Court filing

Exhibit 19 Pls. Response to RFPs — Marshall v. Prestamos CDFI, LLC (Dkt. 142-24, E.D. Pa. No. 5:21-cv-04337)

Filed October 4, 2024 in Marshall v. Prestamos CDFI, LLC; one of 344 filings from this case.

Record facts

Court	U.S. District Court for the Eastern District of Pennsylvania
Filed	2024-10-04

U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 142-24 · 2024-10-04 · Docket on CourtListener

Full text

Ex. 19 – Plaintiffs’ Responses and Objections to
Prestamos’s First Requests for Production of
Documents

Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 1 of 26

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ALICIA MARSHALL, DANIEL
PRONSKY, PARIS TOWNSEND,
NANCILEE HOLLAND, LEONA
OWSLEY, KOLAWOLE AHMADOU,
KIANA DERVIN, KRISTINA
HENDERSON, DUSTIN INNIS, KELLY
STALNAKER and JAMIE JONES,
individually and on behalf of all others
similarly situated,

Defendants.

Civil Action No. 5:21-cv-04337-JMG

PLAINTIFFS’ RESPONSES AND OBJECTIONS TO

Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Plaintiffs respond
and object to Defendant Prestamos CDFI, LLC’S First Requests for Production of Documents as
follows.
General Objections
1.
Plaintiffs object to each Request to the extent that it purports to require Plaintiffs
to produce any documents or information that are not relevant to any party’s claim or defense or
that is not proportional to the needs of the case, considering the importance of the issues at stake
in the action, the amount in controversy, the parties’ relative access to relevant information, the
parties’ resources, the importance of the discovery in resolving the issues, and whether the
burden or expense of the proposed discovery outweighs its likely benefit.
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 2 of 26

2.
Plaintiffs object to each Request to the extent that it seeks documents not in
Plaintiffs’ possession, custody, or control. Any such Request is overly broad and unduly
burdensome and inconsistent with the obligations imposed by the Federal Rules of Civil
Procedure. Plaintiffs do not intend to search for or produce documents or information that are in
the possession of any third party as such discovery would be “unreasonably cumulative or
duplicative” and the “burden or expense of [any such] proposed discovery would outweigh its
likely benefit.” Fed. R. Civ. P. 26(b)(2). Plaintiffs will only provide information that is in their
possession, custody, or control.
3.
Plaintiffs object to each Request as imposing an undue burden to the extent that it
calls for documents that are in the public domain, are otherwise equally available to Defendants,
or were already produced to Defendants or Defendant Prestamos’s PPP agent Blueacorn pursuant
to the PPP application process, and which therefore are or should be in Defendants’ possession,
custody, or control.
4.
Plaintiffs object to each Request to the extent that it is unreasonably cumulative or
duplicative, or seeks information obtainable from other sources that are more convenient, less
burdensome, or less expensive.
5.
Plaintiffs object to each Request to the extent that it purports to require Plaintiffs
to produce “any” or “all” documents or data responsive to the specific Request. Where Plaintiffs
agree to produce documents in response to these Requests, Plaintiffs will produce non-
duplicative documents that can be located after a reasonably diligent search.
6.
Plaintiffs object to each Request to the extent that the descriptions of the
documents sought are vague, ambiguous, and/or not specified with reasonable particularity.
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 3 of 26

7.
Plaintiffs object to each Request to the extent that it purports to require Plaintiffs
to create documents not currently in existence.
8.
Plaintiffs object to each Request to the extent it seeks information protected by
privilege, including the attorney-client privilege, work product immunity doctrine, common
interest privilege, the mediation privilege, or other applicable privileges, immunities, or
restrictions on discovery. Any inadvertent production of any document shall not constitute a
waiver of any such privilege, exemption, or protection, either as to such document itself or any
information or subjects contained therein. Plaintiffs reserve their right to demand the return of,
and destruction of any copies of, any inadvertently produced material subject to any such
privilege, exemption, or protection, subject to any procedures specified in any order entered in
this action.
9.
Plaintiffs object to each Request to the extent that it purports to require Plaintiffs
to produce any electronically stored information that is not readily accessible without incurring
an undue burden or cost.
10.
Plaintiffs object to each Request as premature to the extent it purports to call for
the facts or data that will be considered by expert witnesses or materials that will be the subject
of expert discovery in connection with class certification and trial, and/or materials such as trial
exhibits that will be the subject of disclosures at a later point in the litigation. Plaintiffs will
produce any such materials as required by, and in the time and manner specified by, the
applicable Federal and Local Civil Rules of this Court and Court scheduling orders.
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 4 of 26

