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Help with discovery response

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Hello everyone,

 

I have so much respect and appreciation for this forum of friends who are trying to take on the big JDB's and lawyers, and get justice. I have been reading so many of the topics and learned so much in the last month + of reading all of the great stories and ideas. I need some help!

 

I was sued for $10,000 by a JDB. I responded to the complaint and had a pre-trial telephone conference with the judge and plaintiffs attorney. I would like to fight this as hard as I can. Below are the discovery questions that I was served by the plaintiff and I really need ideas and legalese for my answers. Please let me know if you have any questions.

 

Thanks a million!

 

Plaintiffs interrogatories requests for production of documents and requests for admissions propounded on defendant pursuant to WRCPCC8

 

Instructions to the answering party:

1) An answer or other appropriate response must be given to each interrogatory. Parties are to answer these interrogatories with the understanding that they stand in a fiduciary relationship with each other.

 

2) As a general rule within 30 days after you are served with these interrogatories, requests for production of documents, and request for admission, you must serve your responses on asking party:

Name
Attorney for Plaintiff
Address
Address 2
Phone
Fax

 

3) Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer to the extent possible.

 

4) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party.

 

5) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found.

 

6) Your answers to these interrogatories, requests for production of documents, and request for the mission must be signed, notarized and dated.

 

Definitions

 

1) YOU or YOUR includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf.

 

2) PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation or public entity.

 

3) DOCUMENTS means a writing and includes the original or a copy of handwriting, typewriting, printing, Photostatting, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds or symbols, or combinations of them.

 

4) ADDRESS means the street address, including the city, state and ZIP Code.

 

Interrogatories

 

1) What is your current home telephone numbers and current cell phone numbers?

 

2) List every physical address and dates where you have resided from 2009 to present.

 

3) List all post office boxes that you have appeared as record thereon from January 2009 through December 2011.

 

4) List the name of the credit card, the account number, the date open, and that the date closed of any and all credit cards accounts in your name alone or a joint account that you are an authorized signer or guarantor from January 2009 through December 2011.

 

5) List any and all bank accounts that you have an interest or appear of record thereon from January 2009 to December 2011.

 

6) List your employment history including any self-employment for the past 12 months, listing names of employers, addresses, as well as any and all telephone numbers for those employers.

 

7) If you are currently employed, what is your schedule? Please include start and end times. If your schedule fluctuates, please explain in detail possible times of employment. If you have more than one job, please explain for each job.

 

8) Have you ever applied for any credit cards? If so, list all cards applied for, how you applied, and approximate dates of application.

9) Have you ever filed a police report for stolen identity, credit card fraud, or a related crime?

10) Do you know a telephone number xxx-xxx-xxxx? If so who's number is this?

 

11) Do you know a telephone number of xxx-xxx-xxxx? If so who's number is this?

 

12) Have you ever had a XXXXX credit card or been listed as a user on such a card? If so list the dates and account numbers and the periods of time.

 

13) Have you ever made any payments to any credit card accounts since 2009 to present? If so, provide dates and approximate amount of payments.

 

14) In your answer/counterclaim you state that you have received calls from plaintiff at work in the early morning and evening. Please list the exact times and dates of the calls allegedly, the communication you had or messages received.

 

15) Have you ever received any credit card statements at PO Box XXXXX in XXXXX Wyoming? If so, explain which ones.

 

16) Have you ever received any other credit card statements at any other address? If so, explain.

 

17) Are you or were you an authorized user or guarantor on any credit cards not in your name? If so, explain which cards.

 

18) Has anyone else ever been an authorized signer or guarantor on any credit cards you have ever had? If so, list details.

 

19) Have you ever disputed any credit card statements in writing within 60 days of receiving such statements?

 

Requests for production of documents

 

1) Provide copies of monthly statements for any and all bank accounts including but not limited to XXXXX Bank accounts that you have an interest or appear of record your own from January 2009 to December 2011.

 

2) Provide copies of any police reports from any reports of stolen identity, credit card fraud, or related crimes including the dates of incidents were reported.

 

3) Provide a copy of any written dispute letter sent to any credit card company or bank on behalf of yourself or someone else from 2009 to present.

 

4) Provide copies of any payments made to any credit card accounts since 2009 to present including dates and approximate amount of payments.

