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Home My WebLink About08-0125 YOSEF YARIV, on behalf of himself and all others similarly situated, Plaintiff V. AT&T CORP., SAM'S CLUB EAST, INC., and SAM'S CLUB WEST, INC., VANIA Defendants IN THE COURT OF COMMON PLI CUMBERLAND COUNTY, PENNS CIVIL ACTION - LAW PETITION FOR LETTERS ROGATORY Lee C. Swartz, Esquire, Tucker Arensberg, P.C., requests the Honorable gourt to issue letters rogatory as set forth as follows: 1. The Plaintiff Yosef Yariv has brought a civil action against the abovo-captioned Defendants, AT&T Corp. et al. in the Superior Court of New Jersey, Law Division: Somerset i County, Docket No. SOM-L-272-05. 2. As a result of litigation, the Plaintiff has obtained a Commission on behalf of Lee C. Swartz related to Rite-Aid Corporation, requesting that Rite-Aid Corporation pr documents and submit to a deposition as set forth in the commission attached he 3. Plaintiff requests the Honorable Court to enter an order requiring tl of documents and submission to deposition as set forth in the Commission. Respectfully submitted, TUCKER ARENSBERG, P.C. By. Lee C. Swartz Pa. Bar I.D. No. 07258 111 N. Front St., P.O. Box 88? Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 uce production 107 LAW OFFICES OF STEPHEN TSAI 991 U.S. Highway 22 West - Suite 102 Bridgewater, NJ 08807 (908)927-1000 PAUL S. ROTHSTEIN, ESQ. 626 NE First Street Gainesville, Florida 32601 (352) 376-7650 COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP Park 80 Plaza West One Saddle Brook, New Jersey 07663 (201)845-9600 TRIEF & OLK 9 Kansas Street Hackensack, NJ 07601 Telephone: 201-343-5770 Attorneys for Plaintiff ----------------------------- YOSEF YARIV, on behalf of himself and all others similarly situated, Plaintiff, -vs- AT&T CORP., SAM'S CLUB EAST, INC., and SAM'S CLUB WEST, INC., Defendants. ----------------------------- SUPERIOR COURT OF NEW 'JERSEY :LAW DIVISION:SOMERSETICOUNTY DOCKET NO. SOM-L-272-05 CIVIL ACTION :COMMISSION OF LEE C. SWARTZ RELATED TO :RITE AID CORPORATION THE STATE OF NEW JERSEY UNITED STATES OF AMERICA TO: LEE C. SWARTZ, ESQ. Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 You have been appointed and are hereby authorized to I cause Rite Aid Corporation, with its corporate headquarters located at 30 Hunter Lane, Camp Hill, Pennsylvania organ officer, director, or its designee thereof with relevant i i knowledge of any and all matters related to (a) the creation and sale of AT&T Prepaid Phone Cards that contained an International Conversion Chart, were sold since February 17, 1999, and did not contain an arbitration provision and/or (b) the following: DEFINITIONS As used herein the following terms shall have the following meanings: "AT&T" shall refer to Defendant, AT&T Corp., and its employees, officers, directors, and agents, its parent corporations, subsidiaries, affiliates, predecessors-,-in- interest and/or successors-in-interest, including al? parties acting on its behalf (and/or its parent corporations, subsidiaries, affiliates, predecessors-in- interest and/or successors-in-interest), including, but not limited to, employees, officers, managers, directors associates, consultants, investigators, secretaries, assistants, agents, brokers, auditors, accountants, laims adjusters, or attorneys. "AT&T prepaid phone card" means any prepaid pholpe card sold, marketed, designed, and/or created, in whole or in part, by AT&T that displays or displayed an international conversion chart on its packaging and which did not contain an arbitration provision under the Terms and Conditions. "The Class" shall refer to the class certified in this action, specifically: all persons or entities who purchased within the United States one or more AT&T prepaid phone cards since February 17, 1999, that displayed the international conversion chart and did not contain n arbitration provision under the Terms and Conditions. 2 "Class period" shall mean February 17, 1999 to t e present. "Communication" shall refer to all communication both written and oral, including, letters, memoranda, mails, facsimiles, wire transfers, reports, interview statements, agreements, conversations and consultatic Whenever a request refers to communications with othe such request also refers to communications with all F acting on behalf of that other, including, employees, officers, managers, directors, parent corporations, subsidiaries, affiliates, predecessors-in-interest, successors-in-interest, associates, consultants, investigators, secretaries, assistants, agents, brok( auditors, accountants, claims adjusters, or attorney! "Defendant" means the named defendants in this i and any employee, agent, or attorney for defendants, other person acting for or on behalf of defendant or defendant's authority. It includes each defendant's corporations, subsidiaries, affiliates, predecessors interest, and/or successors-in-interest, including a parties acting on its behalf (and/or its parent corporations, subsidiaries, affiliates, predecessors interest, and/or successors-in-interest), including, not limited to, employees, officers, managers, direc associates, consultants, investigators, secretaries, assistants, agents, brokers, auditors, accountants, adjusters, or attorneys. "Documents" shall include any written, printed, photostatic, photographed, recorded, computer-generE