Objections to Definitions and Instructions
1.
Plaintiffs object to each Definition and Instruction to the extent that it purports to
impose any obligations on Plaintiffs in responding to these Requests beyond the requirements of
the Federal Rules of Civil Procedure and/or Local Civil Rules of this Court.
2.
Plaintiffs object to Defendant’s definitions of “You” and “Your” as overly broad,
unduly burdensome, vague, ambiguous, not reasonably calculated to lead to the discovery of
admissible evidence and as they seek to impose any obligation on Plaintiffs beyond the scope of
discovery authorized by the Federal Rules of Civil Procedure and/or Local Civil Rules of this
Court, including the extent to which the definitions of “You” and “Your” incorporate Plaintiffs’
“attorneys, representatives, and any other Persons or entities, acting or purporting to act on
behalf of You, whether past or present and without regard to whether their relationship currently
exists or has been terminated.”
3.
Plaintiffs object to Defendants’ definitions of “Communication[s]” as overly
broad, unduly burdensome, vague, ambiguous, and to the extent that it seeks to impose any
obligation on Plaintiffs beyond the scope of discovery authorized by the Federal Rules of Civil
Procedure and/or Local Civil Rules of this Court.
4.
Plaintiffs object to Defendant’s definitions and to the Relevant Time Period to the
extent they purport to impose any obligations on Plaintiffs in responding to these Requests
beyond the requirements of the Federal Rules of Civil Procedure.
General Statements
1.
Plaintiffs’ responses and objections are based on the information presently known
to them. Plaintiffs reserve the right to amend and/or supplement their responses and/or
objections.
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 5 of 26

2.
No statement that Plaintiffs will produce documents or information in response to
the Requests shall be deemed a representation that such documents or information exist.
Plaintiffs reserve the right to object to the use by Defendants or any non-party of any documents
produced in response to these Requests, including to the introduction of the documents into
evidence in this case.
3.
Plaintiffs reserve the right to object to the use by Defendants or any non-party of
any documents produced in response to these Requests, including to the introduction of the
documents into evidence in this case.
Objections and Responses to Specific Requests

REQUEST NO. 1:

All Documents sufficient to show that You owned that [sic] business You identified as
the loan applicant on Your Loan Documents.
RESPONSE TO REQUEST NO. 1:

All Documents sufficient to show the federal, state, and local licenses or permits held by
Your Business, such as business activity licenses, retail or seller’s licenses, rental licenses,
professional licenses, trade licenses, health-related licenses, and safety certifications.

RESPONSE TO REQUEST NO. 2:

only to the extent that such documents were not already produced to Prestamos or Blueacorn
pursuant to the SBA’s approval of Plaintiffs’ PPP loans.
REQUEST NO. 3:

All of Your state and federal tax returns filed for each tax year from 2018 through the
present, including but not limited to Schedule C (Form 1040).

RESPONSE TO REQUEST NO. 3:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Subject to and without waiving the
foregoing objections, Plaintiffs will search for and produce documents responsive to this Request
only to the extent that such documents were not already produced to Prestamos or Blueacorn
pursuant to the SBA’s approval of Plaintiffs’ PPP loans only to the extent that the SBA’s
approval of Plaintiffs’ PPP loans.
REQUEST NO. 4:

All Documents relating to Your Business that You used or referenced to complete Your
state and federal tax returns for each tax year from 2018 through the present, including but not
limited to all Documents from which you derived information on Schedule C (Form 1040) and
all other tax schedules.

RESPONSE TO REQUEST NO. 4:

not already produced to Prestamos or Blueacorn pursuant to the SBA’s approval of Plaintiffs’
PPP loans.
REQUEST NO. 5:

All Documents (including handwritten notes) reflecting or relating to Communications
between You and Prestamos relating to the PPP, including but not limited to PPP rules,
guidelines, and Qualification Criteria, the disbursement or attempted disbursement of PPP funds,
the rejection of any attempted disbursement of PPP funds, and Your PPP loan and loan
application with Prestamos.

