motion to compel - White Collar Fraud

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V t* **2 6 7 NANCY E.O'MALLEY District Attorney of Alameda County Matthew L. Beltramo, Deputy District Attorney (State Bar No. 184796) 7677 Oakport Street, Suite 650 Oakland, CA 94621 Telephone: (510) 569-9281 Facsimile: (510) 569-0505 * •8829866* 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Additional counsel listed on Appendix A To Notice of Motion and Motion to Compel Attorneys for Plaintiff THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff vs. OVERSTOCK.COM, INC., et al., Defendants SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA I, Matthew L. Beltramo, declare: No. RG10-546833 DECLARATION OF MATTHEW L. BELTRAMO IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER INTERROGATORY RESPONSES Date: Time: Dept: Reservations: May 5,2011 2:00 p.m. 20 J/C1S7I Assigned for All Purposes to the Honorable Robert B. Freedman Complaint Filed: Answer Filed: Am. Answer Filed: November 17, 2010 January 28, 201 1 March?, 2011 1. I am an attorney at law in the State of California and am currently employed as a Deputy District Attorney for the County of Alameda. The Alameda County District Attorney's Office is one of the Offices representing the Plaintiff, the People of the State of California (hereinafter 28 Office of D15TTUCT ATTOBfftY Alameda Couniy -1" 31 -1- Case No. RG10-546833 BELTRAMO DECLARATION IN SUPPORT OF MOTION TO COMPEL FURTHER INTERROGATORY RESPONSES
1 ' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office of DISTRICT ATTOfflflY Alamcda County *J*J 31 "the People") in this action. Except where otherwise indicated, I have personal knowledge of the facts described below. 2. I am informed and believe that on December 23,2011, the People served by overnight mail its First Set of Interrogatories on Defendant Overstock.com, Inc. ("Overstock"), a true and correct copy of which is attached hereto as Exhibit 1. 3. On two occasions, in late January and early February 2011, respectively, the People agreed to extensions of time for Overstock to respond to the First Set of Interrogatories. A response date of February 16, 2011, was ultimately agreed upon. 4. On February 16, 2011, Overstock served its Objections and Responses to Plaintiffs First Set of Interrogatories (the "Interrogatory Responses"), a copy of which is attached to this declaration as Exhibit 2. 5. On February 28, 2011,1 sent an email to counsel for Overstock, seeking to meet and confer regarding certain issues with respect to Overstock's Interrogatory Responses. Among the issues addressed was Overstock's unwillingness to include present or last known contact information for those former employees whose names were disclosed in response to Special Interrogatories Number 8 and 14. A true and correct copy of that email is attached hereto as Exhibit 3. 6. On March 4, 2011, counsel for Overstock acknowledged receiving the Meet and Confer email. Counsel for Overstock eventually responded by email on March 18, 2011, indicating that "after careful thought we are not able to provide you with the private information of over 200 of Overstock's former employees." A true and correct copy of the March 18, 2011, email - without attachment - is attached hereto as Exhibit 4. 7. On March 22, 2011,1 sent a reply email to counsel for Overstock, explaining the People's view that Overstock appeared to be improperly asserting a privacy rights objection to the Interrogatories in question. The email went on to set forth, in summary fashion, the legal basis for the People's position. The email further went on to propose, as a way of satisfying Overstock's privacy concerns, that the parties enter into a reasonable protective order. A true and correct copy of that email is attached hereto as Exhibit 5. -2- Case No. RG10-546833 BELTRAMO DECLARATION IN SUPPORT OF MOTION TO COMPEL FURTHER INTERROGATORY RESPONSES
Page 1 and 2: 1 2 3 4 5 6 7 8 NANCY E. O'MALLEY D
Page 3 and 4: 3 4 5 in this action: APPENDIXA The
Page 5 and 6: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Page 7 and 8: 2 Office of DISTRIC AlnmoH County 3
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Page 17 and 18: EXHIBIT 1
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Page 21 and 22: not in YOUR actual or constructive
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Page 27: 3 2 3 4 5 STEPHAN R. PASSALACQUA Di
Page 30 and 31: Overstock.com, Inc. ("Overstock") h
Page 32 and 33: RESPONSE TO FORM INTERROGATORY NO.
Page 34 and 35: a. Overstock is a Delaware corporat
Page 36 and 37: d. Divisional Merchandising Manager
Page 38 and 39: Overstock President Jonathan Johnso
Page 40 and 41: RESPONSE TO SPECIAL INTERROGATORY N
Page 42 and 43: comparison prices. Nothing in Overs
Page 44 and 45: RESPONSE TO SPECIAL INTERROGATORY N
Page 46 and 47: 1 r • ' 2 3 SPECIAL INTERROGATORY
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EXHIBIT 6
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ATTORNEY OR PART* WITHOUT ATTORNEY
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SHORT TITLE; People vs. Overstock.c
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