Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT - - - - - - - - - - - - - - x JOHN J. CHAPMAN, Plaintiff, vs. EXPERIAN INFORMATION SERVICES, INC., CHASE MANHATTAN BANK USA, N.A., Defendant. : : Civil Action No. : : : : : 3:03CV316 (JCH)

- - - - - - - - - - - - - - x

Deposition of JOHN J. CHAPMAN, taken pursuant to the Federal Rules of Civil Procedure at the offices of Sanders, Gale & Russell, 437 Orange Street, New Haven, Connecticut, before Elizabeth A. Zawacki, LSR #00087, a Registered Merit Reporter and Notary Public in and for the State of Connecticut, on Tuesday, February 24, 2004, at 10:08 a.m.

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A P P E A R A N C E S:

For the Plaintiff: JOANNE S. FAULKNER, ESQ. 123 Avon Street New Haven, Connecticut 06511-2422 For the Defendant Experian Information Services, Inc.: JONES DAY 222 East 41st Street New York, New York 10017 BY: ALBERT J. ROTA, ESQ.

For the Defendant Chase Manhattan Bank USA, N.A.: SIMMONS, JANNACE & STAGG The Financial Center 90 Merrick Avenue, Suite 102 East Meadow, New York 11554 BY: THOMAS E. STAGG, ESQ. ANDREW KAZIN, ESQ.

Also present: Greg Jacques, Videographer, Geomatrix Productions

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sworn in.

(Chapman Deposition Exhibits 1 through 4 marked for identification.) THE VIDEOGRAPHER: record at 10:08. We are now on

This is the deposition of John J.

Chapman, recorded on February 24, 2004, New Haven, Connecticut. This deposition is being taken in the

case of John J. Chapman versus Experian Information Services, Incorporated, Chase Manhattan Bank USA, N.A., and was noticed on behalf of the defendant. My name is Greg Jacques, videotape operator, of Geomatrix Productions, 270 Amity Road, New Haven, Connecticut. Are there any stipulations? MR. STAGG: No. If counsel would

THE VIDEOGRAPHER: all introduce themselves, please. MS. FAULKNER: the plaintiff, Mr. Chapman. MR. STAGG: Manhattan Bank USA, N.A. MR. KAZIN: MR. ROTA:

Joanne Faulkner for

Thomas Stagg for Chase

Andrew Kazin for Chase. Albert J. Rota for

Experian Information Solutions, Inc. THE VIDEOGRAPHER: The witness may be

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J O H N

J.

C H A P M A N ,

of 26 Bluff Road West, Gales Ferry, Connecticut 06335, called as a witness, being first duly sworn by Elizabeth A. Zawacki, a Notary Public within and for the State of Connecticut, was examined and testified under oath as follows: DIRECT EXAMINATION BY MR. STAGG: Q. Mr. Chapman, I show you what's been marked Do you recognize

as Deposition Exhibit Chapman 1. that document, sir? A. Q. A. Yes, sir, I do. What is it?

This is a letter received from Chase

notifying me that the bankruptcy that was found in my credit file would be deleted. Q. A. 2002. Q. Thank you. Sir, I hand you what's been marked as Chapman Exhibit 2 for identification. recognize that document, sir? MS. FAULKNER: Mr. Stagg? Do you And what's the date of that letter? The date of this letter is November 25,

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MR. STAGG: (Handed.) Yes, sir, I do. What is that?

I'm sorry.

This was sent to me after a hard copy

letter and a faxed copy letter of the same was provided to me indicating that Chase had made an error, and that the bankruptcy that was listed would be removed, and after I thought that those catastrophic items were put to rest, I received this that was written on Christmas Day and received shortly thereafter. Q. A. What year is that? I'm not certain if I received it at the I

very end of 2002, or if I received it in January. believe it was January of 2003. Q. it not? A. Q. Yes, sir.

The letter is dated December 25, 2002, is

And in the letter, does Chase explain why

it is or was reducing your credit on the account to $3,000? A. If I may, Mr. Stagg, I think that it gives I don't know that it shows, that it

reasons here.

gives reasons to me individually that would indicate

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a garnishment, foreclosure, lien, repossession, judgment or bankruptcy. Q. Let's go through in the second paragraph,

sir, where it states: "As a result of information obtained on your credit report, effective December 25, 2002 the line of credit on your Chase credit card account will change to $3,000 for the following reasons," and it sets forth two reasons. "The consumer credit

report we received shows a recent delinquency," that's the first, and the second is, "The consumer credit report we received shows a recent garnishment, foreclosure, lien, repossession, judgment and/or bankruptcy." Correct? A. That is correct. That's what it

indicates. Q. Further down on the same page of this

exhibit it states, I believe it's the fourth paragraph, "Our decision was based in whole or in part on the information obtained from the consumer reporting agency listed below." Do you see that, sir? A. Q. Yes, I do. And it references Experian as the consumer

