Exhibit A

Case: 1:20-cv-00390 Document #: 156-1 Filed: 05/23/23 Page 1 of 32 PageID #:1279
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

DAVID FLEURY, individually and )

on behalf of a class of similarly situated )

individuals, )

)

Plaintiff, ) No. 20-cv-00390

)

v. )

) Hon. Jorge Alonso

UNION PACIFIC RAILROAD COMPANY )

a Delaware corporation, )

)

)

Defendant. )

PLAINTIFF’S FIRST SET OF DOCUMENT REQUESTS 

TO DEFENDANT UNION PACIFIC RAILROAD COMPANY

Plaintiff David Fleury, pursuant to Federal Rule 34, requests that Defendant Union Pacific 

Railroad Company, produce the following Documents for inspection and copying at the office of 

McGuire Law, P.C., 55 W. Wacker Drive, 9th Floor, Chicago, Illinois 60601, within thirty (30) 

days of service of this request.

Definitions

1. “ATTACHMENTS” means files or data that are physically or logically associated

with or embedded into email, and should be identified by mapping to their parent by the Document 

or Production number. If attachments and embedded files are combined with their parent 

documents, then “BeginAttach” and “EndAttach” fields listing the unique beginning and end 

number for each attachment or embedded document must be included.

2. “BATES NUMBERING” means that each page of a produced document, or media

upon which ESI in native format is produced, shall have a legible, unique page identifier “Bates 

Number” electronically “burned” onto or associated with the media, or image in such a manner 

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that information from the source document is not obliterated, concealed, or interfered with. There 

shall be no other legend or stamp placed on the document image unless a document qualifies for 

confidential treatment pursuant to the terms of a Protective Order in this litigation, or has been 

redacted in accordance with applicable law or Court order. In the case of confidential materials as 

defined in the Protective Order, a designation may be “burned” onto or otherwise associated with 

the document’s image at a location that does not obliterate or obscure any information from the 

source document. For redacted material, the word “Redacted” will be burned onto the document 

image over the protected information. To the extent native files are produced, the producing party 

will name the native file with the Bates number.

3. “BIOMETRIC IDENTIFIER(S)” shall mean any personal biological feature that is 

unique to an individual and includes, but is in no way limited to, fingerprints, voiceprints, palm 

scans, hand scans, voice recognition, facial recognition, and any other unique biological feature. 

4. “BIOMETRIC INFORMATION” shall mean any and all information and/or data 

derived from a biometric identifier, regardless of the manner in which such information is 

converted or stored, was converted or stored, or will be converted and stored.

5. “BIOMETRIC(S)” shall collectively mean Biometric Identifiers and/or Biometric 

Information.

6. “BIOMETRIC SYSTEM(S)” shall mean any biometrically enabled identity 

verification device(s) and associated technologies, used by Defendant or on Your behalf during 

the Relevant Time Period.

7. “CLASS” or “CLASS MEMBERS” shall mean any and all alleged members of the 

putative Class as defined in Paragraph 24 of the Plaintiff’s First Amended Class Action Complaint, 

filed on June 16, 2020

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8. “COMMUNICATION” means or refers to the transmittal of information, facts or 

ideas including, but not limited to, communications in the form of any discussion, conversation, 

inquiry, negotiation, agreement, understanding, meeting, telephone conversation, letter, 

correspondence, note, memorandum, e-mail message, telegram, advertisement or other form of 

exchange of words, whether oral or written.

9. “COMPLAINT” shall mean Plaintiff’s First Amended Class Action Complaint, 

filed in the United States District Court for the Northern District of Illinois on June 16, 2020

10. “COMPUTER” and “COMPUTER EQUIPMENT” means all data processing 

equipment, including but not limited to, central processing units (CPUs), whether contained in a 

server or free standing computer or laptop or PDA or similar device that may contain data storage 

capabilities, irrespective of whether such computing platform, infrastructure or storage is 

virtualized, whether that data be structured or unstructured, and also including any equipment 

where computer files (including without limitation, records, documents, logs, and any other 

contiguous of non-contiguous bit strings), hidden system files or metadata presently reside such 

as hard disk drives, optical disk drives, removable media, such as floppy disk drives, CD-ROM 

and DVD drives, Zip drives, Jaz drives, Maxtor drives or snap drives, data processing cards, 

computer magnetic tapes, backup tapes, drum and disk storage devices or any other similar 

electronic storage media or system of whatever name or description. “Computer or computer 

equipment” also means all digital image evidence that may be stored on any type of hardware used 

to store or manipulate electronic images, including but not limited to microfilm, microfiche and 

their repositories and readers, or design or engineering computer systems and regardless of any 

digital image's format, including .jpg, .bmp, or some other advanced or proprietary form of digital 

image format, such as CAD layered drawings. “Computer or computer equipment” also refers to 

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sources of digital evidence that may not presently be in use by your company or may have been 

deleted from your active systems, whether the source is a backup tape or disk, some other data 

retention system or some form of disaster recovery system. “Computer or computer equipment” 

also refers to places where digital evidence may reside that may have been deleted from your active 

files and which may not be readily recoverable from a backup medium, such as metadata.

