Preview
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
MEYERS FRIED-GRODIN, LLP
Empire State Building
350 Fifth Avenue, 59th Floor
New York, NY 10118
Phone: (646) 596-1292
E-mail: JMeyers@MfgLegal.com
Attorneys for Plaintiff Robert Harris
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------------X
ROBERT HARRIS,
Plaintiff,
Index No. 650175/2017
vs.
INTIMO, INC., NATHAN NATHAN PLAINTIFF’S FIRST SET OF
individually, TOMMY NATHAN, individually, INTERROGATORIES
MORIS ZILKHA, individually, PRESTIGE DIRECTED TO
EMPLOYEE ADMINISTRATORS, INC. PRESTIGE EMPLOYEE
a/k/a PRESTIGE EMPLOYEE ADMINISTRATORS II, INC.
ADMINISTRATORS, PRESTIGE EMPLOYEE
ADMINISTRATORS II, INC. a/k/a PRESTIGE
EMPLOYEE ADMINISTRATORS and JOHN
DOES 1-10, and ABC CORPS. 1-8,
fictitious names for persons or entities whose
present roles and identities are unknown,
Defendants.
--------------------------------------------------------------------------X
TO:
David B. Lichtenberg, Esq.
Eric T. Baginski, Esq.
Fisher & Phillips LLP
430 Mountain Avenue, Suite 303
Murray Hill, NJ 07974
(dlichtenberg@fisherphillips.com)
(ebaginski@fisherphillips.com)
Attorneys for the Prestige Defendants
-1-
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
COUNSEL:
PLEASE TAKE NOTICE that Plaintiff Robert Harris (“Mr. Harris” or “Plaintiff”)
hereby requests answers under oath from Defendant to the following interrogatories within
twenty (20) days after service of them, pursuant to CPLR § 3102(a) and R 3133.
MEYERS FRIED-GRODIN LLP
Attorneys for Plaintiff Robert Harris
By:_______________________________
Dated: October 30, 2019 Jonathan Meyers, Esq.
Meyers Fried-Grodin, LLP
Empire State Building
350 Fifth Avenue, 59th Floor
New York, NY 10118
Phone (646) 596-1292
E-mail: JMeyers@MfgLegal.com
-2-
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
DEFINITIONS
The definitions of terms set forth herein shall apply to Plaintiff’s Interrogatories directed
to you and to any other discovery requests that Plaintiff serves on you.
1. The term “communication” is defined as the transmittal of information, whether
written or verbal, in the form of facts, ideas, inquiries or otherwise.
2. The term “document” includes all written, typed, printed, recorded or graphic
statements, communications or other matters, however produced or reproduced, including, but
not limited to, all letters, memoranda, notes, e-mails, computer records, telegrams, telexes, faxes,
cables, telephone records, records, bills, invoices, ledgers, journals, bulletins, directives,
instructions, reports, memoranda of conversations, diaries, affidavits, briefs, pleadings, decrees,
transcriptions, summaries, computer records, recordings, diagrams, charts, drawings, graphs and
other writings. All originals, copies, drafts and non-identical copies in the possession, custody or
control of defendants or defendants’ representatives shall be treated as separate documents.
3. A document is within the “possession, custody or control” of defendants or
defendants’ representatives, if defendants or defendants’ representative has the right to secure the
document or a copy thereof from another person or entity having actual physical possession
thereof.
4. The term “person” is defined as any natural person or any business, corporation,
firm, partnership, proprietorship, joint venture, board, authority, commission, legal or
government entity or other association.
5. The term “personnel file” or “personnel files” refers to any files designated as
being a personnel file and/or any documents or collection of documents regarding the hiring,
employment, and/or termination employees of either or bother of the defendants (including but
-3-
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
not limited to information regarding each such employee’s job application, resume, performance
history, evaluations, disciplinary history, attendance, history of promotions, history of
compensation, and the like).
6. “Identify”, “identification” and “identity” as used herein mean:
(a) with respect to a document:
(i) the type of document, whether a letter memorandum,
report, agreement, recording, notation, etc.;
(ii) any caption, heading and/or date shown on the face of the
document;
(iii) the identity of each individual who originated, initialed,
signed, authorized, prepared or received (and if the same
was done on behalf of any person, the identity of each such
person), or is in any way referred to in the document;
(iv) the number of pages if written or the approximate size or
length if recorded; and
(v) the general subject matter of the document.
(b) with respect to a natural person, his or her:
(i) full name;
(ii) occupation and employer, if any;
(iii) gender
(iv) business and home address; and
(v) business and home telephone number and e-mail address.
(c) with respect to an entity:
-4-
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
(i) its full name;
(ii) the jurisdiction under whose laws it was organized;
(iii) its principal office address and telephone number; and
(iv) its principal officer or member known to you.
(d) with respect to an oral communication:
(i) the date and time it occurred;
(ii) the place where it occurred;
(iii) the complete substance of the communication;
(iv) the identity of each person:
(1) to whom such communication was made;
(2) by whom such communication was made;
(3) who was present when such communication was
made.
