Subpoena/Depo Notice: Proving Up a Credit Denial

David A. Szwak

Subpoena/Depo Notice: Proving Up a Credit Denial

Postby David A. Szwak » Sun Oct 16, 2005 7:01 am

UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE


MARICELA MENDOZA CAUSE NO.:
CIV-H-02-2465
Versus PENDING IN THE SOUTHERN DISTRICT OF TEXASEXPERIAN INFORMATION SOLUTIONS,
ET AL
NOTICE OF ORAL DEPOSITION
To: MBNA America Bank, N.A., Most Knowledgeable Witness and Custodian of records, 1100 North King Street, Wilmington, Delaware 19884

Pursuant to Rule 30 of the Federal Rules of Civil Procedure and agreement of counsel, Plaintiff announces that she will take the deposition of MBNA America Bank, through its most knowledgeable witness, before a certified court reporter at the offices of Wilcox & Fetzer, 1330 King Street, Wilmington, Delaware 19801, on the 30th day of June, 2003, beginning at 3:00 p.m., Eastern. The deposition will be taken for all purposes, including the perpetuation of testimony. The areas of inquiry include: The credit application submitted to MBNA by Maricela Mendoza, MBNA’s retrieval of Maricela Mendoza’s credit report, MBNA’s review of Maricela Mendoza’s credit report, the contents of Maricela Mendoza’s credit report, MBNA’s decision not to grant credit to Maricela Mendoza, MBNA’s adverse action letter to Maricela Mendoza. You must produce for inspection and use at the above noticed deposition, the following documents: The credit application submitted to MBNA by Maricela Mendoza; Maricela Mendoza’s credit report that MBNA retrieved; MBNA’s records regarding review of Maricela Mendoza’s credit report; MBNA’s credit granting and denial guidelines; any summaries or portions of the credit report of Maricela Mendoza in your possession; any records regarding MBNA’s decision not to grant credit to Maricela Mendoza; and MBNA’s adverse action letter to Maricela Mendoza.

Respectfully submitted:

Bodenheimer, Jones, Szwak & _, LLP


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

UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE


MARICELA MENDOZA CAUSE NO.:
CIV-H-02-2465
Versus PENDING IN THE SOUTHERN DISTRICT OF TEXAS
EXPERIAN INFORMATION SOLUTIONS,
ET AL

FEDERAL SUBPOENA COMMANDING APPEARANCE AND PRODUCTION
OF DOCUMENTS AND THINGS FOR DEPOSITION
_________________________________________________________________
TO: MBNA America Bank, N.A., Most Knowledgeable Witness and Custodian of records
Served herewith through its President:
1100 North King Street, Wilmington, Delaware 19884
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.
_________________________________________________________________
PLACE, DATE & TIME:
As designated in Notice of Deposition Duces Tecum.
_________________________________________________________________
DOCUMENTS WHICH MUST BE PRODUCED AT THE DEPOSITION:
As designated in Notice of Deposition Duces Tecum.
_________________________________________________________________
Questions relative to this subpoena may be addressed to:
David A. Szwak, T.A., LBR#21157
416 Travis St., Ste. 1404
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555

Respectfully submitted:
Bodenheimer, Jones, Szwak & _, LLP


By: __________________________________
David A. Szwak, T.A., LBR#21157
416 Travis St., Ste. 1404
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555
ATTORNEYS FOR PLAINTIFF

© 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:

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