Identity Theft: FRCP 30[b][6] Notice of Depo: Furnisher/Dupe

David A. Szwak

Identity Theft: FRCP 30[b][6] Notice of Depo: Furnisher/Dupe

Postby David A. Szwak » Sat Oct 15, 2005 3:44 pm

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS

MARICELA MENDOZA CAUSE NO.:
CIV-H-02-2465

Versus

EXPERIAN INFORMATION SOLUTIONS,
ET AL

CONTINUED NOTICE OF ORAL DEPOSITION DUCES TECUM
To: AIR TOUCH CELLULAR D/B/A VERIZON WIRELESS
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

Pursuant to Rule 30 of the Federal Rules of Civil Procedure and agreement of counsel for purposes of reconvening, Plaintiff announces that she will take the deposition of AIR TOUCH CELLULAR D/B/A VERIZON WIRELESS [“VW”], before a certified court reporter at the law offices of Chris Green, 520 East Denny Way Seattle, Washington, on the 29th day of April, 2003, beginning at 8:30 a.m. Pacific, 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 includes those areas and facts discussed in plaintiff’s complaint; VW's responses and pleadings; VW's credit extension and evaluation processes; any application documentation bearing any of plaintiff’s identifiers; plaintiff’s disclosures; VW's disclosures and any defense raised by VW; VW's relationship and subscriber contracts with any consumer reporting agency[ies]; VW's information archival system; VW’s audit trail of their system; VW’s contention that plaintiff is somehow related or connected to the imposter; VW's ability to maintain physical and computerized records; VW's application fraud audits and volume of complaints regarding fraud; VW’s policies and procedures for compliance with 15 USC 1681s-2; VW’s policies and procedures for conducting a necessary investigation of credit applications and requests; VW’s CDV and ACDV processes; any and all CDVs, ACDVs, UDFs and AUDFs bearing any of plaintiff’s identifiers and/or the disputed account number[s]; VW’s reinvestigation methods; VW’s data suppression and deletion mechanisms; all VW data files and reportings regarding the plaintiff and/or any of her personal identifiers; each internal record and report generated about or concerning plaintiff; each record in VW’s communications log; and each dispute lodged by plaintiff and any responses by VW to each dispute.

Respectfully submitted:

Bodenheimer, Jones, Szwak

By: _________________________________
David A. Szwak, LBR#21157
416 Travis St., Ste. 240
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 3
To: AIR TOUCH CELLULAR D/B/A VERIZON WIRELESS, 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(s) and/or which bear plaintiff’s other personal identifiers, as set forth in documents previously provided you.

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

3. A copy of each and every internal document generated from your internal record systems, which lists, bears, or contains the plaintiff’s name(s) and/or which bear plaintiff’s other personal identifiers, as set forth in documents previously provided you.

4. Any and all documents or other recordings evidencing, constituting or referring to communications between you and any person which list, bear, or contain the plaintiff’s name(s) and/or which bear plaintiff’s other personal identifiers, as set forth in documents previously provided you.

5. Copies of any and all policy manuals, procedure manuals, or other documents, which address your policies, practices or procedures in the investigation or reinvestigation of credit data.

6. Copies of any and all policy manuals, procedure manuals, or other recordings or documents of any kind, which address any or all of your policies, practices or procedures in complying with 15 USC 1681s-2.

7. Copies of any and all policy manuals, procedure manuals, or other documents, which addresses the minimal amount and type of information required of any consumer disputing any item of information on a consumer report, in order to cause you to initiate your correction, update, modification and/or deletion of credit data.

8. Copies of any and all policy manuals, procedure manuals, or other documents, which addresses your policies and procedures for evaluating and investigating credit applications you receive.

9. Copies of any and all credit reports generated and/or issued by you concerning Plaintiff or which bear any of the personal identifiers of Plaintiff. Page 2 of 3
Exhibit "A"

10. Complete audit trail of any document(s), computer(s), or other data held by you which, in any degree, address or discuss Plaintiff, any of her personal identifiers and/or any of the data identified, as false, by Plaintiff in this action.

11. Copies of your subscriber contracts between you and any consumer reporting agency[ies] to whom you subscribe[d].

12. Any and all correspondence, documents or other recordings from you, or your attorneys, to any other defendant in this action, or her attorneys.

13. Any and all correspondence, documents or other recordings to you, or to your attorneys, from any other defendant in this action, or her attorneys.

14. Any and all consumer dispute verification(s) documents [CDV's or ACDV's] or Universal Data Correction [UDF or AUDF's] forms you sent to any person or which you received from any person, which in any way references Plaintiff, any of her personal identifiers, any other defendant, or any allegation or defense asserted in this action.

15. Any and all work papers, notes, and documents in the file of any expert witness [or any lay witness who might offer any opinion at the trial of this action] who is expected to testify, or in the file of the expert [or lay witness] who has written a report which is or will be relied upon, in whole or in part, by a testifying expert [or lay witness].

16. Any and all expert reports [or any lay witness who might offer any opinion at the trial of this action] which have been prepared in connection with this lawsuit or the incident giving rise to this lawsuit, if the expert [or lay witness] is expected to or may testify in this cause.

17. Any and all expert reports that were or will be relied upon, in whole or in part, or which were produced by any expert retained or engaged by you.

18. Copies of any statements you have taken or received from any third person in any way connected with this lawsuit.

19. Each communication log and recording which involves communications with plaintiff or any of your co-defendants, which relates to any of the fraud accounts listed in plaintiff’s complaint or with regard to any of plaintiff’s personal identifiers.

Page 3 of 3
Exhibit "A"

20. A copy of each deposition transcript from each prior deposition given by your designated deponent/representative and a listing of all prior lawsuits, of any kind, where the designated deponent/representative supplied testimony by deposition, affidavit or purported opinion statements.

21. A copy of any manual listing each and every code appearing on your internal reports and providing an explanation and description of each such code.

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