(v) if by telephone:
(1) the identity of each person:
(a) who made each telephone call;
(b) who participated in each call;
(2) the place where each person participating in each
call was located.
(vi) the identity of all documents memorializing referring,
pertaining or relating in any way to the subject of the
communication.
-5-
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
7. The term “concerning” is defined as relating to, referring to, pertaining to,
alluding to, describing, detailing, embodying, evidencing, reflecting, comprising or constituting,
whether directly or indirectly, the subject matter identified in a specific interrogatory or
document request.
8. The terms “all” and “each” should be construed as all and each.
9. The terms “and” and “or” should be construed either disjunctively or
consecutively, as necessary to bring within the scope of each discovery request all responses or
documents which might otherwise be construed to be outside of its scope.
10. The use of the singular form of a word should be construed to include the plural
form and vice versa.
11. The use of the past tense form of a word should be construed to include the
present tense form and vice versa.
12. The term “Defendant,” “Defendants” or “you” refers to the party to whom these
discovery demands are directed, as well as that party’s employees, owners, agents, counsel,
contractors or servants of any kind, and any consultants, experts, investigators, agents,
representatives, or other persons acting on that party’s behalf.
13. The term “Prestige” refers collectively to Prestige Employee Administrators, Inc.
and Prestige Employee Administrators II, Inc. and their subsidiaries, affiliates, predecessor
entities; their employees, owners, agents, counsel, contractors or servants of any kind; and any
consultants, experts, investigators, agents, representatives, or other persons acting on their
behalf.
-6-
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
14. The term “you” refers to party responding to this discovery demand and any
consultants, experts, investigators, counsel, agents, representatives, or other persons acting on
their behalf.
15. The term “Plaintiff” refers to Robert Harris.
16. The term “Complaint” refers to the Complaint (and any subsequently-filed
complaint) that Plaintiff filed in this action, bearing Index No. 650175/2017.
17. The term “Answer” refers to the answer (and any other pleadings, e.g.
counterclaims) filed by Defendants in this action. The term “Answer” also refers to any Answers
that any of the Defendants may file at any point in the future.
18. The term “lawsuit” refers to the instant litigation between Plaintiff and
Defendants, bearing Index No. 650175/2017.
INSTRUCTIONS
A. You are to furnish all information available to or in the possession, custody, or
control of you, your agents, employees, and/or attorneys in answering the following
Interrogatories. You are to designate which of such information is within your personal
knowledge and, as to that information, you are to state the name and address of every person
from whom it was received, or if the source of the information is documentary, a full description
of the document including its location. Please refer to the definitions section in responding to
each Interrogatory so your answers will be fully responsive.
B. In answering these Interrogatories, furnish all information that is known to or in
the possession, custody or control of you, your employees, representatives, attorneys, servants
and/or agents. If any of these Interrogatories cannot be answered in full, answer them to the
-7-
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
fullest extent possible, indicate the reasons for your inability to answer the remainder, and state
fully the information, knowledge or belief you now have or which is in your possession, custody
or control concerning the answered portions.
C. Each Interrogatory shall be construed as referring to information now within the
knowledge, possession, custody, or control of you, your agents, employees, servants, and/or
representatives, as well as any information, knowledge, data, document or communication that
subsequently is obtained, discovered, or comes into the possession, custody or control of you,
your agents, employees, servants and/or representatives, that demonstrates that any answer
originally provided in response to these Interrogatories was either incorrect or incomplete. Such
supplemental information is to be promptly supplied to the party propounding these
Interrogatories with a designation as to which interrogatory(ies) it is responsive.
D. If any document forms a part of or the entire basis for any response to these
Interrogatories, or refers, relates, pertains to or reflects a part of or the entire basis for any
response to these Interrogatories, attach a copy of said document to your response or provide the
name and address of each person from whom the document may be obtained or copied.
E. If any document which forms a part of or the entire basis for any response to these
Interrogatories, or refers, relates, pertains to or reflects a part of or the entire basis for any
response to these Interrogatories, has been destroyed, set forth when itwas destroyed, identify
each person who destroyed it and/or who was wholly or partially responsible for its destruction,
and identify each person who directed that it be destroyed. In addition, indicate the reasons for
each document's destruction; describe the nature of the document; identify the date of the
document and set forth in as much detail as possible the contents of the document.
-8-
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
F. Upon submission of any document applicable to these Interrogatories to the party
propounding them, indicate on the first page of the document each Interrogatory number to
which the document is supplied as either an answer, a part of an answer or a supplement to any
answer.
G. If you do not answer any Interrogatory because you claim the information is
privileged, state the privilege claimed, set forth the facts relied upon to support your claim of
privilege, and identify each document, communication and/or oral communication on which you
base your claim of privilege.
H. These interrogatories are directed to Defendants and each of Defendants’, agents,
servants, assigns, representatives, past and present, and unless privilege is claimed, each and every
attorney and accountant, past and present, of each and every such entity or individual.
