IN THE DISTRICT COURT, COUNTY OF CASS, NORTH DAKOTA

Transcription

1 IN THE DISTRICT COURT, COUNTY OF CASS, NORTH DAKOTA Sierra Corporate Design, Inc., Plaintiff, v. File No C David Ritz, Defendant. DEFENDANT DAVID RITZ S FIRST INTERROGATORIES TO PLAINTIFF SIERRA CORPORATE DESIGN, INC. DEFINITIONS 1. Communication(s (without regard to capitalization shall mean any oral or written transmittal or receipt of words or information, by whatever manner or means, and regardless of how or by whom the Communication was initiated. The term shall include, but not be limited to, letters, memoranda, telegrams, telexes, s, facsimiles (faxes, face-to-face meetings, telephone conferences, IM (Instant Message conversations, and all other forms of information transfer. Reference to Communications with business entities shall be deemed to include all officers, directors, employees, Agents, or other representatives of such entities. 2. Date (without regard to capitalization shall mean the exact date, month, and year, if ascertainable or, if not, 1

2 the best approximation of the date (based upon relationship with other events. 3. Defendant (without regard to capitalization or pluralization refers to David Ritz. 4. Sierra or Plaintiff refers to Plaintiff Sierra Corporate Design, Inc. and/or any subsidiary, division, department, or other wholly-owned or otherwise controlled entity. 5. Document (without regard to capitalization includes, without limitation, the original and any non-identical copy, whether different from the original because of handwritten notes, underlinings on the copy, or otherwise, regardless of origin or location, of written, typed, printed, or graphic matter (however produced or reproduced, electrical or magnetic sound or video recordings, film, or photographic prints, or any other writings or recordings of every kind and description. This term includes, but is not limited to, papers, letters, correspondence, agreements, contracts, s, IM s, calendars, telegrams, handwritten notes, notations, memoranda (including memoranda of conversations or meetings, notebooks, reports, records, articles, books, tables, charts, graphs, lists (including lists of addresses, diaries, diary entries, facsimiles, specimens, models, schedules, accounts, ledgers, 2

3 audits, computer printouts, telephone or other bills or invoices and indices, and drafts, revisions, or amendments of any of the above, and generally, any kind of tangible, permanent records that are now, or formerly were, in Your possession, custody, or control. Document specifically includes any other data compilations from which information can be obtained, and translated, if necessary, by You through computers or detection devices into reasonably usable form. (Note that pursuant to the foregoing definition, document always and necessarily includes digitally or electronically-stored data, including hard drives, diskettes, CD s, tape, and any other form of mass data storage. 6. Identify shall mean, when used in relation to: (a a real person: the provision of: that person s full name; social security number if known; last known home and work addresses; last known home and work phone numbers; and a description of his/her relationship to You; (b a document: the provision of: the name and address of the custodian of the document; the location of the document and all copies; and a general description of the document, including: (1 the type of document (i.e., correspondence, memorandum, facsimile, etc.; (2 the general 3

4 subject matter of the document; (3 the dates of creation and distribution; (4 Identification of the author of the document; (5 Identification of the recipients of the document; and (6 the relationship of the author and each recipient to each other; (c a communication: the provision of: Identification of all parties to the communication; the date of the communication; the manner of the communication; and the substance of the communication; (d a corporate or business entity or other nonindividual association or entity: the provision of: full entity name; dba or trade name (if any; principal business address; state of incorporation (if any; Identification of the officers, directors, and registered agent of the entity; and the Tax ID number of the entity; and (e any other object or thing (i.e., when Identify is not capitalized as a term-of-art: its normal and customary meaning in the context of the particular discovery request in which it appears. 4

5 7. Person (without regard to capitalization means any natural person, corporation, partnership, proprietorship, association, governmental entity, agency, group, organization, or group of persons. 8. You, or Your, refers to the specific Plaintiff this discovery was served upon amongst those listed in the title of this document, as well as any officers, directors, employees, agents, representatives, and/or other persons acting, or purporting to act, on behalf of the specific Plaintiff this discovery was served upon. 9. Third-party or third-parties (without regard to capitalization refers to individuals or entities that are not party to this action. 10. The following rules of construction shall apply to this discovery and Your responses thereto: (a Any form of the word include shall always be read as including but not limited to. (b The connectives and and or shall be construed either conjunctively or disjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 5

6 (c The use of the singular form of any word shall be taken to mean the plural as well as the singular, and the use of the plural form of any word shall be taken to mean the singular as well as the plural. (d The use of a verb in any tense, mood, or voice shall be construed as the use of the verb in all other tenses, moods, or voices, as necessary to bring within the scope of discovery request all responses that might otherwise be construed to be outside the scope. (e The use of any particular term of relationship shall be read as implying all terms of relationship. As used in this paragraph, term of relationship shall refer individually and collectively to the following terms, or any form thereof: regarding, pertaining to, relating to, referring to, containing, concerning, describing, embodying, touching upon, mentioning, constituting, supporting, corroborating, demonstrating, proving, evidencing, and showing, as well as all other similar terms. INSTRUCTIONS A. Interrogatories 1. Generally 6

