HLF Requests For Admission, BOSTICK Case.

EXHIBIT A
EXHIBIT A
Case 2:13-cv-02488-BRO-RZ Document 70-2 Filed 06/02/14 Page 1 of 19 Page ID #:1075
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DEFENDANTS FIRST SET OF
REQUESTS FOR ADMISSIONS TO
PLAINTIFF DANA BOSTICK

BOIES, SCHILLER & FLEXNER LLP
J onathan D. Schiller (admitted pro hac vice)
jschiller@bsfllp.com
William S. Ohlemeyer (admitted pro hac vice)
wohlemeyer@bsfllp.com
J onathan Sherman (admitted pro hac vice)
jsherman@bsfllp.com
575 Lexington Avenue
New York, NY 10022
Telephone: 212-446-2300
Facsimile: 212-446-2350

David L. Zifkin (SBN 232845)
dzifkin@bsfllp.com
401 Wilshire Boulevard, Suite 850
Santa Monica, CA 90401
Telephone: 310-752-2400
Facsimile: 310-752-2490

Attorneys for Defendants Herbalife International of America, Inc., Herbalife
International, Inc., and Herbalife Ltd.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DANA BOSTICK, a California citizen on
behalf of himself and all others similarly
situated, and on behalf of the general
public,
Plaintiff,

v.

HERBALIFE INTERNATIONAL OF
AMERICA, INC., a Nevada Corporation,
HERBALIFE INTERNATIONAL, INC.,
a Nevada Corporation, HERBALIFE
LTD., a Cayman Islands Corporation,

Defendants.
Case No. 13-cv-02488 BRO (RZx)

REQUESTS FOR ADMISSIONS
TO PLAINTIFF DANA BOSTICK

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PROPOUNDING PARTIES: DEFENDANTS HERBALIFE
INTERNATIONAL OF AMERICA, INC.;
HERBALIFE INTERNATIONAL, INC.;
HERBALIFE LTD.
RESPONDING PARTY: PLAINTIFF DANA BOSTICK
SET: SET ONE, Nos. 1- 84

DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF DANA BOSTICK
Pursuant to Rules 26 and 36 of the Federal Rules of Civil Procedure, and the
Local Rules of the United States District Court for the Central District of
California, please specifically admit or deny each of the following Requests for
Admission within 30 days. In accordance with Federal Rule of Civil Procedure 26,
the failure to respond to a Request for Admission within 30 days of service shall
constitute an admission of such Request.
DEFINITIONS
Each of these definitions applies to and is incorporated into these requests,
and instructions, and each of the other definitions (collectively, the Requests).
1. The terms Bostick, You, and Your mean Plaintiff Dana Bostick,
including any of his present and former agents, representatives, attorneys, partners,
or any other person or entity acting under his control or on his behalf.
2. The terms counsel refers to any attorneys or employees of Fabian &
Clendenin or Foley Bezek Behle & Curtis LLP.
3. The terms Herbalife and Defendants mean Defendants Herbalife
International of America, Inc., Herbalife International, Inc. and Herbalife Ltd.,
including any of their present and former officers, directors, employees, agents,
representatives, attorneys, principals, partners, managers, predecessors, successors,
subsidiaries, corporate parents, divisions, affiliates, or any other person acting
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under their control or on their behalf.
4. The term Pershing Square Person means Pershing Square Capital
Management and any present or former directors, officers, executives, partners,
principals, trustees, employees, agents, attorneys, accountants, advisors and
representatives, or any other person(s) known, believed, or suspected to be acting or
purporting to act on its behalf, now or at any previous time since J anuary 1, 2010,
including but not limited to William Ackman and Sullivan & Cromwell LLP.
5. The term Prospective Plaintiff means any person who has considered
bringing claims in this Action or a related action or who has had communications
with Bostick, Bosticks counsel, or anyone else about bringing claims in this Action
or a related Action, including but not limited to Ana Buitron, Lynda Lewis, Chester
Cote, Beverly Molnar, J udi Trotter and Anita Vasco.
6. The term Media refers to media companies, television channels (e.g.,
ABC, NBC, CBS, Fox News, CNN, MSNBC), newspapers (e.g., New York Times,
Wall Street J ournal), magazines, Internet publications, and members of the press,
including but not limited to reporters, producers, executives, interns, or their agents,
attorneys, employees or representatives.
7. The term Giovanni Bohorquez means Giovanni Bohorquez and any of his
present and former agents, representatives, attorneys, partners, or any other person
or entity acting under his control or on his behalf.
8. The term Action means Bostick v. Herbalife Intl of America, Inc., et al.,
Case No. 13-cv-02488 BRO (RZx), pending in the United States District for the
Central District of California.
9. The term Complaint means the complaint filed in the Action.
10. The terms Product or Products refers to Herbalifes entire line of
weight management, healthy meals and snacks, sports and fitness, energy and
targeted nutritional products as well as personal care products, as well as any other
items sold by Herbalife to retail customers or distributors.
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11. The term agreement means any written or oral agreement, contract,
promise, or other expression of agreement, including but not limited to any promise
or assurance to pay for litigation fees, expenses or costs, or indemnification.
12. The terms communication and communications mean the transmittal of
information (in the form of facts ideas, inquiries or otherwise).
13. The terms concerning and related to mean concerning, relating to,
referring to, describing, evidencing, reflecting, or constituting.
14. Initial Disclosures means Your initial disclosures in this Action.
15. The term person is defined as any natural person or any legal entity,
including, without limitation, any business or governmental entity or association.
16. The terms all, any, and each shall each be construed as encompassing
any and all.
17. The connectives and and or shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all
responses that might otherwise be construed to be outside of its scope.
REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1:
Admit that Bostick reviewed the Agreement of Distributorship attached as
Exhibit I to the Complaint prior to signing it (as alleged in paragraph 50 of the
Complaint).
Admit that Bostick reviewed a Statement of Average Gross Compensation of
U.S. Supervisors for 2012 prior to entering into the Agreement of Distributorship
attached as Exhibit I to the Complaint.
Admit that Bostick reviewed the Statement of Average Gross Compensation of
U.S. Supervisors in the Sales and Marketing Plan and Business Rules that he
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received (as alleged in paragraphs 23 and 49 of the Complaint) prior to entering
into the Agreement of Distributorship attached as Exhibit I to the Complaint.
Admit that Bostick reviewed the Statement of Average Gross Compensation of
U.S. Supervisors identified in paragraph 3.e. of the Agreement of Distributorship
attached as Exhibit I to the Complaint (Ex. I, page 2 of 5) prior to entering into that
agreement.
Admit that Bostick relied on information other than that contained in the
Statement of Average Gross Compensation of U.S. Supervisors that he received (as
alleged in paragraph 23 of the Complaint) in deciding to enter into the Agreement
of Distributorship attached as Exhibit I to the Complaint.
Admit that Bostick reviewed the Rules of Conduct and Distributor Policies
identified in paragraph 2 of the Agreement of Distributorship attached as Exhibit I
to the Complaint (Comp., Ex. I, page 1 of 5) prior to entering into that agreement.
Admit that Bostick reviewed the IBP and the materials in the IBP that he
received (as alleged in paragraph 49 of the Complaint) prior to entering into the
Agreement of Distributorship attached as Exhibit I to the Complaint.
Admit that Bostick reviewed the Sales and Marketing Plan and Business Rules
that he received (as alleged in paragraphs 23 and 49 of the Complaint) prior to
signing the Agreement of Distributorship attached as Exhibit I the Complaint.
Admit that Bostick reviewed the magazine, Live the Good Life! Herbalife, that
he received (as alleged in paragraph 49 of the Complaint) prior to entering into the
Agreement of Distributorship attached as Exhibit I to the Complaint.
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Admit that Bostick reviewed the Your Business Basics workbook that he
Agreement of Distributorship attached as Exhibit I the Complaint.
Admit that Bostick reviewed the Using and Retailing Your Products
workbook that he received (as alleged in paragraph 49 of the Complaint) prior to
entering into the Agreement of Distributorship attached as Exhibit I the Complaint.
Admit that Bostick reviewed the Building Your Business workbook that he
Agreement of Distributorship attached as Exhibit I the Complaint.
Admit that Bostick is the owner of True Professionals, Inc.
Admit that Bostick is an inspector at True Professionals, Inc.
Admit that Bostick is a thermographer at True Professionals, Inc.
Admit that Bostick is the founder of Wealth Masters.
Admit that Bostick is a referral agent at Wealth Masters.
Admit that Bostick is the owner of The Good Money Life website
(http://thegoodmoneylife.com/The-Good-Money-Life-for-YOU.php).
Admit that Bostick is the webmaster of The Good Money Life blog
(http://www.thegoodmoneylife.blogspot.com/).
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Admit that Bostick is the author of The Good Money Life blog
(http://www.thegoodmoneylife.blogspot.com/).
Admit that Bostick is the owner of Magic Leak Finders.
Admit that Bostick is the owner of Thermaldiagnostics.com (http://thermal-
diagnostics.com/Home.php).
Admit that Bostick participated in Empower Network.
Admit that Bostick participated in Ad Click Xpress.
Admit that Bostick participated in Profit-Clicking.
Admit that Bostick participated in Instant Money Team.
Admit that Bostick participated in Free Treasure Chest.
Admit that Bostick participated in Zeek Rewards.
Admit that Bostick participated in Brent Millers $18,000 in 3 months challenge.
Admit that Bostick has founded a referral agent training site.
Admit that Bostick was the owner of the Masterofbuzzs Blog.
(http://masterofbuzz.wordpress.com/about/).

