Fill and Sign the 1defendants Initially Asked the Court to Compel Responses to Form

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI AND PLAINTIFFS VS. NO. DEFENDANT PLAINTIFFS' ANSWERS TO DEFENDANT'SFIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS COME NOW Plaintiffs and respond to defendant's First Set of Interrogatories and First Request for Production of Documents as follows: I. DEFINITIONS AND INSTRUCTIONS Section I requires no response from Plaintiffs. II. INTERROGATORIES INTERROGATORY NO. 1: Identify all acts or omissions that you contend support your claims of misrepresentation (including all dates of such misrepresentations), identify the person, document or other manner in which each claimed misrepresentation was made, and al so provide a detailed description of the following: (a) Why you claim the misrepresentation was false and material;(b) how and when you first that the misrepresentation was misleading or false and any investigations you undertook or which anyone undertook for you to determine whether the misrepresentations were true; (c) The facts that support your claim that the misrepresentation was known by to be false, at the time it was made and how hid this from you; (d) The facts that establish that knew or should have known the truth with respect to the matters which were the subject of each misrepresentation; (e) The facts supporting your claim that you reasonably relied on the misrepresentations and all actions taken by you as a result of discovering the misrepresent ation: and (f) The identity of all documents known to you that embody or contain information about the alleged misrepresentation or that embody or contain information contained in the answer to this interrogatory and for each document identified, specify the exact location of the alleged misrepresentation and include page and paragraph numbers where applicable. ANSWER: (a) ; (b) . (c) . (d) . (e) . (f) . INTERROGATORY NO. 2: In relation to your claims of fraud for each of the alleged fraudulent acts by provide a description of the following: (a) The alleged fraudulent act or omission; (b) Why you contend that the act or omission was false or fraudulent and if the alleged act or omission involves the duty to disclose, please by detailed explain the nature of this duty, described by assumed this duty; and identify the facts supporting your claim that breached this duty; (c) How you relied on the alleged act; (d) Why you contend that your reliance was reasonable; and (e) The identity of all documents known to you that embody or contain information about the alleged fraud or that embody or contain information contained in the answer t o this interrogatory, and for each document identified, specify the exact location of the al leged fraudulent statement and include paragraph and page number where applicable. ANSWER: (a) . (b) . (c) . (d) . (e) . INTERROGATORY NO. 3: Explain in detail and identify the facts that support your claims that acted in bad faith or in a clandestine manner or otherwise acted in a way i n which it did not meet the standard of duty owed to its subscribers. ANSWER: . INTERROGATORY NO. 4: Explain in detail and identify the facts that support your claim that acted intentionally, willfully, or in a grossly negligent manner. ANSWER: . INTERROGATORY NO. 5: Explain in detail the facts that support your claim that there was a contract between and Plaintiff. Was this contract written, oral, expressed or implied? ANSWER: . INTERROGATORY NO. 6: Explain in detail the facts supporting your claim that breached the purported agreement and identify (include page and paragraph numbers where applicable) the specific provisions of the alleged agreement breached by . ANSWER: . . INTERROGATORY NO. 7: Identify each cause of action alleged by you in your Complaint and provide a detailed description of the facts that support each claim. ANSWER: . INTERROGATORY NO. 8: Explain in detail the facts that support your allegations that the payment agreements executed by either caused your premium payments to increase or resulted in your contributions for medical expenses to increase, and for each named Plai ntiff specify the amount of increase, and how it is related to the payment agreements. ANSWER: . INTERROGATORY NO. 9: Identify (include dates and times) each communication that you have had with concerning the subject matter of your Complaint and for each communication provide the following: (a) A description of the type of communication, whether written, oral or some other type; (b) A description of the nature of the communications and the name, address, telephone number of the personnel with whom you communicated; and (c) If you contend that this communication supports your claims, please identify the claim and describe the basis for your contention. ANSWER: . INTERROGATORY NO. 10: Identify each person you intend to call as an witness at the trial of this case and state the subject matter on which the is expected t o testify, the substance of the facts and opinions to which the is expected to testify, and a summary of the grounds for e ach opinion. ANSWER: . INTERROGATORY NO. 11: Identify each expert you have retained or employed, who you do not expect to call as a witness in the trial, and