RESPONSE TO REQUEST NO. 5:

Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. In addition, Plaintiffs specifically
object to this Request to the extent it calls for documents that are already in the possession,
custody, or control of Defendants. Subject to and without waiving the foregoing objections,
Plaintiffs will search for and produce documents responsive to this Request, to the extent that
any exist.
REQUEST NO. 6:

All Documents reflecting or relating to Communications between You and the SBA
relating to the PPP, including but not limited to PPP rules, guidelines, and Qualification Criteria,
the disbursement or attempted disbursement of PPP funds, the rejection of any attempted
disbursement of PPP funds, and Your PPP loan and loan application with Prestamos.

RESPONSE TO REQUEST NO. 6:

REQUEST NO. 7:

All Documents reflecting or relating to Communications between You and Blueacorn
relating to the PPP, including but not limited to PPP rules, guidelines, and Qualification Criteria,
the disbursement or attempted disbursement of PPP funds, the rejection of any attempted
disbursement of PPP funds, and Your PPP loan and loan application with Prestamos.

RESPONSE TO REQUEST NO. 7:

All Documents reflecting or relating to Communications between You and Your
Designated Financial Institution(s) relating to the PPP, including but not limited to PPP rules,
guidelines, and Qualification Criteria, the disbursement or attempted disbursement of PPP funds,
the rejection of any attempted disbursement of PPP funds, and Your PPP loan and loan
application with Prestamos.

RESPONSE TO REQUEST NO. 8:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Subject to and without waiving the
foregoing objections, Plaintiffs will search for and produce documents responsive to this
Request, to the extent that any exist.
REQUEST NO. 9:

All Documents reflecting or relating to Communications regarding Your efforts to
comply with requests to re-verify or confirm Your eligibility for Your PPP loan after You did not
received [sic] Your PPP loan, including after Your Designated Financial Institution(s) rejected
any attempted disbursement of PPP funds.

Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 9 of 26

RESPONSE TO REQUEST NO. 9:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Subject to and without waiving the
foregoing objections, Plaintiffs will search for and produce documents responsive to this Request
to the extent that any exist.
REQUEST NO. 10:
All IRS Income Verification Express Service (IVES) Form 4506-C documents signed by
You relating to tax years 2018, 2019, 2020, and 2021, including All Communications with third-
parties regarding those documents.

RESPONSE TO REQUEST NO. 10:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs specifically object to this
Request to the extent that is not proportional to the needs of the case, considering the importance
of the issues at stake in the action, the parties’ resources, the importance of the discovery in
resolving the issues, and whether the burden or expense of the proposed discovery outweighs its
likely benefit. Subject to and without waiving the foregoing objections, Plaintiffs will search for
and produce documents responsive to this Request only to the extent that such documents were
not already produced to Prestamos or Blueacorn pursuant to the SBA’s approval of Plaintiffs’
PPP loans.
REQUEST NO. 11:

All Documents relating to any unemployment benefits, disability benefits, retirement
benefits, pension benefits or worker’s compensation benefits that You received during the
Relevant Time Period, including but not limited to Documents sufficient to show the type of
benefit, payer of the benefit, the monthly amount, how long You have received the benefit, and
the reasons(s) for receiving the benefit.

Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 10 of 26

RESPONSE TO REQUEST NO. 11:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs specifically object to this
Request to the extent that is not proportional to the needs of the case, considering the importance
of the issues at stake in the action, the parties’ resources, the importance of the discovery in
resolving the issues, and whether the burden or expense of the proposed discovery outweighs its
likely benefit. Subject to and without waiving the foregoing objections, Plaintiffs are willing to
meet and confer with Defendant Prestamos regarding this request.
REQUEST NO. 12:
All Documents reflecting or relating to Communications You posted to or otherwise
caused to appear on Social Media Platforms relating to the PPP, including but not limited to PPP
rules, guidelines, and Qualification Criteria, the disbursement or attempted disbursement of PPP
funds, the rejection of any attempted disbursement of PPP funds, Your PPP loan and loan
application with Prestamos.

