To make the complaint and answers easier to read, I have combined them into one document. The answers are in this color and the comments are in this color.


COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT DEPT.

CIVIL ACTION NO.: 98-4820


WILLIAM SILVERSTEIN, Plaintiff,
v.
MICROSYSTEMS SOFTWARE, INC., THE LEARNING COMPANY, INC., RICHARD GORGENS, DEBRA GORGENS, and LARRY MASON, Defendants.

DEFENDANTS' FIRST REQUEST
FOR PRODUCTION OF DOCUMENTS


Pursuant to Rule 34 of the Massachusetts Rules of Civil Procedure, defendants Microsystems Software, Inc. ("MSI"), The Learning Company, Inc. ("TLC"), Richard Gorgens, Debra Gorgens and Larry Mason request that the documents described below be produced by plaintiff William Silverstein for inspection and copying, at the offices of the undersigned attorneys.

I. DEFINITIONS

1. "Complaint" means the complaint filed by William Silverstein against MSI, TLC, Richard Gorgens, Debra Gorgens and Larry Mason in the Massachusetts Superior Court, Middlesex County, dated October 5, 1998.

2. "Defendants" refers to Microsystems Software, Inc., The Learning Company, Inc. and any of their officers, directors, agents, servants, employees, representatives or attorneys, and to any other persons acting on behalf of MSI and TLC, including without limitation Richard Gorgens, Debra Gorgens and Larry Mason.

3. "You" or "your" refers to plaintiff William Silverstein.

4. "Document" or "documents" shall encompass all correspondence, financial records, corporate records and reports, notes, inter-office and intra-office communications, written communications, circulars, announcements, directories, declarations, evaluations, filings, agreements, contracts, subcontracts, legal instruments, workpapers, work orders, work authorizations, process sheets, records, instructions, notes, notebooks, scrapbooks, diaries, minutes, minutes of meetings, calendars, schedules, projections, plans, drawings, specifications, designs, sketches, pictures, photographs, photocopies, charts, graphs, curves, descriptions, motion pictures, videotapes, recordings, published or unpublished speeches or articles, press releases, newspapers, magazines, books, publications, telephone logs, telephone bills, transcripts of telephone conversations, sound recordings, electronic-mail messages and/or files, and any other recorded or retrievable information or data, including but not limited to Internet and World-Wide Web materials (whether on cards, taped, punched or coded, electrostatically or electromagnetically, on computer or otherwise). The term also includes all notes made of any conversations, whether made contemporaneously or after the fact. These requests are further intended to encompass each and every non-identical copy of the documents requested, as well as all documents which are in the actual or constructive possession, custody, care or control of or available by request to plaintiff or her agents, accountants or attorneys.

5. "Communication," "communicate" or "communicated" includes any written correspondence, oral conversations, electronic correspondence or other transmission of fact, information, ideas or opinion with one or more person.

6. "Financial records" comprise all documents, formal or informal, containing or concerning financial data of any kind, including without limitation tax returns, accounts, summaries of accounts, books or records of accounts (including journals, ledgers and the like), financial statements, workpapers, worksheets, purchase orders, bills of sale, invoices, debit and credit memoranda and applications.

7. "Relate(s) to" or "relating to" means containing, recording, discussing, mentioning, noting, evidencing, memorializing, analyzing, describing, commenting upon, referring to, generated in connection with, or tending to prove or disprove, any of the matters set forth.

8. "And" and "or" mean, where the context permits, "and/or."

9. "All" and "any" mean, where the context permits, "any and all."

10. Words used in the singular shall, where the context permits, be deemed to include the plural, and vice versa.

II. INSTRUCTIONS

1. Except where otherwise stated, or where the context requires otherwise, each document specification refers to the time period commencing January 1, 1995, and continuing to and including the date of the response to this request.

2. You are under a continuing obligation to supplement or amend your responses to this request pursuant to Mass. R. Civ. P. 26(e).

3. Where any copy or copies of any document whose production is sought, whether a draft or a final version, is/are not identical to any other copy thereof, by reason of alterations, notes, comments, initials, underscoring, indication of routing or other material contained thereon or attached thereto, all such non-identical copies shall be produced separately.

4. In producing documents, all documents that are physically attached to each other in files shall be left so attached. Documents that are segregated or separated from other documents, whether by inclusion in binders, files or subfiles, or by use of dividers, tabs or any other method, shall be left so segregated or separated. Documents shall be retained in the order in which they are maintained.

5. As to each document requested herein but withheld on a claim of privilege, please state the following:

  1. the title of the document;
  2. the type of document (e.g. letter, note, memorandum, etc.);
  3. the date of the document;
  4. names and positions of all persons who authored the document, or assisted in its preparation, or in whose name the document was prepared;
  5. names and positions of all persons to whom the document was addressed; or to whom it was sent, or who received, have seen, have had possession or custody of, or have had disclosed to them the contents of, the document or any copies thereof;
  6. names and positions of all persons from whom the document was received;
  7. the present location of the document and all copies thereof;
  8. names and positions of all persons having custody or control of the document and all copies thereof; and
  9. a description of subject matter of the document.

III. DOCUMENTS TO BE PRODUCED

Request No. 1

All documents relating to the damages that you claim to have suffered due to Defendants' alleged actions, including but not limited to:

  1. all bills for any medical, psychological or psychiatric consultation, evaluation, treatment or other assistance that you claim to have sought and/or received from any physician, nurse, practitioner, psychologist, psychiatrist, therapist, advisor, counselor, clinical social worker or other health professional or institution for any physical, psychological and/or emotional condition or injury allegedly related to the incidents alleged in your Complaint;
  2. all financial records documenting losses of salary or benefits or any other financial losses that you claim to have suffered due to the incidents alleged in your Complaint; and
  3. all records documenting any other damages that you claim to have suffered due to the incidents alleged in your Complaint, including but not limited to records documenting intangible losses such as losses of job experience, business opportunities or advantages, or consortium.