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Admit that Bostick was the webmaster of the Masterofbuzzs Blog.
Admit that Bostick was the author of the Masterofbuzzs Blog.
Admit that Bostick was the owner of www.danabostick.com.
Admit that Bostick was the webmaster of www.danabostick.com.
Admit that Bostick was the author of www.danabostick.com.
Admit that Bostick did not speak to any Herbalife employees prior to entering
into the Agreement of Distributorship attached as Exhibit I to the Complaint.
Admit that Bostick purchased Herbalife products primarily to earn monthly and
residual income.
Admit that a person was not required to purchase anything other than a mini-IBP
or IBP to become an Herbalife distributor during the period between April 1, 2009
and April 8, 2013.
Admit that Herbalife distributors could not earn commission on the sale of a
mini-IBP or IBP during the period between April 1, 2009 and April 8, 2013.
Admit that Herbalife offered a one-year return policy on all purchases of
Herbalife products (not including IBPs or mini-IBPs) during the period between
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April 1, 2009 and April 8, 2013.
Admit that Herbalifes rules prohibited its distributors from soliciting Herbalife
products on the Internet during the period between April 1, 2009 and April 8, 2013.
Admit that Herbalifes rules prohibited its distributors from receiving bids for
Herbalife products on the Internet during the period between April 1, 2009 and
April 8, 2013.
Admit that Herbalifes rules prohibited distributors from offering Herbalife
products for sale at a fixed price on the Internet during the period between April 1,
2009 and April 8, 2013.
Admit that Herbalife distributors could become Supervisors without
accumulating an inventory of Herbalife products during the period between April 1,
2009 and April 8, 2013.
Admit that Herbalife distributors could become Supervisors without making
large purchases of Herbalife products during the period between April 1, 2009 and
April 8, 2013.
Admit that Bostick purchased more Herbalife product than he was confident he
could consume or resell within a reasonable period of time.
Admit that, at the time Bostick signed the Agreement of Distributorship attached
as Exhibit I to the Complaint, he believed that Herbalife promised he would earn a
profit as a distributor of Herbalife products as long as he worked hard to build his
business.
Case 2:13-cv-02488-BRO-RZ Document 70-2 Filed 06/02/14 Page 10 of 19 Page ID
#:1084
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Admit that Herbalife included a Statement of Average Gross Compensation in
every IBP and mini-IBP during the period between April 1, 2009 and April 8, 2013.
Admit that the Statement of Average Gross Compensation of U.S. Supervisors
in the Sales and Marketing Plan and Business Rules that Bostick received (as
alleged in paragraphs 23 and 49 of the Complaint) states that it does not include
amounts distributors earned on sales of Herbalife products to others.
Admit that the Statement of Average Gross Compensation of U.S. Supervisors
in the Sales and Marketing Plan and Business Rules that Bostick received (as
alleged in paragraphs 23 and 49 of the Complaint) reflects that most distributors
receive less than $1,000 annually in compensation directly from Herbalife.
Admit that Bostick relied on statements made by Eugene Rudolph in deciding to
become an Herbalife distributor.
Admit that Bostick relied on statements made by J ohn Murphy in deciding to
become an Herbalife distributor.
Admit that Bostick relied on statements made in the Internet Business Starter
Pack attached to his Complaint as Exhibits D and E in deciding to become an
Herbalife distributor.
Admit that Bostick recruited Roger Lokey as an Herbalife distributor.
Admit that Bostick never returned any unsold product before filing his
Complaint in this Action.
#:1085
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Admit that Bostick consumed, gave away to family members, or sold all of the
Herbalife product that he purchased.
Admit that Herbalife never made a promise to Bostick that Herbalife would not
make a profit on shipping fees on Bosticks purchases of Herbalife products.
Admit that Herbalife never made a promise to Bostick that Herbalife would not
make a profit on packaging and handling fees on Bosticks purchases of Herbalife
products.
Admit that Bostick ordered Herbalife products that shipped directly to one of
Bosticks customer.
Admit that Bosticks wife, Kathy Bostick, lost a civil suit to Asset Acceptance
for $6,943 in 2004.
Admit that Bosticks wife, Kathy Bostick, had a tax lien for $9,558 entered
against her in 2007.
Admit that Bostick or his counsel has had communications with at least one
Pershing Square Person related to the Action.
Admit that Bostick or his counsel has reached an agreement with at least one
Pershing Square Person related to the Action, including but not limited to any
promise or assurance by any Pershing Square Person to pay for litigation fees,
expenses or costs, indemnification, or assistance with litigating the Action.

