Identity Theft:FRCP 30[b][6] Notice of Depo:Denial of Credit

David A. Szwak

Identity Theft:FRCP 30[b][6] Notice of Depo:Denial of Credit

Postby David A. Szwak » Fri Oct 14, 2005 12:20 pm

 UNITED STATES DISTRICT COURT
IN AND FOR THE EASTERN DISTRICT OF VIRGINIA


NANCY B. AYERS,

v. Civil Action No. 03-CV-00551

EQUIFAX INFORMATION SERVICES, ET AL

and

UNITED STATES DISTRICT COURT
IN AND FOR THE EASTERN DISTRICT OF VIRGINIA


NANCY B. AYERS,

v. Civil Action No. 03-CV-00552

TRANS UNION, ET AL

NOTICE OF ORAL DEPOSITION DUCES TECUM
To: BANK OF AMERICA MORTGAGE
3100 Tower Blvd., Ste. 930
Durham, North Carolina 27707

Pursuant to the Federal Rules of Civil Procedure, Plaintiff announces that he will take the deposition of Most Knowledgeable Witness[es] and Custodian of Records, BANK OF AMERICA MORTGAGE [“BofA”], before a certified court reporter at the law offices of Chandra Taylor, SPLC, 302 West Main Street, 2d Floor, Durham, North Carolina 27701, on the 18th day of December, 2003, beginning at 10:00 a.m., Eastern, with video to likewise be taken, and continuing day to day until completed or concluded in accordance with court rules. The deponent is to produce, on or before the date and time of the deposition, the documents and things called for the attached duces tecum request found in Exhibit A. The deposition will be taken for all purposes, including the perpetuation of testimony. The areas of inquiry include your credit denial and adverse action issued by you to plaintiff, Nancy B. Ayers, on March 17, 2003, through a letter authored by your employee, Nancy Love. Please produce at the time of the deposition the records identified in “EXHIBIT A.” Please see the attached document, “EXHIBIT B.”

Respectfully submitted:

Bodenheimer, Jones, Szwak

By: _________________________________
David A. Szwak, LBR#21157
416 Travis St., Ste. 240
Mid South Tower
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555
ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing has been served upon all 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 __________________, 2003.

__________________________________
OF COUNSEL

Page 1 of 1
To: BANK OF AMERICA MORTGAGE, hereinafter merely referred to as "Company" or
"you" or "your":

EXHIBIT "A"
1. All documents in your possession which list, bear, or contain the plaintiff's name and/or which bear plaintiff's other personal identifiers, as set forth in documents previously provided you.

2. All letters, consumer reports, applications, credit scoring data or other personal identifying information in your possession which list, bear, or contain the plaintiff's name and/or which bear plaintiff's other personal identifiers, as set forth in documents previously provided you.

3. Any documents, computerized records, archived records or other recordings, of any kind, relating or referring to the attached documentation, EXHIBIT B.


UNITED STATES DISTRICT COURT
IN AND FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

NANCY B. AYERS,

v. Civil Action No. 03-CV-00551

EQUIFAX INFORMATION SERVICES, ET
AL PENDING IN THE EASTERN DISTRICT OF VIRGINIA

and

UNITED STATES DISTRICT COURT
IN AND FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

NANCY B. AYERS,

v. Civil Action No. 03-CV-00552

TRANS UNION, ET AL PENDING IN THE EASTERN DISTRICT OF VIRGINIA

SUBPOENA FOR APPEARANCE, PRODUCTION OF DOCUMENTS AND THINGS
AND FOR DEPOSITION
___________________________________________________________________
To: Custodian of Records, BANK OF AMERICA MORTGAGE, 3100 Tower Blvd., Ste.
930, Durham, North Carolina 27707
YOU ARE HEREBY COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. Service of a subpoena may now be accomplished by delivering the federal subpoena by U.S. mail. Doe v. Hersemann, 155 F.R.D. 630 [N.D. Ind. 1994]; Fed.R.Civ.Proc. 45.
____________________________________________________________________
PLACE: DATE & TIME:
Chandra Taylor, SPLC law offices December 18, 2003, at 10:00 a.m.
302 West Main Street, 2d Floor, Durham, North Carolina 27701
____________________________________________________________________
YOU ARE COMMANDED to bring with you the following documents or objects:
As indicated in Exhibit "A" attached to this subpoena and notice of deposition.
____________________________________________________________________
Questions relative to this subpoenas may be addressed to:
Respectfully submitted,
Bodenheimer, Jones Szwak
David A. Szwak, ESQ., ,LBR #21157
416 Travis Street, Ste. 240
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555
ATTORNEYS FOR PLAINTIFFS

