"The price of justice is eternal publicity." Arnold Bennett

 

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Ken Hamidi's Request for Documents (set 2)

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SACRAMENTO

 

INTEL CORPORATION,	No. 98AS05067
Plaintiff
v.	REQUEST TO IDENTIFY AND
	PRODUCE DOCUMENTS AND
	OTHER TANGIBLE THINGS
KOUROSH KENNETH HAMIDI	PROPOUNDED UPON
Defendant	INTEL CORPORATION,
	SET NO TWO.

               

Defendants, Discovery Cut-Off Date: Per Code

Motion Cut-Off Date: Per Code

Trial Date: None Assigned

PROPOUNDING PARTY: DEFENDANT- KOUROSH KENNETH HAMIDI

RESPONDING PARTY- PLAINTIFF- INTEL CORPORATION

SET NUMBER: TWO (2)

TO PLAINTIFF, INTEL CORPORATION, AND TO YOUR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant KENNETH KOUROSH HAMIDI, hereby demands pursuant to Code of Civil Procedure Section 2031 et. seq. that Plaintiff(s) and its/his/her custodian of record respond in writing to Defendant and produce each and every document and/or writings as defined by Evidence Code Section 250 which is either specifically described or reasonably particularized in a category of documents listed below and which are within the Plaintiffs

possession, custody and control, or that of its/his/her agents, employees, or custodians of record.

Defendant demands that the responsive documents be identified and produced to permit the inspection and copying of the documents described below, pursuant to Code Civ. Proc. § 2031 (30 days after service of this demand) to Kenneth Hamidi at 7349 Cross Drive, Citrus Heights, California, on March 10, 1999, at 12:00 p.m.

Alternatively, plaintiff may comply with this request by placing true and correct copies of responsive documents in the United States Mail, postage prepaid, on or before March 10, 1999, addressed to Kenneth Hamidi, as set forth above.

Defendant further demands that you serve a written response under oath to this demand, within twenty (20) days after service of this demand, unless on motion of plaintiff, the Court has shortened the time for response, or unless on motion by the party to whom the demand has been directed, the Court has extended the time for response.

 

INSTRUCTIONS

1. All DOCUMENTS requested herein must be produced in the same form in which they existed prior to the production. The DOCUMENTS are to be produced in the boxes, file folders, bindings or other containers in which they are found. The titles, labels or other description of the boxes, file folders, bindings or other containers are to be left intact.

2. If a DOCUMENT was prepared in several copies, or if additional copies were thereafter made, and if any such copies are not identical or are no longer identical by reason of subsequent notation or modification of any kind whatsoever, including, without limitation, notation on the front or back of any pages thereof, then each such non-identical copy is a separate DOCUMENT and must be produced.

3. The party to whom this production demand has been directed should respond separately to each item or category of item by a statement that the party will comply with the particular demand for inspection and any related activities, a representation that the party lacks the ability to comply with the particular demand for inspection of a particular item or category of item or an objection to the particular demand. A statement that the party to whom an inspection demand has been 2

 

directed will comply with the particular demand should state that the production, inspection, and related activity demanded will be allowed either in whole or in part, and that all DOCUMENTS or things in the demanded category that are in the possession, custody, or control of that party into which no objection is being made will be included in the production.

4. For each DOCUMENT or portion thereof withheld under a claim of privilege, identify the withheld material by author, addressee, date, number of pages, number of copies made, and subject matter; specify the nature and basis of the claimed privilege and the number of these demands to which the withheld material is responsive; and identify each person or entity to whom the withheld material was sent and to whom the withheld material or its contents, or any part thereof, was disclosed, and the job titles of each such person.

5. If you are aware of the existence of any requested items that you are unable to produce for inspection, specify in writing and serve upon the undersigned on or before the deadline for production as set forth in this demand, a list indicating the identity of such documents. Such identification should, for each such document, set forth whether the document (i) has been destroyed, (ii) has been lost, misplaced, or stolen or (iii) has never been, or is no longer, in the possession, custody, or control of the responding party, in which case the name and address of any person or entity known or believed by you to have possession, custody, or control of that document or category of document should be identified. In each such instance, explain the circumstances surrounding the disposition and state the date or approximate date thereof.

6. If you timely object to any portion of the request, definition, or instruction, provide a response to the remaining portion.

7. This Inspection Demand shall be deemed to be continuing in nature, and if any DOCUMENTS are discovered or otherwise come to Responding Party's attention after responding to said demands which would be responsive to the demands contained herein in any way, Responding Party shall furnish said DOCUMENTS immediately.

DEFINITIONS

In connection with this First Inspection Demand, the following definitions shall apply, including with respect to the Definitions and Instructions hereto:

1. Terms not defined in this Inspection Demand shall have the respective meanings ascribed to such terms in the Complaint. If no meanings are ascribed to such terms in the Complaint, such terms shall have their ordinary AND usual meanings.

