular shall include the plural and vice versa; the terms “and” or “or” shall be both


limitation.”

C. If you object to fully identifying a document, electronically stored information or oral





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communication;











oral communication.

D. Pursuant to Rule 26(e) of the Federal Rules of Civil Procedure, this Request shall be


event that you obtain or discover additional responsive documents between the time

of the initial production and the time of trial.

E. Unless otherwise stated, the relevant time period for the information requested is January


DEFINITIONS


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4. “Defendant” or “VGC” or “you” or “your” means Defendant VGC Corporation of

America, also d/b/a All Dream(s) Vacations, All Dreams Travel, Five Star(s) Vacations,

5 Star(s) Vacations, Total Tours, and Travel & Tours Corp., and any directors, officers,


of Defendant VGC Corporation of America.

5. “Document” means any writing, recording, electronically stored information or

photograph in your actual or constructive possession, custody, care or control, which

pertain directly or indirectly, in whole or in part, either to any of the subjects listed below

or to any other matter relevant to the issues in this action, or which are themselves listed


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below as specific documents, including, but not limited to: correspondence, memoranda,

notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer

printouts, microfilms, video tapes or tape recordings.




















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REQUESTS FOR PRODUCTION

Produce the following:

1. All documents that you intend to rely on in support of each of your Affirmative Defenses.

2. All documents that you otherwise intend to rely on in defense of the claims asserted against you by the Plaintiffs.

3. All documents that you contend support your denial of any allegation contained in Plaintiffs’ Complaint.

4. All documents that you contend support your denial of any Request for Admission propounded to you by the Plaintiffs in this action.

5. All training manuals or other instructional materials provided at any time to sales or customer service agents or employees.

6. All audio and video advertisements and written scripts used in the marketing, offering for sale, or sale of Vacation Packages.


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7. All telephone call recordings, including sales verifications, made during the marketing, offering for sale, sale, or service of Vacation Packages.

8. All consumer complaints and complaint inquiries from whatever source derived, including but not limited to the Better Business Bureau, any State Attorney General’s office, any state or local consumer protection organization, merchant processors, private attorneys, or consumers.

9. All documents that relate or refer to requests by consumers for a refund of monies paid.

10. All documents you intend to rely on to demonstrate gross sales made to consumers.

11. All documents you intend to rely on to demonstrate total refunds and chargebacks provided to consumers.

12. All documents prepared, submitted or used by you to obtain any state or federal license or registration to transact business, including to advertise, market, distribute, promote, offer for sale, or sell Vacation Packages.

13. All documents pertaining to any incentive to sell Vacation Packages, including sales commissions, bonuses, or forgiveness of penalties for chargebacks.

14. All documents pertaining to the marketing, advertising, and promotion of Vacation Packages, including all advertisements, advertising contracts and lead generation agreements.

15. All documents pertaining to inquiries or regulation of VGC’s business activities and practices by local, state, or federal government agencies.

16. All documents pertaining to the relationship between the Corporate Defendants.

17. All documents pertaining to the relationship between the Corporate Defendants and Mega Call S.A.S.


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18. All written policies and procedures, including but not limited to those policies and procedures that pertain to the advertising, marketing, distribution, promotion, offering for sale, sale, refund or cancellation of Vacation Packages, together with each step taken by you to ensure full compliance with these policies and procedures.

19. All documents pertaining to assets worth $500 or more, owned or acquired by you, or held for your benefit, in whole or in part.

20. All documents pertaining to any withdrawal of funds or transfer of assets in excess of $500 that were owned, acquired or held for the benefit of any named Defendant, in whole or in part, from any financial institution between May 16, 2011 and June 16, 2011.

21. All documents identified in your response to Plaintiffs’ First Set of Interrogatories.

22. All documents that you contend support your denial of any Request to Admit propounded to you by the Plaintiffs in this action.


[email protected] Ambar J. Carvalho Special Bar No. A5501609

[email protected] 225 Peachtree Street, Suite 1500



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Service List






Attachment “B”


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PLAINTIFF FEDERAL TRADE COMMISSION’S FIRST INTERROGATORIES TO VIOLETA GONZALEZ

Plaintiff Federal Trade Commission requests that Defendant Violeta Gonzalez, a/k/a

Violeta Rojas, answer each of the following Interrogatories in compliance with the provisions of

Rule 33 of the Federal Rules of Civil Procedure and Local Rule 26(1)(g).

INSTRUCTIONS










limitation.”


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a. specifying the records that must be reviewed, in sufficient detail to enable the


could; and

b. giving the interrogating party a reasonable opportunity to examine and audit the





a. the nature of the privilege claimed (including work product);

b. if the privilege is being asserted in connection with a claim or defense governed


c. the date of the document, electronically stored information or oral

communication;

d. if a document: its type (e.g., letter or memorandum) and, if electronically stored




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e. if an oral communication: the place where it was made, the names of the persons



f. the general subject matter of the document, electronically stored information or

oral communication.







DEFINITIONS










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4. “Defendant,” “you,” or “your” means Defendant Violeta Gonzalez, a/k/a Violeta Rojas,

and any agents, representatives or other persons acting, or purporting to act, on behalf of

Defendant Violeta Gonzalez.
















