U.S. District Court, District of Oregon
Subpoena in a Civil Case
Case Number: 1:98CV726
Western District of Michigan
Amway Corporation
v.
The Procter & Gamble Company
and the Procter & Gamble
Distributing Company
TO: Sidney Schwartz
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): See attached exhibit A
Dated 1/27/99
EXHIBIT A
TO THE SUBPOENA FOR PRODUCTION AND COPYING OF DOCUMENTS, ELECTRONIC DATA, BOOKS, AND OTHER TANGIBLE THINGS IN THE POSSESION, CUSTODY OR CONTROL OF SIDNEY SCHWARTZ
DOCUMENTS AND OTHER TANGIBLE THINGS TO BE PRODUCED FOR INSPECTION AND COPYING
INSTRUCTIONS TO THE RECIPIENT OF THIS SUBPOENA:
Amway Corporation believes that you are in the possession, custody and control of documents and other tangible things, including recordings, disks, tapes and other electronic data compilations from which evidence can be obtained, which is relevant to the civil action pursuant to which this subpoena has been issued. ALL DOCUMENT DESTRUCTION OR RETENTION POLICIES AND PRACTICES AND ELECTRONIC FILE DELETION OR DISK MANAGEMENT PRACTICES, POLICIES OR PROTOCOLS (INCLUDING BUT NOT LIMITED TO REFORMATTING OR DEFRAGMENTING PRACTICES) WHICH COULD HAVE THE EFFECT OF ALTERING OR DESTROYING INFORMATION REQUESTED BY THIS SUBPOENA WHICH IS ELECTRONICALLY STORED SHOULD BE SUSPENDED UNTIL YOU ARE EXCUSED FROM THIS SUBPOENA.
Failure without adequate excuse to obey this subpoena may be punished as a contempt of the United States District Court from which this subpoena is issued.
DEFINITIONS:
1. "Documents" includes, but is not limited to, the following materials: any and all papers, documents, correspondence, letters, manuals, computer disks (including floppy diskettes, zip disks, CD-ROMs, and hard drives), backup tapes, data otherwise electronically stored (including archival and backup copies of files containing data, as well as files or parts of files which may have been deleted by the user but which are nevertheless recoverable by any means), other data, photographs, videos, surveys, drawings, films, schematics, other computer generated information, handwritten or typewritten notes, charts, graphs, publications, diagrams, journals, calendars, diaries, logs, log books, messages, reports, or any other papers or writings or communications or summaries thereof.
2. "Amway" refers to Amway Corporation and any of its affiliates.
3. "P&G" refers to The Procter & Gamble Company and The Procter & Gamble Distributing Company and any of their affiliates.
4. "P&G Attorneys" refers to Robert Heuck; Fred Hamilton; any other partners, associates or employees of Dinsmore & Shohl; Stanley Chesiey, Faye Stilt, and any other partners, associates or employees of Waite, Schneider, Bayless & Chesley, LPA; any attorney who is an employee of P&G; and any other person or firm retained by P&G to prosecute or assist in any litigation between P&G and Amway, including non-lawyer consultants or experts.
5. "AUS Web Page" refers to materials posted electronically on the "Amway the Untold Story" web page located at URL:http://www.teleport.com/schwartz and linked pages, including archival or backup copies thereof.
6. "BLC" refers to the listserve or listserves maintained under one or more names which include the formative "blc" (as, for example, blc-l@teleport.com) used to facilitate the exchange of electronic mail messages among Sidney Schwartt and other persons regarding Amway.
7. "STC" refers to the listserve or listserves maintained under one or more names which include the formative "stc" (as, for example, stc-l@teleport.com) used to facilitate the exchange of electronic mail messages among Sidney Schwartz and other persons regarding Amway.
DOCUMENTS REQUESTED:
1. All documents, including electronically stored information and documents in whatever form, received by you from P&G or any P&G attorney regarding Amway or any Amway distributor;
2. All documents, including electronically stored information and documents in whatever form, sent by you to P&G or any P&G Attorneys regarding Amway or any Amway distributor;
3. All documents containing, referring or relating to any discussions or communications between you and P&G or any P&G Attorneys regarding Amway or any Amway distributor, including telephone records, for the past four years;
4. All documents pertaining to the AUS Web Page;
5. All documents reflecting your source of the materials posted on the AUS Web Page regarding Amway;
6. All documents referring or relating to discussions or communications between you and any person subscribing to BLC for the past four years;
All documents referring or relating to discussions or communications between you and any persons subscribing to STC for the past four years;
8. All documents containing electronic mail communications (or any excerpts thereof) authored or received by you during the last four years in which the word "Amway" is mentioned;
9. Checks, check copies, deposit slips and other records reflecting the receipt of money or other funds or credits from P&G or any P&G Attorneys;
10. Records of meetings, telephone conferences and memoranda reflecting meetings or discussions with P&G or any P&G Attorneys;
11. Records of meetings, telephone conferences and memoranda reflecting meetings or discussions with any person subscribing to BLC or STC;
12. All other documents authored or received by you during the last four years regarding Amway or any Amway distributor;
13. All electronically stored files or parts of files containing any of the information requested in any of the preceding items which have been "deleted" by you but which may nevertheless be recoverable by any means;
14. A complete "mirror" copy of each of your disks, tapes or other electronic storage media which contains any of the information requested in the preceding items. Amway will enter into a reasonable protective order to preserve the confidentiality of your information not relevant to this litigation.
