62.1 Apendix - Exhibit a Response to Discovery Requests

8/13/2019 62.1 Apendix - Exhibit a Response to Discovery Requests

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Exhibit

Case 2:09-cv-00966-DB Document 62-1 Filed 05/20/13 Page 1 of 9


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Adrew H, Stone (#4921)Adrew G, Deiss (#7184)Billie J. SiddowaY (#9710)JONES WALDO HOLBROOK & MoDONOUGH PC170 South Main Street, Suite 1500Salt Lake CitY, UT 84101Telephone: (S01) 52 l-3200Facsimile: (801) 328-0537Attorneysfor Marlin Gale, Laurie Gale and Gale Services, P'C'

IN TIIETINITED STATES DISTRICT COURTFOR THE DISTRICT OF UTAH, CENTRAL DIVISION

MASTERFILE CORPORATION,Plainitft

vs.

DEFENDANTS' REPONSES TOMASTERFILE CORP ORTION' SF'IRST SET OF' DISCOVERYREQUESTSMARTIN GALE, d/b/aT}IE GALETEAM; LAURIE GALE, d/b/aTHEGALE TBAM;and GALE SERVICES,P.C., dlblaTHE GALE TEAM,

Case No. 2:09-CV-00966Judge Dee Benson

Defendants.

Defendants Martin Gale, dlblaThe Gale Team; Laurie Gale, dlbla The Gale Team; andGale Services, P.C., d/b/a The Gale Team ( The Gale Team ), by and through its altorneys ofrecord, hereby responds to the request for admissions and request for documents portions ofMasterfilc Corporation's ( Masterfite ) First Set of Discovery Requests as follows:

GENER,L OBJECTIONSl. The Gale Team objeots to Masterfile's disoovery requests to the extent that they

impose a burden or obligation upon them not required by the Federal Rules of CivilProcedure.

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2. The Gale Team objects to Masterfile s discovery requests to the extent that theyseek information protected against disclosure by the attorney/olient privilege, the work productdoctrine, or any other privilege or confidentialify provided for by law. The Gale Team construeseach discovery request not to seek any such objectionable infonnation.

3. The Ga[e Team objects to Masterfile s disoovery requests to the extent that theyask for information that is outside of the possession or control of The Gale Team, that is inMasterfile s possession, that is substantially as easily available to Masterfile as to The GaleTeam, that is publioly avaitable, or that is otherwise available to Masterfile Corporation

4. The Gale Team objects to Masterfile s discovery requests to the extent that theyare overly broad, unduty burdensome, or not reasonably calculated to lead to the discovery ofadmissible evidence.

5. The Gale Team objects to Masterfile s discovety requests to the extent that theycall for speculation,6. The Gale Team specifically reserves the right to introduce at trial all evidenceincluding evidenoe which is presently known to them but not deemed material or not known tothem, and/or which is discovered subsequent to the date of these Responses, and reserves theright to amend these Responses without motion at any time, All of the Responses containedherein are based only on the information and documents presently available to The Gale Team atthis stage in the litigation and discovery prooess. The Gale Team anticipates that fi:rtherdiscovery, independent investigation, legat research and analysis will supply additional facts, addmeaning to known faots, and establish additional and different factual and legal conclusions, all

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of which may lead to additions to, changes in, and/ot variations from the statements set forthbelow.

Eaoh ofthe foregoing general objeotions is incorporated into each response below.FrRST SET OF REOII.ESTS FOR ADMISSION

REOUEST NO' 1: Admitthat YOU own the WEBSITE'RESPONSE: Defendants object to this Request to the extent that the term own is

ambiguous. Defendants further object to this Request to the extent that it is not limited byduration, Defendants admit that Gale Services P,C. caused the domain www.galeteam.com to beregistered, and that Gale Services P.C. causes the website at the domain www'galeteam.com tobe live and maintained. Except as expressly admitted herein, Defendants deny the allegations ofRequestNo. l.

REOUEST NO. 2: Admit that You or YouR AGENT designed the'WEBSITE'RESPONSE: DenY,REQUEST NO. 3: Admit that YOU have the abilily to control the content,

INCLUDING the images, used on the'WEBSITE.BESPONSE: Defendants object to this Request to the extent it assumes faots not in

evidence. Defendants flrther object to this Request to the extent that it is not limited byduration. Subject to and without waiving the foregoing objections, Defendants answer that theydo not have the ability control the content of the Real Estate Power Tools presentation'Defendants admit that they generally have the ability to control the content of the website,subject to the limitations imposed by Real Estate Power Tools and other limitations' Except asexpress[y admitted herein, Defendants deny the allegations of Request No' 3'

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REOIIEST NO. 4: Admit that You did not enter into a written design agreement witltanyPERSON to design YOUR WEBSITE.

RESPONSE: Defendants object to this Request to the extent it assumes facts not inevidence, Defendants object to this Request to the extent that the terms design agreernent and,,to design', are ambiguous. Defendants further objeot to this Request to the extent that it is notlimited by duration. Subjeot to and without waiving the foregoing, Defendants answer that theydid not entsr into a written design agreement to commission the design of content of the RealEstate Power Tools presentation. Except as expressly admitted herein, Defendants deny theallegations of Request No' 4.

