Errors/Fraud: FRCP 30[b][6] to Equifax Credit

David A. Szwak

Errors/Fraud: FRCP 30[b][6] to Equifax Credit

Postby David A. Szwak » Sun Oct 16, 2005 6:24 pm

UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF HAWAII

GARY CISNEROS,
Civil Action No. CV03-00200-PK-LEK
v.

TRANS UNION, ET AL

NOTICE OF ORAL DEPOSITION DUCES TECUM
To: EQUIFAX INFORMATION SERVICES
through its attorneys of record:
Jess H. Griffiths
Godbey, Griffiths Reiss
1001 Bishop Street
Pauahi Tower, Suite 2300
Honolulu, HI 96813 and
Bradley J. Miller
Kilpatrick Stockton, LLP
1100 Peachtree St., Ste. 2800
Atlanta, GA 30309
Counsel for EQUIFAX INFORMATION SERVICES
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, EQUIFAX INFORMATION SERVICES [“EQUIFAX”], before a certified court reporter at the law offices of Bradley J. Miller, Kilpatrick Stockton, LLP, 1100 Peachtree St., Ste. 2800, Atlanta, GA 30309, on the 17th day of February, 2004, beginning at 11:00 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 includes the allegations and facts discussed in plaintiff’s complaint filed in this lawsuit; EQUIFAX’s responses, answers, pleadings and defenses alleged; EQUIFAX’s ACIS case records for each and every data file bearing any of plaintiff’s personal identifiers such that the file[s] would be returned as a possible file or partial match in response to an inquiry about plaintiff; all account reporting records involving the accounts made subject of this litigation and any account[s] bearing any of plaintiff’s personal identifiers; all frozen scans for each and every data file bearing any of plaintiff’s personal identifiers such that the file[s] would be returned as a possible file or partial match in response to an inquiry about plaintiff, for a period of four years predating the filing of this lawsuit; reinvestigation records and any non-computerized reinvestigation records for each and every data file bearing any of plaintiff’s personal identifiers such that the file[s] would be returned as a possible file or partial match in response to an inquiry about plaintiff, for a period of four years predating the filing of this lawsuit; each and every archived subscriber-version credit report which EQUIFAX generated and published to each user/subscriber listed in the inquiry logs shown on plaintiff’s credit reports and credit data files maintained in EQUIFAX’s records; EQUIFAX’s inquiries into plaintiff’s credit reports; Equifax’s practice of taking the consumer’s credit file offline once suit is filed against EQUIFAX; EQUIFAX's relationship and subscriber contracts with its co-defendants; EQUIFAX's information archival system regarding credit reportings made by its co-defendants; EQUIFAX's information archival system regarding credit data files in its credit reporting system; EQUIFAX’s audit trail of their credit and credit reporting systems; EQUIFAX's ability to maintain physical and computerized records; EQUIFAX's credit reporting dispute reinvestigation procedures and policies; EQUIFAX’s policies and procedures for compliance with 15 U.S.C. 1681e; EQUIFAX’s policies and procedures for compliance with 15 U.S.C. 1681i; EQUIFAX’s policies and procedures for posting and reporting account information from its co-defendants; EQUIFAX’s CDV and ACDV processes; EQUIFAX’s UDF and AUDF processes; any and all CDVs, ACDVs, UDFs and AUDFs bearing any of plaintiff’s identifiers and/or the disputed account[s]; EQUIFAX’s reinvestigation methods used to address plaintiff’s disputes; EQUIFAX’s data suppression and deletion mechanisms; all EQUIFAX data files and reportings regarding the plaintiff and/or any of his personal identifiers; each internal record and report generated about or concerning plaintiff; each record in EQUIFAX’s communications log and records which pertain to the accounts and reportings made subject of this litigation and any accounts bearing any of plaintiff’s personal identifiers; each dispute lodged by plaintiff and any responses by EQUIFAX to each dispute; each dispute lodged by plaintiff and any responses by your co-defendants to each dispute; communications between EQUIFAX and its co-defendants regarding plaintiff; communications between plaintiff and EQUIFAX; the cost of a reinvestigation of a consumer’s dispute by EQUIFAX; the cost incurred by EQUIFAX in reinvestigating plaintiff’s disputes; audits by EQUIFAX to study and assess the cost of dispute reinvestigations; EQUIFAX's contacts with plaintiff; EQUIFAX's data and file matching programs; EQUIFAX's use of a quota system; EQUIFAX’s reinvestigation activities; prior written statements, depositions, affidavits and trial testimonies of persons who EQUIFAX may call as witnesses in the trial of this lawsuit; each credit score, Beacon or otherwise, which EQUIFAX published regarding plaintiff; each adverse action [a/k/a risk factor a/k/a denial code] EQUIFAX published regarding plaintiff.

Respectfully submitted:


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: EQUIFAX INFORMATION SERVICES, hereinafter merely referred to as "Company" or "you" or "your":

EXHIBIT "A"
1. All documents requested by plaintiff in his Requests for Production of Documents previously propounded upon you in this lawsuit.

2. For each witness you may offer at trial, please produce a copy of each deposition transcript from each prior deposition where such person[s] has [have] provided testimony in a case where you were a party.

3. For each witness you may offer at trial, please produce a copy of each affidavit such person[s] has [have] provided sworn or unsworn statements in a case where you were a party.

4. For each witness you may offer at trial, please produce a copy of each trial testimony transcript from each prior trial where such person[s] has [have] provided testimony in a case where you were a party.

5. For each witness you may offer at trial, please produce a copy of each written report, purported expert or otherwise, from each prior case where such person[s] has [have] provided a statement which was disclosed in a case where you were a party.

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