Free Affidavit - District Court of Connecticut - Connecticut

_ ` Case 3:03-cv-01016-WWE Document 90 Filed 04/26/2004 Page 1 of 3
A UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JULIE DILLON RIPLEY MILLER, NO. 3:03-CV-1016 (RNC)(DFM)
Plaintiff and Counterclaim
Defendant, ·
— against -
MERRILL LYNCH CREDIT CORPORATION,
. April 26, 2004
Defendant and Counterclaimant.
AFFIDAVIT OF THOMAS P. FRIEDMAN
IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL
In accordance with Rule 37 of the Local Civil Rules of the District of
Connecticut, Thomas P. Friedman hereby certifies as follows:
l. I am an associate with the law firm of Paul, Hastings, Janofsky & Walker, LLP,
counsel of record for Defendant and Counterclaimant Merrill Lynch Credit Corporation
("MLCC") in the above-captioned action. l
2. I have worked on discovery matters for Defendant and am personally familiar
with the efforts of both parties to obtain discovery in this matter.
3. Although the parties have engaged in limited correspondence in an attempt to
settle their discovery differences, Plaintiff’ s counsel did not discuss with Defendant’s counsel the
discovery issues now before the Court prior to filing this motion as required by the Federal and
_ Local Rules.
4. MLCC timely responded to the plaintiffs First Request for Production of
Documents on September 8, 2003, which called for, inter alia, "all documents referring or
relating to Miller." MLCC’s Responses and Objections to Plaintiff’ s First Request for

_ ` `U Case 3:03-cv-01016-WWE Document 90 Filed 04/26/2004 Page 2 of 3
Production of Documents is attached hereto as Exhibit A. Plaintiff' s First Request for
Production of Documents is attached hereto as Exhibit B.
5. In response to MLCC Second Document Request, which was served in part due
due to an apparent gap in Plaintiff" s production, she objected, stating that "It is beyond the scope
of Fed. R. Civ. P. 34 to seek production of documents a second time[.]" Q Ex. C attached to
hereto at 3.
' 6. Plaintiff" s loan expert, Mr. Homberger, relies on Fannie Mae’s guidelines in his
assessment of this loan—guidelines which he admits apply to loans under $333,700. §gq Ex. D
attached hereto at 39, lines 3-6.
DATED: April 26, 2004.
Thomas P. Friedman
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_ ` ‘V Case 3:03-cv-01016-WWE Document 90 Filed 04/26/2004 Page 3 of 3
CERTIFICATE OF SERVICE
This is to certify that on this 26th day of April, 2004, a copy of the foregoing
AFFIDAVIT OF THOMAS P. FRIEDMAN IN OPPOSITION TO PLAINTIFF’S MOTION TO
COMPEL was delivered via first class U.S. mail to:
Patrick W. Begos, Esq.
BEGOS & HORGAN, LLP
327 Riverside Avenue
Westport, CT 06880
Dennis C. Fleischmann, Esq.
Bryan Cave, LLP
1290 Avenue of the Americas
New York, New York 10104
Thomas P. Friedman
STM/272973.1
11413.0002l
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