#:1086
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Pershing Square Person concerning the initiation of the Action.
Pershing Square Person concerning the outcome of the Action.
Admit that Bostick or his counsel has shared information related to the Action
with the Media.
Admit that at least one Pershing Square Person has directed Bostick or his
counsel to the Media in connection with the Action.
Admit that at least one Pershing Square Person and Bostick or his counsel have
had communications related to contacting the Media about the Action.
Admit that Bostick or his counsel has had communications with Giovanni
Bohorquez.
Pershing Square Person concerning one or more Prospective Plaintiffs in the
Action.
Pershing Square Person concerning Ana Buitron.
Pershing Square Person concerning Lynda Lewis.
#:1087
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Pershing Square Person concerning Chester Cote.
Pershing Square Person concerning Beverly Molnar.
Pershing Square Person concerning J udi Trotter.
Pershing Square Person concerning Anita Vasco.
Admit that each of the above-named Prospective Plaintiffs communicated with
Bostick before agreeing to attempt to be added as a named plaintiff in the Action.
Admit that one or more Prospective Plaintiffs communicated with at least one
Pershing Square Person before agreeing to attempt to be added as a named plaintiff
in the Action.
Admit that the Complaint states that Bostick relied on representations about
financial results.
Admit that Bostick or his counsel has had communications with non-parties to
the Action regarding Herbalifes share price.
Admit that Bostick or his counsel has established a short position in Herbalife
stock.
#:1088
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Admit that Bostick has previously filed for bankruptcy.
Admit that Bosticks counsel has invested over one million dollars in litigating
the Action.

DATED: April 25, 2014

/s/ J onathan Sherman
J onathan D. Schiller (admitted pro hac vice)
J onathan Sherman (admitted pro hac vice)
New York, NY 10022
Tele: 212-446-2300
Fax: 212-446-2350
jsherman@bsfllp.com

401 Wilshire Blvd., Suite 850
Tele: 310-752-2400
Fax: 310-752-2490
dzifkin@bsfllp.com

Attorneys for Defendants Herbalife
International of America, Inc., Herbalife
International, Inc., and Herbalife, Ltd.