11. “COMPUTER SYSTEM” refers to free standing servers, computers and laptops, 

and also refers to the network infrastructure and computer support systems of the Defendant or 

subject to the Defendant’s possession, custody or control, such as its subsidiaries, predecessors, 

successors, assigns, joint ventures, partners, parents, agents or affiliates (in this country or 

throughout the world), including but not limited to the following: 

a. Defendant’s LAN, WAN or other network systems, regardless of methods 

of connectivity (e.g., by T1, T3 or optical lines), domains, including PDCs, network 

OSs (such as Novell, Microsoft, UNIX, Citrix or some other similar type) or 

protocols, backup and disaster recovery hardware and media, regardless of the 

physical location of those electronic storage systems.

b. Defendant’s email servers and any repository of email (including within the 

inbox, sent box, deleted box or some similar file of the computers of employees or 

management), or in any backup form whatsoever, regardless of whether you use 

Microsoft Exchange, Outlook, Outlook Express, Lotus Notes or some combination 

of email management software or some alternative commercial or proprietary email 

management software.

c. Defendant’s IS administrative offices, including backup and disaster 

recovery restoration plans and repositories, data retention plans and repositories, 

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purge plans and repositories, training plans and repositories, and libraries of 

hardcopy materials of any description (regardless of where located) and online 

training and operation manuals that have been scanned to disk.

d. All offsite technology and service bureau support and provisioning systems, 

including but not limited to cloud or virtualized application, platform, infrastructure 

or storage schema, and including without limitation any support, scanning or data 

conversion support, offsite data storage or archive support schema in connection 

therewith. 

e. Web hosting and administration services, including intranet and extranet 

sites, regardless of whether they are now publicly posted or exist in English, or 

some other language.

12. “CORRESPONDENCE” means or refers to all written and unwritten but recorded 

communications, including non-duplicate drafts, versions not sent, and copies that differ only in

margin notes or annotations, including memos, letters, analog or digital recordings, voicemail, 

email, computer files, computer disks, or other correspondence or things sent or received by you 

to or from any entity, including correspondence or files maintained or exchanged internally within 

your business or with your employees. 

13. “DATE” means the exact year, month, date and hour, if known, or, if not known, 

your best approximation thereof.

14. “DESCRIBE” or “DESCRIBING” when used in relation to any process, policy, act 

or event means explain the process, policy, act or event in complete and reasonable detail, stating 

the time, date, and location, identifying all persons participating or present, and identifying all 

documents relating thereto.

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15. “DOCUMENT” or “DOCUMENTS” is defined to have the broadest possible 

meaning as allowed under the Federal Rules of Civil Procedure and includes all writings, 

Communications, Correspondence, drawings, graphs, charts, photographs, sound recordings, 

images, and other data or data compilations, including ESI—stored in any medium from which 

information can be obtained. These terms shall also mean copies of Documents even though the 

originals are not in your possession, custody or control; every copy of a Document that contains 

handwritten or other notations or that otherwise does not duplicate the original of any other copy; 

and all attachments to any Document. “DOCUMENT” or “DOCUMENTS” automatically 

includes all “ELECTRONICALLY STORED INFORMATION” or “ESI.”

16. “DUPLICATES” means exact duplicate ESI documents (based on MD5 or SHA-1 

hash values) resident within a party’s data set. Only documents where the main document and the 

attachments are exactly the same will be considered exact duplicates. ESI with differing file names 

but identical hash values shall not be considered duplicates. Exact duplicate shall mean bit-for-bit 

identicality with both document content and any associated metadata. Where any such documents 

have attachments, hash values must be identical for both the document-plus-attachment (including 

associated metadata) as well as for any attachment (including associated metadata) standing alone.

17. “ELECTRONICALLY STORED INFORMATION” or “ESI” as used herein, 

means and refers to computer generated information or data, of any kind, stored on computers, file 

servers, disks, tape or other devices or media, or otherwise evidenced by recording on some storage 

media, whether real virtual, or cloud based. ESI includes any associated METADATA.

18. “FILE NAMING CONVENTIONS” means that where production of .tiff images 

rather than native format ESI is requested or agreed to, each document image file produced shall 

be named with the unique Bates Number of the first page of the document, followed by the 

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extension “.tif” or “.tiff.” To the extent separate text files are provided, text files should be named 

the same as the first tiff image of the document.

19. “IDENTIFY,” when used with respect to a natural person, means to state the 

person’s full name, present or last known business affiliation and position, past and present home 

address and past position and business affiliation, if any, with any of the parties herein.

20. “IDENTIFY,” when used with respect to a company or other business entity, means 

to state the company’s legal name, the names under which it does business, its form (e.g., 

partnership, corporation, etc.), the address of its principal place of business, and to identify its 

principal proprietors, officers or directors.

21. “IDENTIFY,” when used with respect to a document, means to state the date(s) 

prepared, drafted or generated, the author(s), intended and actual recipient(s), type of document 

(e.g., “letter,” “Terms of Service” or “email”), and to identify its last known custodian or location.

22. “IDENTIFY,” when used in reference to an event, transaction, or occurrence, 

means to describe the act in complete and reasonable detail; state the time, date, location; identify 

all persons participating or present; and identify all documents relating thereto.

23. “IDENTIFY,” when used with respect to a communication, means to state the type 

of communication (i.e., telephone discussion, email, face-to-face, etc.), the name and present 

address of each person present during the communication, or who otherwise observed or heard the 

communication and to state the subject matter of the communication and the date upon which it 

occurred. If the communication was in writing, identify all documents that relate or are related to 

the communication in the manner provided above.

