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Cause No. 20-DCV-278179
AMERICAN EXPRESS NATIONAL IN THE DISTRICT
BANK,
Plaintiff
COURT OF
JAMES EPHRAIM, FORT BEND COUNTY, TEXAS
Defendant.
PLAINTIFF’S RESPONSE TO DEFENDANT’S REQUESTS FOR PRODUCTION
TO: AMES EPHRAIM, Defendant, by and through Defendant’s attorney of record,
KELVINA WILEY, 4265 SAN FELIPE ST., SUITE 1100, HOUSTON, TX 77027.
AMERICAN EXPRESS NATIONAL BANK, Plaintiff responds as follows to the Requests of
Defendant for Production o ocuments. Unless otherwise noted, Plaintiff objects to any
equest where the language does not properly limit the scope or breadth of a Request to the
extent such a Request imposes an undue burden on Plaintiff. This objection includes ambiguous
terminology that renders any part of the below Requests unclear and otherwise overbroad.
NOTE REGARDING SUPPLEMENTAL PRODUCTION: To the extent that Plaintiff locates
responsive documents, if any, after its initial production of documents, Plaintiff will supplement
its response to these Requests. An endeavor to produce all responsive documents within
Plaintiff’s possession, custody, or control does not constitute an admission that such documents
exist.
REQUEST FOR PRODUCTION NUMBER 1: Please produce all communications between
you, your attorneys, or one of your Assignors and the defendant regarding the account.
RESPONSE: Plaintiff objects to this Request to the extent it calls for the production of
documents protected by the attorney client privilege. Further objecting, this Request is overly
broad in its request for “all communications” specifically as is not limited in time or scope and
could include “communications” which have no, or only tangential, relation to the issues pled.
Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject to and without waiving
the foregoing objections, Plaintiff will produce all non-privileged account records within its
possession, custody, or control once these documents are located. An endeavor to locate any and
all documents within Plaintiff’s possession, custody and/or control does not constitute an
admission that such documents exist.
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION
QUEST FOR PRODUCTION NUMBER 2: Please produce all notes of communications
between you, your attorneys, or one of your Assignors and the defendant regarding the account.
ESPONSE: Plaintiff objects to this Request to the extent it calls for the production of
documents protected by the attorney client privilege. Further objecting, this Request is overly
broad in its request for “all notes of communications” specifically as is not limited in time or
scope and could include “communications” which have no, or only tangential, relation to the
issues pled. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject to and
without waiving the foregoing objections, Plaintiff will produce all non privileged records within
its possession, custody, or control once these documents are located. An endeavor to locate any
and all documents within Plaintiff’s possession, custody and/or control does not constitute an
admission that such documents exist.
QUEST FOR PRODUCTION NUMBER 3: Please produce all recordings of
communications between you, your attorneys, or one of your Assignors and the defendant
regarding the account.
NSE: Plaintiff objects to this Request as irrelevant to the subject matter of this lawsuit
and not reasonably calculated to lead to the discovery of admissible evidence. Tex.R.Civ.P.
192.3(a). Plaintiff further objects to this Request as overly broad as the request for “all
recordings” is not limited in time or scope and could include “recordings” which have no, or
only tangenti , relation to the issues pled Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815
(Tex. 1995).
QUEST FOR PRODUCTION NUMBER 4: If you contend the defendant is liable to you
on an open account, sworn account, account stated, or quantum merit [sictheory, please produce
all documents, such as orders, invoices, receipts, or statements, evidencing each transaction in
which you or one of your Assignors provided Goods or Services to the defendant.
ESPONSE: Plaintiff does not make this contention.
QUEST FOR PRODUCTION NUMBER 5: If you contend the defendant acknowledged
any amount alleged to be due on the account, please produce all documents evidencing that
acknowledgment or setting forth the date of the acknowledgement or the amount acknowledged.
ESPONSE: Plaintiff objects to this Request as overly broad. Texaco, Inc. v. Sanderson, 898
S.W.2d 813, 815 (Tex. 1995). Subject to and without waiving the foregoing objection please
see attached account records which evidence Defendant’s continued usage of the credit card and
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION
payments remitted by the Defendant to the subject accountPlaintiff agrees to supplement this
response should additional, responsive, account records become available. An endeavor to locate
any and all documents within Plaintiff’s possession, custody and/or control does not constitute an
admission that such documents exist.
