- Report: #109122
Complaint Review: Comp USA - Nationwide
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Author Not Confirmed
Why?
Comp USA
Store Number 717 Located At 9368 North Central Expressway, Dallas, Texas Nationwide, U.S.A.
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Comp USA Did not pay rebate ripoff Destroyed Motherboard during repair. Dallas, Texas
I sued Comp USA. Thought others might want to know how to do it. Here is a complaint and the discovery for the State of TExas, but it might work in your state as well. I started this in small claims court and I asked for Jury Trial ($5.00 fee) Go for it. I did.
PETITION FOR DAMAGES
Comes now YOUR NAME and brings this cause against Comp USA, Inc. (CompUSA, Inc.) and in support of her petition would show the following:
Comp USA, Inc. is a Delaware corporation whose registered agent for service of process in the State of Texas is: Corporation Service Company located at 701 Brazos Street, Suite 1050, Austin, Texas 78701.
Plaintiff requests that the Petition be served with the attached Discovery which includes Request for Production of Documents, Interrogatories, and Requests for Admission and the attached Request for Jury Trial. This cause is a Level One Discovery pursuant to Tx. R. Civ. Pro. 190.1, and this Discovery comports to that level of discovery. At the de novo District Court Level a higher level of discovery will be requested as other persons who have also been denied their rebates are joined as plaintiffs.
1. NAME purchased from CompUSA, Inc. a Hewlett Packard Computer Number 2T1250 in the amount of $1,449.90 from Store Number 717 located at 9368 North Central Expressway, Dallas, Texas, hereinafter referred to as computer' during the rebate period as advertised on flyers received in the United States mail and on presentations in the store.
2. The sales person represented to NAME that a rebate would be provided from CompUSA, Inc. for the purchase of the computer and this representation was consistent with the flyers received in the United States mail. NAME applied for the rebate and provided the receipt provided by CompUSA, Inc. together with the CPU code from the computer box and the application form furnished by the CompUSA salesman. This rebate was offered by CompUSA, Inc. on the Hewlett Packard Lap Top Computer purchased by NAME from CompUSA, Inc. during the rebate period. This rebate was offered for the purchase of any Intel Celeron Processor Based Notebook of CompUSA, Inc. Rebate program C137947 104A. The Hewlett Packard Lap Top Computer was covered by this program. The rebate was the inducement which caused Petitioner to purchase the computer from CompUSA, Inc.
3. CompUSA, Inc. refused to honor the rebate program stating the receipt did not bear a date of purchase. NAME produced the receipt to CompUSA, Inc. precisely as it had been provided to her. NAME subsequently produced to CompUSA, Inc. their own internal statement regarding the date of purchase of the computer and her VISA statement which represented the date of purchase of the computer. CompUSA, Inc. continued to refuse to honor the rebate program. Attached hereto as Exhibit A is a scanned copy of the rebate program, the product identification and the sales receipt provided by Comp USA and used to access the rebate.
3. On or about the 22nd day of August 2004, the same computer was taken to CompUSA, Inc. to repair the computer. The power connector was not making a connection to the motherboard. The repairs made by CompUSA, Inc. were improper. CompUSA, Inc. soldered the electric access to the mother board of the computer so the electric plug could not fit into the computer and the mother board was entirely ruined as a direct result of this improper repair.
4. CompUSA, Inc. did not admit to NAME that it had improperly soldered the computer but misrepresented their actions and advised her the computer was not cost effective to repair. After knowingly destroying the computer and failing to refund the rebate the representative of CompUSA offered to sell plaintiff a new computer, and laughed. Attached hereto as Exhibit B is a copy of the receipt of payment for repair of the computer from NAME to Comp USA.
5. The actions of CompUSA, Inc. contained material misrepresentations which were made when CompUSA, Inc. knew that the representation was false, that the speaker knew it was false or that the speaker made it without any knowledge of the truth and as a positive assertion, that the speaker made the representation with the intention that it be acted upon by the other party, that the other party acted in reliance upon the statement. Fraud is also evidenced in the concealment of the damage done to the computer during the repairs as evidenced by Exhibit B and this misleading language induced plaintiff to rely upon false information and thereby suffer damages or injury.
5. CompUSA, Inc. has participated in an historical pattern of offering rebates and failing to follow through. NAME engaged in a prolonged attempt to acquire this rebate. CompUSA, Inc. showed a callous disregard for its duties and obligations with regard to the promised rebate.