24. “INCLUDING” means “including, but not limited to.” “INCLUDES” means 

“includes, but not limited to.”

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25. “MEDIA” means an object or device, real or virtual, including but not limited to a 

disc, tape, computer or other device, on which data is or was stored.

26. “METADATA” means and refers to data about data, including without limitation, 

information embedded in a native file or other data that is not ordinarily viewable or printable from 

the application that generated, edited, or modified such native file which describes the 

characteristics, origins, usage and validity of the electronic file as well as information generated 

automatically by the operation of a computer or other information technology system when a 

native file is created, modified, transmitted, deleted or otherwise manipulated by a user of such 

system. 

27. “METADATA” means, in connection with ESI requested, and includes without 

limitation, file, application and system metadata. The following list identifies the Metadata fields 

that referred to (to the extent available):

• Document number or Production number (including the document start and 

document end numbers). This should use the standard Bates number in accordance 

with those used in previous productions.

• BeginAttach 

• EndAttach 

• Title/Subject 

• Sent/Date and Time (for emails only) 

• Last Modified Date and Time Created Date and Time (for electronic documents) 

• Received Date and Time (for emails only)

• Author 

• Recipients 

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• cc: 

• bcc: 

• Source (custodian) 

• Hash Value

• File Path 

• Media (type of media that the document was stored on when it was collected) 

• Page Count 

• Original File Name

• Doc extension 

• Full Text 

• Accessed Date & Time 

• Last Print Date 

28. “NATIVE DATA FORMAT” means and refers to the format of ESI, whether 

structured or unstructured, in which it was generated and as used by the producing party in the 

usual course of its business and in its regularly conducted activities.

29. “ON YOUR BEHALF” means by, for, on behalf of, or for the benefit of Defendant 

Union Pacific Railroad Company and/or its divisions, subsidiaries, agents, attorneys, employees, 

and all persons acting or purporting to act on behalf of any of them.

30. “PERSON” means or refers to any natural person, corporation, partnership, 

association, organization, joint ventures, or other entity of any type or nature.

31. “PLAINTIFF” means or refers to Plaintiff David Fleury. 

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32. “REFER TO” or “REFERRING TO,” including its various forms such as “referred 

to” or “refers to” means to consist of, concern, discuss, mention, regard, refer to, reflect or be in 

any way logically, factually or legally connected, directly or indirectly, with the matter described.

33. “RELATING TO” or “RELATED TO,” including its various forms such as “relates 

to,” means to consist of, concern, discuss, mention, regard, refer to, reflect or be in any way 

logically, factually or legally connected, directly or indirectly, with the matter described

34. “RELEVANT TIME PERIOD,” means the period beginning five (5) years prior to 

the original filing of Plaintiff’s action on January 17, 2020, through the present. Unless otherwise 

indicated, all Document Requests shall mean for the Relevant Time Period.

35. “STATIC IMAGE” means or refers to a representation of ESI produced by 

converting a native file into a standard image format capable of being viewed and printed on 

standard computer systems.

36. “STRUCTURED DATA” Structured data such as relevant database information 

will be produced in Native Data Format, together with any associated database schema necessary 

to render such data reasonably usable using commonly and currently available tools.

37. “YOU,” “YOUR,” “DEFENDANT,” or “Union Pacific Railroad Company” means 

or refers to Defendant Union Pacific Railroad Company and its divisions, subsidiaries, related 

companies, predecessors and successors, all present and former officers, directors, agents, 

attorneys, employees, and all Persons acting or purporting to act on behalf of any of them.

Instructions

1. If, in responding to these Requests, You encounter any ambiguity in construing 

either the request or any instruction relevant to the Request, You should nonetheless respond to 

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the Request, set forth the matter deemed ambiguous, and You shall set forth the construction used 

in responding to the Request.

2. These are intended as continuing Requests having within them a duty to timely 

supplement the responses until and during the course of trial. Information sought by these 

Requests that You obtain after You serve Your responses must be disclosed to the Plaintiff by 

supplementary responses.

3. If any Request is objected on the basis that the time period covered by the Request 

is irrelevant, burdensome, or otherwise inappropriate, state what time period You consider proper 

for that Request and provide Documents for that time period, preserving Your objection to the 

remainder of the time period.

4. If You object or otherwise refuse to respond to any portion of any Request, You 

shall (1) state the nature and basis of the objection or reason for such refusal in sufficient fashion 

to permit the Court to rule on the validity of the objection and (2) provide Documents responsive 

to all portions of such Request that are not claimed to be objectionable.

5. If You object to answering all or any part of any Request on the grounds of privilege 

or work product, You are required to identify the privileged document(s) or communication(s), 

and with respect to each such privileged responsive document or communication identify:

(a) the date appearing on such document, or if no date appears, the date on which such 

document or ESI was prepared; 

(b) ESI metadata creation, revision, transmission, receipt, and last access dates; 

(c) the name of each person to whom such document or ESI was addressed; 

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(d) the name of each person, other than the addressee(s) identified in subparagraph (c) 

above, to whom such document or ESI, or copy thereof was sent, or with whom 

such document was discussed;

(e) the name of each person who signed such document or ESI, or if not signed, then 

the name of each person who prepared it; 

(f) the name of each person making any contribution to the authorship of such 

document or ESI; 

(g) the job title or position of each person identified in subparagraph (c), (d), (e) and 

(f) above; 

(h) the date such document or ESI was received or discussed by each person identified 

in subparagraphs (c) or (d) above; 

(i) the general nature or description of such document or ESI, and, where applicable, 

its number of pages; 

(j) the name of each person who currently has custody of such document or ESI; and 

(k) the specific ground(s) upon which the privilege or work product rests.