IN THE CIRCUIT COURT FOR THE STATE OF OREGON
FOR THE COUNTY OF MULTNOMAH
DON TOUCHTON and SUE ELLEN No. 98-02-00958
TOUCHTON,
SUBPOENA DUCES TECUM
Plaintiff,
AMWAY CORPORATION; DEXTER YAGER,
Individually and dba YAGER
ENTERPRISES, HAL GOOCH AND SUSAN
GOOCH and SAM FLANERY and JACALYN,
Defendants.
TO: SIDNEY SCHWARTZ
IN THE NAME OF THE STATE OF OREGON:
YOU ARE COMMANDED to produce for inspection and copying at Cosgrave, Vergeer & Kester, LLP, Bank of America Financial Center, Suite 1300, 121 S.W. Morrison Street, Portland, OR 97204-3193 on Friday, February 20, 1998 at 10:00 a.m., the items requested in the attached Exhibit A.
IN LIEU OF APPEARANCE you may send the records to Kathleen J. Hansa, Attorney, Cosgrave, Vergeer & Kester, LLP, 1300 Bank of America Financial Center, 121 S.W. Morrison, Portland, OR 97204, for receipt on or before February 23, 1998.
Dated: February 9, 1998.
EXHIBIT A
TO THE SUBPOENA FOR PRODUCTION INSPECTION AND COPYING OF BOOKS, DOCUMENTS, ELECTRONIC DATA, AND OTHER TANGIBLE THINGS IN THE POSSESSION, CUSTODY OR CONTROL OF SIDNEY SCHWARTZ
DOCUMENTS AND OTHER TANGIBLE THINGS TO BE PRODUCED FOR INSPECTION AND COPYING
DEFINITIONS:
1. "Documents" includes, but is not Limited to, the following materials: any and all papers, documents, correspondence, letters, manuals, computer disks, data, photographs, videos, surveys, drawings, films, schematics, computer generated information, handwritten or typewritten notes, charts, graphs, publications, diagrams, journals, calendaru, diaries, logs, log books, messages, reports, or any other papers or writings or communications or summaries thereof.
2. "AUS web page", as used in this discovery request, refers to materials posted electronically on the "Amway the Untold Story" web page located at URL:http:/hvww/teIeport.com/schwartz and linked pages, including archival or backup copies of the above information.
3. "Touchton", as used in this discovery request, refers to Don or Sue Ellen "Touchton" or any of their attorneys, investigators, representatives and agents.
DOCUMENTS REQUESTED:
1. all documents, including electronically stored information and documents, in whatever form, received from "Touchton" regarding Amway or any Amway distributor;
2. all documents, including electronically stored information and documents, in whatever form, sent to or provided by you to "Touchton" regarding Amway or any Amway distributor,
3. all documents containing referring or relating to discussions or communications between yourself and "Touchton", including telephone records for the past two years;
4. all documents reflecting your source of the materials posted on the AUS web page relation to litigation between "Touchton" and Amway;
5. all electronically stored e-mail which has been sent to or received from "Touchton" since January 1994;
6. checks, check copies, deposit slips and other records, accounts and ledgers reflecting the receipt of money or other funds or credits fiom "Touchton";
7. records of meetings, telephone conferences and memoranda renecting meetings and/or discussions with "Touchton";
8. any disk or other media containing the downloaded contents of your computer hard drive, including the copy currently possessed by Electronic Evidence Discovery, 1215 4th Avenue, Suite 1420, Seattle, Washington 98161.
COSGRAVE, VERGEER & KESTER, LLP
ATTORNEYS AT LAW
Kenneth J. Abere, Jr.
