Datatreasury Corporation v. Wells Fargo & Company et al

Filing 649

MOTION for Leave to File Excess Pages by Unionbancal Corporation. (Attachments: #1 Exhibit UnionBanCal's Motion for Clarification#2 Affidavit Affidavit of Gerardy Carrenard in Support of UnionBanCal's Motion for Clarification#3 Exhibit Exhibit 1 to UnionBanCal's Motion for Clarification#4 Exhibit Exhibit 2 to UnionBanCal's Motion for Clarification#5 Exhibit Exhibit 3 to UnionBanCal's Motion for Clarification#6 Exhibit Exhibit 4 to UnionBanCal's Motion for Clarification#7 Text of Proposed Order for Motion to Exceed Page Limits#8 Text of Proposed Order Proposed Order for Motion for Clarification)(Pivnick, Scott) Certificate of Conference added on 4/16/2007 (mpv, ). Modified on 4/16/2007 (mpv, ).

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 649 Att. 6

Case 2:06-cv-00072-DF-CMC

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EXHIBIT 4 to DEFENDANT UNIONBANCAL CORPORATION'S MOTION FOR CLARIFICATION OR FOR A PROTECTIVE ORDER REGARDING DISCOVERY ORDER (D.E. NO. 597) AND ENLARGEMENT OF TIME

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Dockets.Justia.com

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION § § § § § § § § § § § § § § §

DATATREASURY CORPORATION Plaintiff, vs. WELLS FARGO & COMPANY et al. Defendants.

Civil Action No. 2:06cv72

DEFENDANT UNIONBANCAL CORPORATION'S SUPPLEMENTAL OBJECTIONS AND RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES REGARDING JURISDICTIONAL DISCOVERY TO DEFENDANT UNIONBANCAL CORPORATION Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and Rule 26 of the Local Rules of the United States District Court for the Eastern District of Texas, Defendant UnionBanCal Corporation ("UBC") hereby submits this supplemental response and objections to Plaintiff DataTreasury Corporation's ("DTC") First Set of Interrogatories Regarding Jurisdictional Discovery. GENERAL OBJECTIONS UBC incorporates herein by reference all of the General Objections, Objections to Definitions, Objections to Instructions and Specific Objections included in Defendant UnionBanCal Corporations Objections and Responses To Plaintiff's First Set of Interrogatories

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Regarding Jurisdictional Discovery To Defendant UnionBanCal Corporation, served on January 25, 2007. OBJECTIONS AND RESPONSES Investigation and discovery are ongoing in this case. UBC responds to these interrogatories based on a reasonable investigation of the facts as presently known and without prejudice to its right to supplement or modify its responses hereto. UBC also reserves the right to produce or use any information or document, the existence or relevance of which is discovered after the service of this response, in support of or in opposition to any motion, in any deposition or at trial. INTERROGATORY NO. 15 [sic]: Please identify all officers, directors, and employees of UnionBanCal Corporation that also serve as officers, directors, or employees of Union Bank of California, N.A. OBJECTIONS AND SUPPLEMENTAL RESPONSE: UBC objects to this interrogatory on the grounds set forth in the General Objections and incorporates those objections herein. UBC further objects to this interrogatory as overly broad, unduly burdensome, vague, and ambiguous to the extent that it seeks information that is not relevant to UBC's contacts with Texas or the establishment of personal jurisdiction over UBC and, therefore, is beyond the scope of jurisdictional discovery. Subject to and without waiver of the foregoing general and specific objections, UBC responds as follows: All officers of UBC are also officers of Union Bank of California, N.A. All directors of UBC are also directors of Union Bank of California, N.A., except Messrs. Kanari and Miki. UBC has no employees. As of January 31, 2007, Union Bank of California, N.A. had 3,782 officers. Of those 3,782 officers, 46 are also officers of UnionBanCal Corporation, including:
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Tetsuo Shimura Takashi Morimura Philip B. Flynn David I. Matson Masashi Oka Linda F. Betzer JoAnn M. Bourne Bruce H. Cabral John C. Erickson Paul E. Fearer Steven L. Glaser John H. McGuckin, Jr. James Yee Johannes H. Worsoe William J. Stolte Grant K. Ahearn David A. Anderson William G. Christensen Paul E. Gaenger Kimihisa Imada J. Michael Stedman Jacqueline F. Bean John M. Bell Joseph J. Catalano Nancy S. Crooks Theodore E. Davis David W. Dobon