state the subject ma tter on which the expert was expected to testify, the substance of the facts and opinions to which the expert was expected to testify, and a summary of the grounds for each opinion upon which the expert was to have testified. ANSWER: . INTERROGATORY NO. 12: Explain in detail the facts that support each of Plaintiffs' demands for relief, and for each of your causes of action identified in Interrogatory No.7, spec ify the type of relief sought for each cause of action and list the monetary amounts which allegedly owes Plaintiffs under each of these theories of recovery. ANSWER: . INTERROGATORY NO. 13: For each of the different types of subscribers expert to plans (e.g., federal government employees, state government employees, employees of private businesses, and individual subscribers), explain: (a) How each of these types of potential plaintiffs possess the same interest and suffered the same injuries as the rest of the class; (b) How the questions of law in each of these different types of potential plaintiffs' causes of action will be common; (c) How the questions of fact in each of these different types of potential plaintiffs' causes of action will be common; (d) How the facts and evidence contained in each of these different types of potential plaintiffs' claims are typical of the putative class; and (e) How the class is so numerous that joiner of all members is impracticable. ANSWER: . INTERROGATORY NO. 14: If you are withholding from production any document that is identified in your answers to these interrogatories or that is responsive to 's First Request for Production of Documents and Things, identify each such document and explain in detail the basis for your determination to withhold it from production. ANSWER: . INTERROGATORY NO. 15: Identify each person having knowledge of any facts that support your answers to these interrogatories and all facts that support your Complaint. ANSWER: . INTERROGATORY NO. 16: Identify each person providing information used to respond to these interrogatories. ANSWER: . REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST NO.1: All documents and things which embody, evidence, or contain information about the terms of any contract or agreement (formal or informal) between you a nd . RESPONSE: . REQUEST NO.2: All documents and things which embody, evidence, or contain information about the terms of any contract or agreement (formal or informal) between you a nd . RESPONSE: . REQUEST NO.3: All documents and things, which embody, contain, refer to, or otherwise contain information concerning your allegations of fraud. RESPONSE: . REQUEST NO.4: All documents and things which embody, contain, refer otherwise contain information about any alleged collusion on the part of . RESPONSE: . REQUEST NO.5: All documents and things, which support your request for injunctive relief, restitution, unjust enrichment, and accounting. RESPONSE: . REQUEST NO.6: All documents and things which embody, contain, refer to, or otherwise contain information about your claims that you paid higher premium payments or paid more for medical expenses than you would have but for 's payment arrangements with Mississippi hospitals. RESPONSE: . REQUEST NO.7: All documents and things which embody, contain, refer to, or otherwise contain information concerning your claims that is guilty of malicious, intentional, or willful misconduct. RESPONSE: . REQUEST NO.8: All documents and things which embody, contain, refer to, or otherwise contain information about your claims that has breached an alleged duty of good faith and fair dealing to you and otherwise acted in bad faith. RESPONSE: . REQUEST NO.9: All documents and things containing information about, supporting, embodying, or otherwise containing information concerning any of your interrogatory answers. RESPONSE: . REQUEST NO.10: All documents and things, which embody, contain, refer to, or otherwise contain information concerning any allegation in your Complaint or any cause of action specified in Interrogatory Number 7 of these discovery requests. RESPONSE: . REQUEST NO. 11: All documents and things which embody, memorialize, or contain information about and communication which took place between you and or any of its representatives, agents, employees, officers, or other affiliated person. RESPONSE: . REQUEST NO.12: All statements, reports, recordings, affidavits, depositions, or other factual narratives which include or relate to any of the facts alleged by you in this action, or to any of the facts specified in any of the interrogatories serving currently with these requests. RESPONSE: . REQUEST NO.13: All documents reviewed (including any work papers), or to be used, by any expert retained by Plaintiffs in rendering an expert opinion in this cause of action. RESPONSE: . REQUEST NO.14: All documents reviewed by any expert retained by you, but whom you do not plan to call at this trial. RESPONSE: . REQUEST NO.15: All documents that support your claim that the proposed class action should be certified and that Plaintiffs are adequate representative of the putative class. RESPONSE: . Respectfully submitted, _______________________________________ Attorney for Of Counsel: Telephone: MSB # Attorney for