COMMON PLEAS COURT OF OTTAWA COUNTY

OTTAWA COUNTY, OHIO

CITIBANK Case No. 06-CVH-068

Plaintiff,
MOTION TO COMPEL
-vs- PURSUANT TO CIVIL
RULE 36 & 37 AND
REQUESTS FOR COSTS

TIM MCGEE
COUNTERCLAIMANT,

COMES NOW, Tim McGee, counterclaimant in the above titled action,

and according to the Ohio Rules of Civil Procedure Rule 37 for an Order

compelling Plaintiff to respond and forward to counterclaimant answers to

counterclaimant's First Response for Admissions, Interrogatories, and Request

for Production of Documents. The Plaintiff was served these requests with the

initial Counterclaim and had 28 days to respond but has failed to answer. The

Plaintiff requested an additional 30 days to respond which give Plaintiffs counsel

til about March 12th to respond. As of today Plaintiff has not responded.

Rules 36 and 37 of the Ohio Rules of Civil Procedure govern a situation

when a party fails to adequately respond to discovery requests and and also for

sanctions and fees. Civil rule 36(A), Request for Admission, states in part; "If the

court determines that an answer does not comply with requirements of this rule, it

may either order that the matter is admitted or that an amended answer be

served. Civil Rule 37(A)(2), Motion, states in part; "If a deponent fails to answer a

question propounded or submitted under Rule 30 or Rule 31, or a party fails to

answer a question propounded or submitted under Rule 30 or Rule 31, or a party

fails to answer an interrogatory submitted under Rule 33, or if a party, in

response to a request for inspection submitted under Rule 34, fails to respond

that inspection will as requested or fails to permit inspection as requested, the

discovering party may move for an order compelling an answer or an order

compelling inspection in accordance with the request. "

Rule 37 also provides for the award of reasonable expenses in obtaining

the subject Motion. Rule 37(A)(4) states in part that; "If a motion is granted, the

court shall, after opportunity for hearing, require the party or deponent who

opposed the motion to pay to the moving party the fees incurred in obtaining the

order unless the court finds the opposition to the motion substantially justified.

Wherefore , counterclaimant respectfully requests that Court issue and

order instructing the Plaintiff to forward complete answers to all Requests for

admissions, interrogatories, and production of documents within 14 days proper

and complete answers.

RESPECTFULLY SUBMITTED,

TIM L MCGEE

11121 KIMBERLY DRIVE

OAK HARBOR, OHIO

43449
 JUDICIAL NOTICE

Defendant requests that all officers of the court who may come in contact

with this matter are noticed under authority of the supremacy and equal

protection clauses of the United States Constitution and the common law

authorities of Haines v Kerner, 404 U.S. 519-421, Platsky v C.I.A. 953 F.2d. 25,

and Anastasoff v. United States, 223 F.3d 898 (8th Cir.2000). In re Haines: pro se

litigants are held too less stringent pleading standards than bar licensed

attorneys. Regardless of the deficiencies in their pleadings, pro se litigants are

entitled to the opportunity to submit evidence in support of their claims. In re

Platsky: court errs if court dismisses the pro se litigant without instruction of how

pleadings are deficient and how to repair pleadings. In re Anastasoff: litigants’

constitutional rights are violated when courts depart from precedent where

parties are similarly situated.

STATEMENT

Defendant respectfully submits this document to the court, with the belief

that plaintiff's counsel, and therefore plaintiff also, has no intention of following
due process of law, specifically regarding discovery and their refusal to produce

of any and all discovery requests from defendant. Plaintiff has refused to

respond to defendant's good faith requests for disclosure specific and relevant to

defendant's defense. Plaintiff has made only bad faith attempts to resolve their

complaint, seemingly with the intention of bullying and intimidating defendant as

much as possible. Defendant makes these answers to plaintiff's discovery

request in a good faith attempt to follow due process of law and the rules of this

court. Defendant requests the Court take notice of plaintiff's counsel's predatory

and thuggish behavior and respond appropriately.

INTERROGATORY NO. 1:

Identify the person or persons answering these interrogatories.

RESPONSE:

Tim McGee

INTERROGATORY NO. 2:

List any and all charges the Defendant believes to be erroneous, as set

forth in the monthly statementsof account attached as Exhibit "A".

RESPONSE: Defendant disputes the entire debt and denies the

existence of a legal account.

INTERROGATORY NO. 3:

List any and all credits the Defendant believes the Defendant is entitled to

that have not been set forth within Exhibit A. Attach copies of any documents that

relate to the items listed pursuant to the Plaintiff’s First request for Production of
Documents.

