Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 21 of 123 PageID: 4204 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY 7-ELEVEN, INC., Plaintiff/Counter-Defendant, vs. KARAMJEET SODHI, MANJINDER SINGH, KARAMJIT SINGH and DOES 1 through 50, inclusive, Defendants/Counter-Plaintiffs. Civil Action No.: 13-cv-03715 (MAS) (DEA) DEFENDANTS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS PURSUANT TO AUGUST 14, 2013 ORDER OF MAGISTRATE JUDGE ARPERT TO: Stephen Sussman, Esq. Duane Morris LLP 1540 Broadway New York, New York 10036 Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”), Defendants hereby demand that Plaintiff 7-Eleven, Inc. produce and permit Defendants’ Counsel to inspect and copy the documents requested herein. Plaintiff shall serve their responses to these requests and produce such documents by [date] on or before 5:00 p.m., pursuant to the order granting expedited discovery, to the offices of Marks & Klein, LLP, 63 Riverside Avenue, Red Bank, New Jersey 07701. Further, said responses and document production shall be properly supplemented in accordance with Rule 26. INSTRUCTIONS “You,” “Your,” “7-Eleven” and “Plaintiff” shall each mean Plaintiff 7-Eleven, Inc. and/or its past and/or present officers, directors, agents, servants, representatives, employees, independent contractors, attorneys, consultants, experts, investigators, predecessors, successors, parents, subsidiaries, affiliates, and any other person or entity acting on behalf of Lifestyle.
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 29 of 123 PageID: 4212 The “Defendants” shall mean Defendants Karamjeet Sodhi, et al., and each of their respective past and/or present officers, directors, agents, servants, representatives, employees, independent contractors, attorneys, consultants, experts, investigators, predecessors, successors, parents, subsidiaries, affiliates, and any other person or entity acting or purporting to act on behalf of Defendants. “Sodhi’s Stores” shall mean any of the six (6) franchise locations owned and operated by Defendant Sodhi. “Complaint” shall mean the original complaint in this matter filed by 7-Eleven, Inc. on June 15, 2013. “Amended Complaint” shall mean the amended pleading filed by 7-Eleven, Inc. on June 26, 2013. “Investigation” shall mean the investigation conducted by Plaintiff in connection with Defendant Sodhi’s six stores that is the subject of this dispute. “Amarjit Kaur” or “Kaur” shall mean Plaintiff’s alleged current employer, Amarjit Kaur, who filed Declarations in connection with this matter. “Document” or “documents” as used herein should be construed in the broadest possible sense and refers to any printed, written, taped, recorded, photographed, video recorded, graphic, computerized, electronically stored, or other tangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise. This includes, but is not limited to, notes, correspondence, e-mails, memoranda, messages, outlines and/or proposals, and any other items or things within the scope of Rule 34 of the Federal Rules of Civil Procedure.
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Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 80 of 123 PageID: 4263 (information about the Document or file that is recorded by the computer to assist the computer and often the user in storing and retrieving the Document or file at a later date); (c) replicant data (data which is automatically created and retained by various systems, including automatic backup files generated by operating systems); (d) backup data (found in backup and archival or legacy data files); and (e) residual data (deleted files and data fragments not yet overwritten) of any kind which are in Your actual or constructive possession, custody or control or known or believed by You to exist or to have existed. Electronic Data is deemed to be or to have been in Your “control” if You now have or have had the right to secure or obtain the document or a copy thereof on demand from another Person or governmental entity having actual physical possession thereof. “Factual Basis” means all information of any kind of which You are aware whether such information is admissible or inadmissible in evidence. A response setting forth the “Factual Basis” shall include the name and address of any such Persons involved, the identification of any Documents involved, the time and date of the described circumstances, the name and address of any witnesses to the circumstances described, and an exhaustive description of the circumstances and factual aspects of the subject of inquiry. All written statements pertaining to the factual basis as defined in this paragraph must be identified in your response. To “identify,” or “state the identity of” or “to describe” a Person, if that Person is a natural Person, means to state: His or her name and all other names by which he or she is known; His or her present or last known resident address and telephone number; His or her present or last known business address and telephone number; and His or her present or last known occupation, position, and business affiliation.