INTERROGATORIES
1. State the full name, present address, date of birth, and social security number of
the person or persons who are answering these interrogatories.
2. Is or was there in effect any policy of insurance through which any of the
Defendants in this case were or might be insured in any manner for the damages, claims or
actions asserted by Plaintiff in the complaint filed in the within action? If your answer is
affirmative, describe each such policy, by giving the name, address and phone number of the
insurer; the policy number; the limits of coverage for each type of coverage contained in the
policy; whether any reservation of rights or controversy or coverage dispute exists between
defendant and the insurer; and the name, address and telephone number of the custodian of the
policy.
3. State whether you have compiled any statistical evidence related to this action.
-9-
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
4. If the answer to the preceding interrogatory is in the affirmative, state:
(a) the identity of all statistical information, which you have compiled;
(b) the source of each such item of statistical information;
(c) the identity of the witness, who will present such statistical information;
(d) the identity of each document in which such statistical information
appears, attaching a copy to your answers to these interrogatories;
(e) the identity of each document containing facts, which form the basis of
this statistical information, attaching a copy of each supporting document
to your answers to these interrogatories.
5. Identify all persons having knowledge of facts relevant to the subject matter of
this litigation.
6. Describe in detail the knowledge held by each person identified in Interrogatory
no. 5.
7. Identify each expert whom you have retained, at any time and for any purpose,
relating to this action.
8. As to each person named in the answer to the preceding interrogatory, state the
subject matter on which each such person is expected to testify.
9. As to each person named in the answer to interrogatory 7, state the substance of
the facts and opinions to which the expert is expected to testify and a summary of the grounds for
each opinion.
- 10 -
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
10. As to each person named in the answer to interrogatory 7, set forth the full and
detailed qualifications, training, professional and practical experience, education, and degree
obtained by such person. As to each item listed in the answer to this interrogatory, set forth the
dates and/or years of same, as well as the names and addresses of each institution attended;
furthermore, set forth the nature of each place at which experience or training was received.
11. Identify all articles, treatises, or writings of any nature authored by each of the
experts identified in the answer to interrogatory 7, referring or relating to the subject matter of
such person's proposed testimony, or any report relating or referring in any manner to:
(a) the within litigation; and
(b) any other matter, even if not related to this litigation.
12. As to each person named in the answer to interrogatory 7, describe fully:
(a) each lawsuit, administrative proceeding, arbitration proceeding, or other
judicial or quasi-judicial proceeding before any governmental agency, any
administrative agency, or any court in which such person has given any
testimony, by deposition or in person, and set forth the names of the
parties to each such case or other proceeding, the court or other agency or
body involved, the docket number, and the dates of the testimony by such
person; and
(b) each lawsuit, administrative proceeding, arbitration proceeding, or other
judicial or quasi-judicial proceeding before any governmental agency, any
administrative agency, or any court in which such person has been
employed to assist in the preparation of the prosecution or defense, and set
forth the names of the parties to each such case or other proceeding, the
court or other agency or body involved, and the docket number.
13. Identify each person who investigated the subject matter of this litigation for you
or your attorneys or on your or their behalf.
- 11 -
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
14. If you or the persons named in response to the preceding interrogatory, or anyone
else, have taken or obtained statements from any person regarding this matter, state:
(a) the identity of the person from whom a statement has been taken;
(b) when and where the statement was taken;
(c) the type of statement taken, whether written, recorded or oral;
(d) the identity of the investigator who took the statement; and
(e) the purpose of making the statement, and attach a copy of each such
statement to your answers to these interrogatories.
15. State whether any persons other than those identified in the interrogatories 13 and
14 have taken or made statements concerning this matter, and if so, state:
(a) the identity of the person taking each such statement;
(b) the identity of the person making each such statement;
(c) when and where each such statement was taken;
(d) the type of statement taken, whether written, recorded or oral; and
(e) the purpose of making the statement, and attach a copy of each such
statement to your answers to these interrogatories.
16. State whether you contend that any declaration against interest with regard to the
issues in this lawsuit has been made by any person.
17. If the answer to the preceding interrogatory is in the affirmative, set forth the
substance of each such declaration against interest, identify the person making the declaration
against interest, identify all persons present when the declaration against interest was made, and
the place where and the time when the declaration against interest was made. If the declaration
against interest was reduced to writing, attach a copy to your answer.
18. State whether you contend that any admission(s) with regard to the issues in this
lawsuit have been made by any person.
- 12 -
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
19. If the answer to the preceding interrogatory is in the affirmative, set forth the
substance of each such admission, identify the person making the admission(s), identify all
persons present when the admission was made, and the place and the time the admission was
made. If the admission was reduced to writing, annex a copy hereto.
20. With respect to the time period of January 1, 2009 to the present, state whether
any of the Defendants have ever been a party to or witness at any judicial, quazi-judicial, or
administrative proceeding involving allegations of discrimination, harassment, a hostile work
environment, retaliation and/or failure to pay all compensation owed to an employee, and, if so,
state:
(a) the nature of such proceeding and your participation therein;
(b) the date of filing and docket number of each such proceeding, attaching a
copy of each such charge or complaint to your answers to these
interrogatories;
(c) the present status of each such proceeding and, if the same has been
disposed of, the disposition thereof.