REOp.EST NO.5; AdmitthatMasterfile owns the copyrights in the IMAGES.RqSIONSE: Defendants object to this Request to the extent that it seeks information

which is not in Defendants' possession or control. After making a reasonable inquiry,Defendants lack sufficient lcnowledge or information to admit or deny the allegations of RequestNo. 5. Except as expressty admitted herein, Defendants deny the allegations of Request No. 5'

B4OITEST NO. 6: Admit that the IMAGES have appeared on YouR WEBSITE.RESPONSE: Afrer making a reasonable inquiry, Defendants lack sufficient knowledge

or information to more fully admit or deny the altegations of Request No. 6. Bxcept as expresslyadmitted herein, Defondants deny the allegations of Request No' 6.

REOUEST NO, 7: Admit that YOU did not have a lioense from Masterfile to use theIMAGES.

RESIOISE: Defendants object to this Request to the extent the term YOU has beendefined to include persons who have infornation which is not in Defendants' possession or

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control. Subject to and without waiving the foregoing objeotons, Defendants answer thatDefendants have not entered a licensing agreement with Masterfle to use the IMAGES. Exceptas expressly admitted herein, Defendants deny the allegations of Request No' 7.

REOUEqT NO. S: Admit that the PERSON who designed YOUR WEBSITE did notobtain a license(s) from Masterfileto use the IMAGES'

RESPONSD: Defendants objeot to this Request to the extent that it seeks informationwhioh is not in Defendants' possession or control, AftEr making a reasonable inquiry,Defendants lack sufficient knowledge or information to admit or deny the allegations of RequestNo. B. Except as expressly admittsd herein, Defendants deny the allegations of Roquest No' 8,

REOUEST NO. 9: Admit that, before the IMAGES appeared on YOUR WEBSITE,YOU did not request documentation from the PBRSON who designed YOUR WEBSITEconfirming that YOU had a license(s) to use the IMAGES on YOUR WEBSITE.

RESPONSE: Defendants object to this Request to the extent that it assumes facts not inevidence. In addition, Defendants object to this Request to the extent the term rrYOU has beendefined to include persons who have information which is not in Defendants' possession orcontrol. Defendants frrther object to this Request to the extent the term '?ERSON whodesigned YOUR WEBSITE is ambiguous. Subjeot to and without waiving the foregoingobjections, Defendants incorporate their response to Request No. 4 and ans\ryer that they did nothire a person to design the content of the Real Estate Power Tools software. Except as expresslyadmitted herein, Defendants deny the allegations of Request No. 7'

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F'nsT sET OF REQUESTS FOR PRODUCTION OF UOCUVTENTSBpOUEST NO. 1: Produce all DOCUMBNTS supporting YOUR claim that YOU did

not infringe Masterfile's copyright in the IMAGES.RESPONSE: Defendants object to this request to the extent the term YOU is defined

to include persons who are not within Defendants' control. Subject to and without waiving theforegoing objections, Defendants will provide all properly discoverable responsive documents intheir possession and oontrol at a mutually convenient time and location.

REOUE-ST NO. 2: Produce all DOCIIMENTS supporting YOUR claim that YOU had alicense to use the IMAGES, as stated in Paragraph 8 ofthe Affrrmative Defenses section inYOUR ANSWER.

RESPONSE: Subject to and without waiving their general objections, above,Defendants will provide all properly discoverable responsive documents in their possession andcontrol at a mutually convenient time and location.

RLQIIBST-1.'{O.,1: Produce all DOCUMENTS relating to the design agreement for theWEBSITE that YOU referenced in YOUR Amended Initial Disclosures'

RFSPONSE: Defendants object to this Request to the extent it expresses or implies thatDefendants entered a design agreement, Subject to and without waiving the foregoingobjections, Defendants respond that they do not have any doouments in their possession orcontrol responsive to this request.

REQUEST NO. 4: Produce aIIDOCUMENTS BVIDENCINGYOURCOMMLTNICATIONS with representatives of RealEstate Power Tools,Ino. relatingto theWEBSITE and/or the IMAGES.

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RESPONSE: Subject to and without waiving their general objections, above,Defendants will provide all properly discoverable responsive documents in their possession andcontrol at a mutually convenient time and looation.

DATED this lgth daY of APril,2010.JONES WALDO HOLBROOK MoDONOUGH PC

/.q/ Biltie SiddowavBy: Andrew G. DeissBillie J. SiddowayAttorneysr Plalntiff

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CERTIFTCATE OF SERVIC4The undersigned hereby certifies that on the 19th day ofApril 2010 atrue and correot

copy of the foregoing was oause to be delivered by electronio mail to the following:Wesley D. FelixNicole A. SkoloutHOWREY LLP170 South Main Street Suite 400Salt Lake City Utah 84101

/s/ Billie J. Sildnrxev

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Documents

62.1 Apendix - Exhibit a Response to Discovery Requests