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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

COURT FILE NO.: 09−cv−12996−SFC−PJK

JESSICA WILSON 

 

 Plaintiff, 

v. 

MERCHANTS AND MEDICAL CREDIT 

CORP, JANE DOE, and MR. SHAW, 

Individually and Jointly, 

 Defendants. 

Hon. Sean F. Cox 

PLAINTIFF'S MOTION TO COMPEL 

DISCOVERY RESPONSES FROM 

DEFENDANT, COMPEL DEPOSITION 

AND TO DEEM REQUESTS FOR 

ADMISSIONS AS ADMITTED 

 

 Plaintiff Jessica Wilson moves this Honorable Court for an Order pursuant to Fed.R.Civ.P. 

37(a) to compel Defendants to provide answers to specific Interrogatories and Request for 

Production of Documents, the responses to which are long overdue. Plaintiff also moves to compel 

deposition as well as pursuant to FRCP 36, to enter an order affirming Defendants' admissions as 

set forth in Plaintiff's unanswered discovery requests dated October 13, 2009 In support of said 

motion, Plaintiff avers as follows: 

1. On July 29, 2009, Plaintiff filed a Complaint alleging violations of the Fair Debt 

Collection Practices Act, 15 U.S.C. § 1692, et seq (FDCPA). 

2. Defendant served its Answer on or about September 14, 2009. 

3. This Court ordered that all discovery be completed by April 14, 2010. 

4. On or about October 13, 2009 the Plaintiff prepared and served Plaintiff's Discovery and 

Requests for Admissions upon the Defendants in this case. (Exhibit 1 - Memorandum of 

Plaintiff's first discovery requests with certificate of service). 

5. On October 13, 2009, Plaintiff served Notice of Taking Deposition Duces Tecum of 

Defendant's Designated Representative pursuant to Fed.R.Civ.P.30(B)(6) by 

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Stenographer and/or Video Tape to take place on December 21, 2009. (Exhibit 2 - 

Copy of Plaintiff's 30(b)(6) notice Duces Tecum with certificate of service) 

6. On or about October 30, 2009, defense counsel contacted Plaintiff's attorney via 

electronic mail verifying that Defendants' responses were due November 12, 2009. 

Attorney for the Defendants then requested additional time to respond stating: "Based 

upon the volume of information requested, vacation schedules of people I deal with at 

MMCC, and my schedule I’m not optimistic that these will be done by then. I’m hoping 

you can extend me until the end of November for the requests to admit and possibly the 

first week in December for the interrogatories and document request." (Exhibit 3 - email 

correspondence between counsel for the parties). 

7. Plaintiff's attorney promptly replied to defense counsel's email and granted an extension 

in which to respond to Plaintiff's requests to admit until November 30, 2009 and not 

later than December 4, 2009 for the other discovery requests stating: "I will need 

responses by then to have adequate time to prepare for the depositions on December 21 

and 22, 2009." (See Exhibit 3 - email correspondence between counsel for the parties). 

8. Although given a 20-day extension to respond to Plaintiff’s requests to admit and 24 

days additional time to respond to Plaintiff’s discovery requests, Defendants have failed 

to submit their responses to Plaintiff’s Discovery and Requests for Admissions. 

9. Also attached to this motion is subsequent correspondence between the parties counsel 

relating to the late discovery responses. (Exhibits 4-6). 

10. Pursuant to the aforementioned notice, the 30(b)(6) witness was to bring documents 

with them to the deposition including, but not limited to: 

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a. any and all documents summarizing, describing, instructing, detailing, or otherwise 

training any and all of Defendant’s employees in any and all of the following areas: 

1. Defendant’s collection policies; 

2. Defendant’s collection procedures; 

3. Defendant’s collection methods; 

4. Defendant’s collection techniques; 

5. Defendant’s collection tactics; 

6. Defendant’s collection rules; 

7. Defendant’s collection regulations; and 

8. Defendant’s compliance with local, state, or federal laws, codes, or 

regulations. 

b. Any and all training, personnel, or other instruction manuals used by the 

collection personnel who are employed by or supervised by Defendant(s); 

c. Any and all collection software manuals and/or instruction guides for each and 

every computer system, software package, software system, or other electronic or 

non-electronic device used in any manner by Defendant(s) in the collection process; 

and 

d. Any and all personnel files, human resource department records, employment 

files, and other documents involving any Defendant(s), including but not limited 

to any disciplinary notices, reprimands, incident reports, and electronic recordings 

of collection communications that were the subject of private or other complaints 

by any person. 