21. Have you ever been charged with or convicted of a crime? If so, state:
(a) the nature of such matter;
(b) the date of filing and docket number of each such proceeding, attaching a
copy of each such charge or complaint to your answers to these
interrogatories;
(c) the present status of each such proceeding and, if the same has been
disposed of, the disposition thereof.
22. Set forth any and all facts supporting or refuting all of the allegations set forth in
Plaintiff’s Complaint.
- 13 -
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
23. Set forth any and all facts supporting or refuting the affirmative defenses in
Defendants’ Answer.
24. With respect to the Plaintiff, state the following:
(a) date of original hire:
(b) rate and salary at time of termination and/or offered to Plaintiff;
(c) all earnings offered to and/or paid to Plaintiff;
(d) all fringe benefits, including holidays, vacation pay, pension plan, insurance, and
bonuses offered to and/or received by Plaintiff.
25. Identify Plaintiff’s supervisors. For purposes of this Interrogatory and the
Interrogatories to follow, the term “supervisor” shall mean, in addition to its ordinary meaning,
any individual who had the authority to undertake, recommend, or provide significant input into
decisions affecting Plaintiff’s employment. The term “supervisor” includes Plaintiff’s direct or
immediate supervisor and each individual with successively higher authority over Plaintiff, up to
and including individuals with the title “Manager,” “Director,” “Vice President,” “Senior Vice
President,” “Executive Vice President,” “General Manager,” “President,” or the equivalent.
26. Identify each and every individual who had authority and/or control over the
payment of compensation to Plaintiff.
27. Identify each and every individual who had authority and/or control over setting
or agreeing to the compensation arrangements with Plaintiff.
28. Identify each and every individual who was involved in the process of paying
Plaintiff compensation owed to him.
29. Why was Plaintiff’s employment terminated? State, in complete detail, each and
every reason that played any role in the decision to terminate Plaintiff and explain what role each
reason played.
- 14 -
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
30. Who made the decision to terminate the Plaintiff’s employment? Identify all
individuals who participated in or contributed to making that decision.
31. Has the Plaintiff been replaced and/or is another person performing the tasks that
would have been assigned to Plaintiff? If so, identify the person or persons. Further, as to any
person or persons whom any of the Defendants have employed to replace the Plaintiff or to
perform the functions Plaintiff performed, provide a copy of any and all correspondence between
the Defendant(s) and that person and a copy of that person’s application for employment. State
in precise detail exactly why the Defendant(s) employed that person or persons.
32. After Plaintiff was terminated, did any of the Defendant(s) offer re-employment
to Plaintiff? If so, set forth, in complete detail, what was offered to Plaintiff, who communicated
the offer, when it was communicated, and what Plaintiff’s response was.
33. State whether any of the Defendants, at any time (including after the end of
Plaintiff’s employment), have discovered any information that may have caused the termination
of Plaintiff’s employment or the rejection of Plaintiff’s application for employment with any of
the Defendants.
34. Identify all of the Defendants, and any other persons, individuals, and/or business
entities, that were the employer or employers of Plaintiff. For each, set forth the time period(s)
during which Plaintiff was employed by each such Defendant, persons, individuals, and/or
business entities.
35. Identify the date of, and participants in, any meeting, conversation, or discussion,
however informal, at which the termination or possible termination of Plaintiff, or the refusal to
hire or transfer Plaintiff, was discussed by employees, representatives, officers, managers,
supervisors, and/or agents of any of the Defendants and describe in detail what was said or
communicated and by whom.
- 15 -
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
36. Identify all employees of any of the Defendants who were terminated for the same
reason(s) that Plaintiff was terminated, between January 1, 2009 and the present. For each such
individual, provide:
(a) name, address, phone number, e-mail address;
(b) title, position, and work site(s);
(c) age of the person;
(d) date hired;
(e) date employment ended;
(f) name of the person’s supervisor; and
(g) reason for termination.
37. Identify all employees of any of the Defendantwho held the same position as
Plaintiff, but were not terminated, with respect to the time period of January 1, 2009 and the
present. For each such individual, provide:
(a) name, address, phone number, e-mail address;
(b) title, position, and work site(s);
(c) age of the person;
(d) date hired;
(e) date employment ended
(f) name of the person’s supervisor; and
(g) reason for not being terminated.
38. State whether any of the Defendants conducted, or caused to be conducted, an
investigation relating to concerns by Plaintiff about discrimination, wrongful termination,
retaliation and/or failure to pay all compensation owed to him. If your answer is affirmative,
provide the following information:
(a) the name of the investigator
(b) the names of witnesses interviewed
(c) the substance of all witness statements
(d) conclusions reached and the reasons for reaching such conclusions; and
(e) provide a copy of any witness statements, interview notes, reports, summaries, or any
other documents relating to such investigation or its conclusions.