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reporting agency, does it not? A. Q. Yes, it does, sir. It also states under the Fair Credit

Reporting Act you have a right to obtain a free copy of your consumer report from the consumer reporting agency listed in the letter, which was Experian, right? A. Q. Correct. And that you may make a request in writing

within 60 days from the date listed above, which was December 25, 2002, right? A. Q. Yes. It also states that you have the right to

dispute with the consumer reporting agency the accuracy or completeness of any information in a consumer report furnished by the agency, right? A. Q. Yes. And you recall receiving that letter, as

you said, late 2002 or early 2003? A. Q. Yes, sir, I do. And with respect to the prior exhibit we

looked at, Chapman Exhibit 1, you recall receiving that on or about November 25, 2002, right? the date of the letter. A. Shortly thereafter, yes. That's

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Q.

Sir, is it your contention in this lawsuit

that Chase failed to conduct a reasonable investigation with regard to a dispute that you lodged with a consumer reporting agency? MS. FAULKNER: a legal conclusion. Q. You can answer. MS. FAULKNER: can answer. MR. STAGG: Are you instructing the If he's a lawyer, he Objection. Calls for

witness not to answer the question? MS. FAULKNER: That is not a proper

question, so you can ask him a different way perhaps. MR. STAGG: I'm asking are you

instructing the witness not to answer the question? MS. FAULKNER: MR. STAGG: please. (Question read.) MS. FAULKNER: it as vague and overbroad. Q. You can answer the question. MS. FAULKNER: the way it's posed. I don't think so, not I will again object to What was the question?

Can you read it back,

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Q. A. Q. A. Q.

Sir, do you understand the question? Yes. Please answer it. (No response.) I would ask that you not look to your

lawyer for guidance. MS. FAULKNER: understands the question. MR. STAGG: I don't think he

Would you -He already said he does.

Let's let the witness explain. A. I understand the gist of the question I don't know that without

you've asked, Mr. Stagg.

a legal background that I'm prepared to answer the legal tone or the legal insinuation of that question. Q. Sir, do you have any evidence to support a

claim that Chase failed to investigate a dispute with regard to the credit card at issue in this case? MS. FAULKNER: Once again, this is

a -- this calls for a legal conclusion on the part of the witness. Q. A. It is also vague and overbroad.

Did you understand the question? Again, I understand the question, but I

think that there's a legal overtone there that I'm

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uncomfortable in answering without guidance. Q. Sir, I call your attention to paragraph 17

of your complaint filed in this action wherein you state: "Upon information and belief, each defendant violated the FCRA," which I take it to mean Fair Credit Reporting Act, "by failing or refusing to comply with the obligation to properly reinvestigate the plaintiff's disputes or correct his reports." With respect to Chase, what's the basis of that allegation? A. Q. A. Q. May I -Of course. We are looking at number -17. MS. FAULKNER: circuit this. Why don't we short

With regard to this matter, this

case, discovery has shown that Experian did not communicate with Chase. longer in this case. Therefore, that claim is no

This case. So there's a stipulation

MR. STAGG:

that that claim has been withdrawn in this case? MS. FAULKNER: that months ago. I think I told you

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MR. STAGG: Is that correct?

I just want to be clear.

MS. FAULKNER:

Yes, that's correct;

and we can also stipulate that he got those letters and what the contents are. Q. So let's move along.

Sir, I hand you what's been marked as Do you

Chapman Exhibit 3 for identification. recognize that document, sir? MS. FAULKNER:

We will stipulate that

that is a document that he received, and we'll stipulate that the contents say what they say. Q. A. Q. A. Do you recall receiving that, sir? Yes, I do, sir. On or about January 14, 2003, right? Written on January 14, 2003. I don't Shortly

recollect exactly when I received it. thereafter I would suppose. Q.

With respect to Chase, sir, what actual

damages are you claiming in this case? MS. FAULKNER: Objection as to a

MR. STAGG: witness not to answer?

Are you instructing the

MS. FAULKNER:

That is a legal

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sir? A. Q. Chase? Q. A. question.

MR. STAGG: and round on this.

We can go around, round

Are you instructing witness not I'm asking him what his

to answer the question? actual damages are. legal question.

In my opinion, that's not a

I'm asking him the factual basis

with regard to his damages. MS. FAULKNER: Why don't you ask that

MR. STAGG:

I did. No.

MS. FAULKNER:

Sir, did you understand the question? Again, Mr. Stagg, I'm happy to answer any My contention is that if

question that you have.

there's a legal overtone to the question, I'm uncomfortable in answering it definitively because I am not a lawyer and I don't have a true understanding of the law that surrounds it. If you

can extract something from that question and put it in more simplistic terms, without a legal overtone, I would be very happy to answer it. Q. Are you alleging damages in this case,

Yes, sir. What damages are you alleging against

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MS. FAULKNER:

The allegations are in

That's a legal question. MR. STAGG: Just so we are clear on

this, it's your position that my request to ask this witness what damages he suffered is a legal question? MS. FAULKNER: MR. STAGG: witness not to answer? MS. FAULKNER: You already have his Yes.