Issued by:

____________________________________________
Bodenheimer, Jones Szwak
David A. Szwak, ESQ., LBR #21157
416 Travis Street, Ste. 240
Shreveport, Louisiana 71101 © PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense
on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of
this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee.
(2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or
inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after
service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney
designated in the subpoena written objection to inspection or copying for any or all of the designated materials or of the premises. If objection is made,
the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by
which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce,
move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of
a party from significant expense resulting from the inspection and copying commanded.
(3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it
(I) fails to allow reasonable time for compliance;
(ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place
where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause
(c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which
the trial is held, or
(iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or
(iv) subjects a person to undue burden.
(B) If a subpoena
(I) requires disclosure of a trade secret or other confidential research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in
dispute and resulting from the expert's study made not at the request of any party, or
(iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles
to attend trial,
the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is
issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom
the subpoena is addressed will be reasonably compensated, the courts may order appearance or production only upon specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA.
(1) A person responding to a subpoena to produce shall produce them as they are kept in the usual course of business or shall organize and label them
to correspond to the categories in the demand.
(2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim
shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the
demanding party to contest the claim.
_________________________________________________________________
RETURN OF SERVICE
Served on: Fees Tendered ________________

DATE: Location:
_________________________________________________________________
Statement of Service Fees

TRAVEL: SERVICES: TOTAL:
_________________________________________________________________
Declaration of Server
I declare under penalty of perjury that the foregoing information is true and correct!

Date: Signature:_______________________________
Name of Server:
Address of Server:

CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing has been served upon defendants’ counsels 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 ____________________, 2003.

________________________________
OF COUNSEL


UNITED STATES DISTRICT COURT
IN AND FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

NANCY B. AYERS,

v. Civil Action No. 03-CV-00551

EQUIFAX INFORMATION SERVICES, ET
AL PENDING IN THE EASTERN DISTRICT OF VIRGINIA

and

UNITED STATES DISTRICT COURT
IN AND FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

NANCY B. AYERS,

v. Civil Action No. 03-CV-00552

TRANS UNION, ET AL PENDING IN THE EASTERN DISTRICT OF VIRGINIA

SUBPOENA FOR APPEARANCE, PRODUCTION OF DOCUMENTS AND THINGS
AND FOR DEPOSITION
___________________________________________________________________
To: Most Knowledgeable Witness[es], BANK OF AMERICA MORTGAGE, 3100
Tower Blvd., Ste. 930, Durham, North Carolina 27707
YOU ARE HEREBY COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. Service of a subpoena may now be accomplished by delivering the federal subpoena by U.S. mail. Doe v. Hersemann, 155 F.R.D. 630 [N.D. Ind. 1994]; Fed.R.Civ.Proc. 45.
____________________________________________________________________
PLACE: DATE & TIME:
Chandra Taylor, SPLC law offices December 18, 2003, at 10:00 a.m.
302 West Main Street, 2d Floor, Durham, North Carolina 27701
____________________________________________________________________
YOU ARE COMMANDED to bring with you the following documents or objects:
As indicated in Exhibit "A" attached to this subpoena and notice of deposition.
____________________________________________________________________
Questions relative to this subpoenas may be addressed to:
Respectfully submitted,
Bodenheimer, Jones Szwak
David A. Szwak, ESQ., ,LBR #21157
416 Travis Street, Ste. 240
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555
ATTORNEYS FOR PLAINTIFFS

Issued by:

____________________________________________
Bodenheimer, Jones Szwak
David A. Szwak, ESQ., LBR #21157
416 Travis Street, Ste. 240
Shreveport, Louisiana 71101

© PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.
(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee.
(2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.
(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying for any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded.
(3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (I) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (I) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the courts may order appearance or production only upon specified conditions.
(d) DUTIES IN RESPONDING TO SUBPOENA.
(1) A person responding to a subpoena to produce shall produce them as they are kept in the usual course of business or shall organize and label them to correspond to the categories in the demand.
(2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the
demanding party to contest the claim.
_________________________________________________________________
RETURN OF SERVICE
Served on: Fees Tendered ________________

DATE: Location:
_________________________________________________________________
Statement of Service Fees

TRAVEL: SERVICES: TOTAL:
_________________________________________________________________
Declaration of Server
I declare under penalty of perjury that the foregoing information is true and correct!

Date: Signature:_______________________________
Name of Server:
Address of Server:

CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing has been served upon defendants’ counsels 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 ____________________, 2003.

________________________________
OF COUNSEL

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