Case: 1:12-cv-05746 Document #: 131-2 Filed: 05/22/13 Page 1 of 8 PageID #:1388
Case: 1:12-cv-05746 Document #: 131-2 Filed: 05/22/13 Page 2 of 8 PageID #:1389
336354

SCHEDULE A

INSTRUCTIONS

1. You are required to search not only for hard copy documents, but for electronically generated, 

maintained or stored information, including data that exist on your computer's hard drive, on computer 

servers to which you have access, in email accounts, in text messaging accounts, and all other places in 

which responsive electronic data may be stored.

2. Where possible, all electronically generated, maintained or stored information should be 

produced in its native format and in a formal compatible to litigation-support databases and review 

systems. Where possible, such documents should contain searchable text and searchable metadata in a 

load file format.

3. Should you refuse, in whole or in part, to produce documents responsive hereto in reliance on a 

claim of privilege, please state:

a. The name of the sender(s) of the document;

b. The name of the author(s) of the document;

c. The name of the person(s) to whom copies were sent or otherwise made 

available;

d. The job title of every person named in (a), (b) and (c) above;

e. The date of the document;

f. The date on which the document was received by each addressee or other 

recipient;

g. A brief description of the nature and subject matter of the document;

h. The statute, rule or decision which is claimed to give rise to the privilege; 

and 

i. The detailed factual basis for the claim of privilege.

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DEFINITIONS

1. When used in these Definitions, “XCast”, “you”, or “your” (or synonyms thereof)

means XCast Labs Inc., 191 Waukegan Rd., St. 310 in Northfield, IL 60093, including any 

subsidiaries or affiliated enterprises, and its officers, directors and employees. 

2. “Communication” means the transmittal of information (in the form of facts, 

ideas, inquiries, or otherwise).

3. “Concerning” means referring to, describing, evidencing, or constituting.

4. When requested to “identify” a document, give, to the extent known, the (i) type 

of document; (ii) general subject matter; (iii) author(s), addressee(s), and recipient(s); and (iv) 

date the document was prepared. 

5. When requested to “identify” a person, give the person’s full name and present or 

last known address. 

6. “Person” means any natural person or any business, legal or governmental entity 

or association.

7. “Telemarketing” means selling and promoting goods or services by telephone. 

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8. The term “document” is used in the broadest sense of the word and means any 

written, recorded, or graphic material that is in the defendant’s possession, custody, or control 

including but not limited to: memoranda, reports, letters, telegrams, facsimiles, electronic mail, 

voice mail, other electronic correspondence, and any other communications recorded in any form 

or medium; notes, minutes, and transcripts of conferences, meetings, depositions, and telephone 

or other communications; solicitations, advertisements, offers, confirmations, contracts and other 

agreements; statements, ledgers, invoices, receipts, customer or vendor lists, and other records of 

financial matters or commercial transactions; financial models, statistical models, surveys, 

studies, computer printouts, and other data compilations; notebooks, calendars, and diaries; 

plans, proposals, scripts, and specifications; publications, manuals, supplements, indices, 

abstracts, pamphlets, and fliers; photographs, diagrams, graphs, charts, and other drawings; 

transparencies, view graphs, foils, slides, handouts, and multimedia presentations; photocopies, 

microfilm, microfiche, and other copies or reproductions; audio and video recordings; tape, disk 

(including all forms of magnetic, magneto-optical, and optical disks), and other electronic 

recordings. The term includes all drafts of a document; the original document (or an identical 

copy if the original is no longer available); and all copies that differ in any way from the original 

(including as to any notations, underlining, markings, or electronically imbedded comments or

codes). The term also includes information stored in, or accessible through, computer or other 

information retrieval systems, together with instructions and all other materials necessary to use 

or interpret such data compilations.

9. The singular shall be construed to include the plural, and the plural shall be 

construed to include the singular, unless otherwise indicated.

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10. The word “each” shall be construed to include the word “every,” and the word 

“every” shall be construed to include the word “each.”

11. The word “any” shall be construed to include the word “all,” and the word “all” 

shall be construed to include the word “any.”

12. The word “or” shall be construed to include “and,” and the word “and” shall be 

construed to include the word “or.”

13. The words phrases “referring to” or “relating to” means referring to, relating to, 

regarding, reflecting, discussing, constituting, mentioning, pertaining to, alluding to, or 

associated with.

14. The term “present” means up to and including the date of your final response to 

this request.

15. The term “Travel Services” should be understood to include that entity or any 

employee, executive of Travel Services, and any related entity or person, including but not 

limited to the following: Travel Services of Illinois, Travel Services of Arizona, Beth Valente, 

Louise White, LLC, Laura Fernandez, Richard Borst, Jamie Smith, Madeline Allerton, Jonathan 

Allenton, TSN International, Inc., Travel Service Network, Inc., Resort Marketing Group, The 

Marketing Group, GenerationX Solutions,Inc. and any other entity believed to be associated with 

any of them. 

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REQUESTS

Request No. 1: Produce all contracts entered into between you and Travel Services of 

Illinois and/or Arizona, as well as Beth Valente, Louise White, LLC, Laura Fernandez, Richard 

Borst, and Jamie Smith. 

Request No. 2: Provide all correspondence, including, but not limited to, e-mails, 

between you and Travel Services of Illinois and/or Arizona, as well as Beth Valente, Louise 

White, LLC, Laura Fernandez, Richard Borst, and Jamie Smith. 

Request No. 3: All documents relating to voice broadcasting and pre-recorded telephone 

messages sent and/or transmitted by you, or by any agent, for cruise products at any time, on 

behalf of Travel Services or any of its employees.

Request No. 4: All documents relating to any telemarketing, including, but not limited 

to, voice broadcasting and pre-recorded telephone messages for cruise products at any time, at 

any customer’s request.

Request No. 5: Provide all documents relating to consumer requests to be placed on a Do 

Not Call list that relates to Travel Services.

Request No. 6: All documents, including, but not limited to, call detail records, relating 

to all Travel Services accounts for the past four years.

Request No. 7: All documents relating to the phone list(s), including the list(s) 

themselves, utilized to engage in the transmission and/or sending of telephone calls by you, at 

the request of Travel Services at any time.

Request No. 8: All reports, data compilations, verification and/or transmission reports 

related to the transmission and/or sending of telephone calls by you, at the request of Travel 

Services.

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Request No. 9: All documents received from anyone, including, but not limited to, the 

defendants in this case, or its counsel, in any way relating to allegations of illegal telemarketing.

Request No. 10: Provide all responses electronically, and in their native format.

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