Mixed Files: FRCP 30[b][6] Notice of Depo to Experian

David A. Szwak

Mixed Files: FRCP 30[b][6] Notice of Depo to Experian

Postby David A. Szwak » Sun Oct 16, 2005 11:35 pm

UNITED STATES DISTRICT COURT
IN AND FOR THE EASTERN DISTRICT OF TEXAS
Marshall Division

CYNTHIA COMEAUX,
Plaintiff,

Versus Civil Action No.
2-02CV0304
EXPERIAN INFORMATION SOLUTIONS, JURY DEMANDED,
INC.,
Defendant.

NOTICE OF ORAL DEPOSITION DUCES TECUM
To: EXPERIAN INFORMATION SOLUTIONS, INC.
through its attorneys of record:
Dan McLoon, Esq.
Cindy Andrew, Esq.
Jones, Day, Reavis & Pogue
2727 North Harwood
Dallas, Texas 75201
Counsel for Experian Information Solutions, Inc.
Pursuant to Rule 30 of the Federal Rules of Civil Procedure, Plaintiff announces that she will take the deposition of EXPERIAN INFORMATION SOLUTIONS, INC., before a certified court reporter at the law offices of Jones, Day, Reavis & Pogue, 2727 North Harwood, Dallas, Texas 75201, on the 12th day of November, 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 those areas and facts discussed in plaintiff’s complaint; Experian's responses and pleadings; Experian's contacts with plaintiff[s]; plaintiffs' disclosures; Experian's disclosures and any defense raised by Experian; Experian's relationship and subscriber contracts with its affiliates and defendants-subscribers/ furnishers of data; Experian's information archival system; Experian's audit trail of their system; Experian's ability to maintain physical and computerized records; Experian's data and file matching programs; Experian's use of a quota system; the cost of a reinvestigation; Experian’s audits and studies regarding the cost of conducting a reinvestigation; the volume of reinvestigation requests; CASS activities; CDV and ACDV processes; any and all CDVs, ACDVs, UDFs and AUDFs bearing any of plaintiff’s identifiers and/or the disputed account numbers; call center activities; reinvestigation department activities; suppression codes; reinvestigation methods; data suppression mechanisms; all aspects of Experian's data deletion and suppression functions; all Experian data files and reportings regarding the plaintiff and/or any of her personal identifiers; each item of code and data appearing on each Administrative and 7X report generated about or concerning plaintiff; each record in the communications log; each dispute lodged by plaintiff and any responses to each dispute; Experian’s data matching process; Experian’s mixed file problem; Experian credit reports of and concerning plaintiff which contained information regarding other consumers; and Experian’s credit scoring models and scores used and issued regarding plaintiff.

Respectfully submitted,

Bodenheimer, Jones, Szwak


By: ___________________________________
David A. Szwak, La.BR #21157
416 Travis Street, Suite 1404
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555
Counsel for Plaintiff

CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing has been served upon opposing 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: EXPERIAN INFORMATION SOLUTIONS, INC., hereinafter merely referred to as "Company" or "you" or "your":
EXHIBIT "A"
1. All documents in your possession which list, bear, or contain the plaint name(s) and/or which bear plaint 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 plaint name(s) and/or which bear plaint other personal identifiers, as set forth in documents previously provided you.

3. A copy of each and every internal document generated from your SuperCaps/CAPS and consumer reporting database, which list, bear, or contain the plaint name(s) and/or which bear plaint other personal identifiers, as set forth in documents previously provided you. This request specifically includes your dispute resolutions logs [each of them], each 7X report, each Administrative report or other internal report which lists, bears, or contains the plaint name(s) and/or which bears plaint 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 plaint name(s) and/or which bear plaint 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 insuring the maximum possible accuracy of data maintained or disseminated by you.

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 credit reports generated and/or issued by you concerning Plaintiff or which bear any of the personal identifiers of Plaintiff. This request includes all frozen data reports, archived reports, current, on-line reports and the current state of the credit data of Plaintiff or which bear any of the personal identifiers of Plaintiff. In connection therewith, please identify the recipient(s) of each document. Page 2 of 3
Exhibit "A"

9. 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.

10. Copies of your subscriber contracts between you and any of your subscribers, whose reportings were disputed by plaintiff[s].

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

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

13. 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.

14. 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].

15. 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.

16. 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.

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

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

19. 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. Page 3 of 3
Exhibit "A"

20. A copy of any manual listing each and every code appearing on your administrative reports and 7X reports and providing an explanation and description of each such code.

21. A copy of the decode documentation which would permit the decoding of each and every item of code and data appearing on each Administrative and 7X report generated about or concerning plaintiff.

22. A copy of the decode documentation which would permit the decoding of each and every item of code and data appearing on each record in the communications log.

23. A copy of the decode documentation which would permit the decoding of each and every item of code and data appearing in the Dispute Resolution Logs and reports.

24. A copy of the decode documentation which would permit the decoding of each and every item of code and data appearing on each CDV and ACDV.

25. Experian’s data matching process.

26. Records documenting Experian’s mixed file problem.

27. Records documenting Experian’s mixed file statistics.

28. Records documenting Experian’s audit of mixed files.

29. Experian credit reports of and concerning plaintiff which contained information regarding other consumers.

30. Records documenting Experian’s credit scoring models and scores used and issued regarding plaintiff.

31. Records documenting the cost of a reinvestigation.

32. Records documenting Experian’s audits and studies regarding the cost of conducting a reinvestigation.

33. Records documenting the volume of reinvestigation requests you receive.

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