Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 80 of 123 PageID: 4263 (information about the Document or file that is recorded by the computer to assist the computer and often the user in storing and retrieving the Document or file at a later date); (c) replicant data (data which is automatically created and retained by various systems, including automatic backup files generated by operating systems); (d) backup data (found in backup and archival or legacy data files); and (e) residual data (deleted files and data fragments not yet overwritten) of any kind which are in Your actual or constructive possession, custody or control or known or believed by You to exist or to have existed. Electronic Data is deemed to be or to have been in Your if You now have or have had the right to secure or obtain the document or a copy “control” thereof on demand from another Person or governmental entity having actual physical possession thereof. means all information of any kind of which You are aware “Factual Basis” whether such information is admissible or inadmissible in evidence. A response setting forth the shall include the name and address of any such Persons involved, the “Factual Basis” identification of any Documents involved, the time and date of the described circumstances, the name and address of any witnesses to the circumstances described, and an exhaustive description of the circumstances and factual aspects of the subject of inquiry. All written statements pertaining to the factual basis as defined in this paragraph must be identified in your response. To or the or a Person, if that Person is “identify,” “state identity of” “to describe” a natural Person, means to state: His or her name and all other names by which he or she is known; His or her present or last known resident address and telephone number; His or her present or last known business address and telephone number; and His or her present or last known occupation, position, and business affiliation.
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 80 of 123 PageID: 4263 (information about the Document or file that is recorded by the computer to assist the computer and often the user in storing and retrieving the Document or file at a later date); (c) replicant data (data which is automatically created and retained by various systems, including automatic backup files generated by operating systems); (d) backup data (found in backup and archival or legacy data files); and (e) residual data (deleted files and data fragments not yet overwritten) of any kind which are in Your actual or constructive possession, custody or control or known or believed by You to exist or to have existed. Electronic Data is deemed to be or to have been in Your “control” if You now have or have had the right to secure or obtain the document or a copy thereof on demand from another Person or governmental entity having actual physical possession thereof. “Factual Basis” means all information of any kind of which You are aware whether such information is admissible or inadmissible in evidence. A response setting forth the “Factual Basis” shall include the name and address of any such Persons involved, the identification of any Documents involved, the time and date of the described circumstances, the name and address of any witnesses to the circumstances described, and an exhaustive description of the circumstances and factual aspects of the subject of inquiry. All written statements pertaining to the factual basis as defined in this paragraph must be identified in your response. To “identify,” or “state the identity of” or “to describe” a Person, if that Person is a natural Person, means to state: His or her name and all other names by which he or she is known; His or her present or last known resident address and telephone number; His or her present or last known business address and telephone number; and His or her present or last known occupation, position, and business affiliation.
212-Letter-of-Gerald-A-Marks-in-Response-to-Letter-Seeking-Stay-1-1-29-15.docx