Tosh Zuckerberg Gauckerbere@pryescashnan com) PRYOR CASHMAN LLP 410 Park Avenue, 10" Floor New Yott, New York 10022 Tal: 212) 421-4100 storys for Defendants UNITED STATES DISTRICT COURT ‘SOUTHERN DISTRICT OF NEW YORK DARYL CROUSE and CHARLES REEVES, JR. Plaintiff, -against- ‘Case No: 08-CV-2496 (PAC) ABQUUS TECHNOLOGIFS CORPORATION, ‘COMMUNICATION ACCESS NETWORK OF AMERICA, INC., RICHARD SCHATZBERG, ‘SNAP TELECOMMUNICATIONS, INC, and ERIC IIELLIGE, DEFENDANTS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS. Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure and Local Rule 26.3 of the Local Rules ofthe United States District Cour of tne Eastern District of New York, defendants Aequus Technologies Corporation, Communication Access Network of America, Inc, Richard Schatoberg, SNAP Telecommunicatons, Inc. and Eric Helge, by and through their attomeys Pryor, Cashman LLP, hereby request thst, within 30 days of service of this, request, plaintiffs Daryl Crouse and Charles Reeves produce all documents and materials described herein in its possession, custody or control fr inspection and copying at the offices of Pryor Cashman LLP, 410 Park Avenue, New York, New York 10022INSTRUCTIONS ‘A. Defendants incorporate herein the Uniform Definitions in Discovery Requests set forth in Rule 26.3 of the Local Civil Rules ofthe Local Rules of the United States District Courts forthe Souther and Eastern Districts of New York (“Local Civil Rules") B. Defendants incorporate herein Local Civil Rule 26,2 concerning the information to be provided to defendants if plaintiffs assert a claim of privilege with regard to any document request herein, C.__Imresponse to each request, state whether responsive documents exist within the possession, custody or control of plaintiffs, regardless of whether making any objection to tbe ‘whole or any part ofthat request. D. _Ifplaintiffs are unable to produce, in whole or in par, documents responsive to the following requests, plaintfs shall produce documents to the extent possible, and shall specifically state reason(s) for any inability to produce responsive documents in whole or in prt. FE. _Ifany document responsive to any request herein has been lost, destroyed oF discarded, or otherwise been transferred outside the possession, custody or contro of plaints, describe and identify each such document by stating in writing: (1) the document's date, subject matte, number of pages and attachments; (2) the author ofthe document; (3) all recipients ofthe original document and all copies thereof (4) the circumstances under which such document of the document. ‘became unavailable; and (5) the last known locat F, The requests herein are deemed to be continuing in nature and require futher and supplemental production by plaintiffs pursuant to Rule 26(0) of the Federal Rules of Procedure if and whenever plaintiffs cquire or locate additional documents responsive to the requests herein after the time of responding to these requests and before the final disposition ofthis ation DEFINITIONS, A. Theterm “Amended Complaint” shall mean the amended complaint in this action dated December 19, 2007 1B. “Any” means one or more. ©. “Defendant” means each and every named defendant in the instant action and, ‘where applicable, each Defendant's employees, agents, officers, directors, and agents. D. “Communication” is used in the broadest sense and includes, without limitation, «any exchange or transfer of information or documents by any means (i.c., whether oral, written, electronic or by other methods), as well as any note, memorandum, or other record thereof E, “Document” i used in the broadest sense and includes, but isnot limited to, al nal, non-identical copies and drafts of correspondence, communications, letters, papers, contacts, invofees telephone bills and reords, purchase orders, agreements, records, reports, books, summaries of records of communications, diaries, notes, messages, facsimiles, ‘memoranda, minutes, graphs, spreadsheets, diagrams, valuations, appraisals tape recordings, end computer data. The erm “document shall farther include, without limitation, electronic and magnetically stored forms of dat, including electronic mail and Instant Messages. Each non- identical copy ofa document is a seperate document tobe produced. Hach document that is, tached by staple, clip or otherwise to @ document requested herein, o refed to as an exhibit, appendix, sedate, amendment, rider or supplement toa requested document, shall also be produced (tached in the same manner as the original) egardless of whether the production of that document i otherwise requested herein, Any doctment produced in response to this request ‘must be produced in its entirety without abbreviation or expurgation,