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EXHIBIT 2
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

PETER ROSE,
C.A. No. 2:16-cv-03681-PBT
ECF case
Plaintiff,
V.

JOHN DOWD,

Defendant.

PLAINTIFF'S RESPONSE TO DEFENDANT'S

FIRST SET OF INTERROGATORIES

Plaintiff Peter Rose ("Plaintiff' or "Rose"), by his attorneys, Eaton & Van Winkle

LLP and the Law Offices of August J. Ober, IV & Assoc., pursuant to Rule 33 of the

Federal Rules of Civil Procedure ("FRCP"), responds to Defendant John Dowd's

("Defendant" or "Dowd") first set of interrogatories (the "Interrogatories") as follows:

GENERAL OBJECTIONS AND INSTRUCTIONS

I. Plaintiff objects to the Interrogatories to the extent they seek the disclosure

of confidential, competition-sensitive, financial or proprietary business information.

2. Plaintiff objects to the Interrogatories to the extent that they are vague,

overbroad, unintelligible, vexatious, redundant, duplicative, unduly burdensome,

harassing, oppressive, or seek. information that is not relevant to any party's claim or

defense.

3. Plaintiffs answers to the Interrogatories are based upon his knowledge

and best recollection, upon a reasonable inquiry made to date, and upon such information

as is readily obtainable at this stage of the litigation, and Plaintiff hereby expressly limits

his answers to such knowledge, recollection and information as he has at this time.
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4. Plaintiff expressly reserves his right under FRCP 26(e) to supplement or

correct his responses.

SPECIFIC OBJECTIONS AND RESPONSES

INTERROGATORY NO. 1: Describe your sexual relationship with .

Response: Plaintiff objects to this Interrogatory, and each of its following

fourteen subparts, as vague, overbroad, vexatious, harassing, and seeking

information that is not relevant to any party's claim or defense. Notwithstanding

the foregoing objections: We had some form of "Sex" and, I believe but do not

recall, some degree of "Other sexual conduct", which sexual relationship began

sometime in 1975. 1 It was consensual.

Subparts:
a) include when your sexual relationship with began.

Response: See response to Interrogatory No. 1.

b) include how it began.

Response: I do not recall.

c) include where it began.

Response: I do not recall.

d) include how long it lasted.

Response: I do not recall.

e) include who knew about it.

Response: I do not recall.

' Capitalized but undefined terms have the meanings ascribed to them in Defendant's
Interrogatories.
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f) include where you first met her.

Response: I do not recall.

g) include who introduced you to her.

Response: I do not recall.

h) include how old she was when you first met her.

Response: I do not recall.

i) include how old she was when you first had sex with her.

Response: Based upon my information and belief at that time, she was

sixteen years of age.

j) include how old she was when you first engaged in other sexual conduct with
her.
Response: Based upon my information and belief at that time, she was

sixteen years of age.

k) include how often you had sex or engaged in other sexual conduct with her.

Response: I do not recall.

1) include where you had sex or engaged in other sexual conduct with her.

Response: My recollection is that it was only in the greater Cincinnati,

Ohio region.

m) include the type of sex that you had with her.

Response: I do not recall any Sex other than vaginal sex.

n) include the type of other sexual conduct in which you engaged with her.

Response: I do not recall.

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INTERROGATORY NO. 2: Identify every person with whom you have had sex or
engaged in other sexual conduct since you turned 18.

Response: Plaintiff objects to this Interrogatory, and each of its following three

subparts, as overbroad, unduly burdensome, unduly causing annoyance and

embarrassment, unduly invasive of the rights of privacy of third persons,

vexatious, harassing, and seeking information that is not relevant to any party's

claim or defense.
Subparts:
For each such person:

a) state how old the person was when the two of you first had sex.

Response: See the specific objections set forth above.

b) state how old the person was when the two of you first engaged in other sexual
conduct.

Response: See the specific objections set forth above.

c) state the type of sex and other sexual conduct in which the two of you engaged.

Response: See the specific objections set forth above.

INTERROGATORY NO. 3: Identify (a) all sources of income that you have earned or
received, (b) all people and entities with whom you have entered into any contracts (either
directly or via an agent or representative), and (c) all awards or other positive recognitions
that you have received since the date of the radio broadcast at issue in this case.