7 Each Interrogatory calls for information in Your possession, custody or control, including information in the possession, custody or control of Your members, agents, brokers, representatives, employees, consultants, officers, directors, and any other Person or entity who is acting or has acted on Your behalf, including, unless privileged, Your former or present attorneys. Each interrogatory must be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. Responses shall be served upon counsel for this Defendant within 30 days after service if service is by hand, or 33 days after service if service is by mail. You are under a duty seasonably to supplement Your responses to the interrogatories with respect to the identity and location of persons having knowledge of discoverable matters and the identity of persons expected to be called as expert witnesses, as well as the subject matter on which they are expected to testify and the substance of their testimony. You are under a duty seasonably to amend a prior response if You obtain information upon the basis of which You know that the response was incorrect when made, or You know that the response, though correct when made, is no longer true and the circumstances are such that a failure to amend the response 7

8 would be, in substance, a knowing concealment. The descriptive captions of the interrogatories are intended entirely as a convenience and in no way define or limit their scope, content, or meaning. 2. Specific Objections If You object to Identifying a document or communication because of a privilege, You must nevertheless provide, pursuant to N.D.R.Civ.P. 33, sufficient information to permit Defendant to respond substantively to each specific objection. INTERROGATORIES 1. Give the name, home address, telephone number, and place of employment of all persons who have knowledge concerning the transactions giving rise to this lawsuit or any issue of liability in this lawsuit. For each person Identified in response to this interrogatory, provide a brief description of the knowledge of each. 2. Identify each person who assisted in the preparation of Your responses to these Interrogatories. 3. Identify every fact that supports each claim asserted by You in the Complaint and any subsequent Amended Complaint. 4. State the name, address, and employer of all persons who to Your knowledge, information or belief have investigated any aspect of the occurrence which is the subject of this 8

9 litigation, and indicate whether or not each has made a written record of the investigation or any part thereof. 5. Identify every zone transfer request received by any Domain Name Service ( DNS server owned or operated by Sierra from January 1, 2005 to the present date. For each zone transfer request identified, provide the date and time of the request, the host name and IP address of the server receiving the request, and all identifying information concerning the point of origin of the request (e.g., IP address, server log-in name, person making request. 6. Identify every Internet domain name registered to Sierra and every Internet domain name owned by Sierra or otherwise operated by Sierra as part of its business operations from January 1, 2004 to the present date. 7. For each domain name identified in response to Interrogatory 6, above, identify the use(s to which each domain name is put by Sierra (e.g., World Wide Web site, domain, internal network domain, et cetera. 8. Identify every address used by Jerry Reynolds as part of any business activities for, with, through, or on behalf of Sierra. 9

10 9. Identify every address used by Brad Allison as part of any business activities for, with, through, or on behalf of Sierra. 10. Specifically identify every item and amount of damages sustained by Sierra resulting from any alleged unauthorized access to any Sierra computer by Defendant. 11. Identify every subsequent unauthorized access to any Sierra computer that resulted as a direct and proximate result of Defendant s alleged unauthorized access to any Sierra computer. 12. Identify every additional measure taken by Sierra since February 27, 2005 to secure, restrict access to, or otherwise reduce any third-party s access to its DNS servers generally. 13. Identify every additional measure taken by Sierra since February 27, 2005 to secure or restrict any third-party s ability to issue zone transfer requests to any Sierra DNS server. 14. Identify every current and former employee, officer, director, agent of Sierra, or independent contractor acting on behalf of Sierra, who registered any Internet domain names for, on behalf of, or for use by Sierra. 10

11 15. Identify every IP allocation involving Sierra as a transferor or transferee from January 1, 2005 to the present. Your response should include, but is not limited to, receipt of any IP address (or blocks of IP addresses from any Internet service provider, as well as transfers to or from other users of IP addresses who are not Internet service providers. 16. Identify each office location used, maintained, or designated by Sierra at any time since its creation. For each office location, identify the address, the date the office location was first established or used, the date the office location ceased to be used by Sierra (if any, and what corporate functions are (or were associated with or carried out from that location. 17. Identify all predecessor, successor, subsidiary, and parent corporations or other entities related to Sierra and describe the relationship of each to Sierra. Submitted this 29 th day of December, WELLBORN & WALLACE, LLC Kelly O. Wallace Georgia Bar No (Admitted Pro Hac Vice 1175 Peachtree Street, NE 100 Colony Square, Suite 300 Atlanta, GA

12 W. Todd Haggart Vogel Law Firm 218 NP Avenue P.O. Box 1389 Fargo, ND Michael D. Huitink Godfrey & Khan, SC 780 North Water Street Milwaukee, WI ATTORNEYS FOR DEFENDANT DAVID RITZ 12

13 IN THE DISTRICT COURT, COUNTY OF CASS, NORTH DAKOTA Sierra Corporate Design, Inc., Plaintiff, v. File No C David Ritz, Defendant. CERTIFICATE OF SERVICE I hereby certify that I have this day caused a copy of the foregoing Defendant s First Interrogatories To Plaintiff Sierra Corporate Design, Inc. in the above-styled case to be mailed to counsel of record for Plaintiff Sierra Corporate Design, Inc., by placing a copy of said document in the United States mail in an envelope bearing proper postage and addressed as follows: Timothy M. O Keefe Kennelly & O Keefe, Ltd. Alerus Financial Building 15 Broadway, Suite 604 P.O. Box 2105 Fargo, ND Christopher J. Harristhal Larkin, Hoffman, Daly & Lindgren, Ltd Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, MN This 29 th day of December, WELLBORN & WALLACE, LLC Kelly O. Wallace 13

14 1175 Peachtree Street, NE 100 Colony Square, Suite 300 Atlanta, GA Ph: ( Fx: ( Attorneys for Defendant David Ritz Georgia Bar No