 

5) In your answer/counterclaim you state that you have received calls from plaintiffs at work in the early morning and evening. Please provide documentary evidence of the exact times and dates of the calls alleged.

 

Requests for admissions

 

1) Please admit that you have a PO Box number XXXXX in XXXXX, Wyoming.

 

2) Please admit that you received XXXXX credit card statements at PO Box XXXXX in XXXXX, Wyoming.

 

3) Please admit that you had a XXXXX credit card account number XXXX – XXXX – XXXX – XXXX or that you were an authorized user on this card.

 

4) Please admit that your Social Security number ends in XXXX.

 

5) Please admit that you never disputed any credit card charges in writing or otherwise.

 

6) Please see supplemental disclosures exhibit number 5 (which shows information related to the account at hand and admit or deny each line item of information as it relates to your past or current personal information).

 

7) There was a document referred to by the judge at the telephonic case management conference titled "Order Setting Initial Case Management Conference and Pretrial Conference” that you and acknowledged on the record to receiving. Please admit that you received the document referred to mailed by the court to your PO Box XXXXX in XXXXX, Wyoming.

 

8) Please admit that you currently reside at XXXXX XXXXX XXXXX, WY.

 

 

 

 

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Interrogatories

 

1) What is your current home telephone numbers and current cell phone numbers? Objection: not reasonably calculated to lead to the discovery of any admissible evidence

 

 

2) List every physical address and dates where you have resided from 2009 to present. Same as No. 1

 

 

3) List all post office boxes that you have appeared as record thereon from January 2009 through December 2011. Same as No 1.

 

4) List the name of the credit card, the account number, the date open, and that the date closed of any and all credit cards accounts in your name alone or a joint account that you are an authorized signer or guarantor from January 2009 through December 2011. Objection: not reasonably calculated to lead to the discovery of any admissible evidence. Plaintiff is on a fishing expedition aimed at discovering the defendant financial status, prejudgment discovery of a defendants financial condition is not discoverable where punitive damages are not sought, the plaintiff has not asked for punitive damages.

 

 

5) List any and all bank accounts that you have an interest or appear of record thereon from January 2009 to December 2011. Same as No 4

 

6) List your employment history including any self-employment for the past 12 months, listing names of employers, addresses, as well as any and all telephone numbers for those employers. Same as No. 4

7) If you are currently employed, what is your schedule? Please include start and end times. If your schedule fluctuates, please explain in detail possible times of employment. If you have more than one job, please explain for each job. Objection not likely to lead to the discovery of any admissible evidence, prejudgment discovery of a defendants financial condition is not discoverable where punitive damages are not sought, the plaintiff has not asked for punitive damages.

 

 

8) Have you ever applied for any credit cards? If so, list all cards applied for, how you applied, and approximate dates of application. Objection, irrelevant, not likely to lead to the discovery of any admissible evidence.

9) Have you ever filed a police report for stolen identity, credit card fraud, or a related crime? no

10) Do you know a telephone number xxx-xxx-xxxx? If so who's number is this?

 

11) Do you know a telephone number of xxx-xxx-xxxx? If so who's number is this?

 

12) Have you ever had a XXXXX credit card or been listed as a user on such a card? If so list the dates and account numbers and the periods of time. deinied

 

13) Have you ever made any payments to any credit card accounts since 2009 to present? If so, provide dates and approximate amount of payments. I do not know if you have made any payments or not if you not deny.

 

14) In your answer/counterclaim you state that you have received calls from plaintiff at work in the early morning and evening. Please list the exact times and dates of the calls allegedly, the communication you had or messages received. List the times and describe the calls

 

15) Have you ever received any credit card statements at PO Box XXXXX in XXXXX Wyoming? If so, explain which ones. Denied

 

16) Have you ever received any other credit card statements at any other address? If so, explain. denied

 

17) Are you or were you an authorized user or guarantor on any credit cards not in your name? If so, explain which cards. Objection, irrelevant, not likely to lead to the discovery of any admissible evidence.

 

18) Has anyone else ever been an authorized signer or guarantor on any credit cards you have ever had? If so, list details. Same as No 17

 

19) Have you ever disputed any credit card statements in writing within 60 days of receiving such statements? No

 

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What Gunny said because:

Rule 8. Discovery.