2. "YOU" AND "YOUR" shall mean Responding Party AND any agent, employee, employer, attorney, accountant, investigator OR anyone else acting on YOUR behalf

3. "DOCUMENT" shall mean writings, as defined in Evidence Code Section 250 and shall include all DOCUMENTS as defined in § 203 1 (a)(1) of the Code of Civil Procedure AND shall include, without limitation, all papers AND writings, including drafts AND any mechanical OR electronic recordings OR records of any kind in YOUR possession, custody OR control, OR in the possession, custody OR control of any AGENT, OR of which YOU have knowledge wherever located, whether an original OR a copy, including any handwritten, typed, printed, oral, visual OR electronic communications OR representations, agreements, letters, carbon copies of letters, telegrams, telexes, intracorporate communications, minutes, bulletins, circulars, scripts, notices, specifications, instructions, advertisements, literature, books, magazines, newspapers, booklets, work asreports, sound recordings, photographs, studies, analysis, comparative, surveys, computer programs AND data, financial statements, bank account statements, canceled checks, accounting ledgers OR records, memoranda, data sheets, calculations, offers, invoices, statements, bills, drafts of the aforesaid, AND all copies of the aforesaid upon which have been placed any additional marks OR notations.

4. "MEMORANDUM" shall mean YOUR MEMORANDUM OF POINTS AND AUTHORITIES FOR INTEL'S MOTION FO R SUMMARY JUDGMENT, submitted by YOU to Department 53 of the Superior Court of California, County of Sacramento, on December 9, 1998.

5. Throughout this Inspection Demand, including the definitions of terms, words used in the singular include the plural, AND vice versa. "ALL" shall be include the singular, as well as the plural. Further, "AND" as well as "OR" shall be construed both conjunctively AND disjunctively so as to bring within the scope of these demands all DOCUMENTS which might otherwise be construed to be outside their scope.

 

DOCUMENTS TO BE IDENTIFIED AND PRODUCD

I . Identify and produce any and all DOCUMENT(S) which document, evidence, memorialize or support YOUR statement made in YOUR MEMORANDUM that employees contacted systems support personnel questioning why they were receiving unrequested e-mails.

2. Identify and produce any and all DOCUMENT(S) which document, evidence, memorialize or support YOUR statement made in YOUR MEMORANDUM that employees contacted systems support personnel asking that they be blocked from further e-mails.

3. Identify and produce any and all DOCUMENT(S) identifying all employees who contacted systems support personnel questioning why they were receiving unrequested e-mails.

4. Identify and produce any and all DOCUMENT(S) identifying all employees who contacted systems support personnel asking that they be blocked from further e-mails.

Dated: February 2, 1999

(Signed by Kourosh Hamidi)

Kourosh Kenneth Hamidi

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Intel's Response to Request of Documents (set 1)

LINDA E. SHOSTAK (Bar No. 64599)

MICHAEL A. JACOBS (BAR No. 111664)

KURT E. SPRINGMANN (BAR NO. 196813)

MORRISON & FOERSTER

425 Market Street

San Francisco, California 94105-2482

Telephone: (415)268-7000

Attorneys for Plaintiff

INTEL CORPORATION

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SACRAMENTO

 

INTEL CORPORATION,	No. 98AS05067
Plaintiff
	Department: 53
v.	PLAINTIFF INTEL
	CORPORATION'S RESPONSES
KOUROSH KENNETH HAMIDI	TO DEFENDANT KOUROSH
	KENNETH HAMIDI'S
	REQUEST FOR PRODUCTION
	SET ONE
	Trial Date: Not set.

REQUESTING PARTY: Defendant Kourosh Kenneth Hamidi

RESPONDING PARTY: Plaintiff Intel Corporation

SET NUMBER: One

TO DEFENDANT KOUROSH KENNETH HAMIDI:

Pursuant to California Code of Civil Procedure section 2031, plaintiff Intel Corporation ("Intel") responds as follows to defendant Kourosh Kenneth Hamidi's Requests for Production of Documents Set No. One (the "Requests") served on December 17, 1998. Intel will produce documents as stated herein at a time and location agreeable to both parties.

PRELIMINARY STATEMENT:

Intel has conducted a diligent search and reasonable inquiry in response to the Requests. However, Intel has not completed its investigation of the facts related to this case, has not completed discovery in this action, and has not completed its preparation for any trial that might be held herein. Its responses to these Requests are based upon information currently known to Intel and are given without prejudice to Intel's right to supplement, add to, amend, or modify its responses to these Requests. Moreover, Intel reserves the right to make use of, or introduce at any hearing or at trial, documents or facts not known to exist at the time of production, including, but not limited to, documents obtained in the course of discovery in this action.

