Prison Phone Justice

MEMORANDUM
APRIL 10,2007

TO:

OFFICE OF COMMISSION CLERK

FROM:

OFFICE OF THE GENERAL COUNSEL (TAN)

RE:

DOCKET NO. 060614-TC - COMPLIANCE INVESTIGATION OF TCG
PUBLIC COMMUNICATIONS, INC. FOR APPARENT VIOLATION OF
SECTION 364.183(1), F.S., ACCESS TO COMPANY RECORDS, AND
DETERMINATION OF AMOUNT AND APPROPRIATE METHOD FOR
REFUNDING OVERCHARGES FOR COLLECT CALLS MADE FROM
INMATE PAY TELEPHONES.

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Please file the attached Subpoena Duces Tecum in the above-referenced docket.

TLTij s
Attachment

UNITED
STATES
DISTRICT
COURT
NORTHERN DISTFUCT OF FLORIDA *
KIRSTEN SALB, an individual, on behalf
of herself and all others similarly situated

SUBPOENA IN A CIVIL CASE

Plaintiff,
V.

EVERCOM SYSTEMS, INC. and
COrZRECTIONAL BILLING SERVICES,

IC,
N.

*Case Pending in Southern District of Florida
Case No.: 06-20290- CIV- UNGAROBENAGEWO’SULLIVAN

PLACE OF DEPOSITION

DATE AND TIME

Moyle, Flanigan, Katz, Raymond & Sheehan, P.A.
The Perkins House 118 N. Gadsden Street
Tallahassee, Florida 32301
(850) 681-3828

April 27,2007
1O:OO a.m.

PLACE

DATE AND TIME

ATTN: Eleanor T. Barnett, Esq,
April 25,2007
Biizin Sumberg Baena Price & Axelrod LLP
200 S. Biscavne Blvd,, Suite 2500
Miami, FloAda 33131
YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.

1 DATEANDTIME

PREMISES

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more
officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each
person designated, the matters on which the person wiIl testify. Federal RuIes of Civil Procedure, 30(b)(6).
ISSUNG OFFICERS SIGNATURE AND TITLE (lNDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

b T * & d

I

DATE

4/6/07

, Co-counsel for Defendants

ISSUING OFFICERS NAME,A @
D&

AND PHONE W E R

Attn: Eleanor T. Barnett, Esq.,
Florida Bar No. 0355630
Bilzin Sumberg Baena Price & Axelrod LLP,
200 S. Biscayne Blvd., Suite 2500
Miami, Florida 33 131
(305) 374-2443

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A 0 88 (Rev. 10/2002) Subpoena in a Civil Case (Reverse)

PROOF OF SERVICE
DATE
SUBPOENA SERVED
SERVED ON (PRINT NAME)

PLACE

35 7 ( ( J
I !

*

MANNFR OF SERVICE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing
information contained in
Executed on
Server
Rule 45, Federal Rules of Civil Procedure, Parts C & D:

":AL,LAHASSEE. F"*,ORHM 32317-9545

PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
( I ) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing
undue burden or expense on a person subject to that subpoena. The Court on behalf of which the subpoena was issued shall enforce this
duty and impose upon the party or attomey in breach of this duty an appropriate sanction which may include, but is not limited to, lost
earnings and reasonable attomey's fee.
(GI

(2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or
tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear
for deposition. hearing or trial.

(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may,
within 14 days after service of subpoena or before the time specified for compliance if such time is less than 14 days after service, serve
upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or
of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy materials or inspect the
premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the
subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to
compel production shall protect any person who is not a party or an officer of a party fiom significant expense resulting from the inspection
and copying commanded.
(3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it

(i) fails to allow reasonable time for compliance;
(ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place
where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause
(c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which
the trial is held, or
(iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or
(iv) subjects a person to undue burden.
(8)
If a subpoena
(i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or
(ij) requires disclosure of an unretained expert's opinion or infomation not describing specific events or occurrences
in dispute and resulting from the expert's study made not at the request of any party, or
(iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100
miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party
in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue
hardship and assures that the person to whom the subpoena is addressed will be reasonable compensated, the court may order appearance or
production only upon specified conditions.
(d)

DUTIES M RESPONDING TO SUBPOENA.

(I) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business
or shall organize and label them to correspond with the categories in the demand.

(2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation
materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or
things not produced that is sufficient to enable the demanding party to contest the claim.

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EXHIBIT "A"
INSTRUCTIONS

The following definitions and instructions apply throughout this request for
production, unless the context states otherwise:
1,

This Request requires that you produce and identify all documents

responsive to the following requests that are in your possession or control or subject to
your control, wherever they may be located. The writings you must produce and identify
include not only writings you presently possess, but also writings that are in the
possession or control of your attorneys, accountants, bookkeepers, employees,
representatives, or anyone else acting on your behalf.

2.

