I sent a notice to the plaintiff for written interrogatories, request for production of documents, and request for admissions. This is there responses.
SECOND ROUND SUB LLC
DEFENDANT’S FIRST SET OF WRITTEN INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUESTS FOR ADMISSIONS
(NOTE: This Document contains Requests for Admissions)
DEFENDANT’S FIRST SET OF WRITTEN INTERROGATORIES
TO SECOND ROUND SUB LLC
Now comes Defendant, pro se, and pursuant to Rules 33 and 34 of the Ohio Rules of Civil Procedure propounds the following Interrogatories, Request for Production of Documents, and Requests for Admissions to Plaintiff to be answered within twenty-eight (28) days after the date of service. Plaintiff is under a duty to supplement its responses in accordance with Rule 26 (E).
INSTRUCTIONS AND DEFINITIONS
1. Pursuant to Civ. R. 33, 34, and 36, Plaintiff must furnish such information as is known or available to him and such documents which are in his possession or available to him.
Plaintiff objects to Defendant's requests to the extent that they intend to impose upon plaintiff obligations greater than those imposed by the Ohio rules of Civil procedure, the local Rules of this court, or any other Orders of this court.
2. Each Interrogatory must be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for the objection shall be stated in lieu of an answer.
Plintiff reserves all of its evidentiary objections. None of the answers, information, or responses provide herin or pursuant herto shall be construed as any waiver of any objection as to the admissibility into evidence of such answers, information, and/or responses.
3. An evasive or incomplete answer will be deemed a failure to answer under Civ. R. 37.
Plaintiff objects to Defendant's requests to the extent that they attempt o invade the attorney-client privilege and/or the attorney work product doctorine.
4. Plaintiff is under a continuing duty to seasonably supplement his responses with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters, the identity and location of documents relating to the subject matter of the instant lawsuit, the identity of each person expected to be called as a witness at hearing and/or trial and the subject matter on which the witness is expected to testify. Furthermore, Plaintiff is under a duty to seasonably correct any response that he knows or later learns is incorrect.
Plainiff objects to Defendant's request to the extent that they violate Ohio Rule of Civil Procedure 26(b)91) in that they seek information or documents not reasonable calculated to lead to the discovery of admissible evidence.
5. “Person” means natural persons, corporations, partnerships, sole proprietorships, unions, associations, federations, government agencies, or any other kind of entity.
6. The term “identify” when used herein in connection with natural persons means to state their full names, titles, and job descriptions, if applicable, and their present business and home address. If each person’s present business and home address is not known or available to you, state the last known or available business or home address of each such person or persons. “Person” includes, but is not limited to expert witnesses.
7. The word “identify” when used in reference to a person (as defined above) other than a natural person, means to state (1) its full name; (2) the nature of its organization, including the name of the state in which it was organized; (3) its address(es); (4) the address(es) of its principle place of business, and (5) its principal line(s) of business. If any of the above information is not available to Plaintiff, provide any other available information with or by which such person can be identified.
8. The term “identify” when used herein in connection with documents, or other tangible evidence means to describe these documents, or other tangible evidence, setting forth their dates, titles, authors, addresses, parties, and contents, topics or methods dealt with therein, with reasonable specificity as is sufficient for a particular demand for production. Documents to be identified shall include those documents in your possession, custody, or control and all other documents of which you have knowledge. The term “identify” when used herein in connection with documents that have been filed for record in any public office means to identify as well the date, time, place, filing number and volume and page of recordation or filing, if any.
9. The term “identify” when used herein in connection with oral statements and communications means to describe or summarize the contents of the statements and communications and to (1) state the date and place where they were made; (2) identify each of the speakers and recipients thereof in addition to all the persons present; and (3) indicate the medium of communication (such as by telephone or in person). NOTE: When identifying the date of an oral statement or communication, the precise date must be given. If only an approximate date is given, it will be presumed that you do not recall or have no specific knowledge as to the exact date.
10. The term “documents” when used herein means all original writings of any nature whatsoever, and all non-identical copies thereof, in your possession, custody or control, regardless of where located, and includes but is not limited to contracts, agreements, records, video tapes, tape recordings, correspondence, memoranda, communications, reports, studies, summaries, notes of any kind, bulletins, notices, announcements, instructions, plans and any other documents as defined by, but not limited to Civ. R. 34. In all other cases where originals and/or non-identical copies are not available, “documents” also means identical copies. Further, “documents” also means any information that can be printed or otherwise provided in hard copy from any computer, word processor or similar device.