Subject to and without waiving the foregoing Preliminary Statement, Intel makes the following General Objections to the Requests in their entirety, including each of defendant's definitions, instructions and individual requests contained therein:

GENERAL OBJECTIONS:

Intel makes the following General Objections, whether or not separately set forth in response to each and every request propounded by defendant. The assertion of the same, similar, or additional objections or partial responses to defendant's individual requests does not waive any of Intel's General Objections.

1. Intel objects to the Requests to the extent that they seek information which is not relevant to the subject matter of this action in that it is neither admissible in evidence nor reasonably calculated to lead to the discovery of admissible evidence related to a claim or defense in this action.

2. Intel objects to the Requests to the extent that they seek confidential or private business information, including, without limitation, trade secret information, personnel information, and/or competitively sensitive information.  Intel will not produce confidential or private business information except pursuant to an appropriate protective order to be entered in this action and any Court ordered modifications thereof.

3. Intel objects to the Requests to the extent they seek information that is: (a) protected by the attorney-client privilege or prepared in anticipation of litigation or for trial, or that is otherwise subject to the attorney work product doctrine; and/or (b) protected by the right to privacy guaranteed by the United States Constitution or the California Constitution; (c) protected by the joint defense privilege, the common interest privilege, or similar privileges; and/or (d) protected by any other applicable privilege, doctrine or immunity.

Any such information is defined to be "privileged." Any inadvertent disclosure of privileged information shall not be deemed to be a waiver by Intel of any applicable privileges or doctrines.

4. Intel objects to the Requests to the extent that they attempt to impose on Intel any obligations or requirements that exceed, enlarge and/or alter those imposed by the California Code of Civil Procedure.

5. Intel objects to the Requests to the extent that they fail to comply with section 2031 of the California Code of Civil Procedure.

6. Intel objects to the Requests to the extent that they are vague, ambiguous, misleading, uncertain, unintelligible, overly broad, fail to specifically describe the information sought, are not defined, seek information outside the scope of the instant lawsuit, and/or would require Intel to speculate as to the nature and scope of the documents sought.

7. Intel objects to the Requests to the extent that they are unduly burdensome, compound and/or duplicative.

8. Intel objects to the Requests to the extent that they call for discovery which will properly be the subject of discovery under California Code of Civil Procedure section 2034 for which disclosure presently is both unwarranted and premature.

9. Intel objects to the Requests to the extent that they purport to seek documents that are already in defendant's possession, documents that are a matter of public record and/or documents that are otherwise equally accessible to defendant.

10. Intel objects to the Requests to the extent that they purport to impose on Intel the burden of ascertaining information that is not in Intel's possession, custody or control, and/or that cannot be found in the course of a reasonable search.

11. Intel objects to the Requests to the extent that they call for organization of documents according to request. Intel will produce documents as they are kept in the ordinary course of business.

12. Intel objects to the Requests to the extent that they contain inappropriate and/or argumentative headings and sub-headings.

13. Intel objects to the Requests to the extent that the Requests, including but not limited to the definition of "IDENTIFY," call for the mailing addresses and telephone numbers of Intel's employees. Intel requires that those employees not be contacted directly, but only through counsel for Intel.

14. Intel objects to the Requests to the extent the definitions of "YOU" and "YOUR" purport to request privileged information in the possession, custody, or control of Intel's attorneys, agents, accountants or consultants.

15. Intel objects to the Requests to the extent the definition of "WRITING" purports to require Intel to compile information stored in electronic form that does not already exist in the form of a report, on the grounds that it would subject Intel to undue burden and expense.

16. Intel states these objections without waiving or intending to waive, but on the contrary preserving and intending to preserve: (a) all objections to the competency, relevancy, materiality, privilege, and admissibility as evidence for any purpose of the responses to the Requests or the subject matter thereof, in any subsequent proceeding in, or the trial of, this or any other action; (b) the right to object on any grounds to the use of any response, or the subject matter thereof, in any subsequent proceeding in, or the trial of, this or any other action; (c) the right to object on any grounds at any time to a demand for further response to these or any other discovery procedures involving or related to the subject matter of the Requests directed to Intel; and (d) the right to object on any grounds to any other or future discovery requests.

Subject to and without waiving the General Objections and qualifications above, Intel further responds as follows:

RESPONSES TO INDIVIDUAL REQUESTS:

REQUEST TO PRODUCE DOCUMENTS NO. 1: Please produce any and all documents identified in your responses to Form Interrogatories, Set No. One, form 120.

RESPONSE TO REQUEST TO PRODUCE DOCUMENTS NO. 1: Intel objects to this request to the extent that it calls for the production of documents protected by the attorney-client privilege and work product doctrine.  Intel further objects to this request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence.