Request No. 2

All documents relating to any medical, psychological or psychiatric consultation, evaluation, treatment or other assistance that you have sought and/or received from any physician, nurse, practitioner, psychologist, psychiatrist, therapist, advisor, counselor, clinical social worker, hospital, clinic or other healthcare professional or institution since January 1, 1995, including but not limited to all referrals, notes, notes of conversations, letters, memoranda, reports, summaries, diagnoses, recommendations, evaluations, x-rays, prescriptions and insurance documents relating to each such consultation, evaluation, treatment or other assistance, and all documents that you have sent to or received from each such healthcare professional or institution.

Request No. 3

All diaries, journals, logs, notebooks, datebooks and appointment calendars that you have kept at any time during the time period from January 1, 1995, to the present date.

Request No. 4

All documents relating to any incidents of harassment, discrimination or retaliation allegedly directed at you at any time during your employment by MSI.

Request No. 5

All documents relating to any complaints, whether formal or informal, made to Defendants by you or anyone else concerning alleged incidents of harassment, discrimination or retaliation.

Request No. 6

All documents relating to any MSI or TLC employee's knowledge of any incidents of harassment, discrimination or retaliation allegedly directed at you or at any other MSI or TLC employee at any time during your employment by MSI.

Request No. 7

All documents, including but not limited to affidavits, letters, memoranda, notes and notes of conversations, constituting or referring to statements of or communication with any persons, other than legal counsel, with knowledge relating to the allegations in your Complaint.

Request No. 8

All documents relating to the allegations set forth in Paragraph 29 of your Complaint that you were placed under increased scrutiny at work after you reported your injury.

Request No. 9

All documents relating to the allegations set forth in Paragraph 30 of your Complaint that you were harassed by "one or more of the MSI defendants" after you reported your injury.

Request No. 10

All documents relating to the allegations set forth in Paragraph 31 of your Complaint that when you followed your doctor's instructions regarding keyboarding, you were given demeaning tasks.

Request No. 11

All documents relating to the allegations set forth in Paragraph 37 of your Complaint that Debra Gorgens interfered with your having an ergonomist hired to evaluate your workstation.

Request No. 12

All documents relating to the allegations set forth in Paragraph 46 of your Complaint that Larry Mason complained about the time you were taking for medical treatment.

Request No. 13

All documents relating to the allegations set forth in Paragraphs 88, 89 and 92 of your Complaint that you applied for re-employment with MSI and employment with TLC, and that your job continued to be advertised in 1998 by MSI.

Request No. 14

All documents relating to the termination of your employment by Defendants on or about September 27, 1996.

Request No. 15

All documents relating to the charges that you filed against MSI with the Massachusetts Commission Against Discrimination ("MCAD") and/or the Equal Opportunity Commission ("EEOC"), including but not limited to copies of all documents that you submitted to the MCAD and/or the EEOC in connection with such charges.

Request No. 16

All documents constituting or otherwise relating to communications between you and the MCAD, the EEOC and/or the U.S. Department of Labor.

Request No. 17

All documents relating to any charges or complaints that you have brought or made against any current or former employer, whether formal or informal and whether or not any litigation or administrative proceedings have resulted from such complaints.

Request No. 18

All documents relating to any efforts that you have made to secure alternative employment, including self-employment and/or work in a consulting or contracting capacity, since September 1, 1996, including but not limited to all versions of your resume, applications that you have made for employment, advertisements to which you have responded and correspondence that you have sent to or received from prospective employers.

Request No. 19

All documents relating to any employment, including self-employment and/or work in a consulting or contracting capacity, since September 1, 1996, including but not limited to:

  1. all documents reflecting the time period(s) of your employment, your job title(s) and responsibilities, the identities of your supervisors and the amounts of compensation and benefits that you have received; and
  2. your personnel files for each such employer, including but not limited to performance evaluations and records evidencing discipline or termination.

Request No. 20

All documents relating to any compensation, whether in cash or in kind, that you have received from any source other than Defendants since September 1, 1996, including but not limited to all state and federal tax returns, W-2 forms, 1099 forms and check stubs reflecting or otherwise relating to such compensation.

Request No. 21

All documents, whether originals or copies and whether in hard-copy or electronic form, that you took with you from Defendants at the time that your employment with MSI ceased in September, 1996.

Request No. 22

All documents relating to any other claims, including but not limited to lawsuits, workers' compensation claims, Social Security claims, other administrative complaints and insurance claims (including claims for short- or long-term disability benefits), that you have made arising from or relating to your employment with Defendants and/or your physical, psychological or emotional condition, including but not limited to documents evidencing the processing, resolution and disposition thereof and all compensation received by you as a result thereof.

Request No. 23

All documents constituting or relating to policies of insurance naming you as an insured and in effect at any time from January 1, 1995, to the present.

 

MICROSYSTEMS SOFTWARE, INC.,
THE LEARNING COMPANY, INC.,
RICHARD GORGENS, DEBRA GORGENS,
and LARRY MASON,

By their attorneys,

______________________________

Michael L. Rosen, BBO# 559954
Tracey E. Spruce, BBO# 638124
Foley, Hoag & Eliot LLP
One Post Office Square
Boston, MA 02109
(617) 832-1000
Dated: April 15, 1999