11. If any such document was, but is no longer in the possession of Plaintiff, or subject to his control, or is no longer in existence, state whether it (1) is missing or lost; (2) has been destroyed; (3) has been transmitted or transferred voluntarily or involuntarily to others, identifying such others; or (4) has been otherwise disposed of. In each such instance, explain the circumstances surrounding the authorization for such disposition and state the date or approximate date thereof. If any of the above information is not available to Defendant, provide any available information with or by which such documents can be identified.
12. “You” or “your” means the Plaintiff and his agents, representatives, investigators, attorneys, and all other persons acting for or on behalf of him.
13. “Date” when used herein shall include the day, month and year of the occurrence to which the interrogatory refers. Plaintiff is to provide the exact date or inclusive dates if known, or if not known, an approximation together with an indication that the date or dates supplied may not be exact.
14. In the event that you have an objection to any of the foregoing Interrogatories or Request for Production of Documents, please: (1) State the nature of the objection; and (2) if the ground is attorney-client privilege or attorney work-product, state the facts relied upon in support of the objection.
15. For all documents withheld for any claimed privilege, please prepare a privileged log for all documents withheld, including the following information: (1) the date of the document; (2) the author of the document; (3) the recipient of the document; (4) the general subject matter; and (5) the privilege asserted.
INTERROGATORIES
QUESTION 1. State the name, address, phone number, and place of employment of the person answering these interrogatories.
ANSWER:
(Name) Legal Services Manager for Crown Asset Management, LLC, GA. QUESTION 2: How did DEFENDANT qualify for the credit card she allegedly received, which is the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint?
ANSWER:
Objection to the form of the question as this request requires a narrative response and is compound. An interrogatory is a simple question in writing rellated to a particular subject that may be answered by a brief categorical answer. Its form and purpose is to correspond to that of a single question at trial.
QUESTION 3: With regard to the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint, please provide the names and addresses for each cardholder.
ANSWER:
My name and previous address, plus my mother's address (which I moved from in 2000, and only used that as a home of record while in the military, but not as my address/residence since 2000).
QUESTION 4: Please provide the last four (4) digits of the account number for the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint.
ANSWER:
1433, Synchrony bank
QUESTION 5: Identify and attach hereto each and every Exhibit you intend to introduce at any deposition, hearing and/or trial in this matter.
ANSWER:
Plaintiff has not identified all documents that it intends to offer into evidence at the trial of this matter and thus reseves the right to supplement this response at a later date. However, Plaintiff may introduce documents attached hereto at the trial of this matter.
DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
REQUEST 1: Please provide copies of all account statements from opening until the present, with regard to the ORIGINAL CREDITOR account referenced in Plaintiff’s complaint.
RESPONSE:
Objection to the form of the question as this request is unduly burdensome. Plaintiff further objects to the extent that the request calls for the production of documents in excess of the two year record retention period set forth in 12 CFR 226.25. Likewise the information requested is equally available to the Defendant as the defendant has, or had equal opportunity to retain the requested information.
WIthout waiving said Objection, Plaintiff states that it does not currently have in its possession, custody, and control the document associated with this request. However, discovery is ongoing and based on the information currently in its possession, custopdy, and control, the Defendant's Citibank N.A. credit account was opened June 07, 2012, charged off July 08, 2014, and a final payment was made April 09, 2014. Pleas see attached account statements. Plaintiff will supplement this response prior to trial pursuance to the Civil Rules and any scheduling order issued by the court.
REQUEST 2: Please provide any and all copies of assignments concerning the ORIGINAL CREDITOR account referenced in Plaintiff’s complaint which support Plaintiff’s claims.
RESPONSE:
Objection to the form of this question as this request is vague, overly broad, and unduly burdensome. Without waiving said objection, please see Bill of Sale date March 18, 2015 and Transfer and Assignment of Assets dates March 18, 2015, attached hereto.
REQUEST 3: Please produce any and all contracts between DEFENDANT, or any other cardholder, and ORIGINAL CREDITOR or PLAINTIFF concerning the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint.
RESPONSE:
Objection to the form of the question as this request is unduly burdensome. Plaintiff further objects to the extent that the request calls for the production of documents in excess of the two year record retention period set forth in 12 CFR 226.25. Likewise the information requested is equally available to the Defendant as the defendant has, or had equal opportunity to retain the requested information. WIthout waiving said Objection, Plaintiff states that it does not currently have in its possession, custody, and control the document associated with this request. Plaintiff will supplement this response prior to trial pursuance to the Civil Rules and any scheduling order issued by the court.
REQUEST 4: Please provide copies of all cancelled checks from any cash advances made on the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint.