Unless otherwise provided in the case management order, each side may take no more than two depositions limited to three hours each. Each side may propound up to 20 requests for production, 20 interrogatories, and 20 requests for admission. The court may set additional limits or provide for further discovery in the initial case management order, upon a showing of good cause and proportionality.

No other discovery will be permitted absent further court order based on a showing of good cause and proportionality. Discovery shall be limited to matters that would enable a party to prove or disprove a claim or defense or to impeach a witness and shall comport with the factors of proportionality. ---

And;

Discovery scope and limits. -

Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:

(1)- In General. - Parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.

I would think a response similar to this...

OBJECTION. Defendant hereby OBJECTS to Interoggatory No. 4 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant, immaterial or inadmissible information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

...is one that I would use, especially for numbers 4-8. Because seriously? List your hours? That's so irrelevant to the case and I simply cannot imagine them believing they have a right to ask you such a ridiculous question! Also, were disclosures already completed? I did see something about disclosures in your state's Rules.

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                                                              PRELIMINARY STATEMENT

It should be noted that this responding party has not fully completed investigation of the facts relating to this case and discovery is continuing in this action. All responses contained herein are based only upon such information and documents which are presently available to and specifically known to this responding party.

It is anticipated that continuing discovery, independent investigation, legal research and analysis will supply additional facts resulting in further information and documents. The following responses are given without prejudice to this responding party’s right to produce evidence of any subsequently discovered facts or documents. The responses contained herein are made in a good faith effort to supply information and documents presently in this responding party’s custody, control and/or possession, or within his knowledge, but should in no way be to the prejudice of this responding party in relation to further discovery, research and analysis.

 

 

 

 

DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCION OF DOCUMENTS

 

1) Provide copies of monthly statements for any and all bank accounts including but not limited to XXXXX Bank accounts that you have an interest or appear of record your own from January 2009 to December 2011.

 

Response: After a diligent search and a reasonable inquiry was made by the Defendant in an effort to comply with this Request, there are no documents within RESPONDING PARTY’s possession, custody, or control. Defendant has made a good faith effort in trying to obtain documents responsive to the request.

 

 

 

 

2) Provide copies of any police reports from any reports of stolen identity, credit card fraud, or related crimes including the dates of incidents were reported.

 

 

Response: After a diligent search and a reasonable inquiry was made by the Defendant in an effort to comply with this Request, there are no documents within RESPONDING PARTY’s possession, custody, or control. Defendant has made a good faith effort in trying to obtain documents responsive to the request.

 

 

 

3) Provide a copy of any written dispute letter sent to any credit card company or bank on behalf of yourself or someone else from 2009 to present.

 

 

Response: After a diligent search and a reasonable inquiry was made by the Defendant in an effort to comply with this Request, there are no documents within RESPONDING PARTY’s possession, custody, or control. Defendant has made a good faith effort in trying to obtain documents responsive to the request.

 

 

 

4) Provide copies of any payments made to any credit card accounts since 2009 to present including dates and approximate amount of payments.

 

 

Response: After a diligent search and a reasonable inquiry was made by the Defendant in an effort to comply with this Request, there are no documents within RESPONDING PARTY’s possession, custody, or control. Defendant has made a good faith effort in trying to obtain documents responsive to the request.

 

 

 

5) In your answer/counterclaim you state that you have received calls from plaintiffs at work in the early morning and evening. Please provide documentary evidence of the exact times and dates of the calls alleged.

 

 

Response: After a diligent search and a reasonable inquiry was made by the Defendant in an effort to comply with this Request, there are no documents within RESPONDING PARTY’s possession, custody, or control. Defendant has made a good faith effort in trying to obtain documents responsive to the request.

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8) Have you ever applied for any credit cards? If so, list all cards applied for, how you applied, and approximate dates of application.  Objection, irrelevant, not likely to lead to the discovery of any admissible evidence.

 

 

It is likely to lead to the discovery of admissible evidence if one of those credit cards is the account for which the OP is being sued. I would include more than that objection.

 

@combingwyoming

 

If you've had credit cards, I would admit it.  However, in my opinion, the second part of the interrogatory is too much.  I might respond to this inteerogatory by stating:

 

Objection.  This interrogatory is overbroad, overly burdensome, and not likely to lead to the discovery of relevant information.   Without waiving the foregoing objection, Defendant will state that he has applied for credit cards.

