Identity Theft:FRCP 30[b][6] Notice of Depo to Experian Info

David A. Szwak

Identity Theft:FRCP 30[b][6] Notice of Depo to Experian Info

Postby David A. Szwak » Mon Oct 17, 2005 1:09 pm

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

PAUL K. COOLEY,
Plaintiff,
v. Civil Action No.
2-02-CV-0149 [TJW]
EXPERIAN INFORMATION
SOLUTIONS, ET AL,
Defendants.

NOTICE OF ORAL DEPOSITION DUCES TECUM
To: EXPERIAN INFORMATION SOLUTIONS, INC.
through its attorneys of record:
Dan McLoon, Esq.
Brian Farlow, 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 and agreement of counsel for purposes of reconvening, 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 18th day of March, 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; 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; fraud 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 Admin and 7X report generated about or concerning plaintiff; each
record in the communications log; and each dispute lodged by plaintiff and any responses to each dispute.

Respectfully submitted:

Bodenheimer, Jones, Szwak

By: _________________________________
David A. Szwak, LBR#21157
416 Travis St., Ste. 240
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 __________________,
2002.
__________________________________
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.

Page 2 of 3
Exhibit "A"


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.

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.

Page 3 of 3
Exhibit "A"


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 fraud 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.

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.

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