- 16 -
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019
39. For the period of January 1, 2009 through the present, Identify every individual
responsible for making personnel decisions on behalf of any of the Defendants, including their
names, addresses, phone numbers, and e-mail addresses.
40. Have claims against any of the Defendants, ever been brought by or with the
Equal Employment Opportunity Commission (“EEOC”), New York State Division of Human
Rights, New York City Commission on Human Rights, New York Department of Labor
(“NYDOL”), United States Department of Labor (
Preview
FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 MEYERS FRIED-GRODIN, LLP Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Phone: (646) 596-1292 E-mail: JMeyers@MfgLegal.com Attorneys for Plaintiff Robert Harris SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------X ROBERT HARRIS, Plaintiff, Index No. 650175/2017 vs. INTIMO, INC., NATHAN NATHAN PLAINTIFF’S FIRST SET OF individually, TOMMY NATHAN, individually, INTERROGATORIES MORIS ZILKHA, individually, PRESTIGE DIRECTED TO EMPLOYEE ADMINISTRATORS, INC. PRESTIGE EMPLOYEE a/k/a PRESTIGE EMPLOYEE ADMINISTRATORS II, INC. ADMINISTRATORS, PRESTIGE EMPLOYEE ADMINISTRATORS II, INC. a/k/a PRESTIGE EMPLOYEE ADMINISTRATORS and JOHN DOES 1-10, and ABC CORPS. 1-8, fictitious names for persons or entities whose present roles and identities are unknown, Defendants. --------------------------------------------------------------------------X TO: David B. Lichtenberg, Esq. Eric T. Baginski, Esq. Fisher & Phillips LLP 430 Mountain Avenue, Suite 303 Murray Hill, NJ 07974 (dlichtenberg@fisherphillips.com) (ebaginski@fisherphillips.com) Attorneys for the Prestige Defendants -1- FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 COUNSEL: PLEASE TAKE NOTICE that Plaintiff Robert Harris (“Mr. Harris” or “Plaintiff”) hereby requests answers under oath from Defendant to the following interrogatories within twenty (20) days after service of them, pursuant to CPLR § 3102(a) and R 3133. MEYERS FRIED-GRODIN LLP Attorneys for Plaintiff Robert Harris By:_______________________________ Dated: October 30, 2019 Jonathan Meyers, Esq. Meyers Fried-Grodin, LLP Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Phone (646) 596-1292 E-mail: JMeyers@MfgLegal.com -2- FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 DEFINITIONS The definitions of terms set forth herein shall apply to Plaintiff’s Interrogatories directed to you and to any other discovery requests that Plaintiff serves on you. 1. The term “communication” is defined as the transmittal of information, whether written or verbal, in the form of facts, ideas, inquiries or otherwise. 2. The term “document” includes all written, typed, printed, recorded or graphic statements, communications or other matters, however produced or reproduced, including, but not limited to, all letters, memoranda, notes, e-mails, computer records, telegrams, telexes, faxes, cables, telephone records, records, bills, invoices, ledgers, journals, bulletins, directives, instructions, reports, memoranda of conversations, diaries, affidavits, briefs, pleadings, decrees, transcriptions, summaries, computer records, recordings, diagrams, charts, drawings, graphs and other writings. All originals, copies, drafts and non-identical copies in the possession, custody or control of defendants or defendants’ representatives shall be treated as separate documents. 3. A document is within the “possession, custody or control” of defendants or defendants’ representatives, if defendants or defendants’ representative has the right to secure the document or a copy thereof from another person or entity having actual physical possession thereof. 4. The term “person” is defined as any natural person or any business, corporation, firm, partnership, proprietorship, joint venture, board, authority, commission, legal or government entity or other association. 5. The term “personnel file” or “personnel files” refers to any files designated as being a personnel file and/or any documents or collection of documents regarding the hiring, employment, and/or termination employees of either or bother of the defendants (including but -3- FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 not limited to information regarding each such employee’s job application, resume, performance history, evaluations, disciplinary history, attendance, history of promotions, history of compensation, and the like). 6. “Identify”, “identification” and “identity” as used herein mean: (a) with respect to a document: (i) the type of document, whether a letter memorandum, report, agreement, recording, notation, etc.; (ii) any caption, heading and/or date shown on the face of the document; (iii) the identity of each individual who originated, initialed, signed, authorized, prepared or received (and if the same was done on behalf of any person, the identity of each such person), or is in any way referred to in the document; (iv) the number of pages if written or the approximate size or length if recorded; and (v) the general subject matter of the document. (b) with respect to a natural person, his or her: (i) full name; (ii) occupation and employer, if any; (iii) gender (iv) business and home address; and (v) business and home telephone number and e-mail address. (c) with respect to an entity: -4- FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 (i) its full name; (ii) the jurisdiction under whose laws it was organized; (iii) its principal office address and telephone number; and (iv) its principal officer or member known to you. (d) with respect to an oral communication: (i) the date and time it occurred; (ii) the place where it occurred; (iii) the complete substance of the communication; (iv) the identity of each person: (1) to whom such communication was made; (2) by whom such communication was made; (3) who was present when such communication was made. (v) if by telephone: (1) the identity of each person: (a) who made each telephone call; (b) who participated in each call; (2) the place where each person participating in each call was located. (vi) the identity of all documents memorializing referring, pertaining or relating in any way to the subject of the communication. -5- FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 7. The term “concerning” is defined as relating to, referring to, pertaining to, alluding to, describing, detailing, embodying, evidencing, reflecting, comprising or constituting, whether directly or indirectly, the subject matter identified in a specific interrogatory or document request. 