6. Wherefore premises considered, NAME requests:
A. CompUSA, Inc. provide to her the reimbursement originally offered for the purchase of the computer with postjudgment and prejudgment interest;
B. CompUSA, Inc. repair the Hewlett Packard computer purchased that it attempted to repair and failed to repair and provide a two year warranty on these repairs' in as much as CompUSA has demonstrated an inability to make trustworthy repairs. CompUSA is requested to make this computer completely functional with a two year warranty or replace it with a computer of comparable specifications that is new.
C. CompUSA, Inc. be assessed punitive damages for its failure to acknowledge its improper soldering of her computer in an amount not less than $3,350.00 and its refusal to refund the rebate and its historical conduct in refusing to provide rebates to consumers.
D. Any an all judgments this court deems reasonable and all costs of court and attorney's fees together with pre-judgment and post judgment interest.
This suit is brought in light of the fact that the acting manager of CompUSA, Inc. advised the Plaintiff to sue me. I almost walked away from this. Appeal de novo is welcomed. Let's raise the punitive damages and extend the depth of discovery. They finally made me really mad. Sue me. Fine. Let's get all the people they screwed out of rebates together and let's get this on. I'll start recruiting on the internet. They acted fraudulently in advising the plaintiff the computer could not be repaired after they destroyed the connector to the motherboard. They acted fraudulently in continuing to deny the rebate to Plaintiff after Plaintiff complied with all their requests.
Respectfully submitted,
TO Defendant, COMPUSA, INC., by and through its registered agent for service of process:
1. Plaintiff, files her First Discovery Requests to Defendant, CompUSA, Inc., as follows:
2. Plaintiff serves the attached Interrogatories pursuant to Tx. R. Civ. P. 197. Plaintiff requires that answer and/or objections to each interrogatory be served not later than 45 days following service of this instrument; that the answers to all interrogatories be signed under oath by the person(s) answering; and that any objections be signed by the attorney so objecting.
3. Plaintiff serves the attached requests for production pursuant to Tx. R. Civ. P. 194. Plaintiff requires that Defendant serve a written request to each request for production not later than 45 days following service of this instrument and that Plaintiff either produce legible copies of such documents and tangible items or produce the originals for copying and inspection at the offices of the undersigned counsel at such time.
4. Plaintiff serves the attached requests for admission pursuant to Tx. R. Civ. P. 198. Plaintiff requires that Defendant serve an admission, denial, or permitted objection to each request not later than 45 days following service of this instrument.
5. Plaintiff served the attached request for production of documents pursuant to Tx. R. Civ. P. Plaintiff requires that Defendant produce the documents not later than 45 days following service of this instrument and as identified in the attached requests for admission.
Respectfully submitted,
Certificate of Service
I certify that a true and correct copy of the preceding requests for Discovery including interrogatories, request for permission and requests for production were filed with the court and served with the Original Petition in this matter.
Respectfully submitted,
INSTRUCTIONS:
1. You, Your, or Yourselves refers to Defendant CompUSA, Inc, its directors, officers, employees, subsidiaries, parent companies and other agents.
2. The Complaint refers to Defendant's Original Complaint and to any amended pleading raising the same or substantially similar allegations as the Original Complaint.
3. Requests to state the factual basis for a contention are not intended to require you to marshall all evidence that may conceivably be used at trial. Such requests are intended to evoke a reasonably detailed factual statement summarizing the basis for your contentions.
4. The computer refers to the computer purchased by _________NAME from CompUSA at 9368 North Central Expressway Store Number 717 in the amount of $1,449.99, during September of 2002.
5. Repairs refer to the repairs as indicated in Plaintiff's Exhibit B Comp USA Service Order number 72520594 during August of 2004.
6. The Rebate at issue here is a rebate offered by CompUSA on the Hewlett Packard Lap Top Computer purchased by NAME from CompUSA in September 2002, offered for the purchase of any Intel Celeron Processor Based Notebook of CompUSA.
DISCOVERY REQUESTS
INSTRUCTIONS
Please answer each of the following enumerated interrogatories separately and fully, in writing, and under oath. A request for identification of any particular document or thing includes a request for identification of the original of that document or thing, as well as identification of each and every photocopy or duplicate of that document or thing, and each and every draft of the document or thing.
