For each case, the Defendants must complete this Defendants' Fact Sheet ("DFS") and identify or provide documents and/or data relating to each Plaintiff responsive to the question set forth below to the best of Defendants' knowledge. In completing this DFS, you are under oath and must provide information that is true and correct to the best of your knowledge. If you cannot recall all of the details requested, please provide as much information as you can. The DFS shall be completed in accordance with the requirements and guidelines set forth in the applicable Case Management Order. In the event the DFS does not provide you with enough space for you to complete your responses or answers, please attach additional sheets if necessary. Please identify any documents that you are producing as responsive to a question or request by bates-stamp identifiers. This DFS must be completed and served on all counsel representing a Plaintiff in the action identified in Section I below. This must be answered and served by the date established by the Court in the Case Management Order implementing this DFS. As used herein, the term "Documents" shall have the broadest possible meaning and interpretation and shall include, without limitation, any written, printed, typed, photostatic, photographed, recorded, computer generated, computer-stored, or otherwise maintained or reproduced communication or representation, any data compilation in any form, whether comprised of letters, words, numbers, pictures, sounds, bytes, emails, electronic signals or impulses, electronic data, active files, deleted files, file fragments, or any combination thereof including, without limitation, all memoranda, notes, records, letters, envelopes, telegrams, 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 of accountants, other reports, trade letters, press releases, comparisons, books, diaries, articles, magazines, newspapers, booklets, brochures, pamphlets, circulars, bulletins, notices, forecasts, drawings, diagrams, instructions, minutes of meetings or communications of any type, including inter- and intra-office communications, questionnaires, surveys, charts, graphs, photographs, films, tapes, discs, data cells, drums, printouts, all other compiled data which can be obtained (translated, if necessary, through intermediary or other devices into usable forms), documents maintained on, stored in or generated on any electronic transfer or storage system, any primary versions, drafts or revisions of any of the foregoing, and other writings or documents of whatever description or kind, whether produced or authorized by or on behalf of you or anyone else, and shall include all non-identical copies and drafts of any of the foregoing now in the possession, custody or control of you, or your present directors, officers, counsel, agents, employees, partners, consultants, principals, and/or persons acting on your behalf Defendants are not required to identify or produce any pleading filed in litigation relating to Yaz, Yasmin or Ocella or medical records produced in Plaintiffs' individual case. As used herein, the terms "you," "your" or "yours" means all Defendants and any officers, agents, attorneys, employees, representatives or others acting on their behalf. As used herein, the phrase "provided" means sold, distributed, shipped, delivered or otherwise placed into the stream of commerce. As used herein, the term "communication" and/or "correspondence" shall mean and refer to any oral, written or electronic transmission of information, including, without limitation, meetings, discussions, conversations, telephone calls, memoranda, letters, e-mails, text messages, conferences, or seminars or any other exchange of information between Defendants or between you and any other person or entity. Nothing in this DFS shall require defendants to produce voice mail, instant messages, text messages, or be construed contrary to the requirements of the Preservation Order, or any other Order, in this action. As used herein, the phrase "Dispensing/Prescribing Health Care Provider"means each of Plaintiff's physicians, medical providers, practices, clinics, persons or entities who prescribed or dispensed Yaz(r) / Yasmin(r) / Ocella(r) to Plaintiff as identified with particularity in the Plaintiff Fact Sheet ("PFS"). As used herein, the phrase "anyone in their practice" means all employees of the clinic, practice, or group including, but not limited to, nurse practitioners, and/or other physicians that practice in the same office, group, or clinic with Plaintiff's Dispensing/Prescribing Health Care Provider. As used herein, the phrase "Promotional Items" means any and all promotion items, marketing devices, freebies, merchandise, handouts, meals, or any other items related to Yaz(r) / Yasmin(r) / Ocella(r) including but not limited to physical items marked with the Yaz(r) / Yasmin(r) / Ocella(r) trademark such as anatomical models, notepads, post-it-notes, pens, flashlights, other day-to-day office supplies of any type, models for patient demonstration, diagnostic tools and aids, medical assessment and dosage calculators, pharmacy and pharmacist tools, patient compliance tools, custom medical calculators and software, branded apparel (such as but not limited to shirts, hats, etc), leather portfolios, prescription pads, picture frames, letter openers, clipboards, water bottles, coffee mugs/cups, pocket/pen lights, key chains, badge-holders, bags, travel accessories, other "freebies" provided to Dispensing/Prescribing Health Care Providers (this list is not meant to be exhaustive). Promotional Items shall mean and include any and all cross-promotional materials related to Yaz(r) / Yasmin(r) / Ocella(r) jointly with other products or advertising campaigns. As used herein, the term "identify" or "identity" with respect to persons, means to give, to the extent known, the person's full name, and as to former employees or third --parties, their present or last known address . As used herein, the term "person" means natural person, as well as corporate and/or governmental entity. As used herein, the terms "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, 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 the documents.
