Opinion
Case No.: CV-99-0412-P-S.
June 5, 2000.
REQUESTS FOR ADMISSIONS
COMES NOW, the Plaintiffs, MELISSA BLACK and CHARLES BLACK, and requests, pursuant to Rule 36, F.R.C.P., Defendants AEGIS CONSUMER FUNDING GROUP, INC., AEGIS CONSUMER FINANCE, INC., AEGIS AUTO FINANCE, INC., and AEGIS ACCEPTANCE CORP. (hereinafter collectively referred to as "AEGIS") within thirty (30) days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial of this matter:
That each of the following statements is true:
1) Plaintiff Melissa Black's financing for the November 19, 1996 purchase of her 1996 Hyundai Accent, VIN: KMHVF14NOTU224412, from Grady Buick Co., Inc. was provided by AEGIS.
2) AEGIS was assigned the note on the 1996 Hyundai Accent purchased by Plaintiff Melissa Black.
3) AEGIS currently holds the note on the 1996 Hyundai Accent purchased by Plaintiff Melissa Black.
4) AEGIS currently holds the title to the 1996 Hyundai Accent purchased by Plaintiff Melissa Black.
5) Rocky Ford was an employee of AEGIS in 1997.
6) Plaintiff Melissa Black's collection file was assigned to Rocky Ford by AEGIS.
7) Rocky Ford placed several telephone calls to Plaintiff Melissa Black's home.
8) Rocky Ford placed a telephone call to Plaintiff Melissa Black's place of employment.
9) Rocky Ford placed more than one telephone call to Plaintiff Melissa Black's place of employment.
10)Rock Ford placed fifteen (15) or more telephone calls to Plaintiff Melissa Black's home.
11) Rocky Ford spoke to Plaintiff Melissa Black's husband Plaintiff Charles Black.
12) Rocky Ford spoke to Plaintiff Melissa Black's child on the telephone.
13) Rocky Ford spoke to Plaintiff Melissa Black's baby sitter on the telephone.
14) Rocky Ford used profanity in one or more telephone conversations with Plaintiff Melissa Black.
15) Rocky Ford used profanity in a telephone conversation with Plaintiff Melissa Black's child.
16)In his telephone calls to Plaintiff Melissa Black, Rocky Ford inquired into details of her personal life.
17)Rocky Ford discussed the debt owed by Plaintiff Melissa Black with persons other than Plaintiff Melissa Black and/or other employees of AEGIS.
18) Rocky Ford discussed the debt owed by Plaintiff Melissa Black with her employer.
19) Plaintiff Melissa Black on at least one occasion instructed Rocky Ford to not call her employer.
20) Rocky Ford discussed the debt owed by Plaintiff Melissa Black with her child.
21)Rocky Ford placed telephone calls to Plaintiff Melissa Black's home late at night.
22) Rocky Ford placed telephone calls to Plaintiff Melissa Black's home early in the morning.
23) Plaintiff Melissa Black placed one or more telephone calls to AEGIS.
24) The individual identifying himself as Rocky Ford and an employee of AEGIS is not known by AEGIS to go by any another name.
25) No other person employed by AEGIS, other than Rocky Ford, placed a telephone call to Plaintiff Melissa Black.
26)In his attempts to collect the debt owed by Plaintiff Melissa Black, Rocky Ford was acting as an agent of AEGIS.
27) In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's conduct was known to AEGIS.
28) In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's use of profanity was known to AEGIS.
29)In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's telephone call(s) to her employer were known to AEGIS.
30)In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's telephone call(s) to her child were known to AEGIS.
31) In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's telephone call(s) to her husband were known to AEGIS.
32)In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's telephone call(s) to her child's babysitter were known to AEGIS.
33)In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's telephone call(s) to her late at night were known to AEGIS.
34) In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's telephone call(s) to her early in the morning were known to AEGIS.
35)In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's conduct was authorized by AEGIS.
36) In his attempts to collect the debt owed by Plaintiff Melissa Black, all of Rocky Ford's conduct was ratified or approved by AEGIS.
37) In his attempts to collect the debt owed by Plaintiff Melissa Black, Rocky Ford's conduct was not monitored by AEGIS.
38) The Plaintiff requested AEGIS to repossess the 1996 Hyundai Accent which is the subject of this suit.
39) Systems Services Technologies (SST) never employed Rocky Ford.
40) SST has never owned or held the note which is the subject of this suit.
For purposes of responding to the above requests for admission, the matter is admitted unless, within 30 days after service of the request, AEGIS serves upon the Plaintiffs a written answer or objection addressed to the matter, signed by AEGIS or its attorney. If objection is made to any of the above requests for admissions, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why AEGIS cannot truthfully admit or deny the matter. AEGIS may not give lack of information or knowledge as a reason for failure to admit or deny unless AEGIS states that it has made reasonable inquiry and that the information known or readily obtainable by AEGIS is insufficient to enable AEGIS to admit or deny.