Are you instructing the

answers in written discovery, which is the proper way to get those questions. So if you want to go

over the written discovery, you may. MR. STAGG: I disagree, Attorney

Faulkner, and I'm entitled to probe the damages that this witness alleges that he suffered in this case. Q. Sir, now answer the question, please.

What damages have you suffered -MS. FAULKNER: That is a vague --

-- as pertains to Chase? MS. FAULKNER: -- overbroad and a

legal question. MR. STAGG: If I don't get an answer

to this question, I will move today to strike the complaint in this case for failure to establish

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damages, and I'll ask that this deposition be busted because the witness is not cooperating, I'll move for sanctions against you, and I'll seek to strike the complaint. That's the proper recourse, Attorney

Faulkner, when a witness fails to answer a proper question put to him. Chase is entitled to probe the damages claimed against it in this case. I'm

entitled to ask this witness to elaborate what those damages are, whether they have been stated in written form or not, because that goes to his credibility, Attorney Faulkner, and it goes to the claims against a defendant in this case, and Chase has the constitutional right to protect itself in this case. MS. FAULKNER: is over. Thank you. MR. STAGG: deposition? MS. FAULKNER: deposition. MR. STAGG: that the record is clear? MS. FAULKNER: Oppressive, harassing, And what is the basis, so Yes, we are ending the Are you ending this Okay. The deposition

threatening, erroneous statements of law to

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misrepresent to my client. If you want to ask actual, nonlegal questions, you may do so. You may not ask him legal

questions, you may not ask him broad questions, and you may not ask him questions that he has already answered in discovery. MR. STAGG: I disagree with your

position with respect to what I may or may not ask him. MS. FAULKNER: Mr. Rota, do you want

to take your part of the deposition? MR. STAGG: I'm not finished. I'm

not finished, Attorney Faulkner, and I traveled to New Haven today to take this deposition, and I'm entitled to probe this witness with regard to his claims against the bank. Q. sir? MS. FAULKNER: question. That is a legal Do you understand what I mean by damages,

"Damages" encompasses legal response.

You may ask him for actual facts. Q. Have you suffered harm, sir, as a result

of the allegations that you claim in this case? A. Q. Yes. What harm, sir, have you suffered?

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A. Q.

(No response.) And I would ask that you limit your

response solely to the claims against Chase. A. I don't know how at this point, because I

don't have a legal mind, to differentiate between, fully, the damages between Chase and Experian. think that they are merged. I think both have I

shared a part in the harm that's been done to me through the course of three years. Q. Is it your testimony, sir, that you cannot

separate the damages or the harm that you allege specifically to Chase? A. Mr. Stagg, that's absolutely correct, that

I cannot differentiate, because it seems that Chase and Experian cannot differentiate between my Social Security number and that of another individual, so it's difficult for me to differentiate between who is more responsible for what damages. I only know

as an individual, without a legal mind, that I have suffered damages as a result of this, many very real, some supposed, and I have lived in a nightmare for three full years. Q. You use the word "damages," sir. What do

you mean by damages? A. Emotional, the relationship with my wife,

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the lack of time that I have been able to spend with my young teenaged son, loss of free time, worrying if my federal agents would surround my house because of erroneous information relating to federal tax liens in an alias of another individual that was shown on my credit reports. That was a real fear.

I truly believed that I could come home some evening and find that they were going to take my house away. Working very often six days a week, coming home at 10:30 in the evening, taking a plate and sitting down at my desk and working on this project endlessly, simply trying to get someone from either/and or both Chase and Experian to rectify, simply rectify a wrong that was done to me. My only purpose through the first year and a half of this process was to simply gain back what was rightfully mine, and that was my good credit. That was an unblemished credit report. That was an

expectation of Chase Manhattan Bank to take a customer, their customer, and do the right thing, and it was not. Q. Sir, you say, don't you, that the dispute

in this case arose from a typographical error, right? MS. FAULKNER: Objection. That's

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putting words in his mouth which he never said. Q. Sir, I show you what's been marked as

Chapman Exhibit 4 for identification, and I refer you to the first paragraph, sir, wherein you state, "It is quite upsetting to think that all this happened because of a typographical error." Do you recognize that? A. Q. A. Q. A. Q. page? A. Q. Yes, it is, sir. It was upsetting to you that this came Yes. That's your letter, right -Yes, sir, it is. -- dated March 20, 2001, to Experian? Yes, sir. And that's your signature on the third

about because of a typographical error, right? A. Q. Yes. Let's talk about your emotional distress Did you see a doctor in connection with

or damages.