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 91 of 123 PageID: 4274 “Plaintiffs” mean Plaintiffs Neil Naik, Hemang Patel, Jayesh Patel and/or Kalpana B. Patel, either individually or collectively, in this action. “Plaintiff’s Store(s)” mean Plaintiffs Neil Naik, Hemang Patel, Jayesh Patel and/or Kalpana B. Patel’s stores, either individually or collectively. “You,” “Your,” “Defendant” or “7-Eleven” collectively means Defendant in this action, along with its agents, employees, representatives, predecessors, successors, and assigns. “Second Amended Complaint” means the Second Amended Complaint filed by Plaintiffs on or about January 30, 2014, Civil No. 1:13-cv-04578-RMB-JS. “And” means “and/or” “Operations Manual” or “Operations Manuals” mean any manuals disseminated to franchisees, including Plaintiffs, by 7-Eleven. “Accounting Department” means the department within 7-Eleven that deals with, or has control over, franchisees’ accounting. “Audit” or “Audits” mean a physical count of the Inventory, pursuant to 7- Eleven’s normal procedures. “Maintenance Contracts” means contracts that Plaintiffs were required to obtain pursuant to the Store Franchise Agreement. “Open Account” means an account that 7-Eleven agreed to establish and maintain for Plaintiffs as part of the Bookkeeping Records. “Notice of Breach” or “Notices of Breach” mean letters and/or notices sent to Plaintiffs regarding Plaintiffs’ alleged deficiencies. “Notice of Termination” or “Notices of Termination” mean letters and/or notices sent to Plaintiffs regarding Plaintiff’s alleged deficiencies.
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 92 of 123 PageID: 4275 “Notice of Material Breach” or “Notices of Material Breach” mean letters and/or notices sent to Plaintiffs regarding Plaintiff’s alleged deficiencies. “LON” or “LONs” mean Letter(s) of Notification sent to Plaintiffs. “Form 48A” or “Form 48As” mean financial summaries identified by the description “RODID: 48A.” “Lease Agreement” or “Lease Agreements” mean any written agreement in which the owner of certain property allowed 7-Eleven to use said property for the purpose of operating one of Plaintiffs’ Stores, individually and/or collectively. “Permanent File” means the entire file of documents (Electronic Data and/or hard copy) kept by 7-Eleven with relation to Plaintiffs. “Initial Disclosures” means Defendant’s Initial Disclosures, dated February 28, 2014, which were served upon Plaintiffs. “HVAC Equipment” means the heating, ventilation and air conditioning unit and related equipment, duct work, filters and refrigerant gas for the air conditioning unit, but does not include water heaters, equipment and refrigerant gases for refrigerated vaults and cases, and other equipment used in connection with the sale of inventory from the Plaintiffs’ Stores, individually and/or collectively. “Recommended Vendor” or “Recommended Vendors” are those Bona Fide Suppliers described in Paragraph 15(h) of the Store Franchise Agreement and which are listed on the 7-Eleven Intranet. “Bona Fide Supplier” or “Bon Fide Suppliers” means persons or entities regularly conducting the business of supplying or distributing merchandise, supplies or services to retail businesses and performing all of the functions normally associated with such activities.
