IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

KEVIN MITCHELL ) 

 ) 

 Plaintiff, ) 

 vs. ) 

 ) Civil Action No. 02-CV-4442 

EXPERIAN INFORMATION ) 

SOLUTIONS, INC. ) 

 and ) 

CBA INFORMATION SERVICES ) 

 and ) 

BP/CITIBANK SD ) 

 and ) 

CAPITAL ONE BANK ) 

 and ) 

CROSS COUNTRY BANK ) 

 and ) 

DELL FINANCIAL SERVICES ) 

 and ) 

ORCHARD BANK ) 

 and ) 

PROVIDIAN FINANCIAL ) 

 ) 

 Defendants. ) 

 )

O R D E R 

AND NOW, this day of , 2003, upon consideration of Plaintiff’s 

Motion to Compel Defendant CBA Information Services’ Answers to Plaintiff’s Interrogatories 

and Request For Production of Documents, it is hereby ORDERED that Defendant CBA 

Information Services shall provide Plaintiff with its answers to Plaintiff’s First Set of 

Interrogatories and Request for Production of Documents, without objections, within five (5) 

days of the date of this Order or risk further sanctions upon application to the Court. 

BY THE COURT: 

 

 Fullam, J. J. 

Case 2:02-cv-04442-JF Document 29 Filed 07/02/2003 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

KEVIN MITCHELL ) 

 ) 

 Plaintiff, ) 

 vs. ) 

 ) Civil Action No. 02-CV-4442 

EXPERIAN INFORMATION ) 

SOLUTIONS, INC. ) 

 and ) 

CBA INFORMATION SERVICES ) 

 and ) 

BP/CITIBANK SD ) 

 and ) 

CAPITAL ONE BANK ) 

 and ) 

CROSS COUNTRY BANK ) 

 and ) 

DELL FINANCIAL SERVICES ) 

 and ) 

ORCHARD BANK ) 

 and ) 

PROVIDIAN FINANCIAL ) 

 ) 

 Defendants. ) 

 )

PLAINTIFF KEVIN MITCHELL’S MOTION TO COMPEL DEFENDANT CBA 

INFORMATION SERVICES’ ANSWERS TO PLAINTIFF’S INTERROGATORIES 

AND REQUEST FOR PRODUCTION OF DOCUMENTS

Plaintiff, Kevin Mitchell, by and through his undersigned attorneys, hereby moves this 

Honorable Court to enter the accompanying order compelling Defendant CBA Information 

Services (hereafter “CBA”) to provide Plaintiff with its answers to Plaintiff’s Interrogatories and 

Request for Production of Documents, without objections, and, in support thereof, alleges the 

following: 

 1. This is an action for damages brought by an individual consumer against the 

Defendants for violations of the Fair Credit Reporting Act (hereafter the “FCRA”), 15 U.S.C. 

Case 2:02-cv-04442-JF Document 29 Filed 07/02/2003 Page 2 of 8
§1681 et seq., as amended, and various other laws of the Commonwealth of Pennsylvania which 

was commenced by the filing of a Complaint on or about July 3, 2002, in the United States 

District Court For the Eastern District of Pennsylvania. 

 2. On July 16, 2002, Plaintiff served the Complaint upon the Defendant CBA. 

3. On August 26, 2002, Defendant CBA served an Answer with Affirmative 

Defenses upon Plaintiff. 

 4. On October 28, 2002, Plaintiff forwarded their Self-Executing Disclosures to 

Defendant CBA pursuant to Rule 26(a) of the Federal Rules of Civil Procedure. 

5. On October 28, 2002, Plaintiff forwarded a First Set of Interrogatories and 

Request For Production of Documents to Defendant CBA. 

