Identity Theft: Interrogatories to Furnisher/Dupe

David A. Szwak

Identity Theft: Interrogatories to Furnisher/Dupe

Postby David A. Szwak » Sat Oct 15, 2005 2:44 pm



through its attorney of record:
Dean Hunt, Esq.
Deana Freeman, Esq.
Bracewell & Patterson
711 Louisiana Street, Ste. 2900
Houston, Texas 77002-2781
Counsel for Verizon

PLEASE TAKE NOTICE that you are hereby notified and required to respond to the following Interrogatories propounded by Plaintiff herein, through his attorneys of record, David A. Szwak, within thirty (30) days from service hereof in accordance with the provisions of the Federal Rules of Civil Procedure.
You are further placed on notice that these Interrogatories are deemed continuing, requiring supplemental responses thereto in the event requested information become available which would require amendment or supplementation of your responses in order that they would be proper and truthful, become known to you.
In answering these Interrogatories, 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 Interrogatories 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 Interrogatory.
Although one or more of the following Interrogatories 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 Interrogatories contain words or phrases which require you to refer to the "Definitions" section of this document provided hereinbelow.
Unless otherwise stated, each Interrogatory pertains to the time period beginning January, 1998, through the present date. Thus, your responses should be fully answered as they pertain to information within that time frame. Further, each Interrogatory response should identify the appropriate time frame, if your response requires same.
1. "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;
© 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.
2. "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.
3. "Data" means the physical symbols in the broadest sense, that represent information, regardless of whether the information is oral, written or otherwise recorded.
4. "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.
5. "Format" means the general makeup or general plan of organization or arrangement of data.
6. "Identify" means that you should state:
(a) any and all names, legal, trade or assumed;
(b) all addresses used;
© all telephone and tele-fax 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.
7. "Person(s)" means any human being, sole proprietorship, limited partnership, partnership, association, group of human beings, other legal or de facto entity, or corporation, of whatever kind.
8. "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.
9. "Describe" means to represent or give an account of in words.
10. "Personal Identifiers" means a person's name or social security number or other unique data which identifies or is associated with a particular "person."

Identify the names, addresses, and telephone numbers of all persons who supplied information responsive to these interrogatories.

Identify the names, addresses, and telephone numbers of all persons who accepted the service contract [“application”] designated as exhibit V-2, in Verizon’s deposition in this case.

Identify all names, addresses, and telephone numbers of all persons who inputted data from the service contract [“application”] designated as exhibit V-2, in Verizon’s deposition in this case.

Identify all names, addresses, and telephone numbers of all persons who manually reviewed credit report inquiry responses arising from the service contract [“application”] designated as exhibit V-2, in Verizon’s deposition in this case.

Respectfully submitted,

Bodenheimer, Jones, Szwak

By: ___________________________________
David A. Szwak
LBR #21157
416 Travis Street, Suite 1404
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555

I hereby certify that a copy of the above and foregoing has been served upon all counsel of record, as noted above, 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.

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