As used herein, the term "possession, custody or control" shall mean and refer to any documents in your possession, custody or control. A document is deemed to be in your "possession, custody or control" if is in your physical custody or if it is in the physical custody of another person or entity, and you: (a) own such document in whole or in part; or (b) have a legal right by contract, statute or otherwise to use, inspect, examine or copy such document on any terms. If defendant is aware of documents responsive to a question/request in the DFS that are in the possession of a non-party but do not have a legal right to obtain the documents from the non-party, defendant will identify the non-party and the nature of the documents in the response to the associated question/request in the DFS. Defendant Bayer Healthcare Pharmaceuticals, Inc. ("BHCP") shall produce information responsive to this DFS in the possession, custody and control of Intendis, Inc. As used herein, the terms "Yaz," "Yasmin" or "Ocella" mean birth control drugs containing drospirenone, and any predecessor or non-final derivation of the drug that later became "YAZ(r)," "Yasmin(r)" or "Ocella(r)." Unless otherwise indicated, the "relevant period" for the information sought is January 1, 1990 to the present. Nothing herein prohibits the defendant from withholding any materials or information protected by a claim of privilege. A privilege log shall be provided only to the extent of listing (i) any document responsive to this fact sheet that (ii) refers to the plaintiff and/or the Dispensing/Prescribing Health Care Provider, and (iii) is withheld from production or from which any information has been redacted on a claim of attorney-client privilege or attorney work product protection. The privilege log shall not include documents and communications created in connection with or in the course of the defense of the action to which this DFS relates, but shall include all business documents and communications, including those created after the commencement of the action to which this DFS relates. As to any such document, specify the privilege or work product protection(s) you claim, and provide the following information: (a) the nature of the document (e.g., letter, memorandum, contract, etc.) and a description of its subject matter; (b) the author or sender of the document; (c) the recipient(s) of the document; (d) the date that the document was authored, sent and received; and (e) the basis for your privilege claim. If the claimed privilege or work product protection applies only to a particular phrase, sentence, paragraph, or section of a responsive document, the entire document should be produced with the allegedly protected portion redacted and a legend indicating that the withheld portion is a subject of a specified privilege or protection. If you are aware that any document that was, or might have been, responsive to any sections of this DFS which concern or relate to Plaintiff or Plaintiff's Dispensing/Prescribing Health Care Provider was destroyed, erased, surrendered or otherwise removed from your possession, custody or control, at any time, provide, to the maximum extent possible, the following information: (a) the nature of the document (e,g., letter, memorandum, contract, etc.,) and a description of its subject matter; (b) the author or sender of the document; (c) the recipient(s) of the document; (d) the date that the document was authored, sent and received; (e) the circumstances surrounding the removal of the document from your custody, possession or control; and (f) the identity of the person(s) having knowledge of such removal from your custody, possession or control.