6. On March 4, 2003, having not received Defendant CBA’s Answers to Plaintiff’s 

Discovery Requests, Plaintiff’s counsel sent a letter to Defendant CBA’s counsel informing him 

that Plaintiff’s counsel had still not received the untimely Answers to Interrogatories and 

Request for Production of Documents, and that Plaintiff would be forced to file a motion to 

compel if he did not receive them due to the approaching discovery and motions deadline. (A 

copy of Plaintiff’s counsel’s correspondence dated March 4, 2003 is attached hereto as Exhibit 

“A” and is incorporated herein). 

7. On June 19, 2003, still having not received Defendant CBA’s Answers to 

Plaintiff’s Discovery Requests, Plaintiff’s counsel sent another letter to Defendant CBA’s 

counsel informing him that Plaintiff’s counsel had still not received the untimely Answers to 

Interrogatories and Request for Production of Documents, and that Plaintiff would be forced to 

file a motion to compel if he did not receive them due to the approaching discovery and motions 

Case 2:02-cv-04442-JF Document 29 Filed 07/02/2003 Page 3 of 8
deadline. (A copy of Plaintiff’s counsel’s correspondence dated June 19, 2003 is attached hereto 

as Exhibit “B” and is incorporated herein). 

 8. To date, Defendant CBA’s has failed to provide Plaintiff with its answers to 

Plaintiff’s First Set of Interrogatories and Request For Production of Documents. 

 9. Plaintiff suffers hardship and prejudice as a result of Defendant CBA’s failure to 

provide him with pertinent and relevant discovery that he has requested. 

10. Plaintiff has attempted in good faith to resolve this discovery dispute. Plaintiff’s 

Rule 26.1(f) Certification of Counsel is attached. 

 11. To date, Defendant CBA has not indicated any intention to provide Plaintiff with 

these outstanding items, and Plaintiff respectfully requests that the Court enter the accompanying 

order compelling it to do so. 

 WHEREFORE, based upon the foregoing, Plaintiff Kevin Mitchell respectfully requests 

that this Honorable Court enter the accompanying Order compelling the Defendant CBA to 

provide Plaintiff with its Answers to Plaintiff’s Interrogatories and Request For Production of 

Documents, without objections, within five (5) days of the date of this Order or risk further 

sanctions upon application to the Court. 

FRANCIS & MAILMAN, P.C. 

 BY: _____________________________

 JAMES A. FRANCIS, ESQUIRE 

 MARK D. MAILMAN, ESQUIRE 

Attorney for Plaintiff 

 Land Title Building, 19th Floor 

 100 South Broad Street 

 Philadelphia, PA 19110 

 (215) 735-8600 

Dated: July 2, 2003 

Case 2:02-cv-04442-JF Document 29 Filed 07/02/2003 Page 4 of 8
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

KEVIN MITCHELL ) 

 ) 

 Plaintiff, ) 

 vs. ) 

 ) Civil Action No. 02-CV-4442 

EXPERIAN INFORMATION ) 

SOLUTIONS, INC. ) 

 and ) 

CBA INFORMATION SERVICES ) 

 and ) 

BP/CITIBANK SD ) 

 and ) 

CAPITAL ONE BANK ) 

 and ) 

CROSS COUNTRY BANK ) 

 and ) 

DELL FINANCIAL SERVICES ) 

 and ) 

ORCHARD BANK ) 

 and ) 

PROVIDIAN FINANCIAL ) 

 ) 

 Defendants. ) 

 )

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF KEVIN MITCHELL’S 

MOTION TO COMPEL DEFENDANT CBA INFORMATION SERVICES’ ANSWERS 

TO PLAINTIFF’S INTERROGATORIES AND PRODUCTION OF DOCUMENTS

Defendant CBA should be compelled to provide Plaintiff with its Answers to Plaintiff’s 

First Set of Interrogatories and Request for Production of Documents, without objections, within 

five (5) days of the accompanying proposed order. 

It is blackletter law that a party, upon reasonable notice to other parties and all persons 

effected thereby, may apply for an order compelling disclosure or discovery. Fed. R. Civ. P. 37. 

