Mixed Files: Interrogatories to Experian Info.

David A. Szwak

Mixed Files: Interrogatories to Experian Info.

Postby David A. Szwak » Sun Oct 16, 2005 11:51 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.

INTERROGATORIES TO DEFENDANT, EXPERIAN INFORMATION SOLUTIONS, INC.
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.

PLEASE TAKE NOTICE that you are hereby notified and required to respond to the following Interrogatories and produce the requested information to Plaintiff herein, through her attorney of record, David A. Szwak, within thirty (30) days from service hereof in accordance with the provisions of Rule 33, 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 information changes or otherwise becomes known, if not currently known after proper inquiry, or otherwise becomes 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 which is available to you, including, without limitation, all information in the possession of your attorneys, accountants, affiliates, auditors, agents, employees, officers, directors, shareholders, contractors, or other personnel, and not merely such information as is in your possession.
If you cannot respond to any of the following requests in full, after exercising due diligence to secure information 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 information you have concerning the unproduced information, and what efforts you made to secure information 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 information within your own knowledge or what you have obtained from others. However, for every response in which you include information received from others, please provide the name, any known address, and any known phone number of the person from whom you so received such information. And, in every such instance please state that you cannot verify such of your own personal knowledge, identifying particularly the information 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 information within that time frame. Further, each request should identify the appropriate time frame, if your response requires same.

DEFINITIONS
1. "You" includes EXPERIAN INFORMATION SOLUTIONS, INC., 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 "EXPERIAN”.
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;
[c] 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 telefax 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 CYNTHIA COMEAUX.
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.
INTERROGATORIES
INTERROGATORY NO. 1:
Please state the full name, present address, employer, title and occupation of all persons providing information and documents responsive to these requests.
ANSWER:


INTERROGATORY NO. 2:
Please identify all individuals known to you or your attorney who are witnesses to the events described in plaintiff's complaint or to any event which is the subject of any defense you have raised to this lawsuit. For each such person, please provide a brief summary of facts to which each might or could testify. Also for each such person, please state the following:
a) Please state whether each such person is affiliated with, or related to, or employed by any party (or its agents, servants, officers, or employees) to this lawsuit;
b) If any of the persons so listed in response to this interrogatory do not fit the characterization in subpart A above, please describe the nature of their involvement in this lawsuit;
c) Please explain and describe your understanding of their knowledge of such facts.
ANSWER:






INTERROGATORY NO. 3:
Please list, explain and describe documents known to you or believed by you to exist concerning any of the events described in plaintiff's complaint or concerning any of the events which are the subject[s] of any defense[s] you have raised to this lawsuit.
ANSWER:




INTERROGATORY NO. 4:
Please identify each expert witness, your employee or otherwise, you believe may have formed any opinion or consulted with you about the facts or basis of this lawsuit or any defense or allegation you have raised in this lawsuit.
ANSWER:



INTERROGATORY NO. 5:
Please identify all individuals known to you or your attorney who are not witnesses, but who you have reason to believe have knowledge pertinent to the events at issues as alleged in plaintiff's complaint, and provide a brief summary of the facts to which each such person could testify. For each person, please state the following:
a. Please state whether each such person is affiliated with, or related to, or employed by any party (or its agents, servants, officers, or employees) to this lawsuit;
b. If any of the persons so listed in response to this interrogatory do not fit the characterization in subpart A above, please describe the nature of their involvement in this lawsuit;
c) Please explain and describe your understanding of their knowledge of such facts.
ANSWER:


INTERROGATORY NO. 6:
Please state whether any of the individuals listed in the answers to the preceding interrogatories have given any statement[s] to you and, if so, please identify the individual giving the statement, identify the individual to whom the statement was given, the date of the statement, and whether or not the statement was written or recorded and, if it was written or recorded, identify the individual presently in possession of it.
ANSWER:


INTERROGATORY NO. 7:
Please list each exhibit which you may attempt to introduce as evidence at the trial of this case, or which has been used or referred to by any expert witness on your behalf [as called for in interrogatory no. 4].
ANSWER:




INTERROGATORY NO. 8:
For each paragraph of plaintiff's complaint for which you deny the allegations, please explain and describe any facts which you believe may support each denial.
ANSWER:

INTERROGATORY NO. 9:
Please explain and describe when, how and under what circumstances you archive, retain or capture consumer credit data in any file bearing any of plaintiff's personal identifiers. List the frozen or archived data reports wherein any personal information about plaintiff or attributed to any of plaintiff's personal identifiers, including the date such data was captured, retained and/or archived, who has possession of those reports, the manner in which the reports are maintained, and the retention policy[ies] regarding those reports.
ANSWER:




INTERROGATORY NO. 10:
With regard to each item on plaintiff’s Experian credit reports published historically by you and which plaintiff disputed as inaccurate, either by letter, complaint, or discovery response, please list, explain and describe the precise personal identification and header record reported to you by each such furnisher of information as to each account or other item appearing on her Experian credit report[s]. In connection with inquiries made by Experian or any of those furnishers-users of information, please list, explain and describe the precise personal identifiers supplied to you as part of the inquiry by the furnisher-user.
ANSWER:


INTERROGATORY NO. 11:
Please state your net income for the preceding twenty-four (24) quarters.
ANSWER:


INTERROGATORY NO. 12:
Please state the dates and exact metro tape format content of each of your reportings, which bore any of plaintiff's personal identifiers, you made to any person which contained any of the disputed account[s] data or account[s] reportings, as identified in plaintiff's complaint. Please fully identify the recipient.
ANSWER:






INTERROGATORY NO. 13:
Please explain and describe any disputes you received from plaintiff or concerning plaintiff from any third person and explain and describe your actions and disposition of your actions in connection with each contact or communication.
ANSWER:


INTERROGATORY NO. 14:
Please explain and describe the audit trail of plaintiff's credit report in connection with each disputed account, as identified in plaintiff’s letters, complaint, and discovery responses, and in connection with any personal data or inquiries made or supplied by your furnishers as identified.
ANSWER:



INTERROGATORY NO. 15:
Please list, explain and describe each and every code contained in each administrative report, reinvestigation log [dispute resolution log], and 7X report you generated or otherwise recorded regarding plaintiff. For each such code, please also explain and describe, in detail, the purpose of such code, the content of such action, the duration of such action, and the reason you permitted such action or entry.
ANSWER:




INTERROGATORY NO. 16:
Please list, explain and describe each and every code contained in each computer data screen you possess regarding plaintiff. For each such code, please also explain and describe, in detail, the purpose of such code, the content of such action, the duration of such action, and the reason you permitted such action or entry.
ANSWER:



INTERROGATORY NO. 17:
Please list, explain and describe each and every contact or communication you received from your co-defendants which, in any way, referenced plaintiff. This request would include any GEIS [General Electric Information Services]-based and E-Oscar communications, UDF's, AUDF's, CDV's, ACDV's, tape transfers, system to system transfers, phone calls and other means of communication.
ANSWER:



INTERROGATORY NO. 18:
For each credit report you issued to any third person in the two years preceding the filing of this lawsuit and since the filing of this lawsuit, please list, explain and describe, in the greatest detail you are able, each and every negative item of data appearing in the report and how each such item is factored in the credit scores you generated and issued. Please further list the credit scores you have issued, list the respective dates each such credit score was issued, and identify the person/entity to whom you published the credit score.
ANSWER:



INTERROGATORY NO. 19:
Please list, explain and describe your deletion and data suppression system capabilities and functions. Please state what, if any, data or files were deleted or suppressed from reports issued about plaintiff and state the retention periods for such deletion or suppression. Please supply the codes invoked for such mechanisms and the description and explanation of each such code.
ANSWER:


INTERROGATORY NO. 20:
For each credit report you issued to any third person in the two years preceding the filing of this lawsuit and since the filing of this lawsuit, please list, explain and describe, in the greatest detail you are able, each and every adverse action code and message [also called “denial codes,” “denial messages,” “risk factors” and “risk factor messages”] you published in each such report and how each such item is factored in the adverse action codes and messages you generated and issued. Please further list [both by code and detailed description and decode] the adverse action codes and messages you have issued, list the respective dates each such adverse action code and message was [were] issued, and identify the person/entity to whom you published the adverse action codes and messages.
ANSWER:


INTERROGATORY NO. 21:
Please list, explain and describe your reinvestigation activities in response to each of plaintiff’s disputes. Please identify each Experian employee involved in each notice, transaction or event, as well as any supervising employee overseeing such each notice, transaction or event.
ANSWER:


INTERROGATORY NO. 22:
For each employee witness or proposed expert witness which you may call as a witness as trial, please list each and every lawsuit in which each respective person has published a such a written or otherwise recorded report, proposed expert report, affidavit, deposition testimony and/or trial testimony, and explain and describe the nature of the employee witness’s or proposed expert witness’s testimony and the complete caption, including court name and location, of the case where such a written or otherwise recorded report was rendered, where the proposed expert report was rendered, where the affidavit was filed or exchanged, where deposition testimony and/or trial testimony was taken.
ANSWER:




INTERROGATORY NO. 23:
With regard to each item on plaintiff’s Experian credit reports published historically by you and which plaintiff disputed as inaccurate, either by letter, complaint, or discovery response, please state whether you were authorized to report credit reporting information from each of the respective furnishers and, if so, please state, explain and describe, the source of your authority, the exact contents of your agreement or authorization, as well as any attendant terms and conditions placed on your ability to report such information.
ANSWER:



Respectfully submitted:

Bodenheimer, Jones, Szwak

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 Interrogatories 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 EASTERN DISTRICT OF TEXAS
Marshall Division

CYNTHIA COMEAUX,
Plaintiff,

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

STATE OF _____________________
PARISH/COUNTY OF ___________

AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared _____________________________________, who is employed by EXPERIAN INFORMATION SOLUTIONS, INC., 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:__________________________________
EXPERIAN INFORMATION SOLUTIONS, INC.

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


__________________________________
NOTARY PUBLIC

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