E.K.D. et al v. Facebook, Inc.

Filing 63

AFFIDAVIT re 57 MOTION to Transfer Case (Redacted) Declaration of Sandeep N. Solanki in Support of Motion to Transfer) by Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Brown, Matthew)

EXHIBIT E

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
E.K.D., et al., individually and on
behalf of all others similarly situated,
Plaintiffs,
vs.
FACEBOOK, INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)

Cause No: 3:11-cv-00461-GPM-SCW

CLASS ACTION

PLAINTIFFS’ INITIAL REQUEST FOR PRODUCTION OF DOCUMENTS
COME NOW Plaintiffs, individually, and on behalf of all others similarly situated, by
and through their undersigned counsel, and pursuant to Fed. R. Civ. P. 34, serve the following
request for production of documents upon defendant to be answered within thirty-days hereafter.
DEFINITIONS AND INSTRUCTIONS
For the purposes of answering these Requests for Production of Documents, Plaintiffs hereby
incorporate and include all definitions and instructions contained in Plaintiffs’ Initial
Interrogatories as if fully restated herein.
REQUESTS FOR PRODUCTION
1.

Produce each DOCUMENT IDENTIFIED in YOUR responses to Plaintiffs’

discovery in this matter.
2.

Produce all organizational charts reflecting Facebook’s management or

organizational structure.
3.

Produce all company directories.

4.

Produce all DOCUMENTS RELATING TO surveillance, investigation or other

information gathering RELATING TO any of the Plaintiffs in this action, their immediate
family members, Plaintiffs’ counsel of record, Plaintiffs’ disclosed witnesses in this case, or any
1

Judge or other judicial officer that may preside over this action. This request includes, but is not
limited to, public records and financial or criminal background checks obtained.
5.

Produce every DOCUMENT that memorializes the content of any communication

with or statement, meeting or interview of any person RELATED TO facts or circumstances
regarding this case. This includes signed or unsigned written statements, court reporter
statements, statements on records, tapes or discs, or memorandum of statements in any form.
6.

Produce exemplar copies of all marketing materials provided to potential

advertisers RELATED TO the association of user's names and profile pictures with
ADVERTISEMENTS.
7.

Produce all DOCUMENTS RELATING TO the anticipated or projected income

or revenue from the sale, licensing or use of ADVERTISEMENTS associated with the name,
profile picture, or identity of YOUR users.
8.

Produce all written discovery responses, excluding actual document production,

exchanged with an adverse party in every lawsuit and governmental investigation RELATING
TO the association of a user’s name or likeness with an ADVERTISEMENT.
9.

Produce all deposition and hearing transcripts and recordings, in their native

electronic format, from every lawsuit or governmental investigation RELATING TO the
association of a user’s name or likeness with an ADVERTISEMENT.
10.

Produce the curriculum vitae, transcripts of any testimony given in the last four

years, all publications authored in the last 10 years, and all bills, receipts or invoices issued to
YOU from each person identified in YOUR responses to Plaintiffs’ Interrogatories or under Fed.
R. Civ. P. 26(a)(2)(B) as person who you expect to testify on YOUR behalf.
11.

Produce all correspondence exchanged with each person identified in YOUR

2

responses to Plaintiffs’ Interrogatories or under Fed. R. Civ. P. 26(a)(2)(B) as a person who you
expect to testify on YOUR behalf that relates to compensation for the witness’s work or
testimony, or identifies facts, data or any assumption the witness considered in forming the
witness’s testimony.
12.

Produce all documents describing the use or contents of any database indentified

in YOUR responses to Plaintiffs’ Interrogatories as containing information that could be used to
respond to Interrogatory number 13.
13.

Produce all correspondence between YOU and any third-party relating to this

action.

Dated: October 5, 2011

Respectfully submitted,
KOREIN TILLERY
/s Aaron M. Zigler
Steven A. Katz
Aaron M. Zigler
One U.S. Bank Plaza
505 N. 7th Street, Suite 3600
St. Louis, Missouri 63101-1625
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
E.K.D., et al., individually and on
behalf of all others similarly situated,
Plaintiffs,
vs.
FACEBOOK, INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)

Cause No: 3:11-cv-00461-GPM-SCW

CLASS ACTION

CERTIFICATE OF SERVICE
I hereby certify that on October 28, 2011, I electronically served the foregoing document
on the following:
•
•
•
•
•
•
•
•

Matthew D. Brown
Jeffrey M. Gutkin
Michael C. Hermann
Michael G. Rhodes
Charles J. Swartwout
Steven A. Katz
Mark J. Tamblyn
Ian J. Barlow
KOREIN TILLERY
/s Aaron M. Zigler
One U.S. Bank Plaza
505 N. 7th Street, Suite 3600
St. Louis, Missouri 63101-1625
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]

4