Plaintiffs' Interrogatories to Defendant

    lJoel R. Reynold 
Jacqueline Warreow® 

NATURAL RESOURCES DEFENSE COUNCIL 

617 S. Olive Street, Suite 1210 

Los Angeles, CA 90014 
(213) .892-1500 

Jane Perkins 
NATIONAL HEALTH LAW PROGRAM 

2639 S. La Cienega Blvd. 
Los Angeles, CA 90034 
(213) 204-6010 

Stephen Ronfeldt 
Susan Spelletich 
LEGAL AID SOCIETY OF ALAMEDA COUNTY 
1440 Broadway, Suite 700 
Oakland, CA 94612 
(415) 451-9261 

BILL LANN LEE 

KEVIN S. REED 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, 

315 W. 9th Street, Suite 208 
Los Angeles, CA 90015 
(213) 624-2405 

MARK D. ROSENBAUM 

ACLU FOUNDATION OF SOUTHERN CALIFORNIA 

633 South Shatto Place 
Los Angeles, CA 90005 
(213) 487-1720 

Attorneys for Plaintiffs 
(Additional counsel on following page) 

INC. 

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 

ERIKA MATTHEWS; et al., 

Plaintiff, 

vs. 

KENNETH KIZER, 

Defendant. 

V
t
?
 

Ce
t”
 

Su
t?
 
N
t
 

Sa
at
? 

i
”
 

ne
? 

a
?
 

u
t
?
 

“w
t?
 
“
i
t
 

“
w
i
”
 

  

Civ. No. C-90-3620 EFL 

CLASS ACTION 
  

PLAINTIFFS’ 
INTERROGATORIES 
TO DEFENDANT 

[SET ONE] 

   



  

  

  

Edward M. Chen 4 

ACLU FOUNDATION OF NORTHERN CALIFORNIA 

1663 Mission Street, Suite 460 

san Francisco, CA 94103 

(415) 621-2493 

  

 



  

  

  

  

  
  

Pursuant Oe 
33 of the Federal Rul@ly of Civil 

procedure and Local Rule 230-1, plaintiffs hereby request that 

no later than March 11, 1991 defendant Kenneth Kizer, answer 

the following interrogatories
 fully and separately in writing 

and under oath as provided in said rules. The answers should 

pe sent to the offices of the National Health Law Program, 

2639 S. La Cienega Blvd., LOS angeles, CA 90034. The 

following definitions and jnstructions are applicable to all 

interrogatories 
herein. 

DEFINITIONS 

A. The term nyou" refers to defendant herein, his 

respective attorneys, investigators, 
representatives,

 

employees, servants, agents, independent contractors, and all 

persons acting on his behalf in any manner. 

B. The term ndocument" consists of all "documents" 

within the meaning of Fed. R. Civ. P.734 and all "writings and 

recordings” within the meaning of Fed. R. Evid. 1001. 

Cc. The phrase refer or relate,” when used with 

respect to any given subject, means to consist, constitute, 

contain, concern, comprise, embody, reflect, jdentify, state, 

refer to, relate to, pertain to, deal with, or to have any 

logical or factual connection whatsoever with the subject. 

D. The term "person" means any natural person, 

corporation, firm, partnership, administrative 
agency, Or 

other legal entity.             
E. The term “Department” means the Department of           
 



  

  

  

  

|Health Servicesd) ° agents, officers, emplgawees, and any 

persons acting in concert therewith. 

F. The term "State" means the State of California. 

G. The term "Medi-Cal" refers to the California 

Medical Assistance Program, and specifically includes the 

programs known as Early and Periodic Screening, Diagnosis and 

Treatment ("EPSDT") and Child Health and Disability Prevention 

("CHDP"). 

INSTRUCTIONS 
  

A. Where a person is required to be identified, state 

his or her name, present business and home addresses, current 

or last known employer and job classification. 

B. Where a business entity is required to be 

identified, state its name and principal business address. 

C. Where a document is required to be identified, with 

respect to such document: 

(a) state the type of document (e.g., letter, 

financial record, memoranda, telephone log), its date and 

caption, if any, and its present location; and 

(b) identify each person who prepared it, each 

person for whom it was prepared, and each person who currently 

has custody of it. 

D. If you claim a privilege with respect to any 

document and the identification will be otherwise required by 

these interrogatories, with respect to each document for which 

a privilege is claimed: 

  

 



  

  

  

  

(a) @" the date thereof; » 

(b) state sufficient facts to support your claim of 

privilege; and 

(c) identify all persons who participated in the 

document’s preparation and all persons to whom it was 

disclosed, including all recipients thereof. 