any of the emotional distress that you related to? A. Q. A. No, sir. Did you see anybody, any counselor? No. I believe when you approach 50 years

old, and if you have the stock that I believe that I

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have, I had no time nor could I allow myself to fall into a prison of depression enough so that I could not carry on and take care of my responsibilities and fight this thing and get it resolved. Q. So you didn't suffer depression as a

result of this? A. Sure I did. Not all people that suffer

depression or forms of it find themselves institutionalized or under a doctor's care. The ills that I suffered were real. The

ills that I suffered were daily, the pending threat of what may happen, the corrections that took place that then somehow disintegrated and reappeared, the amount of work, focus that I had to have at 12:00 midnight because I worked all day, it caused me sleepless nights, it caused me lack of time with my family, lack of free time, lack of dinners out with my wife. It caused me an estranged situation with

my wife for the first time; constant grief through a three-year period. Q. Yet at no time did you seek the assistance

or care of a medical provider in connection with the depression? A. No. I will tell you, Mr. Stagg, that I

did go to my doctor because of -- I came down with

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what I thought was arthritic or bursitis, terrible joint aches and pains, and I was prescribed a medication called Bextra for that during this period of time, and although arthritis was never confirmed, it was said to me that it could very well be stress related, and during the last 12 months that has somewhat dissipated because I feel now that I have someone working on my behalf, and I'm not totally alone in this thing, fighting two Goliaths. Q. A. What doctor did you see? Which doctor?

Dr. Gary Bergman, Montauck Avenue,

M-O-N-T-A-U-C-K, Avenue, New London, Connecticut 06320. Q. A. Q. A. When was that? I can't give you the exact date, sir. Can you approximate a month, a year? I can tell you that it was within the last Couple of years ago.

three years. Q. A.

It's 2004 now, so approximately 2002? Mr. Stagg, I'm telling you that I don't I can tell you that it

know specifically when.

wasn't before the timeline of the three years when this began. My best guess to you, sir, is that it

was about two years ago. Q. And did this doctor at any time tell you

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that the stress that you were suffering under was related to the claims or disputed issue with regard to Chase? A. No, sir. He was not aware of the

disputes, and I doubt if my medical doctor would make the assumption that Chase Manhattan Bank was specifically the cause of my ills, no. I think that

that would have to be an assumption as to the persistent and consistent damage and stress that I was under as a result of the actions of Chase Manhattan Bank and Experian. Q. At any time did federal agents surround

your house, sir? A. No, they did not. I was fortunate in that

regard, sir. Q. you? A. Q. No, sir. With respect to the Chase account at issue At any time was your house taken away from

in this case, how was that account opened? A. It was a solicitation, and if I remember

correctly, the interest rate that was, because of my impeccable credit history, I was offered a very, very low rate, and I can't recall what that rate was. It might have been 2 or 3 percent; and again,

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I say that might have been because I don't recall the exact rate. So my wife, Elaine Chapman, handles all of our financial matters at home, and I'm certain that she would have mentioned this rate and decided that we should open that account. Q. Do you remember when you opened the Chase

account at issue in this case? A. It was in the year 2000, sir. It was 2000. Was I don't

remember the month. Q. it phone? A.

And what type of solicitation was it? Was it mailed to you? I can't tell you with 100 percent

certainty, but I believe that it was a mailed solicitation. Q. A. That you completed and sent back to Chase? My wife may have completed it, with my

signature. Q. A. Did you sign it or did she sign it? I would always sign it. She would not

have signed my signature. Q. So to the best of your recollection, you

received a mail solicitation from Chase that you sent back to open the account? A. To the best of my recollection. Now, it's

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possible that it was done over the telephone. simply don't remember.

I

It was not something at the

time, Mr. Stagg, that would have caused me to burn that portion of it in my memory. It was the

resulting effects that have been burned in my memory. Q. Do you have any documents that would

indicate whether it was a mail or telephone solicitation? A. I'm not in the habit, Mr. Stagg, of saving If it's successfully opened, if

that kind of thing.

an account is successfully opened, that would have been disposed of. Those are not documents to me It

that, like a home mortgage or insurance papers. would be something that was simply solicited. agreed to it, I opened it, and I would probably dispose of those papers. Q.

If I

Would your wife be in a better position to

know how the account was opened? A. Certainly. I'm sorry. wife be? question. Would you repeat -- would my I misunderstood the

I'm sorry, sir.

I thought you said would I like to be

made aware of how the account was opened. No. I've discussed this with my wife, and

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she does not recall. Q. Let's go back to the damages that you Are there any documents

allege for embarrassment.

that you have that would indicate the embarrassment you claim you suffered? A. I don't know, Mr. Stagg, how you document I don't know.

embarrassment, humiliation, threat.