11. Although Defendant had ample time in which to gather the requested documents, 

Defendant's 30(b)(6) representative appeared at the deposition without the documents, 

without moving for a protective order or moving to quash, and thereby interfered with 

the effective cross examination of the 30(b)(6) witness held on December 21 & 22, 

2009. 

12. On December 21 & 22, 2009, the Defendant refused Plaintiff's verbal request to produce 

the training materials and the co-defendant's personnel file at the 30(b)(6) deposition. 

13. The parties and counsel conducted a Rule 7.1 and 37.1 conference on those same dates 

but were unable to resolve this discovery dispute. 

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14. Plaintiff needs the documents requested in her 30(b)(6) Duces Tecum notice as well as 

written and productive responses to Plaintiff’s Discovery Requests and Requests to 

Produce immediately in order to continue the 30(b)(6) deposition and properly and 

fairly litigate this case. 

15. These requested materials and information are discoverable and also highly relevant to 

the claims and defenses in this case. 

16. These requested materials and information are not unduly burdensome or expensive for 

Defendant to produce and will be impossible for Plaintiff to obtain otherwise. 

17. Plaintiff intends to subpoena the Defendant's telephone records directly from its third 

party carriers but is unable to do so without the requested information. 

18. The Defendants’ failure to provide these materials is highly prejudicial. 

19. The intervention and authority of this Court is necessary at this time to compel 

Defendants to respond to Plaintiff's Discovery and to produce the requested documents. 

20. Plaintiff also requests the court to deem Plaintiff's Requests for Admissions as admitted 

pursuant to FRCP 36. 

21. Pursuant to Local Rule 7.1, counsel for Plaintiff spoke with defense counsel seeking 

concurrence in the relief requested in this Motion and concurrence was denied. 

WHEREFORE, Pursuant to Fed.R.Civ.P. 37(a) and 36, Plaintiff hereby respectfully moves 

the Court for an Order: 

1. Compelling Defendants to provide responses to Plaintiff’s Discovery Requests; 

2. Ordering that Plaintiff’s Requests for Admissions are now deemed admitted; 

3. Compelling the Defendant to provide the following documents requested in its Notice 

of 30(b)(6) deposition notice Duces Tecum: 

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a) Any and all documents summarizing, describing, instructing, detailing, or otherwise 

training any and all of Defendant’s employees in any and all of the following areas: 

1. Defendant’s collection policies; 

2. Defendant’s collection procedures; 

3. Defendant’s collection methods; 

4. Defendant’s collection techniques; 

5. Defendant’s collection tactics; 

6. Defendant’s collection rules; 

7. Defendant’s collection regulations; and 

8. Defendant’s compliance with local, state, or federal laws, codes, or 

regulations. 

b) Any and all training, personnel, or other instruction manuals used by the 

collection personnel who are employed by or supervised by Defendant(s); 

c) Any and all collection software manuals and/or instruction guides for each and 

every computer system, software package, software system, or other electronic or 

non-electronic device used in any manner by Defendant(s) in the collection process; 

and 

d) Any and all personnel files, human resource department records, employment 

files, and other documents involving any Defendant(s), including but not limited 

to any disciplinary notices, reprimands, incident reports, and electronic recordings 

of collection communications that were the subject of private or other complaints 

by any person. 

e) Identify the business name, address, and telephone number of all persons, 

companies, corporations, or other entities who provided local or long distance 

telephone services of any kind to Defendant's business, as well as identifying the 

telephone numbers and account numbers for each such local and long distance 

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service provider, for a period of two (2) years before the date of this request to the 

present. 

f) Ordering that Defendant pay all fees and costs incurred by Plaintiff in bringing this 

motion. 

 Respectfully submitted, 

Dated: December 31, 2009 ___/s/ Rex C. Anderson_____

 Rex C. Anderson 

 Attorney for Plaintiff 

 9459 Lapeer Rd., Suite 101 

 Davison, MI 48423 

 (810) 653-3300 

 (866) 813-4195 

 rex@rexandersonpc.com 

CERTIFICATE OF SERVICE 

 I hereby certify that on December 31, 2009, I filed the above Motion to Compel Discovery 

Responses from Defendant with the clerk of the Court using the Court's ECF filing system, which 

will send notice of said filing to the attorneys of record at: 

gene@gktrustee.com

Dated: December 31, 2009 ___/s/ Rex C. Anderson

 Rex C. Anderson 

 9459 Lapeer Rd., Suite 101 

 Davison, MI 48423 

 (810) 653-3300 

 (866) 813-4195 

 rex@rexandersonpc.com 

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