May 7, 1998
Mr. Sidney Schwarz
Re: Touchton v. Amway Corporation
Multnomah County Circuit Court Case No. 98-02-00958
Our File No.: 98-02-17
Computer No.: 2248-1
Dear Mr. Schwartz:
Enclosed please find a copy of our proposed amended order which reflects the court's ruling of the hearing held on April 16, 1998. We intend to file this order on Tuesday, May 12, 1998 unless you advise us that you have an objection.
Although the court has already signed our original order, we felt we needed to clarify certain items in the original order.
Please call me if you have any questions.
Very truly yours,
COSGRAVE, VERGEER & KESTER, LLP
Kenneth J. Abere, Jr.
IN THE CIRCUIT COURT FOR THE STATE OF OREGON
FOR THE COUNTY OF MULTNOMAH
DON TOUCHTON and SUE ELLEN No. 98-02-00958
TOUCHTON,
Plaintiffs, DEFENDANT'S AMENDED ORDER
AMWAY CORPORATION; DEXTER YAKER,
Individually and dba YAGER
ENTERPRISES; HAL GOOCH and SUSAN
GOOCH and SAM FLANERY and JACALYN
FLANNERY,
Defendants.
Sidney Schwartz's Motion to Quash Subpoena directed to Sidney Schwartz was heard on April 16, 1998. Sidney Schwartz appeared in his own behalf and Kenneth J. Abere Jr. and J.A. Cragwall, Jr. appeared for defendant Amway Corporation. The court reviewed memoranda submitted by the parties and considered oral argument by Mr. Schwartz and Amway's attorneys. Based on
what the court reviewed and considered, it is ORDERED that Mr. Schwartz's Motion to Quash Subpoena directed to Sidney Schwartz is DENIED and Amway is allowed to proceed with the discovery of Mr. Schwartz's computer hard drive as follows:
1. Electronic Evidence Detection, Inc. ("EED"), of Seattle will image Mr. Schwartz's current hard drive contents.
2. EED will perform a Boolean search of the images of the current hard drive and of the hard drive as previously subpoenaed.
3. EED will produce to Amway's attorneys on the "eyes only" basis computer records of each file containing the terms "Amway", "Touchton", "Van Atter", "Yager", "Gooch", Or "Flanery" (all either parties or material witnesses in Touchton case) and "E.L. Clark Speese" (Touchton's attorney).
4. Amway's attorneys will notify Mr. Schwartz of each document so identified which they believe is relevant to the Touchton case, and which should be released from the "eyes-only" restriction and therefore used in the Touchton case.
5. Mr. Schwartz will have the opportunity to raise any objections he sees fit.
6. Any objections which cannot be resolved between Amway and Mr. Schwartz will be submitted to the Court.
7. All computer records produced by EED to Amway's attorneys will remain at the office of Cosgrave, Vergeer and Kester, LLP in Portland, Oregon and will not be copied without prior approval of the court.
8. Some or all of the following Amway attorneys may review the computer records produced by EED:
1. Kenneth J. Abere, Jr.
2. J.A. Cragwall
3. Sharon D. Grider
4. James R. Sobieraj
5. Kenan Loomis
6. Michael Mohr
7. Timothy Delaney
8. Norbert Kugele
DATED this
day of May, 1998.
William C. Snouffer Circuit Court Judge
SUBMITTED BY:
Kenneth J. Abere Jr., OSB# 94234
Of Attorneys for Defendant Amway
U.S. District Court, District of Oregon
Subpoena in a Civil Case
Case Number: 95-CV-0094W
Court for the District of Utah
Central Division
The Procter & Gamble Company, et al.,
Plaintiffs,
v.
Randy L. Haugen, et al.,
Defendants.
TO: Sidney Schwartz
YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
Dated 4/1/97
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
PROCTER & GAMBLE et al., Case No. 95-CV-0094 W
Plaintiffs, Honorable David Sam
vs. Magistrate Judge Boyce
RANDY L. HAUGEN et al.,
NOTICE OF SUBPOENA AND
Defendants. DEPOSITION OF SIDNEY SCHWARTZ
To: All Parties and their Counsel of Record
Pursuant to Rules 30, 34 and 45 of the Federal Rules of Civil Procedure, Amway
Corporation is serving the attached subpoena upon Sidney Schwartz, commanding him to appear for deposition and to produce for inspection and copying designated documents and other tangible things in his possession, custody or control, as set forth in Exhibit A to the subpoena. The deposition is noticed to begin at 9:00 a.m. April 17, 1997 and to continue thereafter day to day until completed at the offices of Kolisch, Hartwell, Dickinson, McCormack & Heuser, 520 S.W. Yamhill, Portland, Oregon 97204, before an officer authorized to administer oaths, and shall be recorded by stenographic means. You are invited to attend and examine the witness.