computer-stored, or otherwise maintained or reproduc communication or representation, any data compilatic any form, whether comprised of letters, words, numbE pictures, sounds, bytes, e-mails, electronic signal; impulses, electronic data, active files, deleted fi: file fragments, or any combination thereof includin< memoranda, notes, records, letters, envelopes, tele< messages, studies, analyses, contracts, agreements, projections, estimates, working papers, accounts, analytical records, reports and/or summaries of investigations, opinions or reports of consultants, opinions or reports of experts, opinions or reports accountants, other reports, trade letters, press re comparisons, books, diaries, articles, magazines, e- ns. rs, ersons rs, atter, any with parent in- 1 { in- but kors, (claims typed, ted, ed n in ;rs, ,I or ?es, all rams, of -eases, 3 newspapers, booklets, brochures, pamphlets, circulars bulletins, notices, forecasts, drawings, diagrams, instructions, minutes of meetings or communications o type, including inter- and intra-office communication questionnaires, surveys, charts, graphs, photographs, phonographs, films, tapes, discs, data cells, drums, printouts, all other compiled data which can be obtai (translated, if necessary, through intermediary or of devices into usable forms), documents maintained on, in or generated on any electronic transfer or storage system, any preliminary versions, drafts or revision any of the foregoing, and other writings or document whatever description or kind, whether produced or authorized by or on behalf of you or anyone else, an include all non-identical copies and drafts of any o foregoing now in the possession, custody or control party responding to this request or its attorney(s),i former or present directors, officers, counsel, agen employees, partners, consultants, principals, and/or person(s) acting on the party's behalf. t any s, ned her stored of of shall the f the or the s, any "International conversion chart" means the chart with that description on an AT&T phone card. "Person" means natural and/or governmental entity, partnership, joint venture, organization or association. person, as well as corpo ate proprietorship, companie , and all other forms of "Plaintiff" means the named plaintiff in this matter, and any employee, agent, or attorney for plaintiff a ad any other person acting for, or on behalf of plaintiff, r under plaintiff's authority or control. "Relating to, relate to, referring to, refer to, reflecting, reflect, concerning or concern shall mean evidencing, regarding, concerning, discussing, embodying, describing, summarizing, containing, constituting, showing, mentioning, reflecting, pertaining to, dealing with, relating to, consisting of, being relevant to, referring to in any way or manner, or in any way logically or factually, connecting with the matter described in that paragraph of these demands, including documents attached to or used in the preparation of or concerning the preparation of any document. 4 "Retail Vendor" shall mean Rite Aid Corporation, Eckerd Corporation, Barnes & Noble College Bookstores Company, Barnes & Noble College Booksellers, Inc., Barnes & Noble, Inc., Red Roof Inns, Inc., Best Buy Co., Inc., Best Buy Stores, L.P., Chevron Products Company, and Chevron U.S.A., Inc., Circle K Stores, Inc. and/or their employees, officers, directors, and agents, its parent corporations, subsidiaries, affiliates, predecessors-in-interest a d/or successors-in-interest, including all parties acting on its behalf (and/or its parent corporations, subsidiaries, affiliates, predecessors-in-interest and/or successo s-in- interest), including, but not limited to, employees, officers, managers, directors, associates, consultants, investigators, secretaries, assistants, agents, brokers, auditors, accountants, claims adjusters, or attorney "Version," when referring to an AT&T prepaid calling card, means any card which is not identical to any other such card. Further, each separate printing, issuance or dating of an AT&T prepaid phone card shall be deemed to be a separate version of that card. INTERPRETATIONS Unless otherwise specified, the following rules?of construction shall apply to the requests in These Re uests: The term "any" shall be construed as if followe? by the phrase "one or more." The words "and" and "or" shall be construed conjunctively or disjunctively as necessary to make the request inclusive rather than exclusive. The term "including" shall be construed as if ollowed by the phrase "without limitation." Singular words shall include plural and plural words shall include singular. DOCUMENTS TO BE PRODUCED 1. A copy of each version of any AT&T prepaid phone card sold to or by any Retail Vendor during the Cla s Period along with any documents which accompanied t e 5 version in connection with its sale to (a) the Retail Vendor by AT&T, and/or (b) any member of the Class. 2. Documents sufficient to show the date of ea h printing or distribution of any AT&T prepaid phone ca d sold to or by a Retail Vendor during the Class Period. 3. Documents sufficient to show the date of each change, modification or amendment to the International Conversion Chart (or any other portion that relates to the International Conversion Chart) of any AT&T prepaid hone card sold to or by a Retail Vendor during the Class Period. 