Without waiving the aforementioned objections and subject to the General Objections, Intel will produce documents responsive to this request. 

REQUEST TO PRODUCE DOCUMENTS NO. 2: Please produce any and all documents identified in your responses to

Form Interrogatories, Set No. One, form 129.

RESPONSE TO REQUEST TO PRODUCE DOCUMENTS NO. 2: Intel objects to this request to the extent that it calls for the production of 9 documents protected by the attorney-client privilege  and work product doctrine.  Intel further objects to this request on the grounds  that it seeks information that is neither relevant nor reasonably calculated to lead to  the discovery of admissible evidence.  Without waiving the aforementioned objections and subject to the General Objections, Intel will produce documents responsive to this request.

REQUEST TO PRODUCE DOCUMENTS NO. 3: Please produce any and all  documents as defined by  Evidence Code, Section 250 which support Plaintiff's claim for damages.

RESPONSE TO REQUEST TO PRODUCE DOCUMENTS NO. 3: Intel objects to this request to the extent that it calls for the production of documents protected by the attorney-client privilege and work product doctrine.  Intel further objects to this request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Intel objects to this request on the basis that it is vague, ambiguous, overly broad, burdensome and oppressive.

Without waiving the aforementioned objections and subject to the General Objections, Intel will produce documents that Intel determines to be responsive to this request.

REQUEST TO PRODUCE DOCUMENTS NO. 4: Please produce any and all documents as defined by Evidence Code, Section 250 which support the allegations of the complaint.

RESPONSE TO REQUEST TO PRODUCE DOCUMENTS NO. 4: Intel objects to this request to the extent that it calls for the production of documents protected by the attorney-client privilege and work product doctrine. Intel further objects to this request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Intel objects to this request on the basis that it is vague, ambiguous, overly broad, burdensome and oppressive.

Without waiving the aforementioned objections and subject to the General Objections, Intel will produce documents that Intel determines to be responsive to this request.

Dated: January 8, 1999

LINDA E. SHOSTAK

MICHAEL A. JACOBS

KURT E. SPRINGMANN

MORRISON & FOERSTER LLP

(Signed by Kurt Springman)

Kurt E. Springmann

Attorneys for Plaintiff INTEL CORPORATION

sf-627469

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Ken Hamidi's Request for Documents (set 1)

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SACRAMENTO

 

INTEL CORPORATION,	No. 98AS05067
Plaintiff
v.	REQUEST TO IDENTIFY AND
	PRODUCE DOCUMENTS AND
	OTHER TANGIBLE THINGS
KOUROSH KENNETH HAMIDI	PROPOUNDED UPON
Defendant	INTEL CORPORATION,
	SET NO ONE.

               

Discovery Cut-Off Date: Per Code

Motion Cut-Off Date: Per Code

Trial Date: None Assigned

PROPOUNDING PARTY: DEFENDANT- KOUROSH KENNETH HAMIDI RESPONDING PARTY: PLAINTIFF- INTEL CORPORATION SET NUMBER:                               ONE (1)

TO PLAINTIFF, INTEL CORPORATION, AND TO YOUR ATTORNEYS OF RECORD:

YOU ARE HEREBY REQUESTED pursuant to Section 2031 of the Code of Civil Procedure, to identify in writing and to produce to Defendant, Kourosh Kenneth Hamidi, the following:

REQUESTS FOR PRODUCTION

REQU ST TO PRODUCE DOCUMENTS NO. 1: Please produce any and all documents identified in your responses to Form Interrogatories, Set No. One, form 120.

REQUEST TO PRODUCE DOCUMENTS NO. 2: Please produce any and all documents identified in your responses to Form Interrogatories, Set No. One, form 129.

REQUEST TO PRODUCE DOCUMENTS NO. 3: Please produce any and all documents as defined by Evidence Code, Section 250 which support Plaintiff's claim for damages.

REQUEST TO PRODUCE DOCUMENTS NO. 4: Please produce any and all documents as defined by Evidence Code, Section 250 which support the allegations of the complaint.

The above-described documents and tangible things shall be identified in writing within the time period prescribed by Code of Civil Procedure, Section 203 1, and produced for inspection and copying on January 23, 1999, at 10:00 a.m. at the home of Kourosh Kenneth Hamidi, located at 7349 Cross Drive, Citrus Heights, CA 95610.

CCP 2031 requires service of a written response under oath within 20 days of this request, and production of tangible things on or before the date set out above.

These documents and tangible things are believed to be in existence, are currently believed to be in the possession of the plaintiff, or its attorneys or .agents, are not privileged, are relevant to the subject matter of this action, and are reasonable calculated to lead to the discovery of admissible evidence in this action.

 

Dated: December 17, 1998

(Signed by Ken Hamidi)

Kourosh Kenneth Hamidi