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Plaintiff filed a Motion for Protective Order in response to my Motion to Compel


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Plaintiff's Counsel filed a Motion for Protective Order in response to my Motion to Compel to my First Set of Request for Production of Documents. On what grounds can I oppose the Motion for Protective Order? They have objected to answering items 1, 4-14 and or stated it would supplemented at a later date or something to that sort. They only answered no 3. I'm being sued by the OC. In addition, they are lying to the court in their response stating they provided the Card Agreement to item NO. 2 when in FACT they HAVE NOT.

1. The alleged credit application from “Credit Card Account”, bearing the plaintiff’s signature;

2. The alleged credit agreement from “Credit Card Account” that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from "Credit Card Account" that demonstrate how the alleged amount of $x,xxx.xx was calculated;

4. All documents relating to the Plaintiff’s and Plaintiff’s Attorney procedures to provide verification of the alleged debt;

5. All documents in the Plaintiff’s Attorney possession sent to or received from the Citibank (South Dakota), N.A.;

6. Any further documentation, beyond what has been previously requested, that clearly establishes defendant's liability and/or responsibility to the alleged debt;

7. All documents relating to the alleged debt of Defendant and the collection thereof;

8. A contract, agreement, assignment, or other means demonstrating that CA and lawfirm, and , had the authority and capacity, and was legally entitled to collect on the alleged debt from "Credit Card Account";

9. Any and all further documents that you believe establish that defendant had an outstanding account or debt related to "Credit Card Account";

10. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or "Credit Card Account";

11. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

12. All documents relating to the maintenance of procedures by the Plaintiff adapted to avoid any violation of the Fair Debt Collection Practices Act;

13. All exhibits which Plaintiff and Plaintiff’s Attorney proposes to introduce at trial;

14. The plaintiff's and plaintiff’s attorney Articles of Incorporation.

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You don't really oppose it, since it is in response to your motion to compel.

Courts frown on these kids of games. I would do nothing. Or, if you feel you need to have teh last word, just reiterate what your defenses to the action are and why you need the documents you requested and that without them, you are at a disadvantage. Your preleif is they either produce now, or are barred from producing them at trial, when you haven't had the chance to see them. A proper judicial resolution would be for the judge to give them 90 days or so to come up with the stuff. Don't e surprised if he strikes some of your requests, but you could appeal that.

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