6. Each Request herein shall be construed independently and shall not be limited by 

reference to any other Request.

7. The singular form of a word shall be interpreted as plural, and the plural form of a 

word shall be interpreted as singular, whichever makes the Request most broad.

8. As used herein, the present tense shall also include the past tense.

9. For any term used herein, which is not otherwise specifically defined, the common 

and usual meaning of such term is intended. Any ambiguity in these Requests shall be resolved 

so as to construe these Requests as broadly as possible.

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10. Defined terms need not be capitalized to retain their defined meaning.

11. “And” as well as “or” shall be construed either disjunctively or conjunctively as 

necessary to bring within the scope of these requests any information which might otherwise be 

construed to be outside its scope. Singular and plural words should be read so as to bring within 

the scope of these Requests any information that might otherwise be construed to be outside their 

scope.

12. “Each” shall be construed to include and encompass “all.”

13. “Any” and “all” shall be construed to include “each” and “each and every” and vice 

versa so as to acquire the broadest meaning possible.

14. When producing the requested documents, You are to designate for which specific 

request or requests the document is responsive or produce the documents as they are kept in the 

ordinary course of business. All documents are to be produced in the form, order, and manner in 

which they are generated and maintained by You in the usual course of Your everyday routine 

business activities. Where structured data (e.g., data from a database) is requested, appropriate 

queries will be used to extract relevant data from any such database, which data shall match 

specified criteria, and returning specified fields, in a form and format that is verifiably responsive 

and readable by the use of commonly and currently available tools. Documents are to be produced 

in folders, cartons, or containers in which they have been maintained, stored, clipped, stapled, or 

otherwise arranged in the same form and manner in which they were found and in such manner 

that the office and location from which they were produced is readily identifiable. Whenever a 

document (as defined) or a group of documents is taken out of a file folder, file drawer, file box, 

or notebook, before the same is produced, attach thereto a copy of the label on the file folder, file 

box, or notebook from which the document or group of documents was removed. All ESI should 

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be produced in native format, reasonably usable, and verifiably responsive to the pertinent

request(s) and processable using readily available tools.

15. If any Document requested has been lost or destroyed since its creation, identify 

the nature of the document (e.g., letter, email, etc.), the date of the document, the persons who sent 

and received the original and copies of the document, a summary of the content of the document 

and describe when, where, how, and by whom said document was lost or destroyed, and state the 

name of the person(s) who last had custody thereof.

16. Unless otherwise specified, the time period in these Document Requests is the 

Relevant Time Period, as that term is defined herein.

17. These Document Requests are limited to individuals that are Class Members and 

exclude any individuals whose claims have been released pursuant to any settlement agreement 

executed by the Defendant. 

18. Documents produced shall be labeled in accordance with the Bates Numbering 

system described in the definitions section. 

Documents Requested

DOCUMENT REQUEST NO. 1

All Documents referenced, consulted, or Identified in preparing any answer to Plaintiff’s 

First Set of Interrogatories to Defendant Union Pacific Railroad Company.

DOCUMENT REQUEST NO. 2

All Documents considered or relied upon by You in answering Plaintiff’s First Set of 

Interrogatories to Defendant Union Pacific Railroad Company.

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DOCUMENT REQUEST NO. 3

Any expert or consulting reports prepared for You or On Your Behalf Relating To any of 

the matters alleged in the Complaint.

DOCUMENT REQUEST NO. 4

All Documents which Identify all individuals whose Biometric Identifiers or Biometric 

Information was collected, captured, stored, and/or used by You or on Your behalf during the 

Relevant Time Period.

DOCUMENT REQUEST NO. 5

All Documents Related To any written consent Related To the capture, collection, storage, 

use, or dissemination of biometrics by You or on Your behalf.

DOCUMENT REQUEST NO. 6

All Documents Related To any policy, procedure, or practice Related To the collection, 

capture, use, storage or dissemination of Biometric Identifiers and/or Biometric Information by 

You or on Your behalf.

DOCUMENT REQUEST NO. 7

All Documents Related To any policy, procedure, or practice Related To the preservation 

or destruction of Documents or ESI by You or on Your behalf.

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DOCUMENT REQUEST NO. 8

Any Documents, Communications, and Correspondence Related To Biometrics.

DOCUMENT REQUEST NO. 9

All Documents Relating To the transmission, release, access, and/ or dissemination of

Biometrics to any entity or third party.

DOCUMENT REQUEST NO. 10

All Documents Relating To any contract, agreement, or arrangement Related To 

Biometrics.

DOCUMENT REQUEST NO. 11

All Documents, Communications, Correspondence, or statements made by You, Your 

agents, Your employees, or On Your Behalf which Relate To BIPA.

