Identity Theft: Interrogatories to Furnisher/Duped Creditor

David A. Szwak

Identity Theft: Interrogatories to Furnisher/Duped Creditor

Postby David A. Szwak » Fri Oct 14, 2005 11:44 am

UNITED STATES DISTRICT COURT
IN AND FOR THE WESTERN DISTRICT OF LOUISIANA
Shreveport Division

JOHN MARANTO,
Plaintiff,
Versus Civil Action No.
CV05-0348-S
DILLARD NATIONAL BANK, JURY DEMANDED
Defendant.

INTERROGATORIES
To: DILLARD NATIONAL BANK, through its counsel of record, Bryce Denny

PLEASE TAKE NOTICE that you are hereby notified and required to respond to the
following Interrogatories and produce the requested information to Plaintiff herein, through his attorney of record, David A. Szwak, within thirty (30) days from service hereof in accordance with the provisions of Rule 33, et. seq., of the Federal Rules of Civil Procedure.

You are further placed on notice that these requests are deemed continuing, requiring
supplemental responses thereto in the event requested information changes or otherwise becomes known, if not currently known after proper inquiry, or otherwise becomes available which would require amendment or supplementation of your responses in order that they would be proper and truthful, become known to you.
INSTRUCTIONS
In answering these requests, please furnish all information which is available to you,
including, without limitation, all information in the possession of your attorneys, accountants, affiliates, auditors, agents, employees, officers, directors, shareholders, contractors, or other personnel, and not merely such information as is in your possession.

If you cannot respond to any of the following requests in full, after exercising due
diligence to secure information to do so, please so state, and respond to the extent possible, specifying all reasons why you are unable or unwilling to respond to the remainder, stating whatever information you have concerning the unproduced information, and what efforts you made to secure information sufficient to allow you to respond fully to the particular request.

Although one or more of the following requests may not appear to be applicable to or
directed to you, please respond to each and every one of them to the extent that you are able to provide any response thereto whether such response consists of information within your own knowledge or what you have obtained from others. However, for every response in which you include information received from others, please provide the name, any known address, and any known phone number of the person from whom you so received such information. And, in every such instance please state that you cannot verify such of your own personal knowledge, identifying particularly the information for which you cannot vouch. Further, these requests contain words or phrases which require you to refer to the "Definitions" section of this document provided herein below.

Unless otherwise stated, each request pertains to the time period beginning January, 2002, through the present date. Thus, your responses should be fully answered as they pertain to information, recordings or information within that time frame. Further, each request should identify the appropriate time frame, if your response requires same.