In answering the following interrogatories, you are to provide not only the information within your direct personal knowledge, but also the information within the knowledge of your attorney(s), any investigator employed by you or by your attorney(s), or any consultant or expert witness employed by you or by your attorney(s).
The following interrogatories are continuing. After serving your initial response to these interrogatories, please supplement your response whenever any information responsive to them is recalled or received by you or your attorney(s).
If, in response to a particular interrogatory, an objection is interposed, and the objection applies to some but not all of the information requested, please provide in your answer all responsive information to which the objection does not apply. Any and all objections should be interposed by the deadline for your initial response, or will be considered waived.
INTERROGATORY NO. 1:
State the names of each person answer or assisting in answering each of the following discovery requests, their position with you, and the discovery requests they assisted in answering.
RESPONSE:
INTERROGATORY NO. 2:
Please state the name, address, and phone number of:
(a) each individual whom you know to have knowledge of the relevant facts re-
lated to the issue(s) in dispute; and
(b) each individual from whom you plan to submit testimony in your behalf.
RESPONSE:
INTERROGATORY NO. 3:
Please state the source, the nature, and the location of:
(a) every document you know of which is relevant to the issue(s) in dispute; and
(b) every document which you intend to introduce into evidence.
RESPONSE:
INTERROGATORY NO. 4:
Please state the name, address, and telephone number of each and every individual (if any) whom you will or may call to testify as an expert witness at any hearing in, or at the trial of, this civil action.
RESPONSE:
INTERROGATORY NO. 5:
For each and every individual named in your answer to the preceding interrogatory, please state:
a. The subject matter on which the expert witness is expected to testify;
b. The substance of the opinions and mental impressions of the expert witness;
c. Each and every fact which is relied upon by the expert as part or all of the basis for any one or more of his or her opinions; and
d. The specific terms under which the expert witness has been, or will be, compensated as a result of his or her work in connection with this case.
RESPONSE:
INTERROGATORY NO. 6:
Identify the technician performing the repairs on this computer as represented in 72520594 and attached to the complaint as Exhibit B. Identify his formal education, CompUSA training and number of years in your employ. Identify his prior positions in computer repair and number of years in those positions.
RESPONSE:
INTERROGATORY NO. 7:
If it is your contention that the repair technician for Comp USA performed the repairs appropriately state the basis for this contention.
RESPONSE:
INTERROGATORY NO. 8:
Identify the rebate program offered on the purchase of HP 2T1250 during August and September of 2002, which ended on or about September 21, 2002, through CompUSA in Dallas, Texas, and state the nature of the rebate, and the requirements for complying with the conditions for this rebate.
RESPONSE:
INTERROGATORY NO. 9:
Identify the supervisor of actual technician performing the repairs on this computer as represented in 72520594 and attached to the complaint as Exhibit B and identify that supervisor's role in examining the repairs made by the technician performing the repairs. Identify this supervisor's formal education and training with CompUSA and his prior positions and work experience.
RESPONSE:
REQUEST FOR ADMISSION
REQUEST FOR ADMISSION NO. 1:
Admit that NAME purchased from CompUSA Store Number 717, in Dallas, Texas, a Hewlett Packard Computer for the listed amount of $1,449.99.
RESPONSE:
REQUEST FOR ADMISSION NO. 2:
Admit that on the 22nd day of August 2004, a request was made for the power connector on this computer be repaired at CompUSA .
RESPONSE:
REQUEST FOR ADMISSION NO. 3:
Admit that during the time of the purchase of this computer from Comp USA a rebate from CompUSA was offered on the purchase price of this computer.
RESPONSE:
REQUEST FOR ADMISSION NO. 4:
Admit that NAME timely requested a rebate on the purchase of this computer from Comp USA.
RESPONSE:
REQUEST FOR ADMISSION NO. 5:
Admit that NAME fully complied with the rebate requests as stated on the rebate offer on the purchase of this computer from Comp USA.
RESPONSE:
REQUEST FOR ADMISSION NO. 5:
Admit that CompUSA refused to pay the rebate to NAME .
RESPONSE:
REQUEST FOR ADMISSION NO. 6:
Admit that in resoldering the power connector to the computer motherboard the internal power connector was improperly aligned to the external input, the result of which being that the AC adapter cannot be fully inserted into the unit.