 

(This means that they're asking too much of you.  First, other credit cards have nothing to do with this case.  Second, expecting you to list how you applied for each card and the dates of the applications is not only irrelevant, it's overly burdensome.  Who keeps that kind of information?   The research you'd have to do would be ridiculous.  It's just not necessary.)

 

13) Have you ever made any payments to any credit card accounts since 2009 to present? If so, provide dates and approximate amount of payments.

 

Whether or not you've made payments to OTHER cc accounts is irrelevant.  Expecting you to list payments to every account you've ever had is burdensome.

 

15) Have you ever received any credit card statements at PO Box XXXXX in XXXXX Wyoming?

 

Have you ever received cc statements at that address?  Could they provide a copy of a cc statement that shows that address?

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Thank you @BTO429, @HotWheels96, @racecar, and @BV80 so much for your help!

 

Below is what I have so far. Please let me know what you think, if there is anything that needs to go, should be added or modified and if you have any ideas on how I answer the RFA. Thank you, I could not do any of this without you!

 

 

 

Defendant’s response to Plaintiff’s interrogatories, requests for production of documents, and requests for admissions

 

Comes now Defendant, by and pursuant to WRCPCC 8 and 31, WRCP 36 and the courts oral case management conference ruling, hereby responds to Plaintiff’s interrogatories, requests for production of documents, and requests for admissions as follows:

 

Defendants preliminary statement and general objections

 

1) Defendant objects to Plaintiffs discovery requests to the extent that it seeks to impose obligations on Defendant beyond those required by and under either the courts order or the Wyoming Rules of Civil Procedure or Wyoming Rules of Civil Procedure for Circuit Court.

 

2) Defendant further objects to Plaintiff’s discovery request to the extent that it seeks information and documents that are equally available to Plaintiff, not in Defendants possession, custody or control.

 

3) Defendant also objects to Plaintiffs discovery request to the extent that they seek information which is confidential or proprietary in nature, or the information or documentation requested is subject to privilege, either the attorney-client privilege and/or that constitute trial preparation for other work product, and/or what is sought is not otherwise discoverable under the applicable Wyoming Rules of Civil Procedure or Wyoming Rules of Civil Procedure for Circuit Court.

 

4) Defendant also objects to any discovery request that can be interpreted as requiring Defendant to identify or produce documents that are in the possession, custody or control of others and have not been made available to or are otherwise not in the possession of Defendant or are equally accessible to Plaintiff.

 

5) Defendant also objects to Plaintiffs discovery request to the extent that it is irrelevant and beyond the scope of the subject matter involved in this action and is not calculated to lead to admissible evidence and/or information which is relevant to this action.

 

6) A partial response by Defendant to any discovery request as set forth below is not deemed to be a waiver by Defendant or Defendants objections thereto (if any) or to the right of Defendant to object to additional, supplemental or further discovery requests or parts thereof.

 

7) Defendant will respond to Plaintiffs discovery pursuant to the applicable provisions of the controlling procedural rules and, therefore, objects to any definition or instruction inconsistent with those rules.

 

8) All responses by Defendant to Plaintiffs discovery represent the information acquired to date and within the possession, custody and/or control of the Defendant. Defendant reserves the right to amend, supplement or change in any way Defendants responses should information be acquired through further investigation and or discovery that would so warrant an amendment, supplementation or change.

 

By this reference, Defendant specifically incorporates the preliminary statement and general objections into each of the individual     responses below as if set forth in its entirety. Subject to and without waiving the foregoing preliminary statement and general objections, Defendant responds as follows:

 

Response to defendant's pattern interrogatories

 

1) What is your current home telephone numbers and current cell phone numbers?

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 1 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information.

 

2) List every physical address and dates where you have resided from 2009 to present.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 2 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information.

 

3) List all post office boxes that you have appeared as record thereon from January 2009 through December 2011.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 3 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information.