RESPONSE TO REQUEST NO. 12:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Subject to and without waiving the
foregoing objections, Plaintiffs are willing to meet and confer with Defendant Prestamos
regarding this request.
REQUEST NO. 13:

All Documents reflecting or relating to Communications between You and any Consumer
Advocacy Organizations relating to the PPP, including but not limited to PPP rules, guidelines,
and Qualification Criteria, the disbursement or attempted disbursement of PPP funds, the
rejection of any attempted disbursement of PPP funds, and Your PPP loan and loan application
with Prestamos.

Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 11 of 26

RESPONSE TO REQUEST NO. 13:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Subject to and without waiving the
foregoing objections, Plaintiffs are willing to meet and confer with Defendant Prestamos
regarding this request.
REQUEST NO. 14:
All Documents relating to Your decision to, on Your Loan Documents, direct Prestamos
and/or Blueacorn to fund your PPP loan via deposit into a Designated Account at a Designated
Financial Institution or via loading of a Dash Card.

RESPONSE TO REQUEST NO. 14:

All Documents reflecting or relating to any Communications by which You directed, or
attempted to direct, Prestamos and/or Blueacorn to modify the method via which Your PPP loan
should be funded.

RESPONSE TO REQUEST NO. 15:

REQUEST NO. 16:
All Documents relating to Your understanding, interpretation, and/or reliance upon the
Release of Lender Paragraph in the promissory note You executed as part of Your Loan
Documents.

RESPONSE TO REQUEST NO. 16:

Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs’ specifically object to this
Request to the extent it seeks information protected by privilege, including the attorney-client
privilege, work product immunity doctrine, or common interest privilege. Subject to and without
waiving the foregoing objections, Plaintiffs are willing to meet and confer with Defendant
Prestamos regarding this request.
REQUEST NO. 17:

All Documents relating to the impact of COVID-19 on Your operations and financial
condition, including but not limited to the following:

a. Any employee terminations, layoffs, furloughs, reductions in hours, or reductions
in benefits that You implemented as a result of COVID-19;
b. Any contracts or agreements to which You were a party that were terminated,
renegotiated, or not renewed as a result of COVID-19;
c. Any potential contracts or agreements that You were considering or attempting to
execute that were lost as a result of COVID-19; and
d. Any increases or decreases in Your income, costs, expenses, revenues, profits,
cash flow, capital, loans, liens, collateral, lines of credit, equity, debt, financings,
accounts receivable, accounts payable, investments, or profit margins as a result
of COVID-19.
RESPONSE TO REQUEST NO. 17:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs specifically object to this
Request to the extent that is not proportional to the needs of the case, considering the importance
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 13 of 26

of the issues at stake in the action, the parties’ resources, the importance of the discovery in
resolving the issues, and whether the burden or expense of the proposed discovery outweighs its
likely benefit. Subject to and without waiving the foregoing objections, Plaintiffs will search for
and produce documents responsive to this Request only to the extent that such documents were
not already produced to Prestamos or Blueacorn pursuant to the SBA’s approval of Plaintiffs’
PPP loans.
REQUEST NO. 18:

All Documents relating to Your PPP Loan Application(s), including all Documents that
You submitted as part of their PPP Loan Application(s) (including any Documents submitted in
response to supplemental document requests) and all Documents that You referred to or relied on
in the course of preparing its [sic] PPP Loan Application(s).

RESPONSE TO REQUEST NO. 18:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. In addition, Plaintiffs specifically
object to this Request to the extent it calls for documents that are already in the possession,
custody, or control of Defendants. Subject to and without waiving the foregoing objections,
Plaintiffs are willing to meet and confer with Defendant Prestamos regarding this request.
REQUEST NO. 19:

All Documents sufficient to show that You satisfied all Qualification Criteria for the PPP
loan You applied for from Prestamos.

RESPONSE TO REQUEST NO. 19:

only to the extent that such documents were not already produced to Prestamos or Blueacorn
pursuant to the SBA’s approval of Plaintiffs’ PPP loans.
REQUEST NO. 20:

Documents sufficient to show that You submitted all Documents that