RESPONSE:
Objection to the form of the question as this request is unduly burdensome. Plaintiff further objects to the extent that the request calls for the production of documents in excess of the two year record retention period set forth in 12 CFR 226.25. Likewise the information requested is equally available to the Defendant as the defendant has, or had equal opportunity to retain the requested information. WIthout waiving said Objection, Plaintiff states that it does not currently have in its possession, custody, and control the document associated with this request. Plaintiff will supplement this response prior to trial pursuance to the Civil Rules and any scheduling order issued by the court.
REQUEST 5: Please provide copies of all correspondence between ORIGINAL CREDITOR or any other alleged assignee/assignor of the debt and any cardholder with regard to the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint.
RESPONSE:
Plaintiff objects to this Request as irrelevant. This request is not reasonably calculated to lead to the discovery of admissible evidence or otherwise beyond the scope of permissible disocovery.
REQUEST 6: Please provides copies of all credit card applications submitted by DEFENDANT or any other credit card holder to ORIGINAL CREDITOR with regard to the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint.
RESPONSE:
Objection to the form of the question as this request is unduly burdensome. Plaintiff further objects to the extent that the request calls for the production of documents in excess of the two year record retention period set forth in 12 CFR 226.25. Likewise the information requested is equally available to the Defendant as the defendant has, or had equal opportunity to retain the requested information. WIthout waiving said Objection, Plaintiff states that it does not currently have in its possession, custody, and control the document associated with this request. Plaintiff will supplement this response prior to trial pursuance to the Civil Rules and any scheduling order issued by the court.
ADMISSIONS
REQUEST 1: Admit PLAINTIFF does not have a copy of the credit agreement signed by DEFENDANT concerning the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint.
RESPONSE:
Deny
REQUEST 2: Admit PLAINTIFF has no documentation showing the assignment of any debt by ORIGINAL CREDITOR for the debt allegedly held by Plaintiff in its complaint.
RESPONSE:
Deny. See Bill of Sale dated March 18, 2015 and Transfer and Assignment of Assets dated March 18, 2015, attached hererto.
REQUEST 3: Admit PLAINTIFF does not have copies of all account statements from opening until the present, with regard to the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint.
RESPONSE:
Deny.
REQUEST 4: Admit PLAINTIFF cannot prove a creditor-debtor relationship between itself and DEFENDANT with regard to the ORIGINAL CREDITOR account referred to in Plaintiff’s complaint.
RESPONSE:
Deny. REQUEST 5: Admit PLAINTIFF cannot prove its claim against DEFENDANT for monies allegedly owed on the ORIGINAL CREDITOR account referenced in Plaintiff’s complaint.
RESPONSE:
Deny
Bill of Sale, states Second Round- PLCC & PSCC C & D Bulk - March 2015.
Fir the value recieved and in further consideration of the mutual covenants and conditions set forth in the Receivables Purcase Agreement, dated March 18, 2015, by a and between Synchrony Bank formerly known as GE Capital Retail Bank and Second Round Limitied Partnership and assigns,, without recourse except as sert forth in the Agreement, to the extend of its owner4ship, the Receiveables as set forth in the Notification File (as defined in the Agreement), delivered by Seller to Buyer to such Purchase Date, and as further described in the Agreement.
Synchrony Bank
Title SVP Collections and Recovery.
Transfer and Assignment of Assets.
For good valueable consideration, the undersigned, Second Round Limited Partnership, a Texas Limited Partnership, hereby absolutely transfers, assigns, sets-over and conveys to Second Round Sub LLC, without recourse all of assignor's rights, title, and interest in and to each of the assest identified as Exhibit 1 attached hereto, together with the right to collect all principal, interest, or other proceeds or unpaid amounts of any kind with respect to the assets reamining due and owing as of the date below.
Second Round Limited Partnership and Second Round SUb LLC signators.
My questions, what are my next steps? The Bill of Sale and Transfer and Assignment of Assets does not list the actual accounts they now own. Can I ask the court to dismiss based on this? Second, the person who answered the questions, per Interrogatories Question1, and the person sho signed the documents is not the same person. Lisa, who is a legal services manager for Crown Asset Management (who was never named until this document) and Kathleen, the person who signed all the documents are not even in the same state. So how can two people answer the questions? Lastly, Request for Production, in the answer to question 1, they listed a Citibank, N.A credit account was opned in June 7, 2012 and charged off July 08, 2014. But, this case is a GE Money/Synchrony account.
As of right now, discovery needs to be sompleted by 08/07/17 and dispostive and pretrial motions by 09/07/17. Can someone please help me on what my next steps are please.