 

4) List the name of the credit card, the account number, the date open, and that the date closed of any and all credit cards accounts in your name alone or a joint account that you are an authorized signer or guarantor from January 2009 through December 2011.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 4 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff is on a fishing expedition aimed at discovering the Defendant’s financial status. Prejudgment discovery of a Defendant’s financial condition is not discoverable where punitive damages are not sought and the plaintiff has not asked for punitive damages. Defendant further objects to interrogatory number 4 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

 

5) List any and all bank accounts that you have an interest or appear of record thereon from January 2009 to December 2011.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 5 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff is on a fishing expedition aimed at discovering the Defendant’s financial status. Prejudgment discovery of a Defendant’s financial condition is not discoverable where punitive damages are not sought and the plaintiff has not asked for punitive damages. Defendant further objects to interrogatory number 5 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

 

6) List your employment history including any self-employment for the past 12 months, listing names of employers, addresses, as well as any and all telephone numbers for those employers.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 6 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff is on a fishing expedition aimed at discovering the Defendant’s financial status. Prejudgment discovery of a Defendant’s financial condition is not discoverable where punitive damages are not sought and the plaintiff has not asked for punitive damages. Defendant further objects to interrogatory number 6 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

 

7) If you are currently employed, what is your schedule? Please include start and end times. If your schedule fluctuates, please explain in detail possible times of employment. If you have more than one job, please explain for each job.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 7 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff is on a fishing expedition aimed at discovering the Defendant’s financial status. Prejudgment discovery of a Defendant’s financial condition is not discoverable where punitive damages are not sought and the plaintiff has not asked for punitive damages. Defendant further objects to interrogatory number 7 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

 

8) Have you ever applied for any credit cards? If so, list all cards applied for, how you applied, and approximate dates of application.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 8 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. Without waiving the foregoing objection, Defendant will state that Defendant has applied for credit cards.

 

9) Have you ever filed a police report for stolen identity, credit card fraud, or a related crime?

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant has not filed a police report for stolen identity, credit card fraud, or a related crime.

 

10) Do you know a telephone number xxx-xxx-xxxx? If so who's number is this?

 

How should I respond to this?

 

11) Do you know a telephone number of xxx-xxx-xxxx? If so who's number is this?

 

How Should I respond to this?

 

12) Have you ever had a XXXXX credit card or been listed as a user on such a card? If so list the dates and account numbers and the periods of time.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant has never had XXXXX credit card or been listed as a user on such a card.

 

13) Have you ever made any payments to any credit card accounts since 2009 to present? If so, provide dates and approximate amount of payments.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 13 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 13 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

 

14) In your answer/counterclaim you state that you have received calls from plaintiff at work in the early morning and evening. Please list the exact times and dates of the calls allegedly, the communication you had or messages received.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant received calls from the Plaintiff on an ongoing basis as early as 6 AM and as late as 9 PM during the month of January 2012.

 

15) Have you ever received any credit card statements at PO Box XXXXX in XXXXX Wyoming? If so, explain which ones.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 15 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 15 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

 

16) Have you ever received any other credit card statements at any other address? If so, explain.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 16 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 16 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

 

17) Are you or were you an authorized user or guarantor on any credit cards not in your name? If so, explain which cards.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 17 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 17 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

 

18) Has anyone else ever been an authorized signer or guarantor on any credit cards you have ever had? If so, list details.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 18 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 18 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation.

 

19) Have you ever disputed any credit card statements in writing within 60 days of receiving such statements?

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant has never disputed any credit card statements in writing within 60 days of receiving such statements.

 

DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCION OF DOCUMENTS

 

1) Provide copies of monthly statements for any and all bank accounts including but not limited to XXXXX Bank accounts that you have an interest or appear of record your own from January 2009 to December 2011.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to this request because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant states further that after a diligent search and a reasonable inquiry was made by the Defendant in an effort to comply with this Request, there are no documents within Defendants possession, custody, or control. Defendant has made a good faith effort in trying to obtain documents responsive to the request.

 

2) Provide copies of any police reports from any reports of stolen identity, credit card fraud, or related crimes including the dates of incidents were reported.

 

How should I answer this? See interrogatory # 9.

 

3) Provide a copy of any written dispute letter sent to any credit card company or bank on behalf of yourself or someone else from 2009 to present.

 

How should I answer this? See interrogatory # 19.

 

4) Provide copies of any payments made to any credit card accounts since 2009 to present including dates and approximate amount of payments.

 

How should I answer this? See interrogatory # 13.

 

5) In your answer/counterclaim you state that you have received calls from plaintiffs at work in the early morning and evening. Please provide documentary evidence of the exact times and dates of the calls alleges.

 

Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: After a diligent search and a reasonable inquiry was made by the Defendant in an effort to comply with this Request, there are no documents within Defendants possession, custody, or control. Defendant has made a good faith effort in trying to obtain documents responsive to the request.