#:1089
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PROOF OF SERVICE
Jonathan D. Schiller (admitted pro hac vice)
Jonathan Sherman (admitted pro hac vice)
jsherman@bsfllp.com
New York, NY 10022
Telephone: 212-446-2300
Facsimile: 212-446-2350
dzifkin@bsfllp.com
401 Wilshire Boulevard, Suite 850
Telephone: 310-752-2400
Facsimile: 310-752-2490
Attorneys for Defendants Herbalife International of America, Inc., Herbalife
International, Inc., and Herbalife Ltd.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
DANA BOSTICK, a California citizen on
behalf of himself and all others similarly
situated, and on behalf of the general
public,
Plaintiff,
v.
HERBALIFE INTERNATIONAL OF
AMERICA, INC., a Nevada Corporation,
HERBALIFE INTERNATIONAL, INC.,
a Nevada Corporation, HERBALIFE
LTD., a Cayman Islands Corporation,
Defendants.
Case No. 13-cv-02488 BRO (RZx)
PROOF OF SERVICE
#:1090
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PROOF OF SERVICE
PROOF OF SERVICE
I, the undersigned, declare as follows:
I am employed in the County of Los Angeles, State of California. At the
time of service I was over 18 years of age and not a party to this action. My
business address is 401 Wilshire Boulevard, Suite 850, Santa Monica, CA 90401.
I served the following document(s):
DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSIONS TO
I served the documents on the persons below, as follows:
SEE ATTACHED SERVICE LIST
The documents were served by the following means:
By personal service. I personally delivered the documents to the
persons at the addresses listed above. (1) For a party represented by an
attorney, delivery was made to the attorney or at the attorney's office by
leaving the documents in an envelope or package clearly labeled to
identify the attorney being served with a receptionist or an individual in
charge of the office. (2) For a party, delivery was made to the party or
by leaving the documents at the party's residence with some person not
less than 18 years of age between the hours of eight in the morning and
six in the evening.
By United States mail. I enclosed the documents in a sealed envelope
or package addressed to the persons at the addresses listed above and:
deposited the sealed envelope with the United States Postal
Service, with the postage fully prepaid.
placed the envelope for collection and mailing, following our
ordinary business practices. I am readily familiar with this
business's practice for collecting and processing correspondence
for mailing. On the same day that correspondence is placed for
collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service, in a sealed
envelope with postage fully prepaid.
I am employed in the county where the mailing occurred. The envelope
or package was placed in the mail in Santa Monica, California.
By overnight delivery. I enclosed the documents in an envelope or
package provided by an overnight delivery carrier and addressed to the
persons at the addresses listed above. I placed the envelope or package
for collection and overnight delivery at an office or a regularly utilized
drop box of the overnight delivery carrier.
#:1091
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PROOF OF SERVICE
By messenger service. I served the documents by placing them in an
envelope or package addressed to the persons at the addresses listed
above and/or by electronically transmitting the documents and
providing them to a professional messenger service for service. [A
declaration by the messenger must accompany this Proof of Service
or be contained in the Declaration of Messenger below.]
By fax transmission. Based on an agreement of the parties to accept
service by fax transmission, I faxed the documents to the persons at the
fax numbers listed above. No error was reported by the fax machine
that I used. A copy of the record of the fax transmission, which I
printed out, is attached.
By e-mail or electronic transmission. I caused the documents to be
sent to the persons at the e-mail addresses listed above.
(STATE) I declare under penalty of perjury under the laws of the

State of California that the above is true and correct and
that the foregoing document(s) were printed on recycled
paper.
(FEDERAL) I declare that I am employed in the office of a member of

the bar of this court at whose direction the service was
made.
Executed on April 25, 2014, in Santa Monica, California.
___________________________
Joseph Lasher
#:1092
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PROOF OF SERVICE
SERVICE LIST
FABIAN & CLEDENIN, P.C.
Philip D. Dracht, Esq.
pdracht@fabianlaw.com
Jason W. Hardin
jhardin@fabianlaw.com
Scott M. Petersen, Esq.
spetersen@fabianlaw.com
smcnett@fabianlaw.com
215 South State Street, Suite 1200
Salt Lake City, UT 84151-0210
Telephone: (801) 531 8900
Facsimile: (801) 596 2814
Counsel for Plaintiff
FOLEY BEZEK BEHLE & CURTIS, LLP
Thomas G. Foley, Jr., Esq.
tfoley@foleybezek.com
Justin P. Karczag, Esq.
jkarczag@foleybezek.com
Robert A. Curtis, Esq.
rcurtis@foleybezek.com
Aaron L. Arndt, Esq.
aarndt@foleybezek.com
Kevin D. Gamarnik, Esq.
kgamarnik@foleybezek.com
cconnors@foleybezek.com
15 West Carrillo Street
Santa Barbara, CA 93101
Telephone: (805) 962 9495
Facsimile: (805) 962 0722
Counsel for Plaintiff
#:1093

HLF Requests For Admission, BOSTICK Case.

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EXHIBIT A

(STATE) I declare under penalty of perjury under the laws of the

(FEDERAL) I declare that I am employed in the office of a member of

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