115.

Sample Interrogatories

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, CASE NO. CV 92-5146 vs COUNTRY CLUB GARDEN OWNERS ASSOCIATION, INC. Defendant. PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT TO: Barry L. Warren, Esq. Cohen & Warren, P.C. 80 Maple Ave. P.O. Box 768 Smithtown, N.Y. 11787-0768 Country Club Garden Owners Association, Inc., defendant herein, is hereby requested to answer within 30 days the following Interrogatories, in writing and under oath, pursuant to Rule 34, Fed. R. Civ. P. For purposes of these Interrogatories, the terms "identify" and "set forth the identity of" are defined as follows: when used in reference to a natural person, they mean to state the person's full name, current residence and business addresses, current residence and business telephone numbers and, if applicable, his or her title, dates of employment, and job description. If current addresses are unknown, provide the last known business and residence address; when used in reference to a document, they mean to state the type of document (e.g., letter, memorandum, telegram, chart, etc.), its author and originator, its date or dates, all addressees and recipients, and its present location or custodian. If any such document was but is no longer in your possession or subject to your control, state what disposition was made of it, including the date that it left your possession or control and identify the person to whom you transferred it. In the event an interrogatory is objectionable in part, the unobjectionalbe portion of the interrogatory must be answered, pursuant to Rule 33, Fed. R. Civ. P. The term "in your possession," as used herein, refers to any document contained in any file or archive maintained by the Board or an officer thereof; in the possession of any present or former member of Defendant's Board of Directors; or in the possession of any entity which performs management services on behalf of the Board, or of any individual now or formerly employed by such entity. The term "Board" refers to the Board of Directors of the defendant Country Club Garden Owners Association, Inc. The term "242 Farber Drive" refers to the cooperative apartment at that address owned by Joseph and Josephine Palasciano. INTERROGATORY NO. 1: Please describe the form of organization of defendant, with reference to the provision of New York or other law pursuant to which defendant is organized, and set out the date on which defendant was organized. INTERROGATORY NO. 2: Please identify each person who is now a member of the Board, or has been a member since January 1, 1983, and set out the inclusive dates of each such person's service on the Board. INTERROGATORY NO. 3: Please identify the organization or individual which sold 242 Farber Drive to Joseph and Josephine Palasciano ("seller"), and the date on which the contract of sale was executed. INTERROGATORY NO. 4: Please state whether any real estate marketing firm or individual represented seller in connection with such sale. If so, please identify such firm and each representative or representatives of such firm who dealt directly with Joseph and Josephine Palasciano in connection with the sale. INTERROGATORY NO. 5: Please state whether, at or about the time of the sale, Joseph or Josephine Palasciano had any discussion with any representative of defendant, or of any organization identified in response to the foregoing Interrogatory, with respect to Mr. and Mrs. Palasciano's desire to construct temporary steps giving access from the rear deck of 242 Farber Drive to the adjacent parking lot. If so, please set out the substance of those discussions, and identify any document which memorializes or refers to such discussions. INTERROGATORY NO. 6: Please state whether any representative of defendant ever communicated with Joseph or Josephine Palasciano, prior to 1989, regarding the temporary steps referred to in the foregoing Interrogatory. If so, please state the substance of such communication and when and in what form such communication was made and identify each person who was present, and identify all documents referring to or memorializing such communication. INTERROGATORY NO. 7: Please state whether the Board or any representative thereof received at any time a complaint from any person regarding the temporary steps referred to in the foregoing Interrogatory. If so, please state when and in what form such complaint was made and identify each person who made it, describe the substance of the complaint, state what if any action defendant took in response, and identify all documents referring to or memorializing such complaint or any discussion of such complaint by the Board. INTERROGATORY NO. 8: Please state at what meeting or meetings the Board discussed a proposal to replace rear decks at Country Club Garden, including that at 242 Farber Drive, describe the substance of all such discussions, and identify all minutes or other document which refer to such proposal. INTERROGATORY NO. 9: Please state whether the temporary steps referred to in Interrogatory No. 3 were discussed at any meeting of the Board, and if so, state who was present at each such meeting, describe the substance of such discussions, and identify all minutes or other document which refer to such proposal. INTERROGATORY NO. 10: Please state whether the Board, or any committee or representative thereof, decided not to permit Mr. and Mrs. Palasciano to reconstruct the temporary steps after the construction of a new deck at 242 Farber Drive. If so, please state the date of and reasons for such decision, identify the persons who participated in reaching it, and identify all documents in defendant's possession which memorialize or refer to such decision or the