RESPONSE:
REQUEST FOR ADMISSION NO. 7:
Admit that in resoldering the power connector to the computer motherboard the soldering material was placed in the wrong location blocking the flow of power from the AC adapter to the motherboard.
RESPONSE:
REQUEST FOR ADMISSION NO. 8:
Admit that CompUSA represented that the problem with the computer was a need for a new motherboard after the failed attempt to correctly solder the power connector to the mother board.
RESPONSE:
REQUEST FOR ADMISSION NO. 9:
Admit that in resoldering the power connector to the computer motherboard the motherboard of the computer was rendered completely non-functional and must be replaced.
RESPONSE:
REQUEST FOR ADMISSION NO. 10:
Admit that CompUSA suggested this computer could be repaired by resoldering the connector to the computer motherboard.
RESPONSE:
REQUEST FOR ADMISSION NO. 11:
Admit that CompUSA after resoldering the connector has suggested this computer can only be made operable with a new motherboard.
RESPONSE:
Request for Production of Documents
This Request for Production is made for the Defendant to produce the requested documents or tangible things within the possession, custody or control of CompUSA at either CompUSA Store Number 717 located at 9368 North Central Expressway, Dallas, Texas, on the 14th day of October 2004 at five o'clock p.m., or by United States Mail to Defendant's stated address of ______________________________, on or before October 14, 2004.
Data or information that exists in electronic or magnetic form, is also requested and may be produced in either paper format or electronic format.
1. All correspondence between NAME and Comp USA regarding the rebate program identified in the complaint of this matter.
2. All correspondence between NAME and CompUSA regarding an inquiry by the attorney general of the State of Texas into this specific rebate program identified in the complaint of this matter identified in the complaint of this matter
3. All books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in chief at trial.
4. All results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce as evidence in chief at the trial or which were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to that witness' testimony
5. All documents published to the public regarding this rebate program.
6. All documents of CompUSA indicating the purchase of this computer from CompUSA and the repair of this computer from CompUSA.
7. All correspondence between CompUSA and any parties with whom CompUSA contracted regarding the rebate on this computer.
8. All guidelines furnished the computer technicians regarding repairs to Hewlett Packard lap top computers or the make and model presented to CompUSA for repair.
9. The log of all refused rebate applications for the rebate program in question.
[END OF DOCUMENT]
Lee
dallas, Texas
U.S.A.
Click here to read other Rip Off Reports on CompUSA
Click here to read The *EDitorial: The Marketing Rebate Rip Off ...Manufactures invent reasons why not to pay the consumer
PETITION FOR DAMAGES
Comes now YOUR NAME and brings this cause against Comp USA, Inc. (CompUSA, Inc.) and in support of her petition would show the following:
Comp USA, Inc. is a Delaware corporation whose registered agent for service of process in the State of Texas is: Corporation Service Company located at 701 Brazos Street, Suite 1050, Austin, Texas 78701.
Plaintiff requests that the Petition be served with the attached Discovery which includes Request for Production of Documents, Interrogatories, and Requests for Admission and the attached Request for Jury Trial. This cause is a Level One Discovery pursuant to Tx. R. Civ. Pro. 190.1, and this Discovery comports to that level of discovery. At the de novo District Court Level a higher level of discovery will be requested as other persons who have also been denied their rebates are joined as plaintiffs.
1. NAME purchased from CompUSA, Inc. a Hewlett Packard Computer Number 2T1250 in the amount of $1,449.90 from Store Number 717 located at 9368 North Central Expressway, Dallas, Texas, hereinafter referred to as computer' during the rebate period as advertised on flyers received in the United States mail and on presentations in the store.
2. The sales person represented to NAME that a rebate would be provided from CompUSA, Inc. for the purchase of the computer and this representation was consistent with the flyers received in the United States mail. NAME applied for the rebate and provided the receipt provided by CompUSA, Inc. together with the CPU code from the computer box and the application form furnished by the CompUSA salesman. This rebate was offered by CompUSA, Inc. on the Hewlett Packard Lap Top Computer purchased by NAME from CompUSA, Inc. during the rebate period. This rebate was offered for the purchase of any Intel Celeron Processor Based Notebook of CompUSA, Inc. Rebate program C137947 104A. The Hewlett Packard Lap Top Computer was covered by this program. The rebate was the inducement which caused Petitioner to purchase the computer from CompUSA, Inc.
