Identity Theft: Interrogatories to Furnisher/Dupe: 1

[David A. Szwak]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS

MARICELA MENDOZA CAUSE NO.:
CIV-H-02-2465
Versus

EXPERIAN INFORMATION SOLUTIONS,
ET AL

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS
To: AIR TOUCH CELLULAR D/B/A VERIZON WIRELESS
through its attorney of record:
Dean Hunt, Esq.
Deana Freeman, Esq.
Bracewell & Patterson
711 Louisiana Street, Ste. 2900
Houston, Texas 77002-2781
Counsel for Verizon

PLEASE TAKE NOTICE that you are hereby notified and required to respond to the following Requests For Production of Documents and produce the following documents requested to Plaintiff herein, through their attorney of record, David A. Szwak, within the delays allowed by law from service hereof in accordance with the provisions 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 documents become 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, documents which are available to you, including, without limitation, all documents in the possession of your attorneys, accountants, affiliates, auditors, agents, employees, officers, directors, shareholders, contractors, or other personnel, and not merely such documents as are in your possession.
If you cannot respond to any of the following requests in full, after exercising due diligence to secure documents 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 documents you have concerning the unproduced documents, and what efforts you made to secure documents 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 documents within your own knowledge or what you have obtained from others. However, for every response in which you include documents received from others, please provide the name, any known address, and any known phone number of the person from whom you so received such documents. In every such instance please state that you cannot verify such of your own personal knowledge, identifying particularly the documents 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 hereinbelow.
Unless otherwise stated, each request pertains to the time period beginning January, 1998, through the present date. Thus, your responses should be fully answered as they pertain to information, recordings or documents within that time frame. Further, each request should identify the appropriate time frame, if your response requires same.
DEFINITIONS
1. "You" includes AIR TOUCH CELLULAR D/B/A VERIZON WIRELESS, 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.
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.

REQUEST FOR PRODUCTION NO. 1:
Please produce a complete copy of your contracts and agreements with your indirect outlet which submitted the application information from the Service Agreement [“application”], which is designated as exhibit V-2 to the Verizon deposition in this case.
RESPONSE:

REQUEST FOR PRODUCTION NO. 2:
Please produce a complete copy of your “training materials” regarding application evaluation which you claim to have provided to your indirect outlet, which submitted the application information from the Service Agreement [“application”], which is designated as exhibit V-2 to the Verizon deposition in this case.
RESPONSE:

REQUEST FOR PRODUCTION NO. 3:
Please produce any and all expert reports which have been prepared in connection with this lawsuit or the incident giving rise to this lawsuit, if the expert is expected to or may testify in this cause.
RESPONSE:

REQUEST FOR PRODUCTION NO. 4:
Please produce 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.
RESPONSE:

REQUEST FOR PRODUCTION NO. 5:
Please produce copies of any statements or recordings you have made, taken or received from Plaintiff or any third person in any way connected with this action.
RESPONSE:

REQUEST FOR PRODUCTION NO. 6:
Please produce copies of your policies regarding verification of identification at the point of sale.
RESPONSE:

Respectfully submitted:

Bodenheimer, Jones, Szwak & _, LLP


By__________________________________
David A. Szwak, T.A., LBR#21157
416 Travis St., Ste. 1404
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 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