8. The terms “all” and “each” should be construed as all and each. 9. The terms “and” and “or” should be construed either disjunctively or consecutively, as necessary to bring within the scope of each discovery request all responses or documents which might otherwise be construed to be outside of its scope. 10. The use of the singular form of a word should be construed to include the plural form and vice versa. 11. The use of the past tense form of a word should be construed to include the present tense form and vice versa. 12. The term “Defendant,” “Defendants” or “you” refers to the party to whom these discovery demands are directed, as well as that party’s employees, owners, agents, counsel, contractors or servants of any kind, and any consultants, experts, investigators, agents, representatives, or other persons acting on that party’s behalf. 13. The term “Prestige” refers collectively to Prestige Employee Administrators, Inc. and Prestige Employee Administrators II, Inc. and their subsidiaries, affiliates, predecessor entities; their employees, owners, agents, counsel, contractors or servants of any kind; and any consultants, experts, investigators, agents, representatives, or other persons acting on their behalf. -6- FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 14. The term “you” refers to party responding to this discovery demand and any consultants, experts, investigators, counsel, agents, representatives, or other persons acting on their behalf. 15. The term “Plaintiff” refers to Robert Harris. 16. The term “Complaint” refers to the Complaint (and any subsequently-filed complaint) that Plaintiff filed in this action, bearing Index No. 650175/2017. 17. The term “Answer” refers to the answer (and any other pleadings, e.g. counterclaims) filed by Defendants in this action. The term “Answer” also refers to any Answers that any of the Defendants may file at any point in the future. 18. The term “lawsuit” refers to the instant litigation between Plaintiff and Defendants, bearing Index No. 650175/2017. INSTRUCTIONS A. You are to furnish all information available to or in the possession, custody, or control of you, your agents, employees, and/or attorneys in answering the following Interrogatories. You are to designate which of such information is within your personal knowledge and, as to that information, you are to state the name and address of every person from whom it was received, or if the source of the information is documentary, a full description of the document including its location. Please refer to the definitions section in responding to each Interrogatory so your answers will be fully responsive. B. In answering these Interrogatories, furnish all information that is known to or in the possession, custody or control of you, your employees, representatives, attorneys, servants and/or agents. If any of these Interrogatories cannot be answered in full, answer them to the -7- FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 fullest extent possible, indicate the reasons for your inability to answer the remainder, and state fully the information, knowledge or belief you now have or which is in your possession, custody or control concerning the answered portions. C. Each Interrogatory shall be construed as referring to information now within the knowledge, possession, custody, or control of you, your agents, employees, servants, and/or representatives, as well as any information, knowledge, data, document or communication that subsequently is obtained, discovered, or comes into the possession, custody or control of you, your agents, employees, servants and/or representatives, that demonstrates that any answer originally provided in response to these Interrogatories was either incorrect or incomplete. Such supplemental information is to be promptly supplied to the party propounding these Interrogatories with a designation as to which interrogatory(ies) it is responsive. D. If any document forms a part of or the entire basis for any response to these Interrogatories, or refers, relates, pertains to or reflects a part of or the entire basis for any response to these Interrogatories, attach a copy of said document to your response or provide the name and address of each person from whom the document may be obtained or copied. E. If any document which forms a part of or the entire basis for any response to these Interrogatories, or refers, relates, pertains to or reflects a part of or the entire basis for any response to these Interrogatories, has been destroyed, set forth when itwas destroyed, identify each person who destroyed it and/or who was wholly or partially responsible for its destruction, and identify each person who directed that it be destroyed. In addition, indicate the reasons for each document's destruction; describe the nature of the document; identify the date of the document and set forth in as much detail as possible the contents of the document. -8- FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 F. Upon submission of any document applicable to these Interrogatories to the party propounding them, indicate on the first page of the document each Interrogatory number to which the document is supplied as either an answer, a part of an answer or a supplement to any answer. G. If you do not answer any Interrogatory because you claim the information is privileged, state the privilege claimed, set forth the facts relied upon to support your claim of privilege, and identify each document, communication and/or oral communication on which you base your claim of privilege. H. These interrogatories are directed to Defendants and each of Defendants’, agents, servants, assigns, representatives, past and present, and unless privilege is claimed, each and every attorney and accountant, past and present, of each and every such entity or individual. INTERROGATORIES 1. State the full name, present address, date of birth, and social security number of the person or persons who are answering these interrogatories. 2. Is or was there in effect any policy of insurance through which any of the Defendants in this case were or might be insured in any manner for the damages, claims or actions asserted by Plaintiff in the complaint filed in the within action? If your answer is affirmative, describe each such policy, by giving the name, address and phone number of the insurer; the policy number; the limits of coverage for each type of coverage contained in the policy; whether any reservation of rights or controversy or coverage dispute exists between defendant and the insurer; and the name, address and telephone number of the custodian of the policy. 