Exhibit 2

Case: 1:20-cv-03535 Document #: 56-2 Filed: 02/25/22 Page 1 of 7 PageID #:320
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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

STATE OF ILLINOIS, )

)

Plaintiff, )

) Case No. 1:20-cv-03535

v. )

)

CSL PLASMA, INC. and CSL BEHRING, ) The Honorable Mary Rowland

LLC, )

)

Defendants. )

PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS 

TO DEFENDANTS

Plaintiff State of Illinois (the “State”), by its attorney, Kwame Raoul, Attorney General of 

Illinois, propound the following requests for production of documents to plaintiffs, pursuant to 

Rules 26 and 34 of the Federal Rules of Civil Procedure, hereby request that Defendants CSL 

Plasma, Inc. and CSL Behring, LLC respond to the following document requests:

DEFINITIONS AND INSTRUCTIONS

1. “Defendants” refers to all named defendants. If a response to an interrogatory 

only applies to one of the defendants, or if there are different answers for each defendant, the 

answer shall identify which answer applies to which defendant.

2. “You,” “your,” or “CSL” shall refer to the named Defendants in this litigation, 

including all employees, volunteers, board members, advisory board members, and any other 

person who provides services in connection with your operation or practice.

3. “Document(s)” or “communication(s),” unless otherwise specified, means all 

writings and electronic writings of any kind, including the originals and all non-identical copies 

whether different from the originals by reason of any notations made on such copies or 

otherwise, including without limitation, emails, correspondence, memoranda, notes, diaries, 

statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, 

returns, summaries, pamphlets, books, inter-office and intra-office communications, internet 

communications, notations of any sort of conversations, telephone calls, meetings or other 

communications, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, work 

sheets, as well as all drafts, alterations, modifications, changes and amendments of any of the 

foregoing, and graphic or oral records or representations of any kind (including, without 

limitation, photographs, charts, graphs, microfiche, microfilm, videotapes, recordings, motion 

pictures), and any electronic mechanical or electric records or representations of any kind 

(including, without limitation, tapes, cassettes, discs, recordings, CDs and computer memories). 

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Documents refer to those which are or have previously been in your possession (whether actual 

or constructive), custody or control (whether immediate or extended), or of which you have 

knowledge.

4. “Document” shall also refer to any other data compilations from which 

information can be retrieved or obtained, and translated, if necessary, by you and through 

computers or detection into reasonably usable form.

5. “Relate,” “relating to,” or “regarding” shall mean directly or indirectly 

mentioning or describing, pertaining to, being connect with, reflecting upon, or having any 

logical or factual connection with a stated subject matter.

6. “Person” shall refer to “any natural person, corporation, partnership, 

proprietorship, association, governmental entity, agency, group, organization, or group of 

persons.

7. “And” and “or” mean “and/or” so that the terms are given their broadest possible 

meaning. In construing a request, the singular shall include the plural and the plural shall include 

singular, and use of a masculine, feminine or neuter pronoun shall not exclude any of the others. 

The past tense includes the present and the present tense includes the past, where the clear 

meaning is not destroyed by the change.

8. “Complaint” means the complaint, and any amendments to the complaint, filed in 

this action.

9. “Answer” and “Affirmative Defenses” refers to the answer and affirmative 

defenses, and any amendments to them, filed in this action.

10. Identify the production request to which each document produced is responsive.

11. All documents shall be produced in their original form and shall include all 

marginalia, post-it notes, or other hand-written notations, as well as any attachments referred to or 

incorporated by the document. In lieu of providing the original of any document requested below, 

you may provide an accurate photocopy of the document.

12. All electronically stored information is to be produced in the form in which it is 

ordinarily maintained (“native format”). If a document cannot be produced in electronic format, it 

must be produced in hard copy, paper format. If a document's original form was electronic, you 

must produce it electronically, preserving all information regarding the document (e.g., its creation 

and modification dates, its location within a storage device’s file structure, etc.). All metadata 

must be preserved and produced with each electronic document.

13. Produce each document in its original file folder, file jacket, or cover along with 

the identity of the individual from whose files the document is being produced or the department 

in which the document was retained.

14. Produce documents in the order in which they are maintained in the ordinary course 

of business or organize and label them to correspond to the categories in each request. The 

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documents shall not be shuffled or otherwise rearranged. Fasten all hard copy, paper documents 

in the same manner as the originals, whether stapled, clipped, or otherwise fastened.

15. If any portion of a document is responsive to a request, produce the entire 

document.

16. If you are aware that you at any time had possession or control of any document 

called for under a production request that has since been lost, destroyed, or is not presently in your 

possession or control, you shall submit a written statement that identifies: (a) the nature of the 

document and its contents; (b) the person who prepared the document and its contents; (c) all 

persons who have seen or had possession of the document; (d) when the document was prepared, 

transmitted, or received; (e) when the document was lost, purged, separated, or destroyed; (f) the 

reasons why the document was lost, purged, separated, or destroyed; (g) any person who requested 

the document to be purged, separated, or destroyed; (h) any person who performed the purge, 

separation, or destruction; and (i) all persons with knowledge of any portion of the contents of the 

document.