Response: Plaintiff objects to this Interrogatory as vague, overbroad, unduly

burdensome, and seeking information that is not relevant to any party's claim or

defense. Subject to and without waiving the foregoing specific objections,

because the answer to this Interrogatory may be determined by examining Rose's

business records, and the burden of deriving the answer will be substantially the

same for either party, Plaintiff will make available for inspection documents

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and/or ESI sufficient to determine, since the date of the radio broadcast at issue

in this case, (a) the sources of income earned or received, by reason of who Rose

is (e.g., endorsement, personal appearance/personal services, and autograph

signing income), and (b) all people and entities with whom Rose has entered into

contracts (either directly or via an agent or representative) by reason of who

Rose is (e.g., endorsement, personal appearance/personal services, autograph

signing contracts, contracts for the exploitation of his life story rights)., With

respect to Interrogatory 3(a), that will be comprised of redacted tax returns and

copies of checks deposited into the corporate account of Charlie Hustle Inc.

With respect to Interrogatory 3(c), to wit, all awards or other positive

recognitions received since the date of the radio broadcast at issue in this case:

1. 2015 All-Star Game naming Rose as one of the Cincinnati Reds'

"Franchise Four".

2. Induction into Cincinnati Reds Hall of Fame, July 24-26, 2016.

3. New York Penn League Hall of Fame 2016.

4. Cincinnati Reds' retiring ofNumber 14.

5. Cincinnati Red statute of Rose installed outside the Great America ballpark

(summer 2017).

6. Philadelphian Phillies Wall of Fame (August 11, 2017).

7. Ted Williams Hitter's Hall Of Fame: inducted 2003 (ceremony 2017).

8. Bobble Head Hall of Fame.

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INTERROGATORY NO. 4: In light of your claim of"mental anguish and suffering,"

(a) identify all mental health providers that have treated you since you turned 18 and (b)
provide the approximate dates of any such treatment.

Response: Plaintiff objects to this Request as overbroad and thus seeking

information that is not relevant to any party's claim or defense. Notwithstanding

the foregoing objections, (a) Plaintiff was seen by a Dr. Hillard, and (b) the

approximate dates of treatment were twice in Ohio in 1989 and/or 1990.

INTERROGATORY 5: Describe in detail any damages that you are seeking to recover.

Response: Plaintiff objects to this Interrogatory as seeking information already

pied in Rose's complaint and duplicative of the disclosures already required by

Rule 26(a)(l)(A)(iii) of the FRCP. Notwithstanding the foregoing objections, the

damages that Rose is seeking to recover includes:

1. compensatory harm to his reputation and standing in an amount to be

determined and awarded by a jury.

2. compensatory harm in the form of personal humiliation and mental anguish

and suffering in an amount to be determined and awarded by a jury.

3. punitive damages in an amount to be determined and awarded by a jury.

4. not less than $71,500 under a renewal of the Ducere Pharma LLC endorsement

agreement, dated December 15, 2014 ("Ducere Contract") (plus statutory

interest).

5. Union contributions to SAG pension under a renewal of the Ducere Contract

(plus statutory interest).

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6. not less than $250,000 in personal service fees under a renewal of the Skechers

USA, Inc. endorsement agreement, dated April 16, 2014, and $5000 in

Skechers' retail product (plus statutory interest).

7. Costs and expenses, including attorneys' fees, of this action.

The foregoing response constitutes all of the responsive information

reasonably available to Rose at this early stage. Rose is still gathering

information and, if appropriate, will suppl ement this response with additional

and more complete information in accordance with FRCP 26(e)( l ).

Dated: May 5, 2017

A.J. OBER, IV, ESQ . EATON & VAN WINKLE LLP

By&fiJJ~
Law Offices of August J. Ober, IV
& Assoc.

27 S. Darlington St.
West Chester, PA 19382 Admitted Pro Hae Vice
(215) 779-3433
111
Three Park A venue, 16 Floor
New York, New Yo rk 10016
Tel: (2 12) 779-9910

Attorneys for PlaintiffPeter Rose

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VERIFICATION

Peter Rose, pursuant to 28 U.S.C. 1746, declares:

I am the individually named plaintiff in this lawsuit. I have read the foregoing answers to
the Defendant's First Set oflnterrogatories, and they are true and correct to the best of my own
personal knowledge, except as to matters stated to be upon information and belief, which I
believe to be true and correct.

I declare under penalty of perjury that the foregoing is true and correct.

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