National Federation of the Blind, et al v. Arizona Board of Regents, et al

Filing 3

MOTION to Expedite Discovery by National Federation of the Blind, American Council of the Blind, Darrell Shandrow. (Attachments: # 1 Exhibit Exhibit A., # 2 Exhibit Exhibit B.)(Friedman, Andrew)

BONNETT, FAIRBOURN, FRIEDMAN
& BALINT, P.C.
Andrew S. Friedman (AZ Bar. 005425)
Guy A. Hansen (AZ Bar. 013549)
2901 North Central Avenue, Suite 1000
Phoenix, Arizona 85012
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: [phone]
Daniel F. Goldstein
Mehgan Sidhu
BROWN, GOLDSTEIN & LEVY, LLP
120 E. Baltimore St., Suite 1700
Baltimore, MD 21202
[phone]
[phone] (fax)
[e-mail]
[e-mail]
Counsel for Plaintiffs
[Additional Counsel Appear on Signature Page]

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
The NATIONAL FEDERATION OF THE
BLIND, The AMERICAN COUNCIL OF
THE BLIND, and DARRELL SHANDROW,
Plaintiffs,
vs.
The ARIZONA BOARD OF REGENTS and
ARIZONA STATE UNIVERSITY,

Case No: 2:09-cv-01359-MHM
PLAINTIFF’S FIRST REQUEST
FOR PRODUCTION OF
DOCUMENTS
TO DEFENDANTS

Defendants
Pursuant to Fed. R. Civ. P. 34, Plaintiffs, by their undersigned attorneys, request
that Defendants respond to this Request within the time prescribed by the Federal Rules
of Civil Procedure, and produce the original of each such document or types of
documents requested and permit Plaintiffs and their agents and attorneys the opportunity
to inspect and copy. The production and inspection of such documents shall be at the

offices of Bonnett, Fairbourn Friedman & Balint, P.C., 2901 N. Central Avenue, Suite
#1000, Phoenix, AZ 85012, within 10 days of the date of service of this Request for
Production of Documents.
DEFINITIONS AND INSTRUCTIONS
A.

All requests for production, inspection, and copying of documents are

continuing in nature so as to require you to produce and permit inspection and copying of
any additional documents or other clarifying or corrected information that may come into
your possession at any time before trial or hearing.
B.

Unless the context requires otherwise, the terms ”document” or

”documents” mean any writing and any other tangible thing in the custody, possession or
control of Defendant or any agent (including counsel) or employee of Defendant whether
printed, recorded, reproduced, by any process, or written or produced by hand, including,
but not limited to, letters, e-mails, reports, agreements, communications,
correspondence, contracts, letter agreements, telegrams, memoranda, notices, summaries
or records of personal conversations, diaries, forecasts, photographs, tape recordings,
modes, statistical statements, graphs, surveys, notebooks, charts, plans, drawings,
minutes or records of meetings or conferences expressions or statements of policy, lists of
persons attending meetings or conferences, reports and/or summaries of interviews,
reports and/or summaries of investigations, opinions or reports of consultants, reports
and/or summaries of inspections, reports and/or summaries of negotiations, brochures,
pamphlets, advertisements, circulars, trade letters, press releases, drafts of any document,
revisions of drafts of any documents, purchase orders, receipts, original or preliminary
notes, financial statements, accounting work papers, and other papers or matters similar
to any of the foregoing, however denominated, whether received by Defendant or
prepared by Defendant for his own use or transmittal. If a document has been prepared in
several copies, or additional copies have been made, and the copies are not identical (or
which, by reason of subsequent modification or notations, are no longer identical), each
non-identical copy is a separate document which can be designated and/or located by the
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use of reasonable diligence, whether located on premises owned by the Defendant or
elsewhere.
C.

If particular documents requested are not available or no longer exist, state

the precise reasons for their unavailability or nonexistence. If particular documents
requested are unavailable because they are not in your possession, identify their location
and from whom they may be obtained.
D.