I'm trying to think of any circumstance where there would be documentation of those things. I can tell you that when I went to purchase a car in the month of March of 2001 this was a happy occasion with my wife at my side, my then 13-year-old son, excited about getting our new vehicle, and I was told by the credit manager in front of my vulnerable 13-year-old son, I was questioned and asked if I had an alias, if I had ever gone by an alias, if I was in the habit of using more than my name, if I had ever gone by the name of John C. Solberg, questioned my federal tax lien in the state of Oregon; but after a 20 or 30-minute display of this erroneous information, this credit manager smiled and said, "But your good credit has superseded some of these bad things, so we are still going to give you the car," which left my -- I'll never forget the expression on my

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13-year-old son's face.

I certainly will tell you

that it kind of dampened the evening and the occasion of getting a new vehicle. began. From that point, from that point I spent 19 months, and that's an accurate accounting -Q. Sir, I just ask that you respond to my That's how it

question, rather than give narrative answers. You're entitled to elaborate on any answer that you give. I don't want to cut you off, but my question

to you was, do you have documents that would support your claim that you suffered embarrassment. A. Q. I have no documents, sir, no. Let's talk about the auto finance That was a Honda dealership?

transaction. A. Q. A. Q.

Yes. You received financing from Honda, right? Yes, sir. So it was 20 minutes of embarrassment that

you suffered at that Honda dealership before the -A. It was 20 minutes that revealed the reason

why I would continue to be embarrassed for three years. Q. A. And what reason was that? Because there was a federal tax lien on my

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credit report, an alias, and a battery of different erroneous credit information and accounts, and inquiries that were not mine. Q. A. And how do you relate that to Chase? Because upon discovery that it was Chase's

error and my persistent plea to get this information corrected, and it was not, I hold Chase accountable for that. Q. You don't know, though, sir, as you sit

here today, do you, that at the time the account was opened that you may have given an incorrect Social Security number or Chase may have, as a result of a faulty telephone connection, may have, or a garbled telephone connection, may have misunderstood your Social Security number, right? A. I cannot tell you if the person that

received the call had static on his or her telephone line, but I can assuredly tell you, sir, that I have had my Social Security number from the age of 16, and that there was no error in my recounting the digits of my Social Security number that I have used repeatedly through 35 years. Q. But it's possible, isn't it, sir, that it

may have been -A. No, sir.

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Q.

Listen to my question, please.

It's

possible, sir, that the representative from Chase on the other end of the telephone line, if this in fact were a telephone solicitation, may have taken down the wrong Social Security number simply because there wasn't a clear connection, right? MS. FAULKNER: speculation. Q. A. Right? I believe it is -- your question is based I can't tell if lightning Objection. Calls for

purely on speculation.

came down and struck the phone line that I wasn't aware of, and therefore interfered with a clerk's ability to hear, Mr. Stagg. Q. And you can't tell me, can you, sir, how

it was that the Social Security number listed for you in Chase's records was off by one digit, right? A. Please repeat the question, Mr. Stagg.

I'm sorry. Q. You can't tell me as you sit here today

how it was that the wrong Social Security number was listed for you in Chase's records, right? know how that happened? A. Well, I had an employee, an employee of You don't

Chase by the name of Domingo -- please, I'm not

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certain on the last name; it's in the record; I think it was Morales -- completely identified the computer data, and this is all in my answers, indicated that he saw clearly that my Social Security number and that of a Mr. John Solberg had been mismerged, and that it was, in fact, a Chase error. I also believe that the Chase letters that we have looked at earlier have indicated an apology relating to pretty much the same. Q. But you don't know how it came about that

your Social Security number was incorrectly listed in Chase's records, right? A. That's correct, sir, I do not know exactly

how that might have transpired. Q. And based on the records we looked at --

why don't you go through them and tell me if there's anything there indicating how that error came about. A. No. In my answer, and with the name, the

phone number, and even the extension number of the individual that reiterated this process to me, I would think would be -- it certainly was enough proof for me to believe when he only knew my name and my correct Social Security number, and after I spoke and told him about the circumstance, he was

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able to bring up on his computer screen the entire synopsis of what had happened, that was certainly good enough for me. Q. Except how this error came about, right? MS. FAULKNER: You're asking an awful So

lot of repetitious and meaningless questions.

why don't we stop harassing the witness and get on to something you really want to know about. MR. STAGG: mischaracterization. Q. I want to know, sir, based on your Objection to your

testimony -MS. FAULKNER: Would you get the

smirk off your face when you're asking my client questions. MR. STAGG: First of all, don't

mischaracterize my presentation, okay, and you're doing that, Attorney Faulkner. MS. FAULKNER: MR. STAGG: I am not. I'm asking

Yes, you are.

your witness a question, and he has given various answers, and I'd like clarification with respect to whether he has any proof whatsoever as to how this error came about. Q. Do you understand what I'm looking for,