3. CompUSA, Inc. refused to honor the rebate program stating the receipt did not bear a date of purchase. NAME produced the receipt to CompUSA, Inc. precisely as it had been provided to her. NAME subsequently produced to CompUSA, Inc. their own internal statement regarding the date of purchase of the computer and her VISA statement which represented the date of purchase of the computer. CompUSA, Inc. continued to refuse to honor the rebate program. Attached hereto as Exhibit A is a scanned copy of the rebate program, the product identification and the sales receipt provided by Comp USA and used to access the rebate.
3. On or about the 22nd day of August 2004, the same computer was taken to CompUSA, Inc. to repair the computer. The power connector was not making a connection to the motherboard. The repairs made by CompUSA, Inc. were improper. CompUSA, Inc. soldered the electric access to the mother board of the computer so the electric plug could not fit into the computer and the mother board was entirely ruined as a direct result of this improper repair.
4. CompUSA, Inc. did not admit to NAME that it had improperly soldered the computer but misrepresented their actions and advised her the computer was not cost effective to repair. After knowingly destroying the computer and failing to refund the rebate the representative of CompUSA offered to sell plaintiff a new computer, and laughed. Attached hereto as Exhibit B is a copy of the receipt of payment for repair of the computer from NAME to Comp USA.
5. The actions of CompUSA, Inc. contained material misrepresentations which were made when CompUSA, Inc. knew that the representation was false, that the speaker knew it was false or that the speaker made it without any knowledge of the truth and as a positive assertion, that the speaker made the representation with the intention that it be acted upon by the other party, that the other party acted in reliance upon the statement. Fraud is also evidenced in the concealment of the damage done to the computer during the repairs as evidenced by Exhibit B and this misleading language induced plaintiff to rely upon false information and thereby suffer damages or injury.
5. CompUSA, Inc. has participated in an historical pattern of offering rebates and failing to follow through. NAME engaged in a prolonged attempt to acquire this rebate. CompUSA, Inc. showed a callous disregard for its duties and obligations with regard to the promised rebate.
6. Wherefore premises considered, NAME requests:
A. CompUSA, Inc. provide to her the reimbursement originally offered for the purchase of the computer with postjudgment and prejudgment interest;
B. CompUSA, Inc. repair the Hewlett Packard computer purchased that it attempted to repair and failed to repair and provide a two year warranty on these repairs' in as much as CompUSA has demonstrated an inability to make trustworthy repairs. CompUSA is requested to make this computer completely functional with a two year warranty or replace it with a computer of comparable specifications that is new.
C. CompUSA, Inc. be assessed punitive damages for its failure to acknowledge its improper soldering of her computer in an amount not less than $3,350.00 and its refusal to refund the rebate and its historical conduct in refusing to provide rebates to consumers.
D. Any an all judgments this court deems reasonable and all costs of court and attorney's fees together with pre-judgment and post judgment interest.
This suit is brought in light of the fact that the acting manager of CompUSA, Inc. advised the Plaintiff to sue me. I almost walked away from this. Appeal de novo is welcomed. Let's raise the punitive damages and extend the depth of discovery. They finally made me really mad. Sue me. Fine. Let's get all the people they screwed out of rebates together and let's get this on. I'll start recruiting on the internet. They acted fraudulently in advising the plaintiff the computer could not be repaired after they destroyed the connector to the motherboard. They acted fraudulently in continuing to deny the rebate to Plaintiff after Plaintiff complied with all their requests.
Respectfully submitted,
TO Defendant, COMPUSA, INC., by and through its registered agent for service of process:
1. Plaintiff, files her First Discovery Requests to Defendant, CompUSA, Inc., as follows:
2. Plaintiff serves the attached Interrogatories pursuant to Tx. R. Civ. P. 197. Plaintiff requires that answer and/or objections to each interrogatory be served not later than 45 days following service of this instrument; that the answers to all interrogatories be signed under oath by the person(s) answering; and that any objections be signed by the attorney so objecting.
3. Plaintiff serves the attached requests for production pursuant to Tx. R. Civ. P. 194. Plaintiff requires that Defendant serve a written request to each request for production not later than 45 days following service of this instrument and that Plaintiff either produce legible copies of such documents and tangible items or produce the originals for copying and inspection at the offices of the undersigned counsel at such time.
