Free Affidavit - District Court of Connecticut - Connecticut

Case 3:03-cv-01016-WWE Document 91 Filed 04/26/2004 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JULIE DILLON RIPLEY MILLER, CIVIL ACTION NO.
3:03-CV-1016 (RNC)
Plaintiff,
- against-
MERRILL LYNCH CREDIT CORPORATION,
Defendant and Counterclaimant. APYH 23, 2003
AFFIDAVIT OF DONALD J. McENERNEY IN SUPPORT OF
OPPOSITION BY MERRILL LYNCH CREDIT CORPORATION TO
PLAINTIFF’S MOTION TO COMPEL
STATE OF FLORIDA )
COUNTY OF DUVAL ) SS:
1. My name is Donald J. McEnemey. I am currently a Vice President
of Merrill Lynch Credit Corporation [hereinafier "MLCC" or "Company"].
2. I am familiar with Docket No. 3:03-CV—lO16 (RNC) in the United
States District Court for the District of Connecticut. I understand that the plaintiff seeks
access to any and all e-mails referring or relating to her, as well as confidential business
information of the Company, including MLCC’s underwriting manual, OPS Guide, and
guidelines relating to Powers of Attorney.
3. MLCC has responded in good faith to the plaintiffs requests for
e—mails pertaining to her. Specifically, MLCC identified those employees at the
Company who had involvement with respect to the plaintiff and/or her various

Case 3:03-cv-01016-WWE Document 91 Filed 04/26/2004 Page 2 of 3
applications. MLCC then requested the production of all relevant documents in the
possession of these individuals, including e-mails and produced those documents it
received to the plaintiff in the course of discovery.
4. Due to the burdensomeness of the task, MLCC did not check its
back-up files and archives for e-mails referring or relating to "Miller" over the last seven
years. MLCC has approximately 4680 files that refer or relate to the name "Miller" and
cannot reasonably be expected to cull through all of the e-mails from all senders that
these files would generate. Moreover, I am not aware of any mamier by which MLCC
can determine which of these e-mails refer or relate specifically to Julie Miller without
reviewing each and every e-mail. The time and effort for such a review would be
immense and would not necessarily yield additional pertinent docrunents (as many of the
e-mails will only refer generically to a "Miller" loan or application). Furthermore,
dozens of relevant e-mails that were in the possession of employees known to have
relevant e-mails have been produced, and the loan files, containing additional relevant e-
mails were also produced. 4
5. The plaintiff’ s document requests also call for proprietary
information of MLCC, specifically MLCC’s underwriting manual, OPS Guide and
guidelines relating to Powers of Attomey. The information contained in these documents
provide internal guidelines for MLCC employees and is not available to the general
public.
6. If disclosed, this information would undoubtedly benefit MLCC’s
competitors. Specifically, such information would be of significant value to MLCC’s

Case 3:03-cv-01016-WWE Document 91 Filed 04/26/2004 Page 3 of 3
actual and potential competitors in determining their own business plans and strategies
and could be used by those competitors to undermine significantly MLCC’s ability to
compete effectively in the marketplace.
7. Further, MLCC has been scrupulous in its efforts to maintain the
confidentiality of the information. MLCC employees are expected to keep this
information confidential, and MLCC makes every reasonable effort to protect this
information from unauthorized third-parties seeking to infiltrate MLCC’s computer
systems.
Dated April Z}, 2004
DON;%D J. McENERNEY
Vice President
Merrill Lynch Credit Corporation
Sworn and subscribed before me
on this Z_3_""day of April, 2004.
Notary Public
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