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INTERROGATORIES



3. Identify and describe with particularity each person responsible for responding to consumer complaints received in any form from any person, including the Better Business Bureau, any State Attorney General’s office, any state or local consumer protection organization, merchant processors, private attorneys, or consumers, and for each person identified, describe their particular job function and area(s) of responsibility.


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11. Plaintiffs claim that, in connection with the advertising, marketing, promotion, offering for sale, or sale of your Vacation Packages, you have made representations, directly or indirectly, expressly or by implication, that: (a) consumers who respond to your promotions have won a prize; or (b) consumers who make a payment to you will receive a Vacation Package. Plaintiffs also claim that, in connection with the advertising, marketing, promotion, offering for sale, or sale of Vacation Packages, you have represented, directly or indirectly, expressly or by implication, that consumers who make a payment to you will receive a Vacation Package. Describe with particularity the basis for your assertion that each such representation was not material.


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Service List






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PLAINTIFF FEDERAL TRADE COMMISSION’S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS TO VIOLETA GONZALEZ

Plaintiff Federal Trade Commission requests that Defendant Violeta Gonzalez answer

each of the following Requests for Production of Documents in compliance with the provisions

of Rule 34 of the Federal Rules of Civil Procedure and Local Rule 26(1)(g).

INSTRUCTIONS





limitation.”






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communication;











oral communication.







DEFINITIONS


3















4. “Defendant,” “you,” or “your” means Defendant Violeta Gonzalez, a/k/a Violeta Rojas,

and any agents, representatives or other persons acting, or purporting to act, on behalf of

Defendant Violeta Gonzalez.







4

























5
















8. All consumer complaints and complaint inquiries from whatever source derived, including but not limited to the Better Business Bureau, any State Attorney General’s


6

office, any state or local consumer protection organization, merchant processors, private attorneys, or consumers.












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Service List






Attachment “C”


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PLAINTIFF FEDERAL TRADE COMMISSION’S FIRST INTERROGATORIES TO CESAR A. GONZALEZ

Plaintiff Federal Trade Commission requests that Defendant Cesar A. Gonzalez answer

each of the following Interrogatories in compliance with the provisions of Rule 33 of the Federal

Rules of Civil Procedure and Local Rule 26(1)(g).

INSTRUCTIONS










limitation.”


2








a. specifying the records that must be reviewed, in sufficient detail to enable the


could; and

b. giving the interrogating party a reasonable opportunity to examine and audit the





a. the nature of the privilege claimed (including work product);

b. if the privilege is being asserted in connection with a claim or defense governed


c. the date of the document, electronically stored information or oral

communication;

d. if a document: its type (e.g., letter or memorandum) and, if electronically stored




3




e. if an oral communication: the place where it was made, the names of the persons



f. the general subject matter of the document, electronically stored information or

oral communication.







DEFINITIONS










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4. “Defendant,” “you,” or “your” means Defendant Cesar A. Gonzalez, and any agents,

representatives or other persons acting, or purporting to act, on behalf of Defendant Cesar

A. Gonzalez.
















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INTERROGATORIES



3. Identify and describe with particularity each person responsible for responding to consumer complaints received in any form from any person, including the Better Business Bureau, any State Attorney General’s office, any state or local consumer


6

protection organization, merchant processors, private attorneys, or consumers, and for each person identified, describe their particular job function and area(s) of responsibility.








11. Plaintiffs claim that, in connection with the advertising, marketing, promotion, offering for sale, or sale of your Vacation Packages, you have made representations, directly or indirectly, expressly or by implication, that: (a) consumers who respond to your


7

promotions have won a prize; or (b) consumers who make a payment to you will receive a Vacation Package. Plaintiffs also claim that, in connection with the advertising, marketing, promotion, offering for sale, or sale of Vacation Packages, you have represented, directly or indirectly, expressly or by implication, that consumers who make a payment to you will receive a Vacation Package. Describe with particularity the basis for your assertion that each such representation was not material.








[email protected]


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225 Peachtree Street, Suite 1500 Atlanta, Georgia 30303 Tel: (404) 656-1354 (Verduce) (404) 656-1355 (Carvalho) Fax: (404) 656-1379 Attorneys for Plaintiff Federal Trade Commission





Service List






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PLAINTIFF FEDERAL TRADE COMMISSION’S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS TO CESAR A. GONZALEZ

Plaintiff Federal Trade Commission requests that Defendant Cesar A. Gonzalez answer

each of the following Requests for Production of Documents in compliance with the provisions

of Rule 34 of the Federal Rules of Civil Procedure and Local Rule 26(1)(g).

INSTRUCTIONS





limitation.”






2




communication;











oral communication.







DEFINITIONS


3















4. “Defendant,” “you,” or “your” means Defendant Cesar A. Gonzalez, and any agents,

representatives or other persons acting, or purporting to act, on behalf of Defendant Cesar

A. Gonzalez.







4

























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8. All consumer complaints and complaint inquiries from whatever source derived, including but not limited to the Better Business Bureau, any State Attorney General’s


6

office, any state or local consumer protection organization, merchant processors, private attorneys, or consumers.












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Service List