DOCUMENT REQUEST NO. 12

All Documents that Relate To the hardware and software which comprise the Biometric 

System.

DOCUMENT REQUEST NO. 13

All Documents Related To the identity, function, description, or arrangement of any third 

parties, vendors, agents, contractors, or any other entities Related To the capture, collection, 

processing, storage, conversion, transfer, or use of Biometrics.

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DOCUMENT REQUEST NO. 14

All Documents Related To Your selection of a vendor of biometric identity verification 

technology.

DOCUMENT REQUEST NO. 15

All Documents, including Correspondence and Communications Related To any claim, 

complaints, inquiries, question or contention by any individual or entity received by You Related

To biometrics.

DOCUMENT REQUEST NO. 16

All Documents Related To any insurance policy or indemnification agreement that may 

provide coverage to Defendant for any claims or causes of action asserted in Plaintiff’s Complaint

or that may provide reimbursement for costs, fees, or payments incurred or made in defense of this 

litigation.

DOCUMENT REQUEST NO. 17

All Documents sufficient to identify each Person (other than your attorneys) who assisted 

in the preparation of your responses to these Requests for Production and the specific requests with 

which each such Person assisted and produce all documents you consulted to provide Your 

answers to these Requests for Production. 

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DOCUMENT REQUEST NO. 18

All Documents, including Correspondence and Communications between Defendant and 

any Biometrics Systems vendors, subsidiaries, contractors, affiliates or other agents Related To 

policies, procedures, complaints, and training Related To Biometrics,.

DOCUMENT REQUEST NO. 19

All documents Related To any and all purported defenses to any of the claims asserted in 

the Complaint. 

DOCUMENT REQUEST NO. 20

If not produced under the above Document Requests, an example of every document 

Related To the collection, storage, transfer, destruction, or otherwise use of Biometrics by You or 

on Your behalf during the Relevant Period.

Dated: April 5, 2021 Respectfully submitted,

DAVID FLEURY, individually and on behalf of a 

class of similarly situated individuals, 

By: /s/ David L. Gerbie

One of Plaintiff’s Attorneys

Myles McGuire

Evan M. Meyers

David L. Gerbie

Brendan Duffner

Steven R. Beckham

MCGUIRE LAW, P.C. 

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55 W. Wacker Drive, 9th Fl. 

Chicago, IL 60601 

Tel: (312) 893-7002 

mmcguire@mcgpc.com

emeyers@mcgpc.com

dgerbie@mcgpc.com

bduffner@mcgpc.com

sbeckham@mcgpc.com

Counsel for Plaintiff and the Putative Class

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on April 5, 2021 I served the foregoing Plaintiff’s First Set of 

Document Requests to Defendant Union Pacific Railroad Company via Electronic Mail on the 

following counsel of record:

Melissa A. Siebert

Amy Y. Cho

Jonathon M. Studer

SHOOK, HARDY & BACON L.L.P.

111 South Wacker Drive, Suite 4700

Chicago, IL 60606

Tel: (312) 704-7700

Fax: (312) 558-1195

masiebert@shb.com

acho@shb.com

jstuder@shb.com

/s/ David L. Gerbie 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

DAVID FLEURY, individually and on behalf 

of a class of similarly situated individuals, 

 Plaintiff, 

 v. 

UNION PACIFIC RAILROAD COMPANY, 

a Delaware corporation, 

 Defendant. 

Case No. 1:20-cv-00390 

Jon. Jorge L. Alonso 

DEFENDANT UNION PACIFIC RAILROAD COMPANY’S ANSWERS 

TO PLAINTIFF’S FIRST SET OF DOCUMENT REQUESTS 

Defendant Union Pacific Railroad Company (“Union Pacific”) submits its responses and 

objections to Plaintiff’s First Set of Document Requests. Union Pacific’s investigation is ongoing. 

The responses and objections set forth below are based upon the information presently available 

to Union Pacific, and Union Pacific reserves the right to modify, supplement, or amend these 

responses and objections. Union Pacific will produce the documents referenced below subject to 

the entry of a mutually agreed-upon protective order. 

GENERAL OBJECTIONS 

The following General Objections are hereby incorporated into Union Pacific’s answer to 

each Request as though fully set forth therein. 

1. Union Pacific objects to each Request to the extent that it is unduly burdensome, 

overbroad, vague, or ambiguous. 

2. Union Pacific objects to each Request to the extent that it pertains to a legal 

conclusion that will be reached based on all available evidence. 

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3. Union Pacific objects to each Request to the extent that it seeks information not 

known or reasonably available to Union Pacific, or outside of Union Pacific’s possession, custody, 

or control, or can be more readily obtained through other sources. 

4. Union Pacific objects to each Request to the extent that it seeks documents or 

information related to absent class members, as it would not be appropriate to provide personal 

identifying information about non-clients of opposing counsel. Union Pacific further objects on 

relevancy grounds to the request for the business affiliations of such individuals. 

5. Union Pacific objects to Plaintiff’s definition of “You”, “Your”, and “Defendant”, 

which include entities and persons who are not parties to this case. 

6. Union Pacific objects to Plaintiff’s definitions to the extent they are inconsistent 

with the definitions in the Illinois Biometric Information Privacy Act (“BIPA”), including but not 

limited to Plaintiff’s definitions of “Biometric(s)”, “Biometric Identifier(s)”, “Biometric 

Information”, and “Biometric System(s)”. BIPA does not define the term “Biometric System(s)”. 