QUEST FOR PRODUCTION NUMBER 6: Please produce the account application.
ESPONSE: Plaintiff objects to this Request as immaterial irrelevant and not reasonably
calculated to lead to the discovery of admissible evidence related to Defendant’s liability for the
debt that is the basis of this action. Tex.R.Civ.P. 192.3(a). In addition, Plaintiff objects to this
Request to the extent it seeks documents within the possession, custody and/or control of the
Defendant or to which the Defendant has equal access. Plaintiff further objects to this Request
as it seeks outdated documents which the Plaintiff is not obligated, by law, to retain or maintain
in perpetuity. Subject to and without waiving the foregoing objections, discovery is ongoing.
Plaintiff will supplement this responses should a record of the account application become
available. An endeavor to locate any and all documents within Plaintiff’s possession, custody
and/or control does not constitute an admission that such documents exist.
QUEST FOR PRODUCTION NUMBER 7: Please produce the initial account agreement.
ESPONSE: Plaintiff objects to this Request as immaterial irrelevant and not reasonably
calculated to lead to the discovery of admissible evidence related to Defendant’s liability for the
debt that is the basis of this action. Tex.R.Civ.P. 192.3(a). Subject to and without waiving the
foregoing objection , Plaintiff acknowledges that the initial account agreement may not be
available. Plaintiff agrees to supplement this response should a record of the initial account
agreement become available. An endeavor to locate any and all documents within Plaintiff’s
possession, custody and/or control does not constitute an admission that such documents exist.
QUEST FOR PRODUCTION NUMBER 8: For each agreement, amendment to an
agreement, or notice of change to the terms of the account you contend was offered to and
accepted by the defendant, please produce every document that evidences such offer or
acceptance.
ESPONSE: aintiff objects to this Request because it fails to specify a relevant time period for
which the requested items must be produced and is therefore overbroad and not reasonably
limited in time or scope. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject
to and without waiving the foregoing objections, Plaintiff agrees to supplement this response
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION
should additional, responsive, non-privileged documents become available. An endeavor to
locate any and all documents within Plaintiff’s possession, custody and/or control does not
constitute an admission that such documents exist.
QUEST FOR PRODUCTION NUMBER 9: Please produce a complete copy of the
agreements that constitute the chain of title for the account starting with the agreement between
the originator of the account and its assignee and including each agreement between an assignee
of the account and another assignee of the account and/or you. This is a request for the entire
agreement, not just a bill of sale or exhibit to an agreement, and includes master agreements
whose terms relate in any way to or are incorporated by an agreement or bill of sale transferring
rights to the account. In order to protect the privacy of other debtors whose accounts may be
included in such agreements, you may redact or otherwise omit information identifying any
debtor other than the defendant.
ESPONSE: Plaintiff objects to this Request as overly broad and not reasonably calculated to
lead to the discovery of admissible evidence. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815
(Tex. 1995). Subject to and without waiver of the foregoing objection , Plaintiff is the original
and continual creditor of the subject account.
QUEST FOR PRODUCTION NUMBER 10: For each interest rate you contend was
applicable to this account, please produce every document containing information from which it
may be determined whether the interest rate applied to the account.
ESPONSE: Plaintiff objects to this Request because it fails to specify a relevant time period for
which the requested items/information must be produd and is therefore overbroad and not
reasonably limited in time or scope. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex.
1995). Subject to and without waiving the foregoing objections, please see attached account
documents. Plaintiff agrees to supplement this response should additional, responsive, non-
privileged documents become available. An endeavor to locate any and all documents within
Plaintiff’s possession, custody and/or control does not constitute an admission that such
documents exist.
QUEST FOR PRODUCTION NUMBER 11: Please produce every statement of payments,
charges, fees or interest for the account that was delivered to the Defendant
ESPONSE: Plaintiff objects to this equest because it fails to specify a relevant time period
for which the requested items/information must be produced and is therefore overbroad and not
reasonably limited in time or scope. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex.