“You” and “your” refer to the party to whom this Request for Production of

Documents is addressed, as well as its agents, servants, employees, representatives,
accountants, and, unless privileged, attorneys, as well as to any partnership, corporation,
joint venture or other entity formed by, controlled by, or otherwise affiliated with
Defendant.
E.

The term “person” shall mean, in the plural as well as the singular, any

natural person, firm, association, partnership, corporation, joint venture, or other business
or legal entity, unless the context indicates otherwise.
F.

Throughout this Request for Production of Documents, the plural shall

include the singular and the singular shall include the plural.
G.

Throughout this Request for Production of Documents, the terms “and” and

“or” have both conjunctive and disjunctive meaning.
H.

With regard to any document withheld on any claim of privilege, identify

each such document in your response to this Request for Production of Documents,
including the author of the document and the address(es), if any, of the person or persons
to whom copies were furnished, the date and subject matter of the document, the person
or persons who currently have possession of the original and/or any copies or drafts
thereof, and the basis for your claim of privilege.
I.

Documents shall be produced as they are kept in the usual course of

business or organized and labeled to correspond with the categories in this request.
J.

If you perceive any ambiguities in this request, set forth the matter deemed

ambiguous and the construction used in responding.
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K.

“Plaintiff” means any Plaintiff in this action, including the National

Federation of the Blind, the American Council of the Blind and/or Darrell Shandrow.
L.

“Defendant” means Arizona State University (“ASU”) or the Arizona

Board of Regents, including any employee, agent or assign.
M.

“Kindle” means any self-contained, wireless reading device designed and

sold by Amazon.com, Inc. for reading a variety of materials, including but not limited to
electronic books and textbooks, magazines, newspapers, blogs and other printed
materials. It includes but is not limited to the Kindle DX.
N.

“Pilot Program” means the partnership announced on or about May 6,

2009, by Amazon.com, Inc. to test the use of the Kindle by students at six universities,
including Arizona State University.
DOCUMENTS TO BE PRODUCED
All documents created since January 1, 2007 reflecting or related in any way to:
1.

communications between or among Defendants and Amazon, Inc.,
concerning the Kindle and ASU’s anticipated pilot program using
the Kindle;

2.

communications between either or both Defendants and any third
party concerning the Kindle and ASU’s anticipated pilot program
using the Kindle;

3.

plans, descriptions and goals for ASU’s anticipated pilot program,
including but not limited to the courses in which the Kindle will be
used and the criteria used to select such courses;

4.

accessibility of the Kindle for use by blind students; and

5.

inquiries to and responses from ASU’s Disability Resource Center
concerning the Kindle and ASU’s anticipated pilot program using
the Kindle.

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RESPECTFULLY SUBMITTED this 25th day of June, 2009.
BONNETT,FAIRBOURN, FRIEDMAN
& BALINT, P.C.
/s/Andrew S. Friedman
Andrew S. Friedman (AZ Bar. 005425)
Guy A. Hanson (AZ Bar. 013549)
2901 North Central Avenue, Suite 1000
Phoenix, AZ 85012-3311
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: [phone]
OF COUNSEL, Pro Hac Vice Admission
Pending:
Daniel F. Goldstein
Mehgan Sidhu
BROWN, GOLDSTEIN & LEVY, LLP
120 E. Baltimore St., Suite 1700
Baltimore, MD 21202
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Amy Robertson
FOX & ROBERTSON, P.C.
104 Broadway, Suite 400
Denver, CO 80203
TTY: (877) -595-9706
Telephone: [phone]
Facsimile: (303).595.9705
[e-mail]
Eve Hill
1667 K St. NW, Suite 640
Washington, DC 20006
[e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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COPYth the foregoing hand-delivered
of
this 25 day of June, 2009 to:
Terry Goddard
Office of the Attorney General
1275 West Washington Street
Phoenix, Arizona 85007
/s/Nancy Varner

Nancy Varner

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