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[NAME OF FIRM][Lead Counsel’s Name] (SBN [Number])Email:[Other Counsel’s Name] (SBN [Number])Email:[Address]Los Angeles, California [Zip]Telephone:Facsimile:Attorneys for Plaintiff[Name of Plaintiff]UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA[NAME OF PLAINTIFF],Plaintiff,v.[NAME OF DEFENDANT],Defendant.Case No. [Number]PLAINTIFF’S OBJECTIONS & RESPONSES TO DEFENDANT’S FIRST SET OF REQUESTS FOR PRODUCTION TO PLAINTIFFJudge:Trial Date:PROPOUNDING PARTY: [Defendant]RESPONDING PARTY: [Plaintiff]SET NO:OnePlaintiff [Name] hereby responds to Defendant [Name]’s First Set of Requests for Production of Documents (the “RFPs”) as follows:PRELIMINARY STATEMENTThe following responses are made solely for the purpose of this pending action. Documents eventually produced in response to the RFP and any individual request therein (“Request”) are subject to all applicable objections as to competence, relevance, materiality and admissibility, as well as to any and all other objections on any grounds that would require the exclusion of any statement therein if the documents were introduced in court. All objections and grounds for such objections are expressly reserved and may be interposed at the time of any motion or trial.These responses are based on discovery available as of the date hereof. Discovery is continuing, and these responses are accordingly subject to revision. Further discovery, independent investigation, and analysis may supply additional facts and add meaning to known facts, as well as establish entirely new factual conclusions and legal contentions, all of which may lead to additions, changes to, or variations from the information set forth herein.These responses are given without prejudice to [Plaintiff]’s right to produce or rely on subsequently discovered information, facts, or documents. [Plaintiff] accordingly reserves the right to change the response herein as additional facts are ascertained, analysis is made, legal research is completed, and contentions are made. The responses contained herein are made in a good faith effort to comply with the provisions of the Federal Rules of Civil Procedure but are in no way deemed to prejudice [Plaintiff] with respect to further discovery, research, and analysis.GENERAL OBJECTIONSTo the extent applicable, the following General Objections are incorporated in the response to each and every individual Request:1. [Plaintiff] objects to the RFP and to each Request therein to the extent they purport to impose on [Plaintiff] obligations not imposed by the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, or other applicable rules or authority.2. [Plaintiff] objects to the RFP and to each Request therein to the extent they seek documents that are not within [Plaintiff]’s possession, custody, or control. These responses are made on behalf of [Plaintiff] only. [Plaintiff] objects to this discovery to the extent it seeks information from any other entity or person.3. [Plaintiff] objects to the RFP and to each Request therein to the extent they seek documents in the possession of [Defendant] or readily available to [Defendant], or equally accessible to both parties.4. [Plaintiff] objects to the RFP and to each Request therein to the extent they seek information protected by the attorney-client privilege, the attorney work product doctrine, or any other applicable privilege or immunity. To the extent that a Request calls for information protected by the attorney-client privilege, the attorney work product doctrine, or other applicable privilege or protection, [Plaintiff] hereby claims such privilege and invokes such protection. The fact that [Plaintiff] does not specifically object to an individual Request on the ground that it seeks privileged or protected information shall not be deemed a waiver of the protection afforded by the attorney-client privilege, the attorney work product doctrine, or other applicable privilege or protection. Any inadvertent production of privileged or protected material shall not be deemed a waiver of any such privilege or protection.5. [Plaintiff] objects to the RFP and to each Request therein to the extent they are repetitive, overbroad, unduly burdensome and/or oppressive.6. [Plaintiff] objects to the RFP and to each Request therein to the extent they seek documents which are not relevant to any party’s claims or defenses, nor reasonably calculated to lead to the discovery of admissible evidence.7. [Plaintiff] objects to the RFP and to each Request therein to the extent they are not proportional to the needs of the case and/or seek to impose discovery obligations on [Plaintiff] where the benefit of conducting the discovery is outweighed by the cost and burden of doing so. [Plaintiff] will conduct a reasonable search for responsive documents. [Plaintiff] objects to the RFP and to each Request therein to the extent it seeks electronically stored information which is not reasonably accessible.8.