4. Plaintiff serves the attached requests for admission pursuant to Tx. R. Civ. P. 198. Plaintiff requires that Defendant serve an admission, denial, or permitted objection to each request not later than 45 days following service of this instrument.
5. Plaintiff served the attached request for production of documents pursuant to Tx. R. Civ. P. Plaintiff requires that Defendant produce the documents not later than 45 days following service of this instrument and as identified in the attached requests for admission.
Respectfully submitted,
Certificate of Service
I certify that a true and correct copy of the preceding requests for Discovery including interrogatories, request for permission and requests for production were filed with the court and served with the Original Petition in this matter.
Respectfully submitted,
INSTRUCTIONS:
1. You, Your, or Yourselves refers to Defendant CompUSA, Inc, its directors, officers, employees, subsidiaries, parent companies and other agents.
2. The Complaint refers to Defendant's Original Complaint and to any amended pleading raising the same or substantially similar allegations as the Original Complaint.
3. Requests to state the factual basis for a contention are not intended to require you to marshall all evidence that may conceivably be used at trial. Such requests are intended to evoke a reasonably detailed factual statement summarizing the basis for your contentions.
4. The computer refers to the computer purchased by _________NAME from CompUSA at 9368 North Central Expressway Store Number 717 in the amount of $1,449.99, during September of 2002.
5. Repairs refer to the repairs as indicated in Plaintiff's Exhibit B Comp USA Service Order number 72520594 during August of 2004.
6. The Rebate at issue here is a rebate offered by CompUSA on the Hewlett Packard Lap Top Computer purchased by NAME from CompUSA in September 2002, offered for the purchase of any Intel Celeron Processor Based Notebook of CompUSA.
DISCOVERY REQUESTS
INSTRUCTIONS
Please answer each of the following enumerated interrogatories separately and fully, in writing, and under oath. A request for identification of any particular document or thing includes a request for identification of the original of that document or thing, as well as identification of each and every photocopy or duplicate of that document or thing, and each and every draft of the document or thing.
In answering the following interrogatories, you are to provide not only the information within your direct personal knowledge, but also the information within the knowledge of your attorney(s), any investigator employed by you or by your attorney(s), or any consultant or expert witness employed by you or by your attorney(s).
The following interrogatories are continuing. After serving your initial response to these interrogatories, please supplement your response whenever any information responsive to them is recalled or received by you or your attorney(s).
If, in response to a particular interrogatory, an objection is interposed, and the objection applies to some but not all of the information requested, please provide in your answer all responsive information to which the objection does not apply. Any and all objections should be interposed by the deadline for your initial response, or will be considered waived.
INTERROGATORY NO. 1:
State the names of each person answer or assisting in answering each of the following discovery requests, their position with you, and the discovery requests they assisted in answering.
RESPONSE:
INTERROGATORY NO. 2:
Please state the name, address, and phone number of:
(a) each individual whom you know to have knowledge of the relevant facts re-
lated to the issue(s) in dispute; and
(b) each individual from whom you plan to submit testimony in your behalf.
RESPONSE:
INTERROGATORY NO. 3:
Please state the source, the nature, and the location of:
(a) every document you know of which is relevant to the issue(s) in dispute; and
(b) every document which you intend to introduce into evidence.
RESPONSE:
INTERROGATORY NO. 4:
Please state the name, address, and telephone number of each and every individual (if any) whom you will or may call to testify as an expert witness at any hearing in, or at the trial of, this civil action.
RESPONSE:
INTERROGATORY NO. 5:
For each and every individual named in your answer to the preceding interrogatory, please state:
a. The subject matter on which the expert witness is expected to testify;
b. The substance of the opinions and mental impressions of the expert witness;
c. Each and every fact which is relied upon by the expert as part or all of the basis for any one or more of his or her opinions; and
d. The specific terms under which the expert witness has been, or will be, compensated as a result of his or her work in connection with this case.
RESPONSE:
INTERROGATORY NO. 6:
Identify the technician performing the repairs on this computer as represented in 72520594 and attached to the complaint as Exhibit B. Identify his formal education, CompUSA training and number of years in your employ. Identify his prior positions in computer repair and number of years in those positions.
RESPONSE:
INTERROGATORY NO. 7:
If it is your contention that the repair technician for Comp USA performed the repairs appropriately state the basis for this contention.