17. If it is otherwise not possible to produce any document responsive to any request 

or if any part of said request is objectionable, please state the reasons for your inability to 

produce or your objections with specificity.

18. Please mark all documents produced with an identifying number (i.e., a Bates 

Stamp number) on each page.

19. Any request for a document is also a request to produce all iterations of that 

document, including all earlier and all later versions of that document.

20. If any document is withheld under claim of privilege, please provide a privilege 

log identifying the document, including its author and any recipients, and the basis for your 

privilege claims.

21. Unless otherwise specified, this request encompasses documents and information 

in your possession, custody, or control beginning on January 1, 2014. Documents and information 

that existed during this time period shall be included, even if they were created prior to January 1, 

2014.

22. These requests are continuing in nature. If after answering the requests, you 

obtain or become aware of any further information responsive to these requests, you are required 

to make and serve a supplemental response.

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REQUESTS FOR PRODUCTION

1. All documents that relate to, support, and/or rebut any of the allegations or claims 

in the Complaint.

2. All documents that relate to, support, and/or rebut any of the allegations or claims 

in the Answer and/or Affirmative Defenses.

3. All documents that you may use or rely on to rebut the allegations or claims made 

by the State.

4. All documents that you relied on to respond to any of the interrogatories served by 

the State.

5. All documents identified in your response to any of the interrogatories served by 

the State.

6. All documents identifying, relating to, or containing information about Defendants’ 

potential witnesses.

7. All documents which contain the statement or opinion of any lay witness or that the 

lay witness consults or relies upon to inform their testimony.

8. All documents which contain the statement, opinion, written report, or curriculum 

vitae of any person you expect to call as an expert witness.

9. All documents considered, consulted, or relied upon by any witness in forming any 

opinions.

10. All documents that any witness may rely upon or use at trial, including but not 

limited to demonstrative evidence and exhibits prepared by or on behalf of Defendants.

11. All documents, including but not limited to internal memoranda, internal electronic 

mail communications, policies, guidelines, rules, instructions, resources, internal or external 

audits, and trainings, that in any way relate to the screening, eligibility, or assessment of persons 

who have or seek to have plasma collected at Defendants’ facilities.

12. All documents related to policies or practices regarding people with disabilities.

13. All documents regarding the requesting and provision of reasonable 

accommodations and modifications, including but not limited to effective communication (sign 

language interpreters, braille, real-time captioning, etc.) to donor(s) or potential donor(s) at 

Defendants’ facilities.

14. All documents related to requests for accommodations or modifications at 

Defendants’ facilities.

15. All documents related to requests for accommodations or modifications by any 

donor or potential donor.

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16. All documents relating to Defendants’ determination or assessment of risk factors, 

or any factors that result in a deferral or denial of any type, or any factor that raises a “flag” or 

causes or requires further investigation by an employee or other agent of Defendants into the 

eligibility of a potential or repeat donor, including but not limited to Defendants’ policies or 

practices for suggested or required responses to the identification of such a factor (e.g., rejection 

of a potential donor); and the factual, evidentiary, scientific, medical, economic, or other basis, if 

any, relied upon by Defendants for those policies.

17. All materials Defendants have used or use to communicate with, solicit, target, or 

market to donors and potential donors.

18. All records related to the permanent or temporary deferral of donors and potential 

donors including the reason for deferral.

19. All documents that reflect how Defendants track and/or resolve any disabilityrelated complaints that Defendants receive from any donors, potential donors, employees, or 

other members of the public with regard to Defendants’ business practices, including but not 

limited to plasma donation and collection.

20. All documents that reflect how Defendants screen and/or track potential donors 

and repeat donors (i.e., electronic portal, paper form, database system, etc.), including 

individuals who attempted to donate but were rejected or deferred, and the collection method or 

methods each location uses. For locations where more than one method is used, please provide 

documents for each collection method.

21. Any documents pertaining to Defendants’ policies or practices concerning 

document retention or destruction.

Dated: December 4, 2020 Respectfully submitted,

KWAME RAOUL

Attorney General of Illinois

/s/ Elizabeth Morris___________________

Elizabeth Morris

(emorris@atg.state.il.us)

Neil Kelley

(nkelley@atg.state.il.us)

Office of the Illinois Attorney General

100 West Randolph Street, 11th Floor

Chicago, Illinois 60601

Ph. (312) 814-3000

Counsel for Plaintiff State of Illinois

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CERTIFICATE OF SERVICE

I, Elizabeth Morris, an attorney, certify that on December 4, 2020, I served the 

undersigned attorneys with Plaintiffs’ First Set of Requests for Production of Documents to 

Defendants via electronic mail:

Eric A. Berg

(eric.berg@ogletree.com)

Jennifer Colvin

(jennifer.colvin@ogletreedeakins.com)

OGLETREE, DEAKINS, NASH, SMOAK

 & STEWART P.C.

155 North Wacker Drive, Suite 4300

Chicago, Illinois 60606

Counsel for Defendants

/s/ Elizabeth Morris

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