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sir? A. I do. MS. FAULKNER: that's a legal question. worries about proof. about proof. MR. STAGG: Q. A. So am I. He's not the one --

He is not the one that

I am the one that worries

Do you understand my question, sir? I do. I do not have definitive proof of how the

clerk that's employed by Chase made specifically the error that caused me three years of hell. I don't. Q. And you're assuming, sir, that it was made No, sir,

by Chase, correct? A. No, no, sir, I'm not assuming. I'm going

by a Chase employee that told me very specific information and admitted it, and you, sir, in your records have his name, phone number, even his extension number. Q. A. clearly. And what did he admit specifically? Specifically, he said "Oh, I see it Your Social Security number was punched in

one digit, the first digit, incorrectly, and that has caused your account to be," I don't believe he

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used the word "mismerged," but that's my word, "mismerged with that of another individual," and I believe I said, "Is that other individual John C. Solberg," and I believe that he confirmed that as well. Q. My question to you, sir, doesn't pertain It pertains

to whether an error was made.

specifically as to how that error was made, and -MS. FAULKNER: several times. Q. -- my question to you was, you assumed And you asked it

that Chase made the error initially, correct? A. Initially? I'm finding the word Initially I did It wasn't

"initially" confusing, Mr. Stagg.

not know that Chase was involved at all.

until November of 2002 that I found out that Chase had made the error. When I talked to the employee He did not

at Chase, he admitted making the error.

tell me specifics as to how that error was done. Q. A. What error did he admit to? That the first digit of my Social Security

number was misentered into their computer system, so I would assume if it was their computer system, meaning Chase's computer system, that it wasn't an outside person that entered it, that it was an

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employee of Chase Manhattan Bank. Q. Thank you. Sir, at paragraph 4 of Plaintiff's Response To Interrogatories, the question put was, "Identify all damages plaintiff is claiming in this action, and identify each document relating to such damages." There was an objection interposed, I assume by your attorney, but it goes on to say, "With regard to Chase, actual damages for embarrassment, humiliation, inconvenience, injury to credit reputation, out-of-pocket costs for mail, telephone, copy of credit reports, statutory damages pursuant to ECOA, punitive damages pursuant to CUTPA," period. "No documents."

Is it fair to say, sir, then, that you have no documents supporting any of the actual damages you reference in paragraph 4? A. I have expense-related documents. Could

you dissect that a bit, Mr. Stagg, and ask me, ask me a couple of questions, but more specifically? Q. Certainly. We have already established,

haven't we, sir, that you have no documents showing the embarrassment you claim to have suffered, right? A. That's correct.

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Q.

And you have no documents referencing the

humiliation that you claim to have suffered, right? A. Q. That's correct, sir. According to this paragraph, it's true,

then, that you have no documents supporting the inconvenience that you suffered, right? A. Unless -- you see, I'm having a hard time.

I'm having difficulty thinking of any circumstance in life in any way where one who has been harmed and suffered humility, inconvenience, and damages of any kind, is handed a document that shows that. I think

the documents that lead up to this case, lead up to us being here today, is the documented proof that you're looking for, Mr. Stagg. Q. Sir, I'd like you to take a look at the

last page of Plaintiff's Response To Interrogatories. That's your signature there on the

verification page, right? A. Q. It is, sir. Read what that verification states in the

first sentence. A. "The undersigned states that the facts

stated in the responses to the interrogatories are true to the best of my knowledge and belief." Q. That's all, just that first sentence. And

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that's your signature on that page? A. Q. A. Q. Yes. And that was signed on May 30, 2003? Correct. And you reviewed these responses to

interrogatories before you signed them, right? A. Q. Yes. And at the time you signed them you

understood what they meant, right, because you wouldn't have signed them otherwise? A. I understood them without the legal

portions of it. Q. Let's -- perhaps we can do this in a more

efficient manner, and I certainly don't want to belabor the point. Why don't you tell me what

documents, if any, that you've located since you responded to these interrogatories on May 30, 2003, that would support any of the claims for actual damages in that paragraph. A. specific? Q. A. Q. you. Mr. Stagg, can you give me a more Which item are we referring to? Any and all of them, sir. Paragraph 4. Do you see where it states -- let me help Paragraph 4.

Page 5, sir.

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A. Q.