Furthermore, in answering these Requests, Union Pacific does not concede that it collected, 

captured, received, or used “biometric identifiers” or “biometric information” as BIPA defines 

those terms. Any responses provided here are not to be taken as a concession that Union Pacific 

uses any devices that store any information defined by BIPA as a “biometric identifier” or 

“biometric information” because the devices used do not scan, collect, or store “biometric 

identifiers” or “biometric information.” Responses simply reflect Union Pacific’s effort to respond 

in good faith. 

7. Union Pacific objects to each Request to the extent it seeks to impose on Union 

Pacific obligations and duties beyond those authorized by the Federal Rules of Civil Procedure 

and other applicable rules and decisions. 

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8. Union Pacific objects to each Request to the extent it seeks information protected 

from disclosure by the attorney-client privilege, work product doctrine, or any other applicable 

privilege, exemption, immunity, or protection. Any such privileged or otherwise protected 

information will not be provided. Any inadvertent disclosure of privileged information or of any 

other information otherwise protected from disclosure shall not constitute a waiver of any claim 

of privilege or exemption from disclosure. 

9. Union Pacific objects to Plaintiff’s instructions to the extent that they purport to 

require Union Pacific to log privileged communications from after this case was filed as unduly 

burdensome and inconsistent with the requirements of the Federal Rules of Civil Procedure. 

10. Union Pacific objects to Plaintiff’s instructions 16 and 17 to the extent that they 

make a Request vague, ambiguous, or incomprehensible. Union Pacific will respond to the 

Requests as written. 

11. Union Pacific objects to each Request seeking “all documents” or “any policy” as 

facially overbroad and unduly burdensome. 

SPECIFIC OBJECTIONS AND RESPONSES TO REQUESTS 

DOCUMENT REQUEST NO. 1: All Documents referenced, consulted, or Identified in 

preparing any answer to Plaintiff’s First Set of Requests to Defendant Union Pacific Railroad 

Company. 

ANSWER: Union Pacific objects to this Request to the extent it seeks information 

protected from disclosure by the attorney-client privilege, work product doctrine, or any other 

applicable privilege, exemption, immunity, or protection. Subject to and without waiving the 

foregoing objection and its General Objections, Union Pacific will produce responsive documents 

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that were referenced or consulted in preparing its answers to Plaintiff’s First Set of Requests for 

Production and Interrogatories. 

DOCUMENT REQUEST NO. 2: All Documents considered or relied upon by You in answering 

Plaintiff’s First Set of Requests to Defendant Union Pacific Railroad Company. 

ANSWER: Union Pacific incorporates its objections and response to Request No. 1. 

DOCUMENT REQUEST NO. 3: Any expert or consulting reports prepared for You or On Your 

Behalf Relating To any of the matters alleged in the Complaint. 

ANSWER: Union Pacific incorporates each of the General Objections above. Subject 

to and without waiving its General Objections, Union Pacific will produce expert reports in 

accordance with the Court’s scheduling order. See Dkt. 96 (setting forth deadlines for expert 

discovery). 

DOCUMENT REQUEST NO. 4: All Documents which Identify all individuals whose Biometric 

Identifiers or Biometric Information was collected, captured, stored, and/or used by You or on Your 

behalf during the Relevant Time Period.

ANSWER: Union Pacific objects to this Request on the basis that Plaintiff has defined 

“Biometric Identifiers” and “Biometric Information” in a manner inconsistent with BIPA. Union 

Pacific denies that it ever collected “biometric identifiers” or “biometric information” as BIPA 

defines those terms. Further, Union Pacific objects to this Request on the basis that it seeks 

documents and information related to absent class members, as it would not be appropriate to 

provide personal identifying information about non-clients of opposing counsel. Union Pacific 

further objects on relevancy grounds to the request for the business affiliations of such individuals. 

DOCUMENT REQUEST NO. 5: All Documents Related To any written consent Related To the 

capture, collection, storage, use, or dissemination of biometrics by You or on Your behalf. 

ANSWER: Union Pacific objects to this Request on the basis that Plaintiff has defined 

“Biometrics” in a manner inconsistent with BIPA. Union Pacific denies that it ever collected 

“biometric identifiers” or “biometric information” as BIPA defines those terms. Union Pacific also 

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objects to this Request on the basis that it seeks documents related to absent class members, as it 

would not be appropriate to provide personal identifying information about non-clients of 

opposing counsel. Subject to and without waiving the foregoing objections and its General 

Objections, Union Pacific will produce documents related to Plaintiff’s consent to use the 

Automatic Gate System in Illinois. 

DOCUMENT REQUEST NO. 6: All Documents Related To any policy, procedure, or practice 

Related To the collection, capture, use, storage or dissemination of Biometric Identifiers and/or 

Biometric Information by You or on Your behalf. 

ANSWER: Union Pacific incorporates its objections to Request No. 5. Union Pacific 

objects to this Request to the extent it seeks information protected from disclosure by the attorneyclient privilege, work product doctrine, or any other applicable privilege, exemption, immunity, or 

protection. Further, a request for “any policy, procedure, or practice” is overbroad and vague and 

seeks documents that are unduly burdensome and not proportional to the needs of the case. Subject 

to and without waiving the foregoing objections and its General Objections, Union Pacific will 

produce its policy and PowerPoint presentation regarding the Automatic Gate System in Illinois. 

