Datatreasury Corporation v. Wells Fargo & Company et al
Filing
585
RESPONSE to Motion re #522 MOTION to Compel Certain Documents Relating to Defendant First Citizens Bancshares, Inc.'s Jurisdictional Challenge filed by First Citizens Bancshares, Inc., First Citizens Bank & Trust Company. (Attachments: #1 Exhibit Exhibit A BancShares' Objections and Responses to Requests for Admissions#2 Exhibit Exhibit B BancShares' Objections and Responses to Interrogatories#3 Exhibit Exhibit C Cover letters showing the bates ranges of the production#4 Exhibit Exhibit D Excerpts to John Gray's deposition#5 Text of Proposed Order Proposed Order)(Carlson, Larry)
Case 2:06-cv-00072-DF-CMC
Document 585
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Exhibit A
Dockets.Justia.co
Case 2:06-cv-00072-DF-CMC
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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
DATATREASURY CORPORATION
Plaintiff
Civil Action No. : 2:06-CV-
WELLS FARGO & COMPANY , et aI
Defendants
FIRST CITIZENS BANCSHARES, INC. S OBJECTIONS AND RESPONSES TO PLAINTIFF DATA TREASURY CORPORATION' S FIRST SET OF REQUESTS FOR ADMISSION REGARDING JURISDICTIONAL DISCOVERY
Defendant First Citizens BancShares , Inc. ("BancShares
and objections to Plaintiff Datatreasur
Corporation s Firt Set of
) fies the following responses
Requests for Admissions.
REQUEST FOR ADMISSION NO.
Admit that one of First Citizens Bancshares , Inc.
baning subsidiares is First Citizens Bank and Trust Company.
ANSWER:
Admit.
REQUEST FOR ADMISSION NO.
Admit that First Citizens Bancshares , Inc. operates
First Citizens Ban and Trust Company.
ANSWER:
BancShares objects to this request as vague and ambiguous with respect to the
term "operates.
BancShares also objects to this request to the extent that it calls for a
denied.
legal
conclusion. Subject to and without waiver ofthese objections ,
REQUEST FOR ADMISSION NO.
Admit that First Citizens Bancshares , Inc. controls
First Citizens Ban and Trust Company.
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ANSWER:
BancShares objects to this request as vague and ambiguous with respect to the
term "controls.
BancShares also objects to this request to the extent that it cal1s for a legal
conclusion. Subject to and without waiver of these objections, denied.
REQUEST FOR ADMISSION NO.
Admit that First Citizens
Bancshares, Inc. directs
the operations of First Citizens Ban and Trust Company.
ANSWER:
BancShares objects to this request as vague and ambiguous with respect to the
and "operations." BancShares
terms "directs"
also objects to this request to the extent that it
calls for a legal conclusion. Subject to and without waiver ofthese objections, denied.
REQUEST FOR ADMISSION NO.
Admit that First Citizens Ban and Trust Company
boundaries of the Eastern
performs electronic banking transactions within the geographical
District of Texas.
ANSWER:
Denied.
REQUEST FOR ADMISSION NO.
financial services to clients.
Admit that First Citizens Bancshares, Inc. provides
ANSWER:
BancShares objects to this request as vague and ambiguous with respect to the
services" and "clients.
terms "financial
denied.
Subject to and without wavier of these objections
REQUEST FOR ADMISSION NO.
Admit that First Citizens Bancshares, Inc. operates
branch offces in the state of Texas.
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ANSWER:
BancShares objects to this request as vague and ambiguous with respect to the
term "operates.
BancShares also objects to this request to the extent that it calls for
a legal
conclusion. Subject to and without waiver of these objections , denied.
REQUEST FOR ADMISSION NO.
Admit that First Citizens Bancshares, Inc. has an
interest in real estate located within the State of Texas.
ANSWER:
Denied.
REQUEST FOR ADMISSION NO.
Admit that in the last
three years First Citizens
Bancshares , Inc. has reported revenue that is generated from business conducted in Texas.
ANSWER:
BancShares objects to this request as vague and ambiguous with respect to the
revenue"
and "generated
phrases "reported
from business conducted in Texas. " As a result
BancShares is unable to admit or deny this request as phrased. Subject to and without waiver of
these objections, BancShares admits that filings including information consolidated from its
separate subsidiaries may report revenue of those subsidiaries from business in Texas.
REQUEST FOR ADMISSION NO. 10:
Admit that within the last three years , First Citizens
Bancshares, Inc. has provided operational support to First Citizens Ban and Tru Company.
ANSWER:
Denied.
REQUEST FOR ADMISSION NO. 11:
Admit that within the last three years , First Citizens
Bancshares , Inc. has provided financial support to First Citizens Ban and Trust Company.
ANSWER:
Denied.
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REQUEST FOR ADMISSION NO. 12:
Admit that First Citizens Bank and Trust Company
is subject to personal jurisdiction within the Eastern District of Texas in the above-styled cause.
ANSWER:
BancShares objects to this request as seeking a legal conclusion. Subject to and
without waiver of this objection, denied.
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Dated: January 22 , 2007.
Respectfly submitted
Lar D. Carlson Isl Larry D. Carlson, Attorney-in-Charge Texas State BarNo. 03814500 Mail: lar. carlson bakerbotts. com Fernando Rodriguez, Jr. Texas State Bar No. 24005048 Mail: fernando.rodrguez bakerbotts. com David O. Taylor Texas State BarNo. 24042010 Mail: david.taylor bakerbotts. com BAKER BOTTS L.L.P. 2001 Ross Avenue, Suite 600 Dallas , Texas 75201
Telephone: (214) 953-6500
Facsimile: (214) 953-6503
Donalt J. Eglinton Mail: dje wardandsmith. com WARD AND SMITH, P. Post Offce Box 867 New Bern, Nort Carolina 28563
Telephone: (252) 672-5456 Facsimile: (252) 672- 5477
ATTORNEYS FOR DEFENDANTS FIRSTCITIZENS BANK & TRUST COMPANY AND FIRST CITIZENS BANCSHARES, INC.
CERTIFICATE OF SERVICE
I certify that on Januar 22, 2007, all counsel who are deemed to have consented to electronic service are being served with a copy of this document via electronic transmission.
Larr D. Carlson
Isl
Lar D. Carlson
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