Appendix C Discovery
| Jurisdiction | United States |
Appendix C: Discovery
IN RE:
[REDACTED]
[REDACTED]
Debtors
__________
[REDACTED]
[REDACTED]
Plaintiffs
vs.
CFS SUNTECH SERVICING LLC CHASE EDUCATION FINANCE CHASE STUDENT LOAN SERVICING, LLC GREAT LAKES EDUCATIONAL LOAN SERVICES, INC. kemba FINANCIAL CREDIT UNION, INC. KEY EDUCATION RESOURCES, Defendants.
__________
Case No. [REDACTED]
Chapter 7
Judge [REDACTED]
Adv. Pro. [REDACTED]
Plaintiffs [REDACTED] (the "Debtors") make the following initial disclosures pursuant to Rule 7026(a)(1) and (2) of the Federal Rules of Bankruptcy Procedure.
a. Identity of Individuals with Relevant Information
The Debtors believe that the following individuals are likely to have discoverable information relevant to this adversary proceeding:
1. [REDACTED] Debtor; [REDACTED] Columbus, Ohio [REDACTED] Telephone Number: [REDACTED]
2.[REDACTED] [REDACTED] [REDACTED] Columbus, Ohio [REDACTED] Telephone Number [REDACTED]
B. Documents, Electronically Stored Information, and Tangible Things
Copies of all documents, electronically stored information, and tangible things in the Debtors' possession that may support their claims or defenses at this time have been provided in response to the discovery requests. The Debtors reserve the right to supplement the discovery if additional documents, electronically stored information, or tangible things become supportive of their claims or defenses. In addition, the Debtors reserve the right to supplement, until the discovery deadline, bank statements, tax returns, pay advices, medical records, and any other documents that are relevant in this adversary proceeding to establish the Debtors' inability to repay the student loans.
C. Damages
The Debtors seek to discharge in bankruptcy the student loans held by the named Defendants.
D). Insurance Agreements
No insurance agreements are applicable to this adversary proceeding.
E. Disclosure of Expert Testimony
At this time, the Debtors do not anticipate calling an expert witness.
Respectfully submitted,
[REDACTED] [REDACTED] [REDACTED]
/s/[REDACTED]
[REDACTED] [REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
Attorneys for [REDACTED] [REDACTED] [REDACTED]
IN RE: [REDACTED] Debtor
__________ [REDACTED] Plaintiffs
vs.
CFS SUNTECH SERVICING LLC CHASE EDUCATION FINANCE CHASE STUDENT LOAN SERVICING, LLC GREAT LAKES EDUCATIONAL LOAN SERVICES, INC. KEMBA FINANCIAL CREDIT UNION, INC. KEY EDUCATION RESOURCES Defendants. __________
Case No. [REDACTED]
Chapter 7
Judge [REDACTED]
Adv. Pto.[REDACTED]
Now comes Defendant Educational Credit Management Corporation (ECMC) and hereby makes its initial disclosures pursuant to Rule 7026(a)(1) and (2).
A. Identification of Individuals with Discoverable Information:
[REDACTED]-ECMC Attorney
[REDACTED]- ECMC Specialist
[REDACTED]-ECMC Legal Assistant
These individuals are employees of ECMC. who have custody and control over all documents prepared and maintained in connection with Plaintiffs' student loans held by ECMC.
B. Category and Location, of Documents
Documents are located at ECMC's headquarters at [REDACTED] MN 55128. The documents include archived copies of all applicable loan documents signed by Plaintiffs, account activity history, payment history, and status histories.
C. Claim for Damages
ECMC has no claim for damages in this adversary proceeding. Rather, ECMC is opposing the adversary complaint in which Plaintiffs are seeking a discharge of their student loan obligations.
D. Insurance Agreements
Not applicable.
E. Disclosure of Expert Testimony
ECMC currently does not: anticipate calling any expert witnesses, however, reserved the right to do so in the event Plaintiffs call art expert witness. ECMC will make its expert disclosures within the time permitted by the current scheduling order, as amended.
Respectfully submitted.
/s/[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
[REDACTED]
Counsel for Educational. Credit.
Management. Corporation
[REDACTED] Plaintiff,
v.
UNITED STATES OF AMERICA. Defendants.
Case No [REDACTED] CHAPTER 7 Adv. [REDACTED]
The Federal Defendant, United States of America, U.S. Department of Education (Education), after first quoting the Plaintiff's interrogatories, provides the following response to Plaintiff's Interrogatories:
Defendant objects to each request to the extent it seeks information subject to the attorney-client work production doctrine or a deliberative process privilege.