Starting -Paragraph 4, where it states, "With regard

to Chase," and then it goes on to say, "actual damages," and "damages" is the language that you used. MS. FAULKNER: that his attorney used. MR. STAGG: Oh, that you used. Yes, that's correct. No, it's the language

MS. FAULKNER: MR. STAGG:

Perhaps you'd like to

withdraw your earlier objection with regard to the use of that phrase. MS. FAULKNER: That was my objection,

that the attorney used the phrase in response to your attorney's question using the phrase. MR. STAGG: this document, right? MS. FAULKNER: And the client signed And your client signed

the document, specifically saying, "As to legal contentions and analysis I have no personal knowledge, but I rely upon counsel, discovery as to the underlying facts of the case, and not to the responses of interrogatories," and these questions are way out of bounds. MR. STAGG: I disagree completely,

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but let's get on with it. A. I'm sorry, I've lost -- would you repeat

the question that you are looking for, Mr. Stagg. Q. Sure. As I understand the response to

this interrogatory, sir, there are no documents to support the claim for actual damages relating to embarrassment, humiliation, inconvenience, injury to credit reputation, out-of-pocket costs for mail, telephone, copy of credit reports. Is that still the case today, sir? A. I thought that I had answered that with my I don't know, Mr. Stagg, how one

last statement.

assembles documentation of ills that are imposed upon them. The documentation seems to me to be In

within the paperwork that lies on this table.

the letters that show the damage, the reason for the damage, the apology letter, and then the letter that reduces my credit line, then an apology letter, those kinds of things are my documentation. I don't

think that one goes through this type of thing unscathed or unblemished, or undamaged, or without being hurt. Q. That's my statement. I want

I don't want your statement, sir. Please answer my

a response to my question. question.

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A. thought.

I just gave it to you, Mr. Stagg, I

MS. FAULKNER: gave it to him. Q.

That's enough.

You

So you have no documents as you sit here

today that would support any claim for embarrassment, humiliation, inconvenience, injury to credit reputation, out-of-pocket costs for mail, telephone, or copy of credit reports, right? A. All of the papers that are on this table,

Mr. Stagg. Q. Point to the papers, sir, specifically and

the paragraphs. MS. FAULKNER: this. That is enough. That is enough of

I'm not going to stand for

this harassment. times.

He has answered this question four

MR. STAGG:

No, he hasn't.

He has

pointed to documents on this table.

I'd like him to

point to the specific words in the documents on this table. Q. Now, if you would do that, sir, I would be

most in your debt. MS. FAULKNER: Thank you.

Mr. Rota, do you want to take your

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part of the deposition? MR. STAGG: I'm not done. You're done.

MS. FAULKNER: MR. ROTA:

Mr. Stagg has the floor.

You'll have to work this out. MR. STAGG: I'm not done. Just so

the record is clear, Attorney Faulkner, you are breaking up this deposition because you won't allow your witness to answer questions relating to documents that he claims show his damages in this case? I want an understanding of where -MS. FAULKNER: I'm breaking up this

deposition because you are harassing him, you are oppressing him. five times. You have asked him the same thing

You have looked at him with a snear on

your face, and I don't think we need to tolerate this. Thank you. Mr. Rota, would you want to go ahead? MR. ROTA: I want to take my

deposition while we are here, but Mr. Stagg does have the floor right now. MS. FAULKNER: Mr. Stagg. MR. STAGG: are not. No, Attorney Faulkner, we We are done with

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Let the record reflect that you have glared at me throughout this deposition with hateful glances that are totally unprofessional. I have

never once smirked or done anything unprofessional with respect to this witness, and I am entitled to answers to the questions I've put to this witness, and if you walk out of this deposition, Attorney Faulkner, I will ask the court to dismiss this case for failure to establish damages. MS. FAULKNER: That was a very nice However, let me

speech, most of which was untrue.

say that all you have done is gone over documents that you have already had and answers that you have already had. If you had something new that you

wanted to ask him, there would be some purpose in this deposition, but right now there is no purpose except oppression and harassment. If you have

something you want to go on to, other than the same question five times -MR. STAGG: your mischaracterization. Your witness, the plaintiff in this case, has claims that there are documents on this table that support his claim for actual damages. MS. FAULKNER: And he has said what I strenuously object to

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they were several times. MR. STAGG: He has? No, he hasn't.

I would like him to specifically identify which documents he's talking about, because presumably they support his claim. I'm entitled to probe that. Did you want to go on

MS. FAULKNER: to another topic or not. MR. STAGG: that question.

No.

I want an answer to

I have other topics that I will,

that I intend to cover, but you're not allowing me to do that. MS. FAULKNER: If you want to go on I see

to the other topics, you may at this point. you have five or six folders there with some additional questions. may. MR. STAGG:

If you want to ask them, you

I'd like to call the

court right now and get an immediate ruling on this. Is there a telephone in this room? MS. FAULKNER: and we are leaving. MR. STAGG: over. No, the deposition is not The deposition is over

This is my deposition, Attorney Faulkner, and

it's not over, and we are staying on the record, with or without you and your witness.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the court? Stagg? at 11:01.

(In the absence of Ms. Faulkner and Mr. Chapman:) MR. STAGG: Why don't we go off for

one minute while we get Judge Hall's telephone number. THE VIDEOGRAPHER: Going off record

(Recess:

11:01 to 11:06 a.m.) We are back on

THE VIDEOGRAPHER: record at 11:06. MS. FAULKNER:

Let the record reflect

that we have a telephone call in to Judge Hall following Attorney Faulkner's busting of the deposition; and so the record is clear, Attorney Faulkner is no longer in the room. THE CLERK: (Via telephone) Attorney

MR. STAGG: THE CLERK:

Yes. Did you say that

plaintiff's counsel walked out of the deposition? MR. STAGG: THE CLERK: She did. So it's just you calling

MR. STAGG: counsel is here as well.

No, co-defendant's

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THE CLERK:

It would be still be an

ex-parte communication because the plaintiff wouldn't be represented on the phone call, would they? MR. STAGG: THE CLERK: handle it that way. No, but -The judge is not going to

All counsel have to be present

before she can make any sort of a ruling with regard to that, and actually she is going out to the bench, and she has suggested that if, in fact, all counsel were present, if, in fact, plaintiff's counsel walked back into the room, that I suggest I would try to hook you up with Judge FitzSimmons because Judge Hall, as I said, is on her way to the bench. MR. STAGG: Faulkner has not come back. Unfortunately, Attorney She's apparently left

the building, and taken her witness, the plaintiff in the case, with her. THE CLERK: MR. STAGG: THE CLERK: Who was being deposed? Who was being deposed. Just what is it that you

want the court's intervention on, then? MR. STAGG: We wanted the court's

input and advice as to how to proceed at this juncture, and I understand that this is an unusual

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set of circumstances, and we are not attempting an ex-parte communication with the judge. We are only

seeking the judge's input, and perhaps the judge can schedule an immediate conference on this. THE CLERK: going to suggest to you. That's what I was just Why don't you put in a You cannot go

letter what obviously occurred today.

forward with the deposition without the deponent. If you want to put in the letter what occurred, and then obviously that will bring it to the judge's attention, and make sure you copy Attorney Faulkner and all counsel of record on this, and then more than likely the judge would then at that point set up a telephone conference. MR. STAGG: for your input. Bye-bye. (Telephone conference concluded.) MR. STAGG: Let the record reflect We'll do that. Thank you

that Attorney Faulkner has busted this deposition. She's taken her witness, the plaintiff, John Chapman, away over my objection and I would suppose -MR. ROTA: Mr. STAGG: My objection also. -- Experian counsel's

objection, and we will seek recourse with Judge

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Hall.

Thank you. THE VIDEOGRAPHER: Going off record

at 11:11. (Recess: 11:11 to 11:25 a.m.) We are back on

THE VIDEOGRAPHER: record at 11:25. MR. STAGG: record?

Are we back on the

We are back on the record.

I guess

it's about ten minutes later, and just so the record is clear, when Attorney Kazin and I left the building, we saw Attorney Faulkner and Mr. Chapman outside. Thereafter, we came back into the building

for the purposes, for the purpose of continuing the deposition if Attorney Faulkner would allow us to do that, and to call Magistrate Judge FitzSimmons for a ruling with respect to the disagreement between counsel. At that point Attorney Faulkner again

walked out of the deposition room with her client and refused to participate in a telephone conference call with Judge FitzSimmons. I specifically asked

her if she would participate, and she did not respond. MR. ROTA: Could you please also have

the record show that Ms. Faulkner asked if I,

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Experian counsel, wanted to continue with the deposition, and I said yes, I would like to continue, that it would not be appropriate to continue without Chase counsel being present, and Chase's counsel would have liked to have had Judge FitzSimmons rule on their portion of the deposition. As this is a single deposition, it is not actually two depositions, it wasn't proper for Ms. Faulkner to leave again. MR. STAGG: Attorney Rota, would you

agree that the statements that I put on the record were accurate and fair? MR. ROTA: MR. STAGG: nothing else. MR. ROTA: Actually, Mr. Stagg, would Yes, I would. Thank you. I have

you agree that the statements that I put on the record were accurate and fair? MR. STAGG: Yes. Going off record

THE VIDEOGRAPHER: at 11:27.

(Deposition adjourned:

11:27 a.m.)

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J U R A T

____________________________ JOHN J. CHAPMAN

Subscribed and sworn to before me on this ________ day of ______________, 2004.

____________________________ Notary Public.

My Commission expires: _____________

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reporter's note: Mr. Stagg. CHAPMAN EXHIBITS 1 2 3 4 WITNESS John J. Chapman

INDEX PAGE

Direct Examination by Mr. Stagg

4

EXHIBITS DESCRIPTION Letter, 11/25/02, Arguello to Chapman. Letter, 12/25/02, Arena to Chapman. Letter, 1/14/03, Magallan to Chapman. Copy of Envelope; letter, 3/20/01, Chapman to Experian Complaint Department. PAGE 3 3 3

3

Original exhibits returned to

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