Dated: April 1, 1997
EXHIBIT A
TO THE SUBPOENA FOR PRODUCTION, INSPECTION AND COPYING OF BOOKS, DOCUMENTS, ELECTRONIC DATA, AND OTHER TANGIBLE THINGS IN THE POSSESSION, CUSTODY OR CONTROL OF SIDNEY SCHWARTZ
DOCUMENTS AND OTHER TANGIBLE THINGS TO BE PRODUCED FOR INSPECTION AND COPYING
DEFINITIONS:
1. "Documents" includes, but is not limited to, the following materials: any and all papers, documents, correspondence, letters, manuals, computer disks, data, photographs, videos, surveys, drawings, films, schematics, computer generated information, handwritten or typewritten notes, charts, graphs, publications, diagrams, journals, calendars, diaries, logs, log books, messages, reports, or any other papers or writings or communications or summaries thereof.
2. "AUS web page," as used in this discovery request, refers to materials posted electronically on the "Amway the Untold Story" web page located at URL: http://www/teleport.com/schwartz and linked pages, including archival or backup copies of the above information.
3. PROCTER & GAMBLE, as used in this discovery request, refers to the Procter & Gamble Corporation, its subsidiaries, employees, attorneys, investigators and agents.
DOCUMENTS REQUESTED:
1. all documents, including electronically stored information and documents, in whatever form, received from Procter & Gamble regarding Amway or any Amway distributor;
2. all documents, including electronically stored information and documents, in whatever form, sent to or provided by you to Procter & Gamble regarding Amway or any Amway distributor;
3. all documents containing, referring or relating to discussions or
communications between yourself and Procter & Gamble, including telephone records for the past two years;
4. all documents reflecting your source of the materials posted on the AUS web page relating to litigation between Procter & Gamble and Amway;
5. all electronically stored e-mail which has been sent to or received from Procter & Gamble since January 1994;
6. checks, check copies, deposit slips, and other records, accounts and ledgers reflecting the receipt of money or other funds or credits from Procter & Gamble;
7. records of meetings, telephone conferences and memoranda reflecting meetings and/or discussions with Procter & Gamble;
8. all documents, including electronically stored information and documents, in whatever form, received from Brad and Vera Doyle, Bernie and Kathy Marble, Tom and Lorre Hansen, and Paul Zane Filter;
9. all documents, including electronically stored information and documents, in whatever form, received from Diamond Quest Links;
10. a copy of each different version of the AUS web page from its inception and as modified thereafter to date;
11. all documents referring or relating to Amway's alleged ability to supervise and control the conduct of Amway distributors.
[Revised subpoena, dated 7/18/97]
EXHIBIT A
TO THE SUBPOENA FOR PRODUCTION, INSPECTION AND COPYING OF BOOKS, DOCUMENTS, ELECTRONIC DATA, AND OTHER TANGIBLE THINGS IN THE POSSESSION, CUSTODY OR CONTROL OF SIDNEY SCHWARTZ
DOCUMENTS AND OTHER TANGIBLE THINGS TO BE PRODUCED FOR INSPECTION AND COPYING
DEFINITIONS:
1. "Documents" includes, but is not limited to, the following materials: any and all papers, documents, correspondence, letters, manuals, computer disks, data, photographs, videos, surveys, drawings, films, schematics, computer generated information, handwritten or typewritten notes, charts, graphs, publications, diagrams, journals, calendars, diaries, logs, lag books, messages, reports, or any other papers or writings or communications or summaries thereof.
2. "AUS web page," as used in this discovery request, refers to materials posted electronically on the "Amway the Untold Story" web page located at URL:http://www.teleport.com/schwartz and linked pages, including archival or backup copies of the above information.
3. PROCTER 8 GAMBLE, as used in this discovery request, refers to the Procter & Gamble Corporation, its subsidiaries, employees, attomeys, investigators and agents.
DOCUMENTS REQUESTED:
1. all documents, including electronically stored information and documents, in whatever form, received from Procter & Gamble regarding Amway or any Amway distributor;
2. all documents, including electronically stored information and documents, in whatever form, sent to or provided by you to Procter g Gamble regarding Amway or any Amway distributor;
3. all documents containing, referring or relating to discussions or Procter & Gamble, including communications between yourself and telephone records for the past two years;
4. all electronically stored e-mail which has been sent to or received from Procter & Gamble since January 1994;
5. checks, check copies, deposit slips, and other records, accounts and ledgers reflecting the receipt of money or other funds or credits from Procter & Gamble;
6. records of meetings, telephone conferences and memoranda reflecting meetings and/or discussions with Procter & Gamble;
7. all documents posted on the AUS web page or any other web page by Sidney Schwartz since August 28, 1995.