DEFINITIONS
1. "You" includes DILLARD NATIONAL BANK, the company, entity, institution,
agency, subsidiary(ies), parent corporation(s) and/or any of its branches,
departments, employees, agents, contractual affiliates, or otherwise connected by
legal relationship, in the broadest sense. "You" includes any of your sister
companies or related entities and their connected companies, whether or not
separately incorporated. You may also be referenced herein simply as
"DILLARDS”.
2. "Document(s)" shall mean and include any printed, typewritten, handwritten or otherwise recorded matter of whatever character, including specifically, but not exclusively, and without limiting the generality of the foregoing, letters, diaries, desk and other calendars, memoranda, telegrams, posters, cables, reports, charts,
statistics, envelopes, studies, newspapers, news reports, business records, book of account(s) or other books, ledgers, balance sheets, journals, personal records,
personal notes, any piece of paper, parchment, or other materials similarly used
with anything written, typed, printed, stamped, engraved, embossed, or impressed
upon it, accountants statements, accounting records of any kind, bank statements,
minutes of meetings or other minutes, labels, graphics, notes of meetings or
conversations or other notes, catalogues, written agreements, checks,
announcements, statements, receipts, returns invoices, bills, warranties,
advertisements, guarantees, summaries, pamphlets, prospectuses, bulletins,
magazines, publications, photographs, work-sheets, computer printouts, telex
transmissions or receipts, teletypes, telefaxes, file folders or other folders, tape
recordings, and any original or non-identical (whether different from the original
by reason of any notation made on such copies or otherwise), carbon, photostatic
or photograph copies of such materials. The term "documents" shall also mean
and include every other recording of, or means of recording on any tangible form,
any form of information, data, communication, or representation, including but not
limited to, microfilm, microfiche, any records stored on any form of computer
software, audio or video tapes or discs, digitally recorded disks or diskettes, or any
other medium whatsoever. For each "document" responsive to any request
withheld from production by you on the ground of any privilege, please state:
[a] the nature of the document (e.g., letter, memorandum, contract, etc.);
[b] the author or sender of the document;
[c] the recipient of the document;
[d] the date the document was authored, sent, and/or received; and
[e] the reason such document is allegedly privileged.
3. "Audit Trail" means a complete, detailed listing of each and every alteration,
deletion, inquiry into, modification or other change to the credit report or profile
as maintained in recorded form, in the broadest sense, by "you." The listing should
include the identity, address, employer and title of the person(s) taking the action,
the identity, address, employer and title of the person(s) authorizing the action, a
detailed explanation of the action taken, the date of the action, the means used to
effect such action, the location of origin of the action and the reason the action
was taken. The term "audit trail" also includes the definition provided for the
phrase in the FederBush, Federal Trade Commission and Formal Staff Opinion
Letter, March 10, 1983.
4. "Data" means the physical symbols in the broadest sense, that represent
information, regardless of whether the information is oral, written or otherwise
recorded.
5. "Data field" means any single or group of character(s), number(s), symbol(s) or
other identifiable mark(s) maintained in a permanent or temporary recording which
represent, in any way, an item or collection of information. "Data field" includes
all types of data whether maintained in integer, real, character or boolean format.
6. "Database" or "databank" means any grouping or collection of data field(s)
maintained, in any format or order, in any permanent or temporary recorded form.
7. "Computer" means any and all programmable electronic devices or apparatuses,
including hardware, software, and other databanks, that can store, retrieve, access,
update, combine, rearrange, print, read, process or otherwise alter data whether
such data maintained in that device or at some other location. The term
"computer" includes any and all magnetic recordings or systems, systems
operating on or maintaining data in digital, analog, or hybrid format, or other
mechanical devices, or other devices capable of maintaining writings or recordings,
of any kind, in condensed format, and includes any disk, tape, recording, or other
informational source, regardless of its physical dimension or size.
8. "Identify" means that you should state:
(a) any and all names, legal, trade or assumed;
(b) all addresses used;
(c) all telephone and telefax numbers used;
and, if applicable:
(d) brand, make, manufacturer's name, address, phone number and the
manufacturer's relationship to any and all Defendants in the above captioned
action; and
(e) employer's name, address, phone number and the employer's relationship to
any and all Defendants in the above captioned action.
9. "Explain" means to elucidate, make plain or understandable, to give the reason for
or cause of, and to show the logical development or relationships thereof.
10. "Describe" means to represent or give an account of in words.
11. "Plaintiff” refers to JOHN MARANTO.
12. "Program" means the following: (1) a plan for solving a problem; (2) to devise a
plan for solving a problem; (3) a computer routine (i.e., a set of instructions
arranged in proper sequence to cause a computer to perform a particular process);
(4) to write a computer routine.
13. "Header record" means a machine readable record at the beginning of a file
containing data identifying the file and data used in file control.
INTERROGATORIES
INTERROGATORY NO. 1:
Please state the full name, present address, employer, title and occupation of all persons
providing information and documents responsive to these requests.
ANSWER:


INTERROGATORY NO. 2:
Please identify all individuals known to you or your attorney who are witnesses to the
events described in plaintiff's complaint or to any event which is the subject of any defense you
have raised to this lawsuit. For each such person, please provide a brief summary of facts to
which each might or could testify. Also for each such person, please state the following:
a) Please state whether each such person is affiliated with, or related
to, or employed by any party (or its agents, servants, officers, or
employees) to this lawsuit;
b) If any of the persons so listed in response to this interrogatory do
not fit the characterization in subpart A above, please describe the
nature of their involvement in this lawsuit;
c) Please explain and describe your understanding of their knowledge
of such facts.
ANSWER:




INTERROGATORY NO. 3:
Please list, explain and describe documents known to you or believed by you to exist
concerning any of the events described in plaintiff's complaint or concerning any of the events
which are the subject[s] of any defense[s] you have raised to this lawsuit.
ANSWER:

INTERROGATORY NO. 4:
Please identify each expert witness, your employee or otherwise, you believe may have
formed any opinion or consulted with you about the facts or basis of this lawsuit or any defense or
allegation you have raised in this lawsuit.
ANSWER:



INTERROGATORY NO. 5:
Please identify all individuals known to you or your attorney who are not witnesses, but
who you have reason to believe have knowledge pertinent to the events at issues as alleged in
plaintiff's complaint, and provide a brief summary of the facts to which each such person could
testify. For each person, please state the following:
a. Please state whether each such person is affiliated with, or related
to, or employed by any party (or its agents, servants, officers, or
employees) to this lawsuit;
b. If any of the persons so listed in response to this interrogatory do
not fit the characterization in subpart A above, please describe the
nature of their involvement in this lawsuit;
c. Please explain and describe your understanding of their knowledge
of such facts.
ANSWER:

INTERROGATORY NO. 6:
Please state whether any of the individuals listed in the answers to the preceding
interrogatories have given any statement[s] to you and, if so, please identify the individual giving
the statement, identify the individual to whom the statement was given, the date of the statement,
and whether or not the statement was written or recorded and, if it was written or recorded,
identify the individual presently in possession of it.
ANSWER:


INTERROGATORY NO. 7:
Please list each exhibit which you may attempt to introduce as evidence at the trial of this
case, or which has been used or referred to by any expert witness on your behalf [as called for in
interrogatory no. 4].
ANSWER:



INTERROGATORY NO. 8:
For each paragraph of plaintiff's complaint for which you deny the allegations [not those
that you simply deny for lack of sufficient information], please explain and describe any facts
which you believe may support each denial.
ANSWER:


INTERROGATORY NO. 9:
Please explain and describe all of your procedures used to investigate credit applications
and to decide when and how to issue such credit accounts. Please include the actual average time
spent evaluating credit applications and the average cost of evaluation of each category of credit
application.
ANSWER:



INTERROGATORY NO. 10:
Please state whether you have authorized by each of the consumer reporting agencies to
whom you subscribe[d] to report account data about your alleged customers on and by way of
any or all of their credit reporting systems during the years, 2002, 2003, 2004, 2005. If so, state
whether you authorized each of the consumer reporting agencies to whom you subscribe[d] to
report your data about plaintiff on and by way of any or all of their credit reporting systems
during the years, 2002, 2003, 2004, 2005. Please explain and describe the terms of your
authority and all reciprocal duties and obligations arising between you and the consumer reporting
agencies to whom you subscribe[d].
ANSWER:



INTERROGATORY NO. 11:
Please state your net income for the preceding twenty-four (24) quarters.
ANSWER:


INTERROGATORY NO. 12:
Please state the dates and exact content of each of your reportings, which bore any of
plaintiff's personal identifiers, you made to any person which contained any of the disputed
account data or account reportings, as identified in plaintiff's complaint. Please fully identify the
recipient.
ANSWER:



INTERROGATORY NO. 13:
Please explain and describe any disputes you received from plaintiff or concerning plaintiff
from any third person, including of the consumer reporting agencies to whom you subscribe[d],
and explain and describe your actions and disposition of your actions in connection with each
contact or communication.
ANSWER:



INTERROGATORY NO. 14:
Please explain and describe your procedures that you impose upon your stores or other
retail outlets with regard to point-of-sale security and verification of identification of persons
presenting one of your issued credit cards at the point of sale.
ANSWER:

INTERROGATORY NO. 15:
Please list, explain and describe each and every encryption, abbreviation, and code
contained in each name record, screen, and reinvestigation record you generated or otherwise
recorded regarding plaintiff. For each such code, please also explain and describe, in detail, the
purpose of such code, the content of such action, the duration of such action, and the reason you
permitted such action or entry.
ANSWER:



INTERROGATORY NO. 16:
Please list, explain and describe each and every procedure and policy you have in place to
investigate identity theft claims and disputes and to remedy the effects of identity theft where it
concerns one of your issued credit cards and accounts.
ANSWER:



INTERROGATORY NO. 17:
Please list, explain and describe each and every contact or communication you received
from the consumer reporting agencies to whom you subscribe[d] which, in any way, referenced
plaintiff. This request would include any GEIS [General Electric Information Services]-based and
E-Oscar communications, UDF's, AUDF's, CDV's, ACDV's, tape transfers, system to system
transfers, phone calls and other means of communication.
ANSWER:



INTERROGATORY NO. 18:
For each credit reporting you published or issued to any third person, pertaining to
plaintiff or any of his personal identifiers, in the four years preceding the filing of this lawsuit and
since the filing of this lawsuit, please list, explain and describe, in the greatest detail you are able,
each and every negative item of data appearing in the report and how each such item is factored in
the credit scores you generated and issued. Please further list the credit ratings you have issued,
list the respective dates each such credit ratings were issued, and identify the person/entity to
whom you published the credit ratings.
ANSWER:


INTERROGATORY NO. 19:
Please list, explain and describe your deletion and data suppression system capabilities and
functions. Please state what, if any, data or files were deleted or suppressed from your system
which contained any information about plaintiff and state the retention periods for such deleting
or suppression.
ANSWER:


INTERROGATORY NO. 20:
Do you concede that the disputed account you issued was reported by you and about
plaintiff and his personal identifiers to the credit reporting agencies, who then re-published that
information with negative ratings as assigned to those accounts by you?
ANSWER:


INTERROGATORY NO. 21:
Please identify each and every employee of your company who communicated with
plaintiff and with any furnisher with regard to plaintiff and his disputes.
ANSWER:



INTERROGATORY NO. 22:
For each paragraph of plaintiff's requests for admissions, for which you deny the request
[not those that you simply deny for lack of sufficient information], please explain and describe any
facts which you believe may support each denial.
ANSWER:




Respectfully submitted:
Bodenheimer, Jones, Szwak

By: _______________________________________
David A. Szwak, LBR#21157, TA
416 Travis Street, Suite 1404
Mid South Tower
Shreveport, Louisiana 71101
(318) 424-1400
FAX (318) 221-6555
ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing Interrogatories have been served upon defendant's counsel of record by placing a copy of same in the United States Mail, properly addressed and first class postage pre-paid on this the ______ day of __________________, 2005.

_______________________________________
OF COUNSEL

UNITED STATES DISTRICT COURT
IN AND FOR THE WESTERN DISTRICT OF LOUISIANA
Shreveport Division

JOHN MARANTO,
Plaintiff,
Versus Civil Action No.
CV05-0348-S

DILLARD NATIONAL BANK, JURY DEMANDED
Defendant.

STATE OF _____________________
PARISH/COUNTY OF ___________

AFFIDAVIT

BEFORE ME, the undersigned authority, personally appeared _____________________________________, who is employed by DILLARD NATIONAL BANK, whose address is ______________________________________, who produced identification, and who, after being duly sworn, did depose and state that he/she reviewed the responses to the requests for production of documents propounded by Plaintiff and provided the information and documents therein. That the responses are true, correct and complete to the best of his/her knowledge and belief. That he/she is the appropriate person on behalf of answering party to provide such information.

signature:_______________________________

name:__________________________________
DILLARD NATIONAL BANK

SWORN TO AND SUBSCRIBED this the ____ day of _____________, 2005,
_________ Parish/County, __________________.


__________________________________
NOTARY PUBLIC

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