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`SCHEDULE A
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`DEFINITIONS
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`“All” and “each” shall be construed as both all and each.
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`“Any” shall mean each and every.
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`“And” and “or” shall be construed either disjunctively or conjunctively
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`1.
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`2.
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`3.
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`as necessary to bring within the scope of the discovery request all responses that
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`might otherwise be construed to be outside of its scope.
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`4.
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`“Communication[s]” or “Communicated” shall mean the transmittal of
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`information (in the form of facts, ideas, inquiries or otherwise), including but limited
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`to at in-person meetings, telephonically, by letter, by email, or otherwise.
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`5.
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`“Date” or “Dates” shall mean the exact day, month and year, if
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`ascertainable, or, if not, the best approximation including the relationship to other
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`events.
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`6.
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`“Document” or “Documents” as used herein is employed in the
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`broadest possible sense to include any medium upon which information is recorded
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`or preserved, by whomever generated or received, and means, without limitation,
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`any written, printed, typed, photostatted, photographed, e-mailed, text messaged,
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`instant messages, recorded, taped or otherwise reproduced, communications,
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`information communicated, compilations or reproductions including computer
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`generated or stored information or data, including all copies or drafts of any
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`EFiled: Feb 06 2024 03:21PM EST
`Transaction ID 71964839
`Case No. 2023-0050-SKR
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`document which differs (by annotation or otherwise) in any respect from the
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`original, other recordings, print-outs or compilations from which information can be
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`obtained or, if necessary, translated through detection devices into reasonably usable
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`form.
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`7.
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`“FleetCor” shall refer to FleetCor Technologies, Inc. and its various
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`subsidiaries, including, but not limited to, TA Connections [DE], Inc., Hotel
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`Connections, Inc., HC Advisors, Inc., or Travelliance, Inc., as well as any affiliates,
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`successors, predecessors, agents, officers, directors, employees, assigns, attorneys’
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`and all other persons that have acted, are acting, or purport to act on its behalf,
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`including its attorneys.
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`8.
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`“Relate,” “related to,” or “relating to” shall mean concerning,
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`involving, consisting of, alluding to, referring to, appertaining to, regarding,
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`reflecting, evidencing, having any logical or factual connection with or tending to
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`prove or disprove the matter discussed.
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`9.
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` “Service” or “Services shall be interpreted in the broadest sense
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`possible and includes, but not limited to, any business activity performed for or on
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`behalf of another.
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`10.
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`“You” or “Your” shall refer to The Lexington Hotel, Autograph
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`Collection and its subsidiaries, affiliates, successors, predecessors, agents, officers,
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`directors, employees, assigns, and all other persons that have acted, are acting, or
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`purport to act on its behalf, including its attorneys.
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`11. The use of the singular form of any word includes the plural and vice
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`versa; the use of any verb tense includes all other tenses of the verb so used.
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`INSTRUCTIONS
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`1.
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`This Subpoena applies to all Documents in Your possession, custody
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`or control, regardless of the location of such materials.
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`2.
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`For purposes of this Subpoena, production of a copy, rather than the
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`original, of a Document is acceptable provided the copy is a complete, accurate,
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`legible and unaltered reproduction of the original and the original is made available
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`for inspection and photocopying at a time and place mutually agreed upon by the
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`parties’ attorneys.
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`3.
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`Each Document shall be produced in its entirety, without abbreviation
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`or expurgation, including all attachments or other matters affixed thereto, even if
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`only a portion of the Document relates to the identified subject matter. All
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`Documents that are physically attached to each other shall be produced in that form.
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`Documents that are segregated or separated from other documents, whether by
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`inclusion in binders, files or sub-files, or by the use of dividers, tabs or any other
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`method, shall be produced in that form. Where copies of otherwise identical
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`documents bear additional notations, produce all non-identical copies in their
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`entirety.
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`4.
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`If no Documents exist in response to a numbered request, please so state
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`in writing no later than the date specified for the production of the requested
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`documents.
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`5.
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`If any Document or any portion thereof responsive to any request is
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`withheld from production on the claim of privilege or other immunity from
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`production, including on the grounds of attorney-client privilege or the work-product
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`doctrine, produce all other portions of such Document and a privilege log stating:
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`(a) its author(s) (b) its recipient(s); (c) its date; (d) its nature (i.e., letter,
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`memorandum, etc.) and its subject matter; (e) the number of its pages; and (f) the
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`ground upon which it is being withheld from production.
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`6.
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`All Documents which might impact on the subject matter of this matter
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`shall be preserved and any ongoing process of Document destruction involving such
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`Documents shall cease. If any Document or any portion thereof responsive to any
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`part of this Subpoena has been lost, transferred, mutilated, altered, discarded,
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`destroyed, redacted or is otherwise disposed of or not available at present in whole
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`or in part, (a) identify the Document and (b) state (i) the date of the loss, transfer,
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`mutilation, alteration, discard, destruction, redaction or other disposal of the
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`Document; (ii) the reason for and circumstances surrounding the loss, transfer,
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`mutilation, alteration, discard, destruction, redaction or other disposal of the
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`Document; (iii) the person who lost, transferred, mutilated, altered, discarded,
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`destroyed, redacted or otherwise disposed of the Document; (iv) the identity of the
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`present custodian of the Document, if any; and (v) the location and files where the
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`Document was maintained prior to its loss, transfer, mutilation, alteration, discard,
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`destruction, redaction or other disposal.
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`7.
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`This Subpoena is of a continuing nature. If, after the date and time for
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`document production, additional Documents responsive to the requests set forth
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`herein come within Your possession, custody or control, such additional Documents
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`shall be produced no later than ten (10) days thereafter.
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`8. Where not otherwise indicated, this Subpoena seeks Documents for the
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`period from January 1, 2021 to April 1, 2022.
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`1.
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`2.
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`DOCUMENTS TO BE PRODUCED
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`All invoices that You received from FleetCor during 2021.
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`Documents sufficient to identify all payments made by You to FleetCor
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`during 2021. Please include in Your response documents in Your possession,
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`custody, or control containing information identifying: (a) the invoice associated
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`with the payment; (b) the number of room stays relating to the payment; (c) the
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`date(s) of the room stays; (d) the name of the airline relating to the payment; or (e)
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`the means and method of payment.
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`3.
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`Documents sufficient to identify any and all reductions, credits, and
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`reimbursements to any amount that You owed or paid to FleetCor during 2021.
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`Please include in Your response documents in Your possession, custody, or control
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`relating to the reason for the reduction, credit, and reimbursement.
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`4.
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`Documents sufficient to identify the Services that FleetCor provided to
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`You, or the Service terms between FleetCor and You, relating to the Services that
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`FleetCor provided to You during 2021.
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`5.
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`Documents sufficient to identify any and all communications
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`concerning Requests 1-4.
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`6.
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`To the extent not already provided in connection with Request 5, any
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`and all documents and communications relating to any complaints or other
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`criticisms, whether formal or informal, made to FleetCor by You for Services
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`provided by FleetCor to You during 2021.
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`7.
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`A copy of all agreements, contracts, signed rate sheets, or other
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`documentation memorializing any agreement, arrangement, or understanding
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`between You and any of FleetCor’s business lines that provide hotel, transportation,
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`and/or other travel accommodations, bookings, and/or services, from August 10,
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`2020, through March 31, 2022, inclusive.
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