INTERROGATORIES 
  

1. Please identify any and all persons who have been 

responsible for determining the Department’s policies on the 

provision of lead blood assessments through the EPSDT and/or 

CHDP Program from January 1, 1985, up until the present and, 

for each person so identified, please describe the nature of 

his or her responsibilities. 

2. Please identify any and all documents that refer or 

relate to lead blood poisoning and/or lead blood assessments 

for Medi-Cal recipients. 

3. Please state the number of providers in the State 

and in each county who have received reimbursement from the 

Medi-Cal program for the provision of lead blood assessments, 

by type of assessment provided, from each year from January 1, 

1985 up until the present. 

4. For each year from January 1, 1985 up until the 

present, please state the number of Medi-Cal recipients in the 

State and in each county, by race and ethnicity, for the 

following age groups: 

(a) birth through 5 years; and 

(b) 6 through 20 years. 

  

 



  

  

  

g. For S 2 year from January 1, a until the 

present, please state the number of Medi-Cal recipients in the 

state and in each county, by race and ethnicity, who received 

erythrocyte protoporphyrin (EP) lead blood assessments for the 

following age groups: 

(a) birth through 5 years; and 

(b) 6 through 20 years. 

6. For each year from January 1, 1985 up until the 

present, please state the number of Medi-Cal recipients in the 

State and in each county, by race and ethnicity, who received 

venous blood lead assessments for the following age groups: 

(a) birth through 5 years; and 

(b) 6 through 20 years. 

7. For each year from January 1, 1985 up until the 

present, please state the number of Medi-Cal recipients aged 

birth through 5 years in the state and in each county, by race 

and ethnicity, who measured lead blood levels: 

(a) less than 10 miligrams/decileter (ug/dl); 

(b) 10-15 ug/dl 

(c) 16-20 ug/dl; or 

(d) 21-25 ug/dl; or 

(e) 26-35 ug/dl; or 

(f) grater than 35 ug/dl. 

8. For each year from January 1, 1985 up until the 

present, please state the number of Medi-Cal recipients aged 6 

through 20 years in the State and in each county, by race and 

ethnicity, who tested, measured lead blood levels: 

  

 



  

    

  
    

  

9. 

(a) @- than 10 miligrams/deci ger (ug/dl); 

(by 10-15 ug/dl 

(cy) 16-20 ug/dl; or 

(dy 21-25 ug/dl; or 

(e) 26-35 ug/dl; or 

(f) grater than 35 ug/dl. 

For each year from January 1, 1985 up until the 

present, please state the number of Medi-Cal recipients in the 

State and in each county, by race and ethnicity, who received 

treatment for lead blood poisoning and include the nature of 

the treatment provided for the following age groups: 

10. 

1-9 above, 

11. 

  

(a) birth thorugh 5 years; and 

(b) 6 through 20 years. 

With regard to your answers to Interrogatory Nos. 

please provide the following information: 

(a) Identify any and all persons who assisted you 

in preparing these answers; and 

(b) Identify any and all documents upon which you 

relied in preparing these answers. 

Please identify the person(s) whom you consider tO 

be the most knowledgeable regarding the EPSDT and/or CHDP 

// 

// 

// 

// 

// 

// 

  

  

   



{Programs and leffplood assessments in the ® and in each 

  

county. 

Date: February 8, 1991 Natural Resources Defense Council 

National Health Law Program 

NAACP - Legal Defense and 

Educational Fund, Inc. 

ACLU of Southern California 

ACLU of Northern California 

  

7 By: 3   
ane Perkins 

Attorney for Plaintiffs 

  

    
 



  

  

  

  

  

é CERTIFICATE OF SERIE 

I, Valerie Zachary, declare: 

I am over the age of 18 years and not a party to the within 

action. My business address is 2639 S. La Cienega Blvd., Los 

Angeles, CA 90034. 

On February 8, 1991, I served the within PLAINTIFFS’ 

INTERROGATORIES TO ALL DEFENDANTS [SET ONE] on defendants by 

depositing same in the U.S. Mails at Los Angeles, California, in a 

sealed, postage-paid envelope, addressed as follows: 

Harlan E. Van Wye 
Deputy Attorney General 

State of California 
Department of Justice 
2101 Webster Street 
Oakland, CA 94612-3049 

Linda Jane Slaughter 
State of California 
Department of Health Services 
Office of Legal Services 
714 P Street, Room 1216 
Sacramento, CA 95814 

California. 

I declare under penalty of perjury that the foregoing is 

true and correct.