3. State whether you have compiled any statistical evidence related to this action. -9- FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 4. If the answer to the preceding interrogatory is in the affirmative, state: (a) the identity of all statistical information, which you have compiled; (b) the source of each such item of statistical information; (c) the identity of the witness, who will present such statistical information; (d) the identity of each document in which such statistical information appears, attaching a copy to your answers to these interrogatories; (e) the identity of each document containing facts, which form the basis of this statistical information, attaching a copy of each supporting document to your answers to these interrogatories. 5. Identify all persons having knowledge of facts relevant to the subject matter of this litigation. 6. Describe in detail the knowledge held by each person identified in Interrogatory no. 5. 7. Identify each expert whom you have retained, at any time and for any purpose, relating to this action. 8. As to each person named in the answer to the preceding interrogatory, state the subject matter on which each such person is expected to testify. 9. As to each person named in the answer to interrogatory 7, state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. - 10 - FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 10. As to each person named in the answer to interrogatory 7, set forth the full and detailed qualifications, training, professional and practical experience, education, and degree obtained by such person. As to each item listed in the answer to this interrogatory, set forth the dates and/or years of same, as well as the names and addresses of each institution attended; furthermore, set forth the nature of each place at which experience or training was received. 11. Identify all articles, treatises, or writings of any nature authored by each of the experts identified in the answer to interrogatory 7, referring or relating to the subject matter of such person's proposed testimony, or any report relating or referring in any manner to: (a) the within litigation; and (b) any other matter, even if not related to this litigation. 12. As to each person named in the answer to interrogatory 7, describe fully: (a) each lawsuit, administrative proceeding, arbitration proceeding, or other judicial or quasi-judicial proceeding before any governmental agency, any administrative agency, or any court in which such person has given any testimony, by deposition or in person, and set forth the names of the parties to each such case or other proceeding, the court or other agency or body involved, the docket number, and the dates of the testimony by such person; and (b) each lawsuit, administrative proceeding, arbitration proceeding, or other judicial or quasi-judicial proceeding before any governmental agency, any administrative agency, or any court in which such person has been employed to assist in the preparation of the prosecution or defense, and set forth the names of the parties to each such case or other proceeding, the court or other agency or body involved, and the docket number. 13. Identify each person who investigated the subject matter of this litigation for you or your attorneys or on your or their behalf. - 11 - FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 14. If you or the persons named in response to the preceding interrogatory, or anyone else, have taken or obtained statements from any person regarding this matter, state: (a) the identity of the person from whom a statement has been taken; (b) when and where the statement was taken; (c) the type of statement taken, whether written, recorded or oral; (d) the identity of the investigator who took the statement; and (e) the purpose of making the statement, and attach a copy of each such statement to your answers to these interrogatories. 15. State whether any persons other than those identified in the interrogatories 13 and 14 have taken or made statements concerning this matter, and if so, state: (a) the identity of the person taking each such statement; (b) the identity of the person making each such statement; (c) when and where each such statement was taken; (d) the type of statement taken, whether written, recorded or oral; and (e) the purpose of making the statement, and attach a copy of each such statement to your answers to these interrogatories. 16. State whether you contend that any declaration against interest with regard to the issues in this lawsuit has been made by any person. 17. If the answer to the preceding interrogatory is in the affirmative, set forth the substance of each such declaration against interest, identify the person making the declaration against interest, identify all persons present when the declaration against interest was made, and the place where and the time when the declaration against interest was made. If the declaration against interest was reduced to writing, attach a copy to your answer. 18. State whether you contend that any admission(s) with regard to the issues in this lawsuit have been made by any person. - 12 - FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 19. If the answer to the preceding interrogatory is in the affirmative, set forth the substance of each such admission, identify the person making the admission(s), identify all persons present when the admission was made, and the place and the time the admission was made. If the admission was reduced to writing, annex a copy hereto. 20. With respect to the time period of January 1, 2009 to the present, state whether any of the Defendants have ever been a party to or witness at any judicial, quazi-judicial, or administrative proceeding involving allegations of discrimination, harassment, a hostile work environment, retaliation and/or failure to pay all compensation owed to an employee, and, if so, state: (a) the nature of such proceeding and your participation therein; (b) the date of filing and docket number of each such proceeding, attaching a copy of each such charge or complaint to your answers to these interrogatories; (c) the present status of each such proceeding and, if the same has been disposed of, the disposition thereof. 