Free Statement of Material Facts - District Court of Connecticut - Connecticut

I t Case 3:03-cv-00316-JCH Document 107 Filed 04/29/2004 Page 1 of 4
ORIGINAL ·
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.e..»1e.1..._.,_...I fTIi§i§&iI§€.€é®Tié$i·‘é3I"" FILED
JOHN J. CHAPMAN, mq App 2q A II; 23 I
l°l=¤l¤tl*i· u.s. uistmcr cmuizr I
BRIDGEPORT. CONN I
— against- Case No. 03 CV 316 JCH
EXPERIAN INFORMATION SERVICES, INC.
CHASE MANHATTAN BANK USA, N.A., I
Defendants. I
'“‘‘‘“'''````'''“`‘‘`“'''‘'`‘`''‘““‘‘’”"''
DEFENDANT cHASE’S LOCAL RULE 56(a)(2) STATEMENT I
The following are defendant Chase Manhattan Bank USA, N.A.’s _
("Chase") responses to the list of material facts set forth in plaintiffs Local Rule
56(a)(1) Statement:
1. Admits.
2. Admits.
3. Admits.
4. Admits.
5. Denies, but admits that Chase has a form letter notifying customers
when an account is closed due to bankruptcy notification.
6. Denies, but admits that plaintiff testified that he attempted to use
his Chase credit card without success at a checkout counter in November 2002.
7. Admits.
‘ 8. Denies, but admits that Chase sent plaintiff a letter dated
December 25, 2002 advising plainl:iff that the credit line on his account was }
reduced from $5,900 to $3,000. (Chase Bates doc. 0000057·58.)
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I l Case 3:03-cv-00316-JCH Document 107 Filed 04/29/2004 Page 2 of 4 t
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$ 9. Denies because the letter advising plaintiff that his credit limit was
reduced from $5,900 to $3,000 was based upon information that Chase received
from Experian and which Experian inaccurately attributed to plaintiff. (Arena
Dep., pp. 25-6.) if
) 10. Denies, because the December 25, 2002 letter correctly identihed
Experian as the source of the creclit bureau information. (Arena dep., p. 13) ‘
Moreover, Kimberly Hughes did not testify that Chase did not get information
from plaintiffs credit report. Instead, she testified that "Experian did not provide
any information whatsoever to Chase regarding John Chapman in the calendar |
year 2002." (Hughes Dep., p. 42.) i
11. Admits.
12. Admits. N
13. Admits.
14. Denies, but admits that on October 3, 2002, Chase received
notification of So|berg’s bankruptcy and coded Chapman’s account bankrupt on _
October 9, 2002. Chase also admits that on November 25, 2002 "CH did not file"
was entered on plaintiffs account record. Chase also admits that on November
27, 2002, "RMV BKCY due to coded in error" was entered on
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{ ` n I Case 3:03-cv-00316-JCH Document 107 Filed 04/29/2004 Page 3 of 4
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i plaintiffs account record. (
Dated: East Meadow, New York A
April 28, 2004 (
Simmons, Jannace .P. . \
BY: 5
homas E Kta
. (Juris No. Ct 23429) f
Attorneys for Defendant i
Chase Manhattan Bank, USA, N.A. i
Office & P.O. Address I
90 Merrick Avenue, Suite 102 I
East Meadow, New York 11554 ;
(516) 357-8100 (
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Case 3:03-cv-00316-JCH Document 107 Filed 04/29/2004 Page 4 of 4 I
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I CERTIFICATE OF SERVICE ,
I JOHN J. CHAPMAN I
V. I
I EXPERIAN INFORMATION SERVICES, INC., etal.
U.S.D.C., District of Connecticut
Case No. 13:03 CV 316 (JCH) I
This is to certify that a copy ofthe foregoing CHASE'S LOCAL RULE 56(a)(2) I
STATEMENT was mailed, via DHL Express, for delivery on Thursday, April 29, 2004 by I
12:00 p.m., prior to the latest time designated by that service for such delivery, on this 28th
day of April, 2004, to: I
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Joanne S. Faulkner, Esq. Albert Rota, Esq. I
Attorney(s) for Plaintiff Jones Day I
Office & P.O. Address: Attorney(s) for Defendant I
123 Avon Street Experian information Services, Inc. I
New Haven, Connecticut 06511 Office & P.O. Address: I
(203) 772-0395 222 East 41 st Street I
New York, New York 10017 I
(212) 326-3977 I
BY: I
. OMAS E. ST -¢£ G (ct 23429) I
Simmons, Jannace & Stagg, L.L.P. I
cert service5? evemite
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