witnesses - both current litigants in the state court companion case and by at least oneindependent witness.
affidavit attached as Exhibit 1.2.
In order to prove his case, the plaintiff has gone to great lengths to obtain thenecessary cell phone records and cell phones to confirm these text messages’ existence.3.
No cell phone records from Mr. Natale, Mr. Zardenetta, or Ms. Baxley have been produced by Wells Fargo to-date. Instead, Wells Fargo has fought every effort by the plaintiff toobtain these individuals’ cell phones or cell phone records.
letter dated January 8, 2013attached as Exhibit 2 and Motion to Quash attached as Exhibit 3.4.
As for Wendy Baxley, the plaintiffs sent her an evidence preservation letter onAugust 22, 2012 requesting that the text message from Brian Natale as well as other cell phonerecords be preserved.
letter attached as Exhibit 4. A preservation letter was sent not only toBaxley, but also to Wells Fargo District Manager Scott Zardenetta and Well Fargo CorporateSecurity Officer Chuck Owens.
letters attached as Exhibit 5.5.
The plaintiffs in a companion state court case issued subpoenas from the SouthCarolina Court of Common Pleas, Beaufort County to Wendy Baxley on November 12, 2012.
subpoena attached at Exhibit 6. The state court plaintiffs served a second subpoena onDecember 27, 2012 for the same records.
subpoena attached as Exhibit 7. Instead of responding to those subpoenas, Baxley wrote plaintiffs’ counsel stating that she had nodocuments or information.
letter from Baxley attached as Exhibit 8.6.
The plaintiff served discovery requests on Wells Fargo on January 9, 2013requesting all electronic communications between Zardenetta, Natale, and Baxley. Wells Fargo produced no text messages in response to this request and instead objected to the request asoverly broad and unduly burdensome and, among other things, on grounds that it sought
9:12-cv-03641-SB Date Filed 09/13/13 Entry Number 32-1 Page 2 of 14