UNITED STATES DISTRICT COURT lll L i
DISTRICT OF CONNECTICUT ···I ~ I
JOHN J. CHAPMAN Umm BEE E I D J2: 20
V. CASE NO. 3:03CV »
EXPERIAN INFORMATION SOLUTIONS, INC. I
CHASE MANHATTAN BANK USA, N.A. DEC. I, 2003
PLAlNTIFF’S RESPONSE TO CHASE MEMORANDUM
RE SOLBERG MATERIAL, DOC. NO. 61
This Court granted plaintiff’ s Motion to Compel certain Solberg material in response to
Production Request 29. After specifically stating it would not oppose such a motion (letter of i
Sept. 24, 2003), and after representing that it would comply (email of Nov. 17, 2003, attached),
Chase has filed Doc. No. 61, which requests the Court to specify which documents must be
produced. The opposition is both belated and moot. p
Prod. 29 appears at Ex. I of Doc. 62. it seeks “Credit reports received by Chase
concerning John Solberg, SSN [omitted] during 2002, requested and to be produced pursuant to
the confidentiality order entered on the record Aug. 19, 2003, for Solberg material.†I
Chase’s Response was simply, "Chase cannot disclose any credit reports on John Solberg I
rmtil plaintiff has a permissible purpose under the FCRA to receive them." Thus Chase not only
understood what plaintiff was asking, but agreed that it would not oppose plaintiffs motion for a i
court order, which would provide the permissible purpose. Now that the Order has entered (No. i
60, endorsement), Chase has interposed further inapplicable roadblocks based on Connecticut
law and an out-of-context quote from the FTC which does not apply where there is a court order.
Since Solberg is not a Connecticut resident, since the credit reports are notfinancial records as
defined by Connecticut law in any event, and since Chase has already provided Solberg’s account
records without objection @ put them on the public record (Doc. No. 62, Ex. I), there is no
possible basis for Chase to defy the court order it invited and said it would comply with.
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l _ Case 3:03-cv-OO3@CH Document 68 Filed 12/@@003 Page 2 of 4
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l Thus, Chase should have complied with the Order within ten days thereof. D. Conn. L.
R Civ. Rule 37(a)5. "District courts should not countenance ‘purposeful sluggishness’ in discovery
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y on the part of parties or attomeys and should be prepared to impose sanctions when they a
encounter it.†Residential Funding Corp. v. DeGeorge Financial Corp., 306 F.3d 99 (2d Cir.
2002).
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l THE PLAINTIFF
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BY J ·¤t,¢.»r.»¢.·¢,....~ }
JOANNE S. FAULKNER ct04137 ;
123 Avon Street
New Haven, CT 06511-2422
(203) 772-0395 I
[email protected] l
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NYL20948 18vl \
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1 _ Case 3:03-cv-OO3‘(6§lCH Document 68 Filed 12/01/$003 Page 3 of 4 I
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l Joanne Faulkner - _ ` I l
From: "Andy Kazin"
To: "Joanne Faulkner"
gc; "Thomas E. Stagg"
“MbIum (E-mail)"
K Sent: November 17, 2003 10:01 AM I
Subject: RE: Chapman1 _
When we see an order, we will, of course, comply. We have yet to see one.
-—--Original Message----
l From: Joanne Faulkner [mailto:[email protected]] l
Sent: Saturday, November 1 5, 2003 11:19 AM
To: Andy Kazin
Subject; Re: Chapman1 . 1
l think the order that was signed must have been for the Solberg material, I
since it was unopposed. .
Please provide ASAP ·‘ . _ .
Attorney Joanne Faulkner ‘ l
123 Avon Street _ · l
New Haven CT 06511
(203) 772-0395 ‘ ·
R [email protected] y · i ,
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P Outgoing mail is certified Virus Free. ‘ ‘ l
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Case 3:03-cv-00316-JCH Document 68 Filed 12/O1/2003 Page 4 of 4 1
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This is to certify that the foregoing was mailed on November 29, 2003, postage
prepaid, to: 1
1 Thomas Stagg
Simmons, Jannace & Stagg
90 Merrick Ave # 102 1
1 East Meadow NY 1 1554 1
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1 Michelle Blum c
Jones Day 1
1 3 Park Plaza #1100 1
Irvine CA 92614-5976 , , 1
aaaa, FL/4 1
Joanne S. Faulkner
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