RESPONSE:

Defendant disputes the entire debt and denies the existence of a legal

account.

INTERROGATORY NO. 4:

List all payments that defendant has made that Defendant would maintain

have not been set forth within Exhibit A. Attach copies of any documents that

relate the items listed pursuant to Plaintiff’s Request for Production of

Documents.

RESPONSE:

Defendant disputes the entire debt and denies the existence of a legal

account.

INTERROGATORY NO. 5:

In the event the Defendant feels that the balance set forth in Plaintiff’s

accounting is incorrect, set forth, in Defendant’s opinion, the balance that is

determined due and owing to Plaintiff herein.

RESPONSE:

Defendant objects. Defendant denies any amount being owed to Plaintiff

from Defendant.

Defendant denies the existence of a legal account.

INTERROGATORY NO. 6:

Defendant objects. Defendant is without sufficient knowledge to confirm the

authenticity of said documents. Defendant leaves plaintiff to their strictest proof.

INTERROGATORY NO. 7:

As set forth in the cash advance receipts, incorporated herein as exhibit D

if the signature is not that of the Defendant, please describe in detail any report,

claim or complaint with any person, government authority, or entity . Attach any

copies of any documents that support your answer.

RESPONSE:

Defendant objects. Defendant is without sufficeient knowledge to confirm

the authenticity of said documents. Defendant has fully and completely set out

the requested information herein, within his pleadings and discovery responses

and should not be compelled to resubmit the documentation, verbatim, and in its

entirety in order to satisfy this request. Defendant leaves plaintiff to their strictest

proof.

INTERROGATORY NO. 8:

As set forth in exhibit "A", if balance transfers were not authorized by

Defendant, please describe in detail any report, or complaint with any person,

government authority or entity. a

Attach copies of any document that support your response.

RESPONSE:
 Same response as interrogatory #7

INTERROGATORY NO. 9:

If you deny request for admission no. 2 please state in detail the basis of

your denial.

RESPONSE:

Defendant is without sufficient knowledge to confirm the

authenticity of said documents. Defendant leaves plaintiff to their strictest proof.

INTERROGATORY NO. 10: If you deny Request for Admission No. 5, please

state in detail any credits, offsets or deductions which Defendant is entitled to.

Attach copies that support your response.

RESPONSE:

Defendant is entitled to offsets as stated fully and comepletely in Defendant's

pleadings.

INTERROGATORY NO.11:

If you deny Request for Admission No. 7, please state in detail what you

believe the terms and conditions of the credit card agreement are. Attach copies

of any documents that support your response.

RESPONSE:

Defendant objects. There are no terms or conditions on an ultra vires

credit card.
Dated this ____ day, of the month of _______________, 2005

_____________________________________
Tim McGee
11121 W. Kimberly Drive
Oak Harbor, OH 43449
419-898-6258
 VERIFICATION OF Tim McGee

I, Tim McGee, am of the age of majority and competent to make this

verification and declare as follows:

I am named as the defendant in the above-entitled matter and have first

hand knowledge of events filed in this matter.

I have read the foregoing DEFENDANT’S RESPONSES TO

PLAINTIFF’S FIRST REQUEST FOR INTERROGATORIES, and know the facts
therein stated to be true and correct.

I declare, under penalty of perjury, pursuant to the Laws of the United

States of America that the foregoing is true and correct to the best of my
knowledge and belief.

Executed this the _______day, of ______________, 2005, in the city of

_____________________, county of and the state of
_____________________.

___________________________________
Tim McGee
11121 W. Kimberly Drive
Oak Harbor, OH 43449
419-898-6258
 NOTARY

_____________________ State

County

On this day appeared personally before me Affiant, Tim McGee, who

under oath attests to the truth of the aforementioned DEFENDANT’S
RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR INTERROGATORIES,
and is hereby acknowledged by me to be the individual(s) described herein, and
signed and dated the same as his free and voluntary act and deed, for the uses
and purposes therein mentioned.

Given under my hand and seal of office this ______ day of _______________,
2005.

My commission expires:

__________________________
Notary Public
 CERTIFICATE OF MAILING

I certify that a true and correct copy of the foregoing DEFENDANT'S/

COUNTERCLAIMANT'S MOTION TO COMPEL, was forwarded, this the ___

day of , 2006, postage prepaid, via U.S. Mail, to the following counsel of

record:

Teresa Fortunato
Lakeside Place, Suite 200
323 West Lakeside Avenue
Cleveland, OH 44113

__________________________________
Tim McGee
11121 W. Kimberly Drive
Oak Harbor, OH 43449
419-898-6258