Errors/Fraud: Requests For Production to Equifax Affiliate

David A. Szwak

Errors/Fraud: Requests For Production to Equifax Affiliate

Postby David A. Szwak » Sun Oct 16, 2005 5:52 pm

UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF HAWAII

GARY CISNEROS,

v. Civil Action No. CV03-00200-PK-LEK

TRANS UNION, ET AL

REQUESTS FOR PRODUCTION OF DOCUMENTS
TO DEFENDANT, CREDIT BUREAU OF THE PACIFIC

To: CREDIT BUREAU OF THE PACIFIC
through its attorneys of record:
Paul K. Hoshino
Six Waterfront Plaza, Suite 1404
500 Ala Moana Boulevard
Honolulu, HI 96813
Counsel for CREDIT BUREAU OF THE PACIFIC

PLEASE TAKE NOTICE that you are hereby notified and required to respond to the following Requests For Production of Documents and produce the following documents requested 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 34, 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 documents become 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, documents which are available to you, including, without limitation, all documents in the possession of your attorneys, accountants, affiliates, auditors, agents, employees, officers, directors, shareholders, contractors, or other personnel, and not merely such documents as are in your possession.
If you cannot respond to any of the following requests in full, after exercising due diligence to secure documents 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 documents you have concerning the unproduced documents, and what efforts you made to secure documents 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 documents within your own knowledge or what you have obtained from others. However, for every response in which you include documents received from others, please provide the name, any known address, and any known phone number of the person from whom you so received such documents. And, in every such instance please state that you cannot verify such of your own personal knowledge, identifying particularly the documents 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, 2000, through the present date. Thus, your responses should be fully answered as they pertain to information, recordings or documents within that time frame. Further, each request should identify the appropriate time frame, if your response requires same.
DEFINITIONS
1. "You" includes CREDIT BUREAU OF THE PACIFIC, 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 "CBOP."
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;
© 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 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.
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 GARY J. CISNEROS, JR.
12. "Other Defendant[s]" means any Defendant(s) in the above entitled and captioned action except you, jointly or separately.
13. "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.
14. "Header record" means a machine readable record at the beginning of a file containing data identifying the file and data used in file control.
REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST FOR PRODUCTION NO. 1:
Please produce a copy of each and every document involving communication(s) or contact(s) between you and the following persons, which in any way references Plaintiff, or any allegation or defense asserted in this action:
a) Experian Information Solutions, Inc.;
b) Trans Union LLC;
c) Equifax Information Services, LLC, or CSC Credit Services, Inc.;
d) Any state or federal governmental entity;
e) Any other consumer reporting agency;
f) Any other defendant in this case.
RESPONSE:

REQUEST FOR PRODUCTION NO. 2:
Please produce a copy of each and every document involving communications or contacts between you and the other defendants, which in any way references the disputed information supplied to you by the furnishers listed in the complaint, or the inquiry made to you, if one is listed, associated with each of your subscriber(s) as shown on plaintiff’s credit files.
RESPONSE:


REQUEST FOR PRODUCTION NO. 3:
Please produce your policy manuals, procedure manuals, or other documents, which address your policies, practices or procedures in the investigation or reinvestigation of credit data.
RESPONSE:


REQUEST FOR PRODUCTION NO. 4:
Please produce a copy of each frozen scan or otherwise archived report or data file generated which contains any of plaintiff’s personal identifiers. This request includes parallel archived data files or reports which have or may have been returned and included as part of any report or attachment to any report of or concerning plaintiff.
RESPONSE:

REQUEST FOR PRODUCTION NO. 5:
Please produce 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 which is disputed as inaccurate due to mixed credit files.
RESPONSE:


REQUEST FOR PRODUCTION NO. 6:
Please produce your statistics compiled on an annual basis regarding the number of disputes you received complaining or disputing inaccurate data allegedly due to mixed credit files.
RESPONSE:


REQUEST FOR PRODUCTION NO. 7:
Please produce 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 assuring the maximum possible accuracy of data posted, maintained or disseminated by you.
RESPONSE:


REQUEST FOR PRODUCTION NO. 8:
Please produce each complete ACIS case file generated about plaintiff.
RESPONSE:


REQUEST FOR PRODUCTION NO. 9:
Please produce each archived consumer disclosure and subscriber version credit report maintained regarding plaintiff.
RESPONSE:

REQUEST FOR PRODUCTION NO. 10:
Please produce your policy manuals, procedure manuals, or other documents, which address the following areas: mixed credit files, consumer relations, your suppression functions and your deletion functions.
RESPONSE:

REQUEST FOR PRODUCTION NO. 11:
Please produce your policy manuals, procedure manuals, or other documents, which are consumer relations manuals for your employees and/or consumer credit database system.
RESPONSE:

REQUEST FOR PRODUCTION NO. 12:
Please produce each archived data file containing any of plaintiff’s personal identifiers such that you may have reported data from that file in any credit report pertaining to plaintiff.
RESPONSE:

REQUEST FOR PRODUCTION NO. 13:
Please produce your data file maintenance manuals and any decoding manuals used to interpret the various items of data appearing on the dispute resolution log and ACIS cases.
RESPONSE:

REQUEST FOR PRODUCTION NO. 14:
Please produce any and all of your CDVs, ACDVs, AUDFs, and UDFs which bear any of the personal identifiers of plaintiff, as well as the complete log of all reinvestigation activities in any file, report or other record bearing any of plaintiff’s personal identifiers.
RESPONSE:

REQUEST FOR PRODUCTION NO. 15:
Please produce copies of your annual reports to shareholders for each of the preceding four (4) years.
RESPONSE:

REQUEST FOR PRODUCTION NO. 16:
Please produce copies of your quarterly profit and loss statements for each of the preceding twenty-four (24) quarters.
RESPONSE:

REQUEST FOR PRODUCTION NO. 17:
Please produce copies of your balance sheets for each of the preceding twenty (20) quarters.
RESPONSE:

REQUEST FOR PRODUCTION NO. 18:
Please produce each dispute resolution log encompassing the entire period of time such logs are maintained by you.
RESPONSE:

REQUEST FOR PRODUCTION NO. 19:
Please produce all computer screens showing any information regarding plaintiff or any of his disputes.
RESPONSE:

REQUEST FOR PRODUCTION NO. 20:
Please produce your documents discussing the Metro Tape Format and the Metro Tape 2 Format.
RESPONSE:

REQUEST FOR PRODUCTION NO. 21:
Please produce a complete copy of your Indicating Manual.
RESPONSE:

REQUEST FOR PRODUCTION NO. 22:
Please produce any and all policy manuals, procedure manuals, or other documents, which address 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 the disputed data.
RESPONSE:

REQUEST FOR PRODUCTION NO. 23:
Please produce your policy manuals, procedure manuals, or other documents, which address instructions or directions, provided by your company to any furnisher, with regard to the means, methods and guidelines for communicating corrections of credit data to you.
RESPONSE:

REQUEST FOR PRODUCTION NO. 24:
Please produce any and all policy manuals, procedure manuals, or other documents, which address instructions or directions, provided by your company to any subscriber, with regard to application processing and inquiry formatting from the subscriber to you.
RESPONSE:

REQUEST FOR PRODUCTION NO. 25:
Please produce a copy of each credit score you have published regarding plaintiff.
RESPONSE:

REQUEST FOR PRODUCTION NO. 26:
Please produce copies of any and all credit reports generated and/or issued by you concerning Plaintiff or which bear any of his personal identifiers. This request includes all archived reports, current, on-line reports, off-line reports, and a report consisting of the current state of your consumer credit database storing the credit data which you believe is attributable to Plaintiff or which bear any of his personal identifiers. In connection therewith, please identify the recipient(s) of each document.
RESPONSE:

REQUEST FOR PRODUCTION NO. 27:
Please provide a complete audit trail of any document(s), computer(s), or other data held by you which, in any degree, address or discuss Plaintiff or any of his personal identifiers and/or any of the data identified, as false, by Plaintiff in this action.
RESPONSE:

REQUEST FOR PRODUCTION NO. 28:
Please provide copies of your subscriber contracts with any of the other defendants which were in effect in the two year period preceding the date of the filing of this lawsuit.
RESPONSE:

REQUEST FOR PRODUCTION NO. 29:
Please produce a copy of each adverse action code [also called risk factors or denial codes] you have published regarding plaintiff.
RESPONSE:

REQUEST FOR PRODUCTION NO. 30:
Please produce a copy of each decoding manual or list necessary to interpret and decode each of the symbol or abbreviations present in your ACIS cases, frozen scans, dispute resolution log and screen prints pertaining to plaintiff.
RESPONSE:

REQUEST FOR PRODUCTION NO. 31:
Please produce any and all work papers, notes, and documents in the file of any expert witness who is expected to testify, or in the file of the expert who has written a report which is or will be relied upon, in whole or in part, by a testifying expert.
RESPONSE:

REQUEST FOR PRODUCTION NO. 32:
Please produce any and all expert reports which have been prepared in connection with this lawsuit or the incident giving rise to this lawsuit, if the expert is expected to or may testify in this cause.
RESPONSE:

REQUEST FOR PRODUCTION NO. 33:
Please produce 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.
RESPONSE:

REQUEST FOR PRODUCTION NO. 34:
Please produce copies of any statements you have taken or received from any person in any way connected with the allegations contained in this lawsuit.
RESPONSE:

REQUEST FOR PRODUCTION NO. 35:
Please produce any and all documents which contain data listing or otherwise identifying each of your operators or other employees, their corresponding office descriptions and numbers, and their corresponding badge and identification numbers, who communicated with Plaintiff, any person concerning any account, dispute, report, or other document(s) made subject of and/or requested in any of the foregoing requests by Plaintiff to you.
RESPONSE:

REQUEST FOR PRODUCTION NO. 36:
Please produce a copy of each and every screen and file in your consumer credit database which in any way references plaintiff or any of his personal identifiers.
RESPONSE:

Respectfully submitted:


By: ______________________________
David A. Szwak, LBR#21157
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 Requests for Production of Documents 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 __________________, 2003.

______________________________
OF COUNSEL


UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF HAWAII

GARY CISNEROS,

v. Civil Action No. CV03-00200-PK-LEK

TRANS UNION, ET AL

STATE OF _____________________
PARISH/COUNTY OF ___________

AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared _____________________________________, who is employed by CREDIT BUREAU OF THE PACIFIC, 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:__________________________________
CREDIT BUREAU OF THE PACIFIC

SWORN TO AND SUBSCRIBED this the ____ day of _____________, 2003, _________ Parish/County, __________________.


__________________________________
NOTARY PUBLIC

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