UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

STARBUCKS CORPORATION, a Washington corporation; and STARBUCKS U.S. BRANDS, INC., a California corporation,

Plaintiffs,

v.

 

WOLFE'S BOROUGH COFFEE, INC., a New Hampshire corporation d/b/a BLACK BEAR MICRO ROASTERY,

Defendant.

 

No. Ol-CV-5981 (LTS)(THK)

 

 

PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT

               Plaintiffs Starbucks Corporation and Starbucks U.S. Brands Corporation (named herein as "Starbucks U.S. Brands, Inc.") ("Plaintiffs"), by their attorneys, Jones, Day, Reavis & Pogue, hereby request, pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and Rule 33.3 of the Local Civil Rules of the United States District Court for the Southern District of New York, that Defendant Wolfe's Borough Coffee, Inc., d/b/a Black Bear Micro Roastery ("Black Bear"), within thirty (30) days of the date of service hereof, answer in writing under oath the following interrogatories.

DEFINITIONS

            Unless a contrary meaning appears in context, the following definitions apply as do the Uniform Definitions in Discovery Requests in Local Rule 26.3 of the United States District Court for the Southern District of New York.

1.        "Plaintiffs" shall mean Starbucks Corporation and Starbucks U.S. Brands, Corporation and any of their officers, directors, employees, agents and representatives and all persons acting or purporting to act on their behalf.

2.       "Starbucks" shall mean Starbucks Corporation and any of its officers, directors, employees, agents and representatives and all persons acting or purporting to act on its behalf.

3.       "U.S. Brands" shall mean Starbucks U.S. Brands Corporation and any of its officers, directors, employees, agents and representatives and all persons acting or purporting to act on its behalf.

4.       "Black Bear" shall mean Wolfe' s Borough Coffee, Inc. d/b/a Black Bear Micro Roastery and any of its officers, directors, employees, agents and representatives and all persons acting or purporting to act on its behalf.

5.       "You" and "your" shall mean Black Bear and any of its officers, directors, employees, agents and representatives and all persons acting or purporting to act on its behalf.

6.       The "Starbucks Mark" shall mean the name and trademark "Starbucks."

7.       The "Complaint" shall mean the Complaint in this action dated July 2, 2001.

8.       "Counterclaim" shall mean the Counterclaim in this action dated August  30,2001.

9.       "Communication" shall mean the transmittal of information (in the form of facts, ideas, inquiries or otherwise).

10.     "Document" and "documents" are used in the broadest permissible sense under the Federal Rules of Civil Procedure and shall include, without limitation, tangible things and all written, typewritten, recorded (including audio or videotape or both), graphic, photographic (including negatives), facsimile transmissions, or computerized materials in whatever form, including copies, drafts, and reproductions thereof to which you have or have had access and every copy of such document which contains any commentary or notation not appearing in the original.

11.     "Person" shall mean any natural person or any business, legal or governmental entity or association.

12.     "Entity" shall mean any company, corporation, partnership, union, joint venture, sole proprietorship, association, government agency, organization or any other similar type of group through which business is conducted, or any director, officer, employee or agent thereof.

13.     "Concerning" means relating to, referring to, describing, evidencing or constituting.

14.     "Relate to" and "relating to" shall mean and include any information concerning, comprising, identifying, summarizing, evidencing, containing, discussing, mentioning, describing, reflecting, comparing, analyzing, memorializing or pertaining in any way to the subject matter of the discovery request in which such term is used.

15.     "All" and "each" shall be construed as all and each.

16.     "And" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope.

17.     Singular forms of any noun or pronoun shall embrace and be read to include the plural as the context may make appropriate.

18.     Masculine forms of any noun or pronoun shall embrace and be read to include the feminine or neuter, as the context may make appropriate.