21. Have you ever been charged with or convicted of a crime? If so, state: (a) the nature of such matter; (b) the date of filing and docket number of each such proceeding, attaching a copy of each such charge or complaint to your answers to these interrogatories; (c) the present status of each such proceeding and, if the same has been disposed of, the disposition thereof. 22. Set forth any and all facts supporting or refuting all of the allegations set forth in Plaintiff’s Complaint. - 13 - FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 23. Set forth any and all facts supporting or refuting the affirmative defenses in Defendants’ Answer. 24. With respect to the Plaintiff, state the following: (a) date of original hire: (b) rate and salary at time of termination and/or offered to Plaintiff; (c) all earnings offered to and/or paid to Plaintiff; (d) all fringe benefits, including holidays, vacation pay, pension plan, insurance, and bonuses offered to and/or received by Plaintiff. 25. Identify Plaintiff’s supervisors. For purposes of this Interrogatory and the Interrogatories to follow, the term “supervisor” shall mean, in addition to its ordinary meaning, any individual who had the authority to undertake, recommend, or provide significant input into decisions affecting Plaintiff’s employment. The term “supervisor” includes Plaintiff’s direct or immediate supervisor and each individual with successively higher authority over Plaintiff, up to and including individuals with the title “Manager,” “Director,” “Vice President,” “Senior Vice President,” “Executive Vice President,” “General Manager,” “President,” or the equivalent. 26. Identify each and every individual who had authority and/or control over the payment of compensation to Plaintiff. 27. Identify each and every individual who had authority and/or control over setting or agreeing to the compensation arrangements with Plaintiff. 28. Identify each and every individual who was involved in the process of paying Plaintiff compensation owed to him. 29. Why was Plaintiff’s employment terminated? State, in complete detail, each and every reason that played any role in the decision to terminate Plaintiff and explain what role each reason played. - 14 - FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 30. Who made the decision to terminate the Plaintiff’s employment? Identify all individuals who participated in or contributed to making that decision. 31. Has the Plaintiff been replaced and/or is another person performing the tasks that would have been assigned to Plaintiff? If so, identify the person or persons. Further, as to any person or persons whom any of the Defendants have employed to replace the Plaintiff or to perform the functions Plaintiff performed, provide a copy of any and all correspondence between the Defendant(s) and that person and a copy of that person’s application for employment. State in precise detail exactly why the Defendant(s) employed that person or persons. 32. After Plaintiff was terminated, did any of the Defendant(s) offer re-employment to Plaintiff? If so, set forth, in complete detail, what was offered to Plaintiff, who communicated the offer, when it was communicated, and what Plaintiff’s response was. 33. State whether any of the Defendants, at any time (including after the end of Plaintiff’s employment), have discovered any information that may have caused the termination of Plaintiff’s employment or the rejection of Plaintiff’s application for employment with any of the Defendants. 34. Identify all of the Defendants, and any other persons, individuals, and/or business entities, that were the employer or employers of Plaintiff. For each, set forth the time period(s) during which Plaintiff was employed by each such Defendant, persons, individuals, and/or business entities. 35. Identify the date of, and participants in, any meeting, conversation, or discussion, however informal, at which the termination or possible termination of Plaintiff, or the refusal to hire or transfer Plaintiff, was discussed by employees, representatives, officers, managers, supervisors, and/or agents of any of the Defendants and describe in detail what was said or communicated and by whom. - 15 - FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 36. Identify all employees of any of the Defendants who were terminated for the same reason(s) that Plaintiff was terminated, between January 1, 2009 and the present. For each such individual, provide: (a) name, address, phone number, e-mail address; (b) title, position, and work site(s); (c) age of the person; (d) date hired; (e) date employment ended; (f) name of the person’s supervisor; and (g) reason for termination. 37. Identify all employees of any of the Defendantwho held the same position as Plaintiff, but were not terminated, with respect to the time period of January 1, 2009 and the present. For each such individual, provide: (a) name, address, phone number, e-mail address; (b) title, position, and work site(s); (c) age of the person; (d) date hired; (e) date employment ended (f) name of the person’s supervisor; and (g) reason for not being terminated. 38. State whether any of the Defendants conducted, or caused to be conducted, an investigation relating to concerns by Plaintiff about discrimination, wrongful termination, retaliation and/or failure to pay all compensation owed to him. If your answer is affirmative, provide the following information: (a) the name of the investigator (b) the names of witnesses interviewed (c) the substance of all witness statements (d) conclusions reached and the reasons for reaching such conclusions; and (e) provide a copy of any witness statements, interview notes, reports, summaries, or any other documents relating to such investigation or its conclusions. - 16 - FILED: NEW YORK COUNTY CLERK 12/30/2019 05:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 12/30/2019 39. For the period of January 1, 2009 through the present, Identify every individual responsible for making personnel decisions on behalf of any of the Defendants, including their names, addresses, phone numbers, and e-mail addresses. 40. Have claims against any of the Defendants, ever been brought by or with the Equal Employment Opportunity Commission (“EEOC”), New York State Division of Human Rights, New York City Commission on Human Rights, New York Department of Labor (“NYDOL”), United States Department of Labor (