Defendant's "Triple Threat" Discovery to Plaintiff - Race, Age & Firing

TO: Plaintiff, ____________, by and through his/her/its attorney of record, ____________.

Pursuant to the Federal/(your state) Rules of Civil Procedure, Defendant ____________ (“hereafter Defendant”) submits to you the following discovery.

INSTRUCTIONS

A. Requests for Admissions

You must deliver a written response to said Requests for Admissions to opposing attorney within the time proscribed by the Federal/(your state) Rules of Civil Procedure.

B. Interrogatories

Answer the attached Interrogatories separately and accurately in writing and under oath. You must deliver an original, sworn and executed response to said Interrogatories to opposing attorney within the time proscribed by the Federal/(your state) Rules of Civil Procedure.

C. Production Request

You are reminded that your written response to this Request for Production shall state, with respect to each category of items, that inspection and other requested action will be permitted as requested, except to the extent that you make objections in writing to particular items or categories. Your written responses and/or objections, if any, shall be served on the opposing attorney within the time proscribed by the Federal/(your state) Rules of Civil Procedure. You are requested to make all documents or items subject to this Request for Production available for inspection and copying in your offices, or your attorney’s offices within the time proscribed by the Federal/(your state) Rules of Civil Procedure.

If you contend that you may partially or entirely withhold a requested document because of a rule, privilege, immunity, or other reason, for each document partially or entirely withheld provide the following information: identify the document; and state the factual basis on which you claim the privilege or immunity.

This request does not seek correspondence between you and your attorneys.

REQUEST FOR SUPPLEMENTATION

This discovery request is continuing. In the event that any information or material comes to your attention, possession, custody or control, or the attention, possession, custody or control of your agents, employees, affiliates, subsidiaries, accountants, partners, officers, directors, or attorneys subsequent to the filing of your response, which material or information is responsive to any interrogatory or request for production, you are required to furnish said additional information, answers, or material to the opposing attorney as soon as possible.

DEFINITIONS

1. “Identify” or “name” means the complete identity, to the extent known or ascertainable by you or your attorneys, agents, directors, officers, employees, partners, subsidiaries and affiliates and includes, without limitation, a request for the following information:

   a. Where the term to be identified is a person, the person’s full name, present or last known address and telephone number and present or last known employer;

   b. Where the term to be identified is a document, its character or title, and the author or signatory;

   c. Where the item to be identified is a statement, the exact language or nature of the statement and the person who made the statement; and

   d. Where the information to be identified is a lawsuit, the name of the lawsuit and the city, state and court where it was filed.

2. As used herein, the term “documents” is used in the broadest sense of that term and includes, in addition to the material specifically designated hereafter, the original and all non-identical copies, whether different from the original by reason of notations made on such copies or otherwise, and all drafts of: letters, telegrams, memoranda, reports of telephone conversations, ledgers, journals, invoices, bills, sales orders, call reports, financial and business records, receipts, contracts, reports, studies, calendar entries, diary entries, maps, pamphlets, notes, charts, forms, tabulations, analyses, statistical or informational accumulations, summaries or abstracts, any kind of records of meetings or conversations, firm impressions, sound or mechanical reproductions, rules, regulations, opinions, orders, interpretations, exceptions, position papers, guidelines, publications, instructions, transparencies, handbooks, manuals, operating procedures, appointment calendars, call slips, file jackets, course materials, training materials, minutes, testimony, photographs, videotapes, films, press releases, speeches, surveys, graphs, statistics, tables, printed or typewritten forms (whether of visits, telephone calls, or otherwise), indices, agreements, canceled checks, correspondence, memos, telephone message slips, sketches, notes of conversations, and all other written, printed, typed or other reported matter (including electronic or magnetic recordings), photographs, or other data compilations in which information can be obtained, which are in the possession, custody, or control of you, your attorneys, agents, physicians, directors, officers, partners, affiliates, subsidiaries, servants, or employees.

3. “Opposing attorney” shall mean (your name and address).

4. As used herein, “or” and “and” shall mean and/or.

5. As used herein, the singular shall include the plural, and the plural the singular, whenever the effect of doing so is to increase the information responsive to the request for information.

6. “Photographs” mean all film(s), negative(s), slide(s), photos, polaroids, movie picture(s), videotapes, movies, and pictures, whether developed or not.

7. “Plaintiff,” “you,” “your,” “yours,” and “yourself” shall mean ____________.

8. “This lawsuit” shall mean the lawsuit filed in the ____________, Civil Action/Cause No. ____________, styled ____________.

9. The “incident” shall mean the facts and circumstances concerning the ending of your employment with Defendant ____________.

10. “Defendant ____________” shall mean ____________.

11. The “last 10 years” shall mean the 10 years preceding the service of this discovery through the present. Pursuant to the supplementation requirement under the Rules of Procedure, you are hereby requested to update your answers regarding all complaints, lawsuits, settlements, etc., that arise during the pendency of this lawsuit.

12. “Your associates” shall mean your employees, agents, servants, partners, representatives, subsidiaries, affiliates, principals, privies, directors, and officers.

13. “Medical facility” shall mean any place where a person receives any medical or mental help for any problems. This includes first aid stations, Medi-stop, nurses stations, clinics, hospitals, emergency rooms, doctor’s offices, etc.

14. “Medical professional” shall mean anyone providing assistance to you for health, medical or mental problems. This includes, but is not limited to, doctors, counselors, nurses, mid-wives, acupuncture practitioners, chiropractors, DO’s, hypnotists, drug counselors, and therapists.

    REQUESTS FOR ADMISSIONS

    REQUEST FOR ADMISSION NO. 1: Admit that you have not incurred and are not seeking to recover in this lawsuit any medical expenses as a result of your employment with or separation from Defendant ____________.

    RESPONSE:

    REQUEST FOR ADMISSION NO. 2: Admit that you have not been treated by a psychologist, psychiatrist, doctor or medical professional or any medical facility as a result of your employment with or separation from Defendant ____________.

    RESPONSE:

    REQUEST FOR ADMISSION NO. 3: Admit that following your separation from employment with Defendant, you have not been diagnosed by a doctor, psychologist, or psychiatrist or any other medical professional as suffering from mental anguish or emotional distress as a result of your employment with or separation from Defendant ____________.

    RESPONSE:

    REQUEST FOR ADMISSION NO. 4: Admit that...