INSTRUCTIONS

1.      Each interrogatory is to be answered separately, fully and specifically.

2.       Plaintiffs hereby request, pursuant to Federal Rule of Civil Procedure 26(e), that after responding to these interrogatories. Black Bear supplement and/or correct any responses later learned to be incomplete or incorrect immediately upon learning that a prior response was incomplete or incorrect.

3.       All information requested herein is to be set forth if it is in the possession or control of, or is available or accessible to Black Bear or any of its agents, consultants, counsel, investigators, representatives or any other person or persons acting for it or on its behalf.

4.       If Black Bear cannot respond to any of the following interrogatories in full after exercising due diligence to secure the information to do so, then respond to the extent possible and explain its inability to provide a complete answer. State whatever information or knowledge Black Bear has about the unanswered portion of any interrogatory.

5.       If any information called for by an interrogatory is withheld on the basis of a claim of privilege set forth the nature of the claimed privilege and the nature of the information with respect to which it is claimed.

6.       Whenever an interrogatory requests the identification of a document, the answer shall state the name, address, position, and organization of the author and each recipient of the document, the custodian of the document, the date of the document, and a brief description of the subject matter of the document.

7.       Whenever an interrogatory requests the identity of a person, state his or her full name, present or last known address, telephone number, and position of employment at the time in question.

8.       Whenever an interrogatory requests the identity of an entity, state its name, address, telephone number, and the type of business in which the entity engages.

9.       Whenever an interrogatory seeks a description of an act, transaction, occurrence, dealing or instance, state the date when it occurred, the place where it occurred, the identity of each person participating therein, the person on whose behalf each such person participated or purported to participate, the nature and substance of all communications occurring during, or in connection with the act, transaction, occurrence, dealing or instance, and identity all documents referring thereto or reflecting the act, transaction, occurrence, dealing or instance.

10.     Whenever an interrogatory asks for a date, state the exact day, month and year, if ascertainable or, if not, the best approximation thereof.

INTERROGATORIES

INTERROGATORY NO. 1:

               To the extent Black Bear's response to any of the Requests for Admission set forth in the accompanying Plaintiffs' First Set of Requests for Admission to Defendant is anything other than an unqualified admission, please (i) state all facts upon which Black Bear's refusal to admit is based; (ii) identify all persons with knowledge of any such facts; (iii) identify all documents that support Black Bear's refusal to admit; and (iv) state all facts supporting Black Bear's Counterclaim.


 

Dated: New York, New York

       February 1, 2002

 

JONES, DAY, REAVIS & POGUE

By:

   Bonnie L. Hemenway (BH-2246)

   Barbra S. Levy (BL-3306)

599 Lexington Avenue

New York, New York 10022

(212) 326-3939

 

 

Of Counsel:

John C. Rawls

JONES, DAY, REAVIS & POGUE

555 West Fifth Street, Suite 4600

Los Angeles, California 90013

(213) 489-3939


CERTIFICATE OF SERVICE

              

BONNIE L. HEMENWAY, declares, pursuant to 28 U.S.C. Section 1746, as follows:

               1.        I am an attorney in the firm of Jones, Day, Reavis & Pogue, counsel for Plaintiffs Starbucks Corporation and Starbucks U.S. Brands Corporation (named herein as "Starbucks U.S. Brands, Inc.").

               2.       On February 1, 2002,1 caused service of true copies of the within Plaintiffs' First Set of Interrogatories to Defendant to be made, by first-class mail, upon:

Michael K. Terry, Esq.

Konowitz & Greenberg

110 Cedar Street, Suite 250

Wellesley Hills, Massachusetts 02481-9527

 

Mark S. Kaufman, Esq.

The Law Offices of Mark S. Kaufman

36 West 44th Street, Suite 900

New York, New York 10036

 

 

Attorneys for Defendant Wolfe's

Borough Coffee, Inc., d/b/a Black

Bear Micro Roastery

 

3.              I declare under penalty of perjury that the foregoing is true and correct.

 

Dated: New York, New York

February 1, 2002

BONNIE HEMENWAY