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 93 of 123 PageID: 4276 “Security Equipment” means the surveillance and/or security system installed by 7-Eleven and/or its affiliates to conduct surveillance of franchisees, franchisees’ employees and/or franchisees’ customers. This definition shall include, but not be limited to, the following systems: SecureTM, ClickIt and/or APIS. “Operations Manuals” means the support guide containing, among other things, required operating standards and procedures for compliance with the 7-Eleven System and Eleven Image (as those terms are defined in the Store Franchise Agreement). “7-Eleven’s Accounting Department” means the department within Defendant Eleven, Inc. that deals with, or has control over, franchisees’ accounting. “Audits” means a physical count of the Inventory, Receipts, Cash Register Fund, cash, bank drafts, and supplies of items for which Plaintiffs, indivudally and/or collectively, earn a commission, pursuant to 7-Eleven’s normal procedures. “Profit Assurance Team” means the 7-Eleven department and/or team in charge of covert mobile surveillance of franchsiees. Upon information and belief, “Profit Assurance Team” was a term coined by Mark Stinde, a 7-Eleven employee. “Centralized Investigations Team” means the team and/or department within 7- Eleven tasked with investigating franchisee and facilitating the take back of franchisees’ stores (commonly referred to as “Take-Backs.” “Asset Protection/Loss Prevention Department” means the Asset Protection and/or Loss Prevention Department within 7-Eleven tasked with monitoring franchisees for allegations of fraud, misreporting, or any other untort conduct. Upon information and belief, these are company-specific terms.
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 97 of 123 PageID: 4280 Your “control” if You now have or have had the right to secure or obtain the document or a copy thereof on demand from another Person or governmental entity having actual physical possession thereof. “Factual Basis” means all information of any kind of which You are aware whether such information is admissible or inadmissible in evidence. A response setting forth the “Factual Basis” shall include the name and address of any such Persons involved, the identification of any Documents involved, the time and date of the described circumstances, the name and address of any witnesses to the circumstances described, and an exhaustive description of the circumstances and factual aspects of the subject of inquiry. All written statements pertaining to the factual basis as defined in this paragraph must be identified in your response. To “identify,” or “state the identity of” or “to describe” a Person, if that Person is a natural Person, means to state: His or her name and all other names by which he or she is known; His or her present or last known resident address and telephone number; His or her present or last known business address and telephone number; and His or her present or last known occupation, position, and business affiliation. To “identify,” or “state the identity of” or “to describe” a Person, if that Person is not a natural Person, means to: State its full name and specify its nature (e.g., corporation, partnership, limited liability company, etc.); Set forth the general nature of its business (e.g., products manufactured or sold, services rendered, etc.);
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 115 of 123 PageID: 4298 7-ELEVEN, INC. v. KARAMJEET SODHI, et al DESIGNATED REPRESENTATIVE(S) TOPICS OF INQUIRY SCHEDULE “A” Defendants’ Franchise Agreements. Policies, procedures and/or guidelines regarding 7-Eleven’s Retail Information system. Policies, procedures and/or guidelines regarding 7-Eleven’s Point of Sale system. Default and/or deficiency notices, including Letter of Notifications (“LON”) issued to Defendants, individually and/or collectively. Operations and training manuals, policy statements, and directives relating to franchisees in the “Penn/Jersey” Zone. Training of franchisees, Field Consultants, Market Managers, and Zone Leaders from 2008 to present. Policies, procedures and/or guidelines regarding 7-Eleven’s inventory audits of franchised stores. All audits, announced and unannounced, of Defendants’ Stores, including but not limited to, communications with Defendants, employees, and audit procedures from 2008 to present. The Declaration of 7-Eleven employee James Passarella. The Certification of former 7-Eleven employee Kurt McCord. The November 17, 2011 interview with Defendant Karamjit Sodhi. Policies, procedures and/or guidelines regarding 7-Eleven’s Money Order system. Policies, procedures and/or guidelines regarding 7-Eleven’s franchisee employment and labor practices investigations, including but not limited to, any and all investigations initiated against Defendants. Communications and interviews of Defendants’ former employee Amarjit Kaur. The notebooks produced by former employee Amarjit Kaur during the January 26, 2012 meeting with 7-Eleven employee James Passarella. Joseph DePinto’s involvement, if any, in investigations relating to Defendants’ stores. Mark Stinde’s involvement, if any, in investigations relating to Defendants’ stores.