4. Documents sufficient to show all changes tt were made to the International Conversion Chart (or other portion that relates to the International Convf Chart) of any AT&T prepaid phone card sold to or by < Retail Vendor during the Class Period. 5. All documents which refer to any change in international calling rate of any AT&T prepaid phone during the Class Period. at ny rsion the card 6. All documents which refer to the reasons for any change to the International Conversion Chart (or any other portion that relates to the International Conversion Chart) of any AT&T prepaid phone card sold to or by a Retai Vendor during the Class Period. 7. Documents sufficient to show the quantity f each version of each of any AT&T prepaid phone card sold to or by each Retail Vendor during the Class Period. 8. All documents used during the Class Period which relate to advertisements, promotional materials, brochures, displays or other similar documents referring to AT&T prepaid phone cards sold to or by any Retail Vendor. 9. All documents which relate to any communications between (a) AT&T and any governmental agency, and/or (b) any Retail Vendor and any governmental agency regar ing the International Conversion Chart (or any portion that relates to the International Conversion Chart) on any AT&T repaid phone card sold to or by any Retail Vendor. 10. All documents which relate to any complai t made by any customer of AT&T or of any Retail Vendor con erning 6 the International Conversion Chart on any AT&T prepai phone card sold to or by any Retail Vendor. 11. All agreements between AT&T and any Retail Vendor for the purchase, sale, supply and/or distribution of AT&T prepaid phone cards which were entered into or which were in effect at any time during the Class Period. 12. All documents which relate to any amendment to, modification of, or change in the terms of any agreement between AT&T and any Retail Vendor for the purchase, sale, supply and/or distribution of AT&T prepaid phone cards at any time during the Class Period. 13. All communications which relate to any of he agreements or any amendment to, modification of or change in the terms of any agreement referred to in numbers 11 and 12 above. 14. All documents which refer to the rates (computed in minutes or otherwise) which AT&T charged for call made from the United States to any foreign country listed in the International Conversion Chart of any AT&T prepaid phone card sold to or by any Retail Vendor during the Clas Period. 15. For each version of the AT&T prepaid phone card, all documents which relate to the wording: (a) of th card and/or (b) of the documents which accompanied the version in connection with its sale to the Retail Vendor and/or any member of the Class. 16. All documents showing the number of minutes a customer would be charged for each minute of calling time if s/he called from the United States to any foreign country listed in the International Conversion Char using an AT&T prepaid phone card sold to or by any Retail Vendor. 17. All documents showing how AT&T determined the number of minutes a customer would be charged if s/he used an AT&T prepaid phone card purchased from any Retail Vendor during the Class Period to call from the United States to any of the foreign countries listed in its International Conversion Charts at all times during the Class Per od. 18. Documents sufficient to identify the pers who determined the number of minutes that a custome (s) using 7 an AT&T prepaid phone card purchased from any Retail Vendor during the Class Period would be charged per minute of calling time if that customer called a foreign country from the United States. 19. All documents which describe or discuss the process used to determine the number of minutes that a customer using an AT&T prepaid phone card purchased from any Retail Vendor during the Class Period would be charged per minute of calling time if that customer called a foreign country from the United States. 20. All documents which describe the method for making any changes to the number of minutes that a customer using an AT&T prepaid phone card purchased from any Retail Vendor during the Class Period would be charged per minute of calling time if that customer called a foreign country from the United States. 21. All documents which refer to the right of T&T to modify the number of minutes that a customer using a AT&T prepaid phone card purchased from any Retail Vendor during the Class Period would be charged per minute of calling time if that customer called a foreign country from he United States. 22. All documents which describe when, why, and how the number of minutes that a customer using an AT&T prepaid phone card purchased from any Retail Vendor during he Class Period would be charged per minute of calling time if that customer called a foreign country from the United States. 23. All documents sufficient to: (a) identify all person(s) who made the decision to change the number of minutes that a customer using an AT&T prepaid phone card purchased from any Retail Vendor during the Class Period would be charged per minute of calling time if that customer called a foreign country from the United S ates; and (b) how that decision was made. 24. All documents sufficient to identify all persons who authorized the decision to change the number of minutes that a customer using an AT&T prepaid phone card purchased from any Retail Vendor during the Class Period would be charged per minute of calling time if that customer called a foreign country from the United States. 