DOCUMENT REQUEST NO. 7: All Documents Related To any policy, procedure, or practice 

Related To the preservation or destruction of Documents or ESI by You or on Your behalf. 

ANSWER: Union Pacific objects to this Request on the basis that it seeks information 

protected from disclosure by the attorney-client privilege, work product doctrine, or any other 

applicable privilege, exemption, immunity, or protection. Union Pacific further objects that “any 

policy, procedure, or practice” related to the preservation of destruction of Documents or ESI is 

overbroad, unduly burdensome, and not proportional to the needs of the case. 

DOCUMENT REQUEST NO. 8: Any Documents, Communications, and Correspondence 

Related To Biometrics. 

ANSWER: Union Pacific objects to this Request on the basis that “Any Documents, 

Communications, and Correspondence Related to Biometrics” is overbroad and vague and seeks 

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documents that are unduly burdensome and not proportional to the needs of the case. Further, 

Union Pacific objects to this Request on the basis that Plaintiff has defined “Biometrics” in a 

manner inconsistent with BIPA. Union Pacific denies that it ever collected “biometric identifiers” 

or “biometric information” as BIPA defines those terms. Union Pacific is willing to meet and 

confer regarding the scope of this request. 

DOCUMENT REQUEST NO. 9: All Documents Relating To the transmission, release, access, 

and/ or dissemination of Biometrics to any entity or third party. 

ANSWER: Union Pacific objects to this Request on the basis that “All Documents” is 

overbroad and vague and that this Request seeks information that is unduly burdensome and not 

proportional to the needs of the case. Further, Union Pacific objects to this Request on the basis 

that Plaintiff has defined “Biometrics” in a manner inconsistent with BIPA. Union Pacific denies 

that it ever collected “biometric identifiers” or “biometric information” as BIPA defines those 

terms. Further, Union Pacific denies any “transmission, release, access, and/ or dissemination” of 

biometric information or biometric identifiers as BIPA defines those terms. Union Pacific is 

willing to meet and confer regarding the scope of this request. 

DOCUMENT REQUEST NO. 10: All Documents Relating To any contract, agreement, or 

arrangement Related To Biometrics. 

ANSWER: Union Pacific objects to this Request on the basis that Plaintiff has defined 

“Biometrics” in a manner inconsistent with BIPA. Union Pacific denies that it ever collected 

“biometric identifiers” or “biometric information” as BIPA defines those terms. Further, “[a]ny 

contract, agreement, or arrangement Related to Biometrics” is vague, ambiguous, and overbroad 

and seeks information that is unduly burdensome and not proportional to the needs of the case. 

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Subject to and without waiving the foregoing objections and its General Objections, Union Pacific 

states that it will produce contracts related to the Automatic Gate System in Illinois. 

DOCUMENT REQUEST NO. 11: All Documents, Communications, Correspondence, or 

statements made by You, Your agents, Your employees, or On Your Behalf which Relate To 

BIPA. 

ANSWER: Union Pacific objects to this Request on the basis that it seeks information 

protected from disclosure by the attorney-client privilege, work product doctrine, or any other 

applicable privilege, exemption, immunity, or protection. Further, a Request that seeks documents 

that “Relate To BIPA” is vague and ambiguous. Subject to and without waiving the foregoing 

objection and its General Objections, Union Pacific will produce its policy regarding the 

Automatic Gate System in Illinois and a PowerPoint presentation. 

DOCUMENT REQUEST NO. 12: All Documents that Relate To the hardware and software 

which comprise the Biometric System. 

ANSWER: Union Pacific objects to this Request on the basis that “Biometric System” 

does not appear in BIPA. Union Pacific denies that it ever collected “biometric identifiers” or 

“biometric information” as BIPA defines those terms. Further, a request for “All Documents that 

Relate To the hardware and software which comprise the Biometric System” is vague, ambiguous, 

and overbroad. Subject to and without waiving the foregoing objections and its General 

Objections, Union Pacific states that it will produce contracts related to the Automatic Gate System 

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in Illinois and manuals and promotional materials in its possession, if any, regarding the Automatic 

Gate System in Illinois. 

DOCUMENT REQUEST NO. 13: All Documents Related To the identity, function, 

description, or arrangement of any third parties, vendors, agents, contractors, or any other entities 

Related To the capture, collection, processing, storage, conversion, transfer, or use of Biometrics. 

ANSWER: Union Pacific incorporates its objections and responses to Request No. 12. 

DOCUMENT REQUEST NO. 14: All Documents Related To Your selection of a vendor of 

biometric identity verification technology. 

ANSWER: Union Pacific objects to this Request on the basis that Plaintiff has defined 

“Biometrics” in a manner inconsistent with BIPA. Union Pacific denies that it ever collected 

“biometric identifiers” or “biometric information” as BIPA defines those terms. Plaintiff does not 

define “identity verification technology,” which is vague, ambiguous, and overbroad and seeks 

information that is unduly burdensome and not proportional to the needs of the case. Further, this 

Request seeks information that is irrelevant to Plaintiff’s claims. 