RESPONSE:
INTERROGATORY NO. 8:
Identify the rebate program offered on the purchase of HP 2T1250 during August and September of 2002, which ended on or about September 21, 2002, through CompUSA in Dallas, Texas, and state the nature of the rebate, and the requirements for complying with the conditions for this rebate.
RESPONSE:
INTERROGATORY NO. 9:
Identify the supervisor of actual technician performing the repairs on this computer as represented in 72520594 and attached to the complaint as Exhibit B and identify that supervisor's role in examining the repairs made by the technician performing the repairs. Identify this supervisor's formal education and training with CompUSA and his prior positions and work experience.
RESPONSE:
REQUEST FOR ADMISSION
REQUEST FOR ADMISSION NO. 1:
Admit that NAME purchased from CompUSA Store Number 717, in Dallas, Texas, a Hewlett Packard Computer for the listed amount of $1,449.99.
RESPONSE:
REQUEST FOR ADMISSION NO. 2:
Admit that on the 22nd day of August 2004, a request was made for the power connector on this computer be repaired at CompUSA .
RESPONSE:
REQUEST FOR ADMISSION NO. 3:
Admit that during the time of the purchase of this computer from Comp USA a rebate from CompUSA was offered on the purchase price of this computer.
RESPONSE:
REQUEST FOR ADMISSION NO. 4:
Admit that NAME timely requested a rebate on the purchase of this computer from Comp USA.
RESPONSE:
REQUEST FOR ADMISSION NO. 5:
Admit that NAME fully complied with the rebate requests as stated on the rebate offer on the purchase of this computer from Comp USA.
RESPONSE:
REQUEST FOR ADMISSION NO. 5:
Admit that CompUSA refused to pay the rebate to NAME .
RESPONSE:
REQUEST FOR ADMISSION NO. 6:
Admit that in resoldering the power connector to the computer motherboard the internal power connector was improperly aligned to the external input, the result of which being that the AC adapter cannot be fully inserted into the unit.
RESPONSE:
REQUEST FOR ADMISSION NO. 7:
Admit that in resoldering the power connector to the computer motherboard the soldering material was placed in the wrong location blocking the flow of power from the AC adapter to the motherboard.
RESPONSE:
REQUEST FOR ADMISSION NO. 8:
Admit that CompUSA represented that the problem with the computer was a need for a new motherboard after the failed attempt to correctly solder the power connector to the mother board.
RESPONSE:
REQUEST FOR ADMISSION NO. 9:
Admit that in resoldering the power connector to the computer motherboard the motherboard of the computer was rendered completely non-functional and must be replaced.
RESPONSE:
REQUEST FOR ADMISSION NO. 10:
Admit that CompUSA suggested this computer could be repaired by resoldering the connector to the computer motherboard.
RESPONSE:
REQUEST FOR ADMISSION NO. 11:
Admit that CompUSA after resoldering the connector has suggested this computer can only be made operable with a new motherboard.
RESPONSE:
Request for Production of Documents
This Request for Production is made for the Defendant to produce the requested documents or tangible things within the possession, custody or control of CompUSA at either CompUSA Store Number 717 located at 9368 North Central Expressway, Dallas, Texas, on the 14th day of October 2004 at five o'clock p.m., or by United States Mail to Defendant's stated address of ______________________________, on or before October 14, 2004.
Data or information that exists in electronic or magnetic form, is also requested and may be produced in either paper format or electronic format.
1. All correspondence between NAME and Comp USA regarding the rebate program identified in the complaint of this matter.
2. All correspondence between NAME and CompUSA regarding an inquiry by the attorney general of the State of Texas into this specific rebate program identified in the complaint of this matter identified in the complaint of this matter
3. All books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in chief at trial.
4. All results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce as evidence in chief at the trial or which were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to that witness' testimony
5. All documents published to the public regarding this rebate program.
6. All documents of CompUSA indicating the purchase of this computer from CompUSA and the repair of this computer from CompUSA.
7. All correspondence between CompUSA and any parties with whom CompUSA contracted regarding the rebate on this computer.
8. All guidelines furnished the computer technicians regarding repairs to Hewlett Packard lap top computers or the make and model presented to CompUSA for repair.
9. The log of all refused rebate applications for the rebate program in question.
[END OF DOCUMENT]
Lee
dallas, Texas
U.S.A.
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