You are requested to produce all documents responsive to the following

requests for inspection and copying at the law offices law offices of Bilzin Sumberg
Baena Price 8t Axelrod LLP, 200 South Biscayne Boulevard, Suite 2500, Miami,

Florida 33131, on April 25, 2007.

3.

All documents that are responsive shall be produced in full, without

abridgement, abbreviation, or expurgation of any sort, If any such documents cannot be
produced in full, you are requested to produce the document to the greatest extent
possible and indicate in your written response what portions cannot be produced and
why.
4.

You are requested to produce.the original and all non-identical copies,

including all drafts, of each document requested. If you are not able to produce the
original of any document, please produce the best available copy and ail non-identical
copies, including drafts.

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This Request and subparagraph or subdivision thereof shall be construed

independently, and no other Request or subparagraph or subdivision thereof shall be
referred to or relied on for the purpose of limiting its scope except insofar as the request
or subparagraph or subdivision construed expressly refers to another request or
subparagraph or subdivision thereof.

6.

If any document request herein was at one time in existence, but has been

lost, discarded, deleted, or destroyed, identify each such document including its date,
author and subject matter.

7.

If any document requested herein is maintained in electronic form (e.g.,

mail, computer files), you are requested to produce each such document in paper form
as well as provide a copy of each document in electronic form (Le., computer disk or
CD-ROM).

8.

If you are not producing a Document responsive to any of the numbered

demands below on the basis of a claimed privilege, or for any other reason, please state
the following:
(a)

Describe the DOCUMENT with specificity;

(b)

Identify the privilege claimed or other reason why the DOCUMENT is not

being produced;
(c)

State the names and capacities of all persons who participated in the

preparation of the document; and

(d)

State the names and capacities of all persons to whom the document was

circulated or its contents communicated.

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This Request seeks documents for the period January Ito April 27, 2007,

unless otherwise specified.

DEFINITIONS
I.

“YOU” or “YOUR” mean Lee Eng Tan.

2.

“DOCUMENT” should be construed to include, without limitation, a writing

of any kind, including memoranda, correspondence, handwritten notices or any other
printed, graphic, or recorded matter, however produced or reproduced, including
working papers, preliminary, intermediate or final drafts, diaries, desk calendars,
appointment books, photographs, films, video tapes, electronic mail, computerized
financial records, electronically stored or computerized information, data stored on hard
drives and floppy disks and all other writings and recordings of every kind which are in
YOUR actual or constructive possession, custody or control. Any copies of documents
bearing notations or marks not found in the original shall be deemed to be different
documents and shall also be produced.
3.

“COMMUNICATION(S)” shall mean, among others, any actual or

attempted meetings, gatherings, assemblies, encounters, discussions, dialogues,
exchanges, conversations, contact and correspondence of any type and by any means,
including but not limited to letters, regular mail, telephone calls, facsimiles, electronic
mail, and instant messaging communications, and so forth.

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REQUEST

1.

Please produce all DOCUMENTS, including but not limited to e-mail

messages, letters, or phone messages, evidencing, regarding, reflecting or relating to
COMMUNICATIONS with any of the following persons: Howard Bushman, Alison
Harke, Sarah Clasby Engel, R, Jason Richards, Glen Goldberg, Clayton Pengel, Judd
Rosen, or any other persons employed by the law firms of Goldberg & Rosen, Harke &
Clasby, or Aylstock Witkin & Sasser on or after March 16,2007.

2,

Please produce all DOCUMENTS, including but not limited to e-mail

messages, letters, or phone messages, evidencing, regarding, reflecting or relating to
COMMUNICATIONS with Doug Kreis.

3.

Please produce all DOCUMENTS, including e-mails, complaints, reports,

and memoranda, provided to any of the following persons: Howard Bushman, Alison
Harke, Sarah Clasby Engel, R. Jason Richards, Glen Goldberg, Clayton Pengel, Judd
Rosen, or any other persons employed by the law firms of Goldberg & Rosen, Harke &
Clasby, or Aylstock Witkin & Sasser on or after March 16,2007.
4.

Please produce all DOCUMENTS, including e-mails, complaints, reports,

and memoranda, provided to Doug Kreis.
5,

Please produce all DOCUMENTS, including but not limited to e-mail

messages, letters, phone messages, evidencing, regarding, reflecting or relating to
COMMUNICATIONS about Florida Public Service Commission Docket No. 060614-TP,

2007, with any person not listed in Requests 1 and 2 that is not (a) a
since January I,
representative of a party to that docket, (b) counsel to a party in that docket, (c)

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an

entity that received a subpoena in that docket, or (d) counsel to an entity that received a
subpoena in that docket.
6.

Please produce all DOCUMENTS, including e-mails, complaints, reports,

and memoranda, provided to any of the following persons, other than those persons
listed in Requests Iand 2, since January 1, 2007: (a) a representative of a party to

Florida Public Service Commission Docket No. 060614-TP; (6)
counsel to a party in that
docket; (c) an entity that received a subpoena in that docket; or (d) counsel to an entity
that received a subpoena in that docket.

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