8 25. All documents which refer to any communications between AT&T and any Retail Vendor respecting any changes made by AT&T in the number of minutes that a customer using an AT&T prepaid phone card purchased from any Retail Vendor during the Class Period would be charged per minute o calling time if that customer called a foreign countr from the United States. 26. All documents which refer to any change, modification, or amendment being considered and/or discussed to the (A) number of minutes that a customer using an AT&T prepaid phone card purchased during the Class Period would be charged per minute of calling time i that customer called a foreign country from the United States, and/or (B) International Conversion Chart or any information contained therein. 27. All documents which refer to any communications between AT&T and any Retail Vendor respecting the International Conversion Chart or any information contained therein. 28. All documents which refer to any internal communications within any Retail Vendor respecting tie International Conversion Chart or any information co tained therein. 29. All documents that relate to any internal communications within any Retail Vendor respecting any changes in the rates which determined the number of minutes that a customer using an AT&T prepaid phone card purchased from any Retail Vendor during the Class Period woul be charged if that customer called a foreign country f om the United States. 30. All documents which set forth the rates used by AT&T at all times during the Class Period for the charging of calls made from the United States to any foreign country through the use of the AT&T prepaid phone cards sold to or by any Retail Vendor. 31. All documents not otherwise requested her in which explain how AT&T computed the rates on the International Conversion Charts appearing on the AT&T prepaid phone cards sold to or by any Retail Vendor during the Class Period. 9 32. Documents sufficient to show all compensation received and/or booked by any Retail Vendor on the sale or use of each version of the AT&T prepaid phone cards sold to or by any Retail Vendor during the Class Period and how that compensation was computed. 33. Documents sufficient to show: the date(s) on which each version of the AT&T prepaid phone cards sold during the Class Period was distributed to each venue were any Retail Vendor; the date(s) on which available for purchase by consumers at each such venue; the number of cards distributed to each venue; and the number of cards that were purchased at each venue. 34. Documents sufficient to show all sums paid Retail Vendor to AT&T in regards to the sale of AT&T prepaid phone cards and how those sums were computed 35. Documents sufficient to show the number of prepaid phone cards sold during the Class Period whi returned to each venue of any Retail Vendor by a pur by any AT&T 7-h were chaser. 36. Documents sufficient to show, with respect to each foreign country listed on each version of any International Conversion Chart of any AT&T prepaid hone card sold to or by any Retail Vendor during the Class Period: how each foreign country was selected; and he identity of all individuals involved in that selection. 37. Documents sufficient to show how much AT& paid to each provider for services in connection with calls made to any foreign country through use of any of the AT SET prepaid phone cards sold to or by any Retail Vendor during the Class Period. 38. Documents sufficient to show any charge-backs made to and/or refunds paid by AT&T in connection with the sale of any AT&T prepaid phone cards to or by any Retail Vendor during the Class Period. 39. Documents sufficient to show all charge-backs by any Retail Vendor to AT&T. 40. Documents showing the prices charged by any Retail Vendor to customers for purchasing each ver ion of 10 the AT&T phone card sold from February 17, 1999 to th present. 41. Documents sufficient to show the dates documents produced in response to the above requests (nos. 1-40 were created or acquired by any Retail Vendor. to appear before you at such time and place as you sh 11 designate for the purpose of producing certain docume is and examining such a person on his oath as a witness, which examination shall be conducted by Ted Trief or any otner authorized person. WITNESS his Honor Anthony F. Picheca, Jr., Judge of he Superior Court of New Jersey at Somerville, New Jers y this day of ?A0\(e`^"r 200 - IL, - *-Miift Clerk, erior Court of New Jersey lwWAor? Y- Is be to a oulat°OP* O"k ... 11 r 00 f ?? I t 'JAN 0 9 2008,#4 ?- YOSEF YARIV, on behalf of himself and all others similarly situated, Plaintiff V. AT&T CORP., SAM'S CLUB EAST, INC., and SAM'S CLUB WEST, INC., Defendants ORDER OF COURT AND NOW, this YX day of J2hu200 , upon consideration of the Petition for Letters Rogatory, Rite-Aid Corporation is hereby ordered to produce documents and submit to a deposition as set forth in the Commission of Lee C. Swartz related to Rite-Aid Corporation. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. D$- IA5 oivil Ter IK CIVIL ACTION - LAW BY THE COURT: 'k' ---?- J. 981211 ti? C-I IS "t ` W