Defendant will respond to all non-privileged requests and reserves the right to supplement its responses in accordance with the Federal Rules of Civil Procedure.
Without waiving any of the forgoing General Objections, Defendant responds to Plaintiff's Interrogatories as follows, incorporating by reference each and every one of the foregoing General Objections in each specific response below:
Interrogatory Number 1: State the name(s) and address(es) of for each school, agency, governmental unit, bank, lending institution and/or other entity, the date(s) and amount(s) of each and every payment which the Dept of Education made that are in any way related to my student loans.
RESPONSE
1. University of Michigan, 503 Thompson Street, Ann Arbor, ML 48109; Department of Education (DOE) paid School $2,389.24 on 5/27/97.
2. University of Michigan, 503 Thompson Street, Arm Arbor, MI 8109; DOE paid School $7,042.95 on 5/27/97.
3. Michigan Higher Education Assistance Authority, PO Box 30047, Lansing, ML 48909; DOE paid Guarantor $1,475.27 on 10/12/90.
4. Michigan Higher Education Assistance Authority, PO Box 30047, Lansing, MI. 48909; DOE paid Guarantor $2,779.51 on 10/12/90.
Interrogatory Number 2: Provide the last known home address, home phone number, date of birth, social security number and subsequent employer/agency for Dept. of Education employee, [REDACTED] Hearing Official at Borrower Services, if she is no longer employed by the Dept. of Education, or provide her current work address, job title, and job description.
RESPONSE The information sought is not admissible evidence with respect to any claim or defense in this matter, and is not reasonably calculated to lead to the discovery of admissible evidence, and is, therefore, not within the scope of discovery under Fed.R.Civ.P. 26(b)(1). To the extent an answer is required,[REDACTED] is employed by the Department of Education, at its offices at [REDACTED] Chicago, Illinois [REDACTED].
Interrogatory Number 3: Provide the job description, and all duties performed by [REDACTED] Hearing Official at Borrower Services, in 2007-2008 when she commenced and undertook the hardship determination process for my loan account(s), and state all changes to that job description. Also, provide all knowledge, skills and abilities, as well as the GSA "grade" for [REDACTED] "Hearing Official at Borrower Services" position.
RESPONSE The information sought is not admissible evidence with respect to any claim or defense in this matter, and is not reasonably calculated to lead to the discovery of admissible evidence, and is, therefore, not within the scope of discovery under Fed.R.Civ.P. 26(b)(1). To the extent an answer is required, [REDACTED] is a Department of Education loan analyst. A loan analyst monitors activities, conducts audits of work processes and tracks performance metrics related to Administrative Wage Garnishment and Treasury Offset Program activities; ensures the gathering of all pertinent documentation in order to make sound judgment and render a decision based on all documents, exhibits, and testimony; conducts in-person, oral and written hearings concerning existence, amount, or enforceability of the debt or the rate of wage withholding prior to involuntary Administrative Wage Garnishment and certification of debts to Treasury and/or national credit reporting agency; establishes processes and procedures in all Call Centers that are consistent in their responses and are written using plain language and within guidelines established in the government style manual; monitors private collection agencies use of Administrative Wage Garnishment; ensures proper and effective use of garnishment option; provides consultative assistance, to employers required by law to comply with ED garnishment orders; develops and implements systems and procedures, for accurate and timely referral of cases of employer non-compliance to the Department of Justice (DOJ) for litigation; coordinates with the DOJ to collect debts through litigation, including adversary actions filed in bankruptcies, initiates litigation (generates Claims Collection Litigation Report and files it with the DOJ) and manages the Department of Education's response to Bankruptcy petitions filed by borrowers seeking protection and relief from their debts under federal bankruptcy law; responsible for administering the Department of Educations'; multiple servicing contracts with both private and public sector vendors engaged in the collection and resolution of defaulted student accounts; manages loan assignment processes for defaulted loans and Conditional Disability Discharged Loans; oversees the discharge of borrower loan/grant balances when entitled; evaluates requests for discharge of loans and associated refunds.
Interrogatory Number 4: Identify all criteria, guidelines, and bases used at the Dept. of Education in 2007-2008 that were used by Hearing Officials in reviewing, assessing, and determining whether to grant a hardship determination.
RESPONSE The information sought is not admissible evidence with respect to any claim or defense...
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