 

DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS

 

 

1) Please admit that you have a PO Box number XXXXX in XXXXX, Wyoming.

 

2) Please admit that you received XXXXX credit card statements at PO Box XXXXX in XXXXX, Wyoming.

 

3) Please admit that you had a XXXXX credit card account number XXXX – XXXX – XXXX – XXXX or that you were an authorized user on this card.

 

4) Please admit that your Social Security number ends in XXXX.

 

5) Please admit that you never disputed any credit card charges in writing or otherwise.

 

6) Please see supplemental disclosures exhibit number 5 (which shows information related to the account at hand and admit or deny each line item of information as it relates to your past or current personal information).

 

This excel file exhibit includes info such as name, address, ss #, credit card #, lot #, account balance, date account was opened, date account was charged off, etc.

 

7) There was a document referred to by the judge at the telephonic case management conference titled "Order Setting Initial Case Management Conference and Pretrial Conference” that you and acknowledged on the record to receiving. Please admit that you received the document referred to mailed by the court to your PO Box XXXXX in XXXXX, Wyoming.

 

8) Please admit that you currently reside at XXXXX XXXXX XXXXX, WY.  

  

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I love this preliminary statement it sounds like your going to be so helpful to the plaintiff and you will give them the information they seek to prove their case. As they read they get the diligent search and reasonable inquiry item. :ROFLMAO2:       

 

 

PRELIMINARY STATEMENT

It should be noted that this responding party has not fully completed investigation of the facts relating to this case and discovery is continuing in this action. All responses contained herein are based only upon such information and documents which are presently available to and specifically known to this responding party.

It is anticipated that continuing discovery, independent investigation, legal research and analysis will supply additional facts resulting in further information and documents. The following responses are given without prejudice to this responding party’s right to produce evidence of any subsequently discovered facts or documents. The responses contained herein are made in a good faith effort to supply information and documents presently in this responding party’s custody, control and/or possession, or within his knowledge, but should in no way be to the prejudice of this responding party in relation to further discovery, research and analysis.

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I am ready to send off these responses for their discovery. Please let me know what your thoughts are with these responses to RFA. Please comment.

 

Thank you so much!!

 

DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS
 
 
1) Please admit that you have a PO Box number XXXXX in XXXXX, Wyoming.

Defendant’s response: Admit
 
2) Please admit that you received XXXXX credit card statements at PO Box XXXXX in XXXXX, Wyoming.

Defendant’s response: Deny
 
3) Please admit that you had a XXXXX credit card account number XXXX – XXXX – XXXX – XXXX or that you were an authorized user on this card.

Defendant’s response: Deny
 
4) Please admit that your Social Security number ends in XXXX.

Defendant’s response: Admit
 
5) Please admit that you never disputed any credit card charges in writing or otherwise.

Defendants response: Defendant objects to this request on the grounds that it is vague and generally unintelligible as it does not define the term "or otherwise". Defendant further objects to this request on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. After a reasonable inquiry, Defendant is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement and accordingly Defendant denies the same. Defendant further states that it is currently engaged in its own discovery and may obtain information from the Plaintiff through the course of discovery that may allow Defendant to supplement this response at a later date.

6) Please see supplemental disclosures exhibit number 5 (which shows information related to the account at hand and admit or deny each line item of information as it relates to your past or current personal information).

Defendants response: Defendant objects to this request on grounds that it is vague and unintelligible, and Defendant does not understand the question as asked. Further, Defendant does not know what Plaintiff is referring to when Plaintiff states "as it relates to". Defendant further objects to this request on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. After a reasonable inquiry, Defendant is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement and accordingly Defendant denies the same. Defendant further states that it is currently engaged in its own discovery and may obtain information from the Plaintiff through the course of discovery that may allow Defendant to supplement this response at a later date.

7) There was a document referred to by the judge at the telephonic case management conference titled "Order Setting Initial Case Management Conference and Pretrial Conference” that you and acknowledged on the record to receiving. Please admit that you received the document referred to mailed by the court to your PO Box XXXXX in XXXXX, Wyoming.

Defendant’s response: Admit
 
8) Please admit that you currently reside at XXXXX XXXXX, XXXXX, WY.  

Defendant’s response: Admit
 

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