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)

Download PDF

Case 2:06-cv-00072-DF-CMC Document 585 Filed 03/05/2007 Page 1 of 6 Exhibit A Dockets.Justia.co Case 2:06-cv-00072-DF-CMC Document 585 Filed 03/05/2007 Page 2 of 6 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. DALOl :937372.3 Case 2:06-cv-00072-DF-CMC Document 585 Filed 03/05/2007 Page 3 of 6 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. DALOI:937372.3 Case 2:06-cv-00072-DF-CMC Document 585 Filed 03/05/2007 Page 4 of 6 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. DALO 1 :937372.3 Case 2:06-cv-00072-DF-CMC Document 585 Filed 03/05/2007 Page 5 of 6 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. DALOI:937372.3 Case 2:06-cv-00072-DF-CMC Document 585 Filed 03/05/2007 Page 6 of 6 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 DALO I :937372.3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?