[Plaintiff] objects to the definition of the term “YOU” and “YOUR” to the extent that they are overbroad and purport to include anyone other than [Plaintiff] as an individual. [Plaintiff] will interpret the terms “YOU” and “YOUR” to mean [Plaintiff] as an individual.9. [Plaintiff] objects to the definition of the term “DOCUMENT(S)” to the extent that it is overbroad and purports to impose on [Plaintiff] obligations not imposed by the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, or other applicable rules or authority. 10. [Plaintiff] objects to Instruction Nos. 2-5 to the extent that they purport to impose on [Plaintiff] obligations not imposed by the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, or other applicable rules or authority. [Plaintiff] will meet and confer with [Defendant] regarding an appropriate and mutual protocol for producing documents, including electronic documents.11. [Plaintiff] reserves the right to challenge the competency, relevancy, materiality and admissibility of and to object on any ground to the use of information set forth in or produced in accordance with these responses at any subsequent proceeding or the trial of this or any other action.SPECIFIC OBJECTIONSREQUEST NO. 1The TRAINING AGREEMENT.RESPONSE TO REQUEST NO. 1[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that the Training Agreement is already within the possession, custody and control of [Defendant].REQUEST NO. 2Certified copies of each of YOUR horse training licenses in every jurisdiction where YOU are licensed.RESPONSE TO REQUEST NO. 2[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive.Subject to and without waiving the foregoing objections, [Plaintiff] will produce his training licenses for the United States, the U.K., France and China.REQUEST NO. 3Certified DOCUMENTS from each jurisdiction where YOU are licensed to train horses describing whether, and to what extent, YOU have ever been subject to discipline, suspended, or banned from horse training.RESPONSE TO REQUEST NO. 3[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive.Subject to and without waiving the foregoing objections, [Plaintiff] will produce his training licenses for the United States, the U.K., France and China.REQUEST NO. 4Each and every DOCUMENT and COMMUNICATION CONCERNING the “negotiations” that are alleged in paragraph 8 of the Complaint. RESPONSE TO REQUEST NO. 4[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that these documents are within the possession, custody and control of [Defendant].REQUEST NO. 5Each and every DOCUMENT and COMMUNICATION CONCERNING the “meeting” that is alleged in paragraph 9 of the Complaint. RESPONSE TO REQUEST NO. 5[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that these documents are within the possession, custody and control of [Defendant].REQUEST NO. 6Each and every DOCUMENT and COMMUNICATION CONCERNING the “speech” that is alleged in paragraph 10 of the Complaint. RESPONSE TO REQUEST NO. 6[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive.REQUEST NO. 7Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 11 of the Complaint that “[t]he statements by [Defendant] . . . were made of and concerning [Plaintiff] and were so understood by those who read the statements in nationally and internationally published industry magazines, newsletters, and online horse racing services.”RESPONSE TO REQUEST NO. 7[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive.REQUEST NO. 8Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 12 of the Complaint that the statements allegedly made by [Defendant] in the referenced speech were and are false.RESPONSE TO REQUEST NO. 8[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive.Subject to and without waiving the foregoing objections, [Plaintiff] will produce his training licenses for the United States, the U.K., France and China.REQUEST NO. 9Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 13 of the Complaint that “[Plaintiff] is eligible to race and train horses in any jurisdiction in the world. He is not ‘banned in the rest of the world,’ and never possessed any amount of snake venom let alone ‘enough . . . to poison a small country.’”RESPONSE TO REQUEST NO. 9[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive.Subject to and without waiving the foregoing objections, [Plaintiff] will produce his training licenses for the United States, the U.K., France and China.REQUEST NO. 10The “press release” alleged in paragraph 14 of the Complaint, and each and every DOCUMENT and COMMUNICATION CONCERNING the alleged “press release.”RESPONSE TO REQUEST NO. 10[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that the press release is within the public domain and thus easily obtainable by [Defendant].REQUEST NO. 11Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 19 of the Complaint that “[Plaintiff] immediately began preparations to train [Defendant]’s horses pursuant to his obligations under the Training Agreement.”RESPONSE TO REQUEST NO. 11[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive.Subject to and without waiving the foregoing objections, [Plaintiff] will produce non-privileged documents responsive to this Request, if any, found after a reasonable search.REQUEST NO. 12Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 20 of