DOCUMENT REQUEST NO. 15: All Documents, including Correspondence and 

Communications Related To any claim, complaints, inquiries, question or contention by any 

individual or entity received by You Related To biometrics. 

ANSWER: Union Pacific objects to this Request on the basis that Plaintiff has defined 

“Biometrics” in a manner inconsistent with BIPA. Union Pacific denies that it ever collected 

“biometric identifiers” or “biometric information” as BIPA defines those terms. Further, Union 

Pacific objects to this Request on the basis that it seeks documents and information related to 

absent class members, as it would not be appropriate to provide personal identifying information 

about non-clients of opposing counsel. Subject to and without waiving the foregoing objections, 

Union Pacific will produce, if any, documents related to Plaintiff’s complaints, inquiries, 

questions, or contentions related to the Automatic Gate System in Illinois. 

DOCUMENT REQUEST NO. 16: All Documents Related To any insurance policy or 

indemnification agreement that may provide coverage to Defendant for any claims or causes of 

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action asserted in Plaintiff’s Complaint or that may provide reimbursement for costs, fees, or 

payments incurred or made in defense of this litigation. 

ANSWER: Union Pacific incorporates the General Objections above. Subject to and 

without waiving its General Objections, Union Pacific states, as disclosed in its Rule 26(a)(1) 

Disclosures, Union Pacific does not have any applicable insurance policy. Regarding 

indemnification, Union Pacific refers Plaintiff to the contracts produced regarding the Automatic 

Gate System in Illinois. 

DOCUMENT REQUEST NO. 17: All Documents sufficient to identify each Person (other than 

your attorneys) who assisted in the preparation of your responses to these Requests for Production 

and the specific requests with which each such Person assisted and produce all documents you 

consulted to provide Your answers to these Requests for Production. 

ANSWER: Union Pacific objects to this Request on the basis that it seeks documents 

“sufficient to identify” individuals who assisted in preparing responses to Plaintiff’s Requests. 

Subject to and without waiving the foregoing objection and its General Objections, Union Pacific 

refers Plaintiff to the individuals identified in Union Pacific’s Initial Disclosures. Further, the 

identified responsive documents were consulted in preparing its answers to Plaintiff’s First Set of 

Requests for Production. 

DOCUMENT REQUEST NO. 18: All Documents, including Correspondence and 

Communications between Defendant and any Biometrics Systems vendors, subsidiaries, 

contractors, affiliates or other agents Related To policies, procedures, complaints, and training 

Related To Biometrics. 

ANSWER: Union Pacific objects to this Request on the basis that Plaintiff has defined 

“Biometrics” in a manner inconsistent with BIPA. Union Pacific denies that it ever collected 

“biometric identifiers” or “biometric information” as BIPA defines those terms. Further, a request 

for “All Documents . . . Related to Biometrics” is overbroad and vague, ambiguous, and seeks 

information that is unduly burdensome and not proportional to the needs of the case. Subject to 

and without waiving the foregoing objections, Union Pacific will produce documents, including 

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communications, between Union Pacific and vendors related to the data collected by the Automatic 

Gate System in Illinois. 

DOCUMENT REQUEST NO. 19: All documents Related To any and all purported defenses to 

any of the claims asserted in the Complaint.

ANSWER: Union Pacific incorporates the General Objections above. Subject to and 

without waiving its General Objections, Union Pacific will produce its policy regarding the 

Automatic Gate System in Illinois and Plaintiff’s consent. 

DOCUMENT REQUEST NO. 20: If not produced under the above Document Requests, an 

example of every document Related To the collection, storage, transfer, destruction, or otherwise use 

of Biometrics by You or on Your behalf during the Relevant Period.

ANSWER: Union Pacific objects to this Request on the basis that seeking an “example 

of every document” is vague, ambiguous, and overbroad and seeks information that is unduly 

burdensome and not proportional to the needs of the case. Further, Union Pacific objects to this 

Request on the basis that Plaintiff has defined “Biometrics” in a manner inconsistent with BIPA.

Union Pacific denies that it ever collected “biometric identifiers” or “biometric information” as 

BIPA defines those terms. 

Dated: August 1, 2022 

By: 

Respectfully Submitted, 

 /s/ Melissa A. Siebert

 

Melissa A. Siebert (masiebert@shb.com) 

Amy Y. Cho (acho@shb.com) 

Kathleen M. Ryan (kxryan@shb.com) 

Shook, Hardy & Bacon L.L.P. 

111 South Wacker Drive, Suite 4700 

Chicago, Il 60606 

Tel: (312) 704-7700 

Fax: (312) 558-1195 

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11 

CERTIFICATE OF SERVICE 

I, Melissa A. Siebert, an attorney, hereby certify that on August 1, 2022, I caused a true and 

correct copy of the foregoing to be served on counsel of record via email as follows: 

 

Myles McGuire 

Evan M. Meyers 

David L. Gerbie 

Brendan Duffner 

Steven R. Beckham 

MCGUIRE LAW, P.C. 

55 W. Wacker Drive, 9th Fl. 

Chicago, IL 60601 

Tel: (312) 893-7002 

emeyers@mcgpc.com 

dgerbie@mcgpc.com  

bduffner@mcgpc.com 

sbeckham@mcgpc.com 

 

 Counsel For Plaintiff And The Putative Class

 

 /s/ Melissa A. Siebert 

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