discussions which led to it. INTERROGATORY NO. 11: If the answer to the foregoing Interrogatory is affirmative, please state when, in what manner and by whom the decision was communicated to Mr. and Mrs. Palasciano, and identify any documents which make or memorialize such communication. INTERROGATORY NO. 12: Please state whether the Board, or any committee or representative thereof, decided during 1989 to paint over the markings designating a handicapped parking space adjacent to the rear of 242 Farber Drive. If so, please state the date of and reasons for such decision, the date on which it was carried out, identify the persons who participated in reaching it, and identify all documents in defendant's possession which memorialize or refer to such decision or the discussions which led to it. INTERROGATORY NO. 13: If the answer to the foregoing Interrogatory is affirmative, please state when, in what manner and by whom the decision was communicated to Mr. and Mrs. Palasciano, and identify any documents which make or memorialize such communication. INTERROGATORY NO. 14: Please state, with respect to each of the following documents, whether it was communicated by the recipient to the Board or a member thereof; if so, the date and manner of the communication; whether the Board discussed the contents of the document at a meeting; and what action, if any, defendant took in response to the document. (Each of the documents in question has been previously furnished to defendant, and is referred to below by a tab number assigned to it by the Department of Housing and Urban Development pursuant to its investigation of this matter.) Undated, handwritten letter on "Hearts" notepaper, addressed to "Marie Mallon" and signed by "J[oseph] Palasciano." [Tab B-6] Undated, handwritten letter on "Hearts" notepaper, addressed to "Mr. Goldstein" and signed by "Mr. and Mrs. Palasciano," and enclosing two photographs of the rear of 242 Farber Drive. [Tab B-6] Letter dated August 31, 1989, to "Mr. Goldstein" of Total Community Management from Kleo J. King, Esq. of the Eastern Paralyzed Veterans Association. [Tab B-7] Letter dated September 14, 1989, to "Mr. Goldstein" of Total Community Management from Kleo J. King, Esq., enclosing a copy of a letter from Joseph Ransohoff, M.D. addressed "To whom it may concern"; a copy of a letter from Dr. Ransohoff to Donald Holzer, M.D.; and a drawing showing a front and side view of a proposed flight of steps leading from the rear deck of 242 Farber Drive. [Tab B-10] Letter dated September 14, 1989, to Michael Cohen, Esq. from Kleo J. King, Esq. [Tab B-11] Letter dated October 16, 1989, to Michael Cohen, Esq. from Kleo J. King, Esq. [Tab B-12] Letter dated October 23, 1989, to Michael Cohen, Esq. from Kleo J. King, Esq. [Tab B-16] Letter dated November 1, 1989, to Michael Cohen, Esq. from Kleo J. King, Esq., enclosing letter addressed "To whom it may concern" from Gerald Goldberg, M.D., and various medical records pertaining to Josephine Palasciano. [Tab B-13] INTERROGATORY NO. 15: Please identify each document which memorializes any discussion held or action taken by the Board with respect to any of the communications described in the forgoing Interrogatory. INTERROGATORY NO. 16: Please state whether it is defendant's contention the construction of steps from the rear deck of 242 Farber Drive, perpendicular to the long axis of the building, as requested by Mr. and Mrs. Palasciano, would have imposed any administrative burden or expense on defendant. If your answer is in the affirmative, please describe fully the nature of each such anticipated burden or expense. INTERROGATORY NO. 17: Please set forth each and every respect in which the defendant believes or believed that allowing the construction of steps as described in the foregoing Interrogatory would have caused a hardship, burden, or detriment to defendant or to any resident of Country Club Garden. INTERROGATORY NO. 18: With respect to each alleged hardship, burden, or detriment identified in your answer to Interrogatory No. 17, describe in full every fact, survey, or study on which defendant relied in concluding that such hardship, burden, or detriment was likely to take place. INTERROGATORY NO. 19: Please set out each and every reason, not described in the answers to Interrogatories Nos. 16-18, for which defendant, at any time, refused the request of Mr. and Mrs. Palasciano to construct steps perpendicular to the long axis of the building from the rear deck of 242 Farber Drive. Describe in full every fact, survey, or study on which defendant relied in concluding that the request should not be granted for such reason. INTERROGATORY NO. 20: Please state whether the defendant has in its possession, or is aware of, any evidence which tends to show that Josephine Palasciano is not now handicapped within the meaning of 42 U.S.C. �(h), or that she was not handicapped at any time since January 1, 1989. If so, please fully describe such evidence, and identify each person whose testimony may comprise such evidence. INTERROGATORY NO. 21: Identify each liability insurance policy held by Defendant which may indemnify Defendant for the claim asserted in this action. State any dollar limitation on the amount of each such policy's coverage. INTERROGATORY NO. 22: Please identify each person who has not previously been identified in your answers to these Interrogatories who has information pertaining to the subject matter of this action, and summarize the knowledge possessed by each such person. __________________________ Harvey L. Handley III Attorney Housing and Civil Enforcement Section Civil Rights Division Department of Justice Washington, D.C. 20035 (202) 514-4756 [cited in Civil Rights Resource Manual 60]