the Complaint that “[Defendant] breached the Training Agreement by secretly entering into the Third Party Agreement.”RESPONSE TO REQUEST NO. 12[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive, and that documents concerning the agreement with [Third Party] are within [Defendant]’s own possession, custody and control.REQUEST NO. 13Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 21 of the Complaint that “[Defendant] also breached the Training Agreement by refusing to pay [Plaintiff] the monies to which he should have been entitled under the Training Agreement.”RESPONSE TO REQUEST NO. 13[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that the Training Agreement is already within the possession, custody and control of [Defendant].Subject to and without waiving the foregoing objections, [Plaintiff] will produce non-privileged documents responsive to this Request, if any, found after a reasonable search.REQUEST NO. 14Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 22 of the Complaint that “[a]s a direct and proximate result of these breaches, [Plaintiff] is no longer able to receive the benefits to which he is entitled under the Training Agreement.”RESPONSE TO REQUEST NO. 14[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive.Subject to and without waiving the foregoing objections, [Plaintiff] will produce non-privileged documents responsive to this Request, if any, found after a reasonable search.REQUEST NO. 15Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraphs 23 and 28 of the Complaint that YOU are entitled to $400,000 in damages.RESPONSE TO REQUEST NO. 15[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that the Training Agreement providing the terms of [Plaintiff]’s payment is within [Defendant]’s own possession, custody and control.REQUEST NO. 16Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 25 of the Complaint that “[Defendant]’s malicious conduct in negotiating and entering into a second contract with [Third Party] at the same time he entered into the Training Agreement indicates that he never intended to honor the Training Agreement.”RESPONSE TO REQUEST NO. 16[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive, and that documents concerning the agreement with [Third Party] are within [Defendant]’s own possession, custody and control.REQUEST NO. 17Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 26 of the Complaint that “[Defendant] only entered into the Training Agreement to prevent [Plaintiff] from training the horses of [Defendant]’s competitors, while [Defendant] secretly hired a second trainer, [Third Party], at a lower fee.”RESPONSE TO REQUEST NO. 17[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive, and that documents concerning the agreement with [Third Party] are within [Defendant]’s own possession, custody and control.REQUEST NO. 18Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 34 of the Complaint that “[Defendant] not only failed to use reasonable care to determine the truth or falsity of his statements, but he deliberately made false statements about [Plaintiff].”RESPONSE TO REQUEST NO. 18[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive, and that documents concerning [Defendant]’s actions and state of mind are within [Defendant]’s own possession, custody and control.REQUEST NO. 19Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 36 of the Complaint that “[a]s a direct and proximate result of [Defendant]’s speech, [Plaintiff] has suffered loss of reputation, diminished professional standing, shame, and mortification. As a further proximate result of [Defendant]’s speech, [Plaintiff] has suffered special damages including injury and diminution in value of [Plaintiff]’s business, trade, and occupation.”RESPONSE TO REQUEST NO. 19[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive.Subject to and without waiving the foregoing objections, [Plaintiff] will produce non-privileged documents responsive to this Request, if any, found after a reasonable search.REQUEST NO. 20Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 38 of the Complaint that “[t]he above-described defamatory conduct of [Defendant] was published and committed with malice and oppression and constitutes shocking and despicable conduct.”RESPONSE TO REQUEST NO. 20[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive, and that documents concerning [Defendant]’s actions and state of mind are within [Defendant]’s own possession, custody and control.REQUEST NO. 21Each and every DOCUMENT and COMMUNICATION CONCERNING the allegation in paragraph 38 of the Complaint that YOU are entitled to an award of punitive damages. RESPONSE TO REQUEST NO. 21[Plaintiff] incorporates by reference his General Objections. [Plaintiff] further objects to this Request on the ground that it is overbroad and unduly burdensome and oppressive, and that documents concerning [Defendant]’s actions and state of mind are within [Defendant]’s own possession, custody and control.Dated:[Date][LAW FIRM]By:[Lead Counsel’s Name][Other Counsel’s Name]Attorneys for Defendant[Name] ................
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