Errors/Fraud: FRCP 30[b][6] Notice of Depo to Trans Union

David A. Szwak

Errors/Fraud: FRCP 30[b][6] Notice of Depo to Trans Union

Postby David A. Szwak » Sun Oct 16, 2005 6:34 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

NOTICE OF ORAL DEPOSITION DUCES TECUM
To: TRANS UNION L.L.C.
through its attorneys of record:
Warren Price, III
John D. Zalewski
Price Okamoto Himeno & Lum
Ocean View Center, 707 Richards Street, Suite 728
Honolulu, HI 96813 and
Theresa C. Lopez
Donald E. Bradley
Crowell & Moring, LLP
3 Park Plaza, 20th Floor
Irvine, CA 92614-8505
Counsel for TRANS UNION L.L.C.

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, TRANS UNION L.L.C. [“TRANS UNION”], before a certified court reporter at the law offices of Theresa C. Lopez, Donald E. Bradley, Crowell & Moring, LLP, 3 Park Plaza, 20th Floor, Irvine, CA 92614-8505, on the ____ day of December, 2003, beginning at 10:00 a.m., 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; TRANS UNION’s responses, answers, pleadings and defenses alleged; TRANS UNION’s history search summary records for each and every File Identification Number of each data file bearing any of plaintiff’s personal identifiers such that the file[s] would be returned as a possible file in response to an inquiry about plaintiff; all Trade Detail Set records involving the account[s] made subject of this litigation and any account[s] bearing any of plaintiff’s personal identifiers; all name 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 in response to an inquiry about plaintiff, for a period of four years predating the filing of this lawsuit; the Audit 16 and Journal 20 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 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 TRANS UNION generated and published to each user/subscriber listed in the inquiry logs shown on plaintiff’s credit reports and credit data files maintained in TRANS UNION’s records; TRANS UNION’s inquiries into plaintiff’s credit reports; TRANS UNION's relationship and subscriber contracts with its co-defendants; TRANS UNION's information archival system regarding credit reportings made by its co-defendants; TRANS UNION's information archival system regarding credit data files in its CRONUS system; TRANS UNION’s audit trail of their credit and credit reporting systems; TRANS UNION's ability to maintain physical and computerized records; TRANS UNION's credit reporting dispute reinvestigation procedures and policies; TRANS UNION’s policies and procedures for compliance with 15 U.S.C. 1681e; TRANS UNION’s policies and procedures for compliance with 15 U.S.C. 1681i; TRANS UNION’s policies and procedures for posting and reporting account information from its co-defendants; TRANS UNION’s CDV and ACDV processes; TRANS UNION’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]; TRANS UNION’s reinvestigation methods used to address plaintiff’s disputes; TRANS UNION’s data suppression and deletion mechanisms; all TRANS UNION 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 TRANS UNION’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 TRANS UNION to each dispute; each dispute lodged by plaintiff and any responses by your co-defendants to each dispute; communications between TRANS UNION and its co-defendants regarding plaintiff; communications between plaintiff and TRANS UNION; the cost of a reinvestigation of a consumer’s dispute by TRANS UNION; the cost incurred by TRANS UNION in reinvestigating plaintiff’s disputes; audits by TRANS UNION to study and assess the cost of dispute reinvestigations; TRANS UNION's contacts with plaintiff; TRANS UNION's data and file matching programs; TRANS UNION's use of a quota system; TRANS UNION’s reinvestigation activities; prior written statements, depositions, affidavits and trial testimonies of persons who TRANS UNION may call as witnesses in the trial of this lawsuit; each credit score, Empirica or otherwise, which TRANS UNION published regarding plaintiff; each adverse action [a/k/a risk factor a/k/a denial code] TRANS UNION published regarding plaintiff.

Respectfully submitted:

Bodenheimer, Jones, Szwak & _, LLP

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: TRANS UNION L.L.C., 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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