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situated, as a private attorney general; Plaintiff, Case No. 000000 -vE !"#A$ "N#%&MA'"%N (E&)"CE( **C; et al., +efendants. PLAINTIFF’S RESPONSE TO DEFENDANT REGIONS BANK’S MOTION TO ABSTAIN OR STAY COURT PROCEEDINGS, AND COMPEL ARBITRATION Plaintiff, Name, hereby responds to +efendant &egions ,an-.s Motion to Abstain or (tay Court Pro/eedings, and Compel Arbitration, and states0 1. Plaintiff has never had an arbitration agreement of any sort 2ith &egions and &egions has failed to prove other2ise. Plaintiff utterly re3e/ts &egions. false /laims. 4. 'he alleged do/umentation atta/hed to the motion appears to have been fabri/ated by &egions and5or its attorney. 'here is absolutely no verifi/ation of its authenti/ity by any representative of &egions. A &egions employee /ould have filed an affidavit attesting to the truth of these matters but failed to do so. 6. 'he alleged arbitration agreements in &egions. E7hibits 8C9 and 8+9 do not appear to mention either party, neither &egions nor Plaintiff. 'hey appear to be generi/ arbitration provisions that /ould have /ome from any2here. 'hey have absolutely no appli/ation to this /ase. Plaintiff has never seen these alleged agreement e7/erpts before and 2as not provided 2ith them 2hen opening an a//ount 2ith &egions. :. &egions. e7hibits 8C9 and 8+9 are in/omplete and undated. Complete versions /ould have provisions /ontradi/ting the alleged arbitration re;uirements. 'hey /ould also sho2 that the agreements 2ere not valid at the time that Plaintiff opened his &egions a//ount or even sho2 that they /ame from a /ompletely different /ompany. 'here is no e7planation for &egions. failure to in/lude the entire alleged agreements. <. Plaintiff has never agreed to arbitrate any dispute 2ith &egions. "f he had -no2n that &egions intended to enter into su/h an agreement, Plaintiff 2ould have spe/ifi/ally re3e/ted any
arbitration provision. =o2ever, Plaintiff never had any -no2ledge that &egions /laimed to have done so until he read &egions. motion. Plaintiff is 2ell a2are that arbitration is a s/am designed in almost all /ases to dispose of any /laims, no matter ho2 valid, to the benefit of a /ompany that provides a signifi/ant amount of money to the arbitration /ompany. ,y no2 &egions must be 2ell a2are that it violated the #air Credit &eporting A/t and /learly does not 2ish this fa/t to be ad3udi/ated in a fair pro/eeding. >. Plaintiff did not apply for a /he/-ing a//ount 2ith &egions on or about ?uly 11, 400>. =e did apply for an a//ount 2ith Am(outh ,an- at this time. 'hat a//ount 2as /losed at the time of the alleged violations of la2 by &egions. &egions /laim that Plaintiff 8has maintained at least one @1A /he/-ing a//ount 2ith &egions at all times material hereto9 is demonstrably false. B. 'hree of the four hard in;uiries of Plaintiff.s /redit report that &egions initiated o//urred before he obtained the &egions a//ount referen/ed in its motion. 'herefore, even if a later arbitration agreement 2as made, it /ould not retroa/tively apply to these earlier a/tions. C. Even if there 2ere an arbitration agreement bet2een Plaintiff and &egions, it 2ould not apply to the present /laim. 'hose /laims do not relate to 8D.any a//ount, any transa/tion or your business, intera/tion or relationship 2ith us.9 Plaintiff had no a//ount or relationship of any -ind 2ith &egions at the time it pulled his /redit, has never applied for /redit 2ith &egions, and had no advan/ed -no2ledge of &egions. a/tions. E. "t appears that &egions is ma-ing the absurd /laim that any imaginable /laim 2hatsoever by Plaintiff 2ould have to be arbitrated. #or e7ample, &egions 2ould li-ely /laim that if an into7i/ated employee of &egions 2ho 2as driving one of its vehi/les ran a red light and stru/- Plaintiff.s vehi/le and in3ured him, Plaintiff 2ould not be able to sue &egions but 2ould have to submit to a losing /ase of arbitration. (u/h an un/ons/ionable provision 2ould be invalid on its fa/e. 10. Plaintiff 2as not served 2ith &egions. motion. =e /ame a/ross the motion by a//ident 2hen a//essing PACE&. =e informed Mr. Feinman of this fa/t on or about Mar/h 61, 4010. Plaintiff as-ed Mr. Feinman to serve him 2ith the motion by mail, and Mr. Feinman agreed to do so. Plaintiff is still 2aiting on this servi/e. 'herefore the motion should be denied for &egions repeated 2illful failure to serve Plaintiff. 11. &egions. attorney, &i/hard ,. Feinman, did not /onfer or even attempt to /onfer 2ith Plaintiff before or after filing &egions. motion. 'herefore the motion should be denied for his violation of *o/al &ule 6.01@gA. F=E&E#%&E, Plaintiff re;uests that the Court deny &egions ,an-.s Motion to Abstain or (tay Court Pro/eedings, and Compel Arbitration. +ated0 April 14, 4010 &espe/tfully submitted,
Name (treet Address City, (tate Gip Phone H CERTIFICATE OF SERVICE " =E&E,I CE&'"#I that a true and /orre/t /opy of the foregoing has been delivered this 14th day of April, 4010 by !.(. Mail delivery to0 &i/hard ,. Feinman Finder2eedle, =aines, Fard J Foodman, P.A. P.%. ,o7 16E1 %rlando, #* 64C04 +ale '. Kolden Kolden J (/aL, P**C 414: F. Mennedy ,oulevard, (uite A 'ampa, #* 66>0> +ayle M. )an =oose (essions, #ishman, Nathan J "srael, *.*.P. 66<0 ,us/h2ood Par- +rive, (uite 1E< 'ampa, #* 66>1C (amantha &. Po2ers #oley J *ardner **P 111 N. %range Avenue, (uite 1C00 %rlando, #* 64C01 (tanley ,. Ers-ine 'he *a2 %ffi/es of Ers-ine J #leisher << Feston &oad, (uite 600 #ort *auderdale, #* 6664> ?oseph E. #oster A-erman (enterfitt P.%. ,o7 461 :40 (. %range Avenue, (uite 1400 %rlando, #* 64C04 ?ason +aniel ?offe (;uire, (anders J +empsey *.*.P. 1E00 Phillips Point Fest BBB (. #lagler +rive
Fest Palm ,ea/h, #* 66:01 &a/hael M. Cre2s Kray&obinson, P.A. P.%. ,o7 60>C %rlando, #* 64C04 ,rian +. +egailler ,roussard, Cullen J +eKailler, P.A. ::< F. Colonial +rive %rlando, #* 64C0: Kary ?. *ublin 10E E. Chur/h (treet <ft #loor P.%. ,o7 61:> %rlando, #* 64C04
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNN Name (treet Address City, (tate Gip Phone H