1995). Subject to and without waiving the foregoing objection, please see attached account
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION
documents. Plaintiff agrees to supplement this response should additional, responsive, non-
privileged account documents become available. An endeavor to locate any and all documents
within Plaintiff’s possession, custody and/or control does not constitute an admission that such
documents exist.
QUEST FOR PRODUCTION NUMBER 12: Please produce all documents evidencing the
date the defendant last went into default on the account.
ESPONSE: Plaintiff objects to this Request as the information requested is equally available to
Defendant. Subject to and without waiving the foregoing objection, please see the attached
account records.
QUEST FOR PRODUCTION NUMBER 13: Please produce all documents evidencing the
date the defendant lastmade a charge or a payment on the account.
ESPONSE: Plaintiff objects to this Request as the information requested is equally available to
Defendant. Subject to and without waiving the foregoing objection, please see the attached
account records.
UEST FOR PRODUCTION NUMBER 14: Please produce all demands for payment of
the account made by you, your attorneys or one of your Assignors.
ESPONSE: Plaintiff objects to this Request because it fails to specify a relevant time period for
which the requested items/information must be produced and is therefore overbroad and not
reasonably limited in time or scope. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex.
1995). Plaintiff further objects to this Request to the extent is presumes that the subject account
has been assigned, an allegation denied by the Plaintiff. Plaintiff is the original and continual
creditor of the subject account. Subject to and without waiving the foregoing objections, please
see the attached account documentsPlaintiff agr ees to supplement this response should
additional, responsive, non-privileged account documents become available. An endeavor to
locate any and all documents within Plaintiff’s possession, custody and/or control does not
constitute an admission that such documents exist.
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION
Respectfully submitted,
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
Attorneys for Plaintiff
1409 Southwest Freeway, Suite 408
Sugar Land, Texas 77478
ZATE_Litigation@zwickerpc.com
State ar Number
JOHNETT LANG
State ar Number
CHOLAS ELINI
State ar Number
CERTIFICATE OF SERVICE
to Defendant's Requests
KELVINA WILEY
4265 SAN ELIPE T.
SUITE
HOUSTON,
KWILEY@WILEYLEGALTX.COM
State ar Number
JOHNETTA LANG
State ar Number
CHOLAS ELINI
State ar Number
AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION
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Cause No. 20-DCV-278179 AMERICAN EXPRESS NATIONAL IN THE DISTRICT BANK, Plaintiff COURT OF JAMES EPHRAIM, FORT BEND COUNTY, TEXAS Defendant. PLAINTIFF’S RESPONSE TO DEFENDANT’S REQUESTS FOR PRODUCTION TO: AMES EPHRAIM, Defendant, by and through Defendant’s attorney of record, KELVINA WILEY, 4265 SAN FELIPE ST., SUITE 1100, HOUSTON, TX 77027. AMERICAN EXPRESS NATIONAL BANK, Plaintiff responds as follows to the Requests of Defendant for Production o ocuments. Unless otherwise noted, Plaintiff objects to any equest where the language does not properly limit the scope or breadth of a Request to the extent such a Request imposes an undue burden on Plaintiff. This objection includes ambiguous terminology that renders any part of the below Requests unclear and otherwise overbroad. NOTE REGARDING SUPPLEMENTAL PRODUCTION: To the extent that Plaintiff locates responsive documents, if any, after its initial production of documents, Plaintiff will supplement its response to these Requests. An endeavor to produce all responsive documents within Plaintiff’s possession, custody, or control does not constitute an admission that such documents exist. REQUEST FOR PRODUCTION NUMBER 1: Please produce all communications between you, your attorneys, or one of your Assignors and the defendant regarding the account. RESPONSE: Plaintiff objects to this Request to the extent it calls for the production of documents protected by the attorney client privilege. Further objecting, this Request is overly broad in its request for “all communications” specifically as is not limited in time or scope and could include “communications” which have no, or only tangential, relation to the issues pled. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject to and without waiving the foregoing objections, Plaintiff will produce all non-privileged account records within its possession, custody, or control once these documents are located. An endeavor to locate any and all documents within Plaintiff’s possession, custody and/or control does not constitute an admission that such documents exist. AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION QUEST FOR PRODUCTION NUMBER 2: Please produce all notes of communications between you, your attorneys, or one of your Assignors and the defendant regarding the account. ESPONSE: Plaintiff objects to this Request to the extent it calls for the production of documents protected by the attorney client privilege. Further objecting, this Request is overly broad in its request for “all notes of communications” specifically as is not limited in time or scope and could include “communications” which have no, or only tangential, relation to the issues pled. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject to and without waiving the foregoing objections, Plaintiff will produce all non privileged records within its possession, custody, or control once these documents are located. An endeavor to locate any and all documents within Plaintiff’s possession, custody and/or control does not constitute an admission that such documents exist. QUEST FOR PRODUCTION NUMBER 3: Please produce all recordings of communications between you, your attorneys, or one of your Assignors and the defendant regarding the account. NSE: Plaintiff objects to this Request as irrelevant to the subject matter of this lawsuit and not reasonably calculated to lead to the discovery of admissible evidence. Tex.R.Civ.P. 192.3(a). Plaintiff further objects to this Request as overly broad as the request for “all recordings” is not limited in time or scope and could include “recordings” which have no, or only tangenti , relation to the issues pled Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). QUEST FOR PRODUCTION NUMBER 4: If you contend the defendant is liable to you on an open account, sworn account, account stated, or quantum merit [sictheory, please produce all documents, such as orders, invoices, receipts, or statements, evidencing each transaction in which you or one of your Assignors provided Goods or Services to the defendant. ESPONSE: Plaintiff does not make this contention. QUEST FOR PRODUCTION NUMBER 5: If you contend the defendant acknowledged any amount alleged to be due on the account, please produce all documents evidencing that acknowledgment or setting forth the date of the acknowledgement or the amount acknowledged. ESPONSE: Plaintiff objects to this Request as overly broad. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject to and without waiving the foregoing objection please see attached account records which evidence Defendant’s continued usage of the credit card and AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION payments remitted by the Defendant to the subject accountPlaintiff agrees to supplement this response should additional, responsive, account records become available. An endeavor to locate any and all documents within Plaintiff’s possession, custody and/or control does not constitute an admission that such documents exist. QUEST FOR PRODUCTION NUMBER 6: Please produce the account application. ESPONSE: Plaintiff objects to this Request as immaterial irrelevant and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant’s liability for the debt that is the basis of this action. Tex.R.Civ.P. 192.3(a). In addition, Plaintiff objects to this Request to the extent it seeks documents within the possession, custody and/or control of the Defendant or to which the Defendant has equal access. Plaintiff further objects to this Request as it seeks outdated documents which the Plaintiff is not obligated, by law, to retain or maintain in perpetuity. Subject to and without waiving the foregoing objections, discovery is ongoing. Plaintiff will supplement this responses should a record of the account application become available. An endeavor to locate any and all documents within Plaintiff’s possession, custody and/or control does not constitute an admission that such documents exist. QUEST FOR PRODUCTION NUMBER 7: Please produce the initial account agreement. ESPONSE: Plaintiff objects to this Request as immaterial irrelevant and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant’s liability for the debt that is the basis of this action. Tex.R.Civ.P. 192.3(a). Subject to and without waiving the foregoing objection , Plaintiff acknowledges that the initial account agreement may not be available. Plaintiff agrees to supplement this response should a record of the initial account agreement become available. An endeavor to locate any and all documents within Plaintiff’s possession, custody and/or control does not constitute an admission that such documents exist. QUEST FOR PRODUCTION NUMBER 8: For each agreement, amendment to an agreement, or notice of change to the terms of the account you contend was offered to and accepted by the defendant, please produce every document that evidences such offer or acceptance. ESPONSE: aintiff objects to this Request because it fails to specify a relevant time period for which the requested items must be produced and is therefore overbroad and not reasonably limited in time or scope. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject to and without waiving the foregoing objections, Plaintiff agrees to supplement this response AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION should additional, responsive, non-privileged documents become available. An endeavor to locate any and all documents within Plaintiff’s possession, custody and/or control does not constitute an admission that such documents exist. QUEST FOR PRODUCTION NUMBER 9: Please produce a complete copy of the agreements that constitute the chain of title for the account starting with the agreement between the originator of the account and its assignee and including each agreement between an assignee of the account and another assignee of the account and/or you. This is a request for the entire agreement, not just a bill of sale or exhibit to an agreement, and includes master agreements whose terms relate in any way to or are incorporated by an agreement or bill of sale transferring rights to the account. In order to protect the privacy of other debtors whose accounts may be included in such agreements, you may redact or otherwise omit information identifying any debtor other than the defendant. ESPONSE: Plaintiff objects to this Request as overly broad and not reasonably calculated to lead to the discovery of admissible evidence. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject to and without waiver of the foregoing objection , Plaintiff is the original and continual creditor of the subject account. QUEST FOR PRODUCTION NUMBER 10: For each interest rate you contend was applicable to this account, please produce every document containing information from which it may be determined whether the interest rate applied to the account. ESPONSE: Plaintiff objects to this Request because it fails to specify a relevant time period for which the requested items/information must be produd and is therefore overbroad and not reasonably limited in time or scope. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject to and without waiving the foregoing objections, please see attached account documents. Plaintiff agrees to supplement this response should additional, responsive, non- privileged documents become available. An endeavor to locate any and all documents within Plaintiff’s possession, custody and/or control does not constitute an admission that such documents exist. QUEST FOR PRODUCTION NUMBER 11: Please produce every statement of payments, charges, fees or interest for the account that was delivered to the Defendant ESPONSE: Plaintiff objects to this equest because it fails to specify a relevant time period for which the requested items/information must be produced and is therefore overbroad and not reasonably limited in time or scope. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Subject to and without waiving the foregoing objection, please see attached account AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION documents. Plaintiff agrees to supplement this response should additional, responsive, non- privileged account documents become available. An endeavor to locate any and all documents within Plaintiff’s possession, custody and/or control does not constitute an admission that such documents exist. QUEST FOR PRODUCTION NUMBER 12: Please produce all documents evidencing the date the defendant last went into default on the account. ESPONSE: Plaintiff objects to this Request as the information requested is equally available to Defendant. Subject to and without waiving the foregoing objection, please see the attached account records. QUEST FOR PRODUCTION NUMBER 13: Please produce all documents evidencing the date the defendant lastmade a charge or a payment on the account. ESPONSE: Plaintiff objects to this Request as the information requested is equally available to Defendant. Subject to and without waiving the foregoing objection, please see the attached account records. UEST FOR PRODUCTION NUMBER 14: Please produce all demands for payment of the account made by you, your attorneys or one of your Assignors. ESPONSE: Plaintiff objects to this Request because it fails to specify a relevant time period for which the requested items/information must be produced and is therefore overbroad and not reasonably limited in time or scope. Texaco, Inc. v. Sanderson, 898 S.W.2d 813, 815 (Tex. 1995). Plaintiff further objects to this Request to the extent is presumes that the subject account has been assigned, an allegation denied by the Plaintiff. Plaintiff is the original and continual creditor of the subject account. Subject to and without waiving the foregoing objections, please see the attached account documentsPlaintiff agr ees to supplement this response should additional, responsive, non-privileged account documents become available. An endeavor to locate any and all documents within Plaintiff’s possession, custody and/or control does not constitute an admission that such documents exist. AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION Respectfully submitted, ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection Attorneys for Plaintiff 1409 Southwest Freeway, Suite 408 Sugar Land, Texas 77478 ZATE_Litigation@zwickerpc.com State ar Number JOHNETT LANG State ar Number CHOLAS ELINI State ar Number CERTIFICATE OF SERVICE to Defendant's Requests KELVINA WILEY 4265 SAN ELIPE T. SUITE HOUSTON, KWILEY@WILEYLEGALTX.COM State ar Number JOHNETTA LANG State ar Number CHOLAS ELINI State ar Number AMERICAN EXPRESS NATIONAL BANK v JAMES EPHRAIM_PLAINTIFF’S RESPONSES to REQUESTS FOR PRODUCTION