 On October 28, 2002, Plaintiff forwarded its First Set of Interrogatories and Request For 

Production of Documents to Defendant. To date, Defendant CBA has failed to provide Plaintiff 

Case 2:02-cv-04442-JF Document 29 Filed 07/02/2003 Page 5 of 8
with its Answers to Plaintiff’s First Set of Interrogatories and Request for Production of 

Documents despite numerous requests by Plaintiff’s counsel. Plaintiff’s counsel on March 4, 

2003 and June 19, 2003, sent letters to Defendant CBA’s counsel informing him that Defendant 

CBA’s Discovery answers were overdue and that Plaintiff would be forced to file a motion if 

Defendant CBA did not provide them. 

 To date, Defendant CBA has still not provided Plaintiff with its answers to Plaintiff’s 

outstanding discovery requests. 

 Plaintiff suffers hardship and prejudice as he is unable to discover pertinent and relevant 

information that he has requested. As Defendant CBA has not indicated any intention to provide 

Plaintiff with these documents and information, the Court should enter the accompanying order 

compelling CBA to provide Plaintiff with its Answers to Plaintiff’s First Set of Interrogatories 

and Requests for Production of Documents, without objections, within five (5) days of the date 

of the order. 

FRANCIS & MAILMAN, P.C. 

 BY: _____________________________

 JAMES A. FRANCIS, ESQUIRE 

 MARK D. MAILMAN, ESQUIRE 

Attorney for Plaintiff 

 Land Title Building, 19th Floor 

 100 South Broad Street 

 Philadelphia, PA 19110 

 (215) 735-8600 

Dated: July 2, 2003 

Case 2:02-cv-04442-JF Document 29 Filed 07/02/2003 Page 6 of 8
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

KEVIN MITCHELL ) 

 ) 

 Plaintiff, ) 

 vs. ) 

 ) Civil Action No. 02-CV-4442 

EXPERIAN INFORMATION ) 

SOLUTIONS, INC. ) 

 and ) 

CBA INFORMATION SERVICES ) 

 and ) 

BP/CITIBANK SD ) 

 and ) 

CAPITAL ONE BANK ) 

 and ) 

CROSS COUNTRY BANK ) 

 and ) 

DELL FINANCIAL SERVICES ) 

 and ) 

ORCHARD BANK ) 

 and ) 

PROVIDIAN FINANCIAL ) 

 ) 

 Defendants. ) 

 )

LOCAL RULE 26.1(f) CERTIFICATION OF COUNSEL

 The undersigned counsel of Plaintiff Kevin Mitchell (“Plaintiff”), certify, pursuant to 

Local Rule 26.1(f) that they have attempted in good faith to resolve this discovery dispute. 

 On March 4, 2003 and June 19, 2003, having not received Defendant CBA’s Answers to 

Plaintiff’s Discovery Requests, Plaintiff’s counsel sent a letter to Defendant CBA’s counsel 

informing him that Plaintiff’s counsel had still not received the untimely Answers to 

Interrogatories and Request for Production of Documents, and that Plaintiff would be forced to 

file a motion to compel if he did not receive them due to the approaching discovery and motions 

deadline. 

Case 2:02-cv-04442-JF Document 29 Filed 07/02/2003 Page 7 of 8
Notwithstanding the above, to date, Plaintiff has not received Answers to Plaintiff’s First 

Set of Interrogatories and Requests for Production of Documents nor have Plaintiff’s counsel 

been told by Defendant CBA’s counsel when Plaintiff’s discovery will be forthcoming. 

 RESPECTFULLY SUBMITTED, 

 FRANCIS & MAILMAN, P.C. 

 BY:______________________________ 

 JAMES A. FRANCIS, ESQUIRE 

 MARK D. MAILMAN, ESQUIRE 

 Attorneys for Plaintiff 

 Land Title Building, 19th Floor 

 100 South Broad Street 

 Philadelphia, PA 19110 

 (215) 735-8600 

Dated: July 2, 2003 

Case 2:02-cv-04442-JF Document 29 Filed 07/02/2003 Page 8 of 8