motion to compel - White Collar Fraud

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a. Partner Account Manager
b. Category Manager
SPECIAL INTERROGATORY NO. 3:
Provide an organization chart which indicates the job titles for each EMPLOYEE who
currently SETS COMPARISON PRICES and the job titles of all managers, supervisors or
superiors who are in a direct reporting relationship between that EMPLOYEE and Overstock
President Jonathan Johnson.
RESPONSE TO SPECIAL INTERROGATORY NO. 3:
Each general objection is hereby incorporated by reference as if fully set forth herein.
Overstock objects to this interrogatory on the grounds that (1) it is overbroad, unduly burdensome,
and oppressive; (2) it seeks information neither relevant nor reasonably calculated to lead to the
discovery of admissible evidence; (3) it seeks information protected by California's constitutional
right of privacy; (4) it is vague and ambiguous as to the terms and/or phrases "regarding any
employment, consulting, or contracting relationship;" (5) it is vague and ambiguous as to the
terms and/or phrases "EMPLOYEE who currently SETS COMPARISON PRICES," as Overstock
does not itself designate certain employees, consultants, or contractors as those that set
comparison prices; and (6) it improperly seeks content or production of documents in the form of
an organization chart. Nothing in Overstock's response is intended as or shall be interpreted as a
waiver of any applicable privilege or protection of information from disclosure.
Subject to and without waiving the foregoing objections, Overstock responds as follows:
EMPLOY-EES do not SET COMPARISON PRICES. EMPLOYEES typically receive and review,
and on occasion may modify COMPARISON PRICES submitted to Overstock by its vendors and
suppliers. Notwithstanding the foregoing, Overstock does not have an official company-wide
organization chart depicting job titles for each EMPLOYEE who currently receives and reviews,
and on occasion may modify COMPARISON PRICES and the job titles of all managers,
supervisors or superiors who are in a direct reporting relationship between that EMPLOYEE and
55.51782/3971861.
-9- CaseNo. RG10-546833
RESPONSES TO FIRST SET OF INTERROGATORIES