Chairman President and Chief Executive Officer Vice Chair and Chief Operating Officer Vice Chair and Chief Financial Officer Vice Chair, Administration and Support, and Insider Trading Compliance Officer Executive Vice President, Operations and Customer Services Group Executive Vice President, Commercial Deposit and Treasury Management Division Executive Vice President and Chief Credit Officer Executive Vice President, Commercial Banking & Wealth Management Group Executive Vice President and Director of Human Resources Executive Vice President, Retail Banking Group Executive Vice President, General Counsel, and Secretary Executive Vice President and Chief Information Officer Executive Vice President, Global Markets Group Executive Vice President, Independent Risk Monitoring Group Executive Vice President, Energy Capital Services Executive Vice President and Controller Executive Vice President Executive Vice President and Senior Credit Officer Executive Vice President, Pacific Rim Corporate Group Executive Vice President, Real Estate Industries Senior Vice President Senior Vice President, Insurance and Risk Management Manager Senior Vice President, Associate General Counsel and Assistant Secretary Senior Vice President and Deputy Group Head, Independent Risk Monitoring Group ­ Credit Senior Vice President and Assistant Secretary Senior Vice President, Corporate Development
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Frank W. Foley, Jr. Lois Grace Golde David M. Hansen Morris W. Hirsch Stephen L. Johnson Barbara J. Kosnar D. Jeffrey Morrow William A. Polkinghorn Gabriel A. Renga John A. Rice, Jr. Erin Selleck Daniel B. Brigham Mary A. Helvey Hugh Lawrence Teryl Murabayashi James M. Purvis Brian W. Smith Michelle R. Crandall Vicki J. Wilderman

Senior Vice President and General Auditor Senior Vice President, Financial Planning Senior Vice President and Assistant Controller Senior Vice President, Deputy General Counsel and Assistant Secretary Senior Vice President and Director of Public Relations Senior Vice President and Corporate Tax Manager Senior Vice President Senior Vice President, Deputy General Counsel and Assistant Secretary Senior Vice President and Senior Credit Officer Senior Vice President, Investor Relations Senior Vice President and Treasurer Vice President Vice President and Assistant Secretary Vice President and Assistant Secretary Vice President and Assistant Secretary Vice President and Assistant Secretary Vice President Vice President, Investor Relations Vice President and Assistant Corporate Secretary

February 14, 2007 By: /s/ Raymond L. Sweigart Raymond L. Sweigart (pro hac vice) Scott J. Pivnick (pro hac vice) PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Blvd. McLean, VA 22102-4859 T: [phone] F: [phone] [e-mail] [e-mail]

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Richard Hogan Texas Bar No. 09802010 PILLSBURY WINTHROP SHAW PITTMAN LLP 2 Houston Center 909 Fannin Street 22nd Floor Houston TX 77010 T: [phone] F: [phone] [e-mail] Jennifer Parker Ainsworth Texas Bar No. 00784720 WILSON, SHEEHY, KNOWLES, ROBERTSON & CORNELIUS, P.C. 909 ESE Loop 323 Suite 400 Tyler, Texas 75701 T: [phone] F: [phone] [e-mail] ATTORNEYS FOR DEFENDANT UNIONBANCAL CORPORATION

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CERTIFICATE OF SERVICE I hereby certify that on the 14th day of February 2007, a true and correct copy of the Defendant UnionBanCal Corporation's Supplemental Objections And Responses To Plaintiff's First Set Of Interrogatories Regarding Jurisdictional Discovery To Defendant UnionBanCal Corporation was forwarded electronically pursuant to the parties written agreement to the following counsel of record: Edward L. Hohn NIX PATTERSON & ROACH, L.L.P. 205 Linda Drive Daingerfield, Texas 75638 at [e-mail]

/s/ Scott J. Pivnick Scott J. Pivnick

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