Heysek Discovery Questions
The main story on Tom Hesek is at:
You should read that first.
These are the discovery questions I used. If Heysek doesn't bring one of the documents, he can easily lose the case. The documents either (1) prove he's responsible or (2) show who is that he is trying to protect, so therefore, he's probably not going to produce them.
If you have any suggested additions, please let me know using the contact link.
Note in California, you can ask for anything that is calculated to lead to the discovery of admissible evidence, i.e., it is super broad and the judges know it and allow it. It is very hard to get a subpoena quashed if you have a good judge.
Justification for these requests:
Heysek refuses to divulge who is responsible for winningstockpicks.net and who sent the faxes. The documents may establish that nobody paid Heysek and he is therefore liable under the TCPA for sending the faxes. The documents identifying the broadcaster will identify other potential Defendants who are liable under the TCPA. Document requests sent to the broadcaster(s) may identify additional Defendants at Winning Stock Picks. The documents should establish that Heysek is an officer of WSP, and, since the faxes were sent by WSP, Heysek is liable.
- Documents prior to July 15 showing contact with Worldwide Picks, LTD or Winning Stock Picks including bank statements showing deposits, e-mails, phone calls, letters, and employment or consulting agreements.
- Any and all documents that identify the fax broadcaster or broadcasters used to send faxes mentioning any company featured on the Winning Stock Picks web site (see attached for additional requests).
- Any document showing the date that Defendant was first contacted by any individual associated with Worldwide Picks, LTD or Winning Stock Picks.
- Any and all brokerage statements in May, June or July 2004 showing trading activity in any stock promoted on winningstockpicks.net (including TWTN, BDYS, AHFI, GBEB aka APNJ, CNDD, SGNJ) in any brokerage or trading account of which Defendant has a beneficial interest
- Any and all bank, brokerage, or other financial institution account statements in which you have a beneficial interest which show any single transaction of more than $4,000 since May 2004.
- Any and all documents showing either the name and/or contact information for any person or entity associated with Worldwide Picks, LTD or Winning Stock Picks.
- Any and all documents in 2004 showing any sources of consulting or employment income from any company.
- Any and all signed employment and/or consulting agreements with winningstockpicks.net
- Produce a copy of all correspondence, contracts, e-mails, letters, invoices, credit card statements, bank statements, or other documents concerning the sending of advertising materials via facsimile.
- Produce a copy of all correspondence, contracts, e-mails, letters, invoices, credit card statements, bank statements, payments, or other documents related to any stock featured Winning Stock Picks since April, 2004.
- Phone billing records for the months of May, June, and July for any and all phones used by you to make or receive telephone calls.
- Any and all documents received from or sent to Concorde America Inc. (CNDD) or any of its officers as part of your profile and promotion of CNDD
- Any and all documents received from or sent to Storage Innovation Technologies (SGNJ) or any of its officers as part of your profile and promotion of SGNJ
- Any and all documents sent to or from Bryan Kos
- Any and all documents associated with making payments on behalf of Worldwide Picks LTD or Winning Stock Picks to yourself or any vendor used by Worldwide Picks LTD or Winning Stock Picks or USPennyStocks.com.
- Any and all documents related to USPennyStocks.com
- Any and all documents related to hotstockpicks.net
- Any and all documents sent to or from Paul Spreadbury
- Any and all documents sent to or from Doug Paulson
- Any and all documents sent to or from Don Oehmke
- Any and all documents sent to or from Jeremy Jaynes
- Any and all documents sent to or from Richard Rutkowski
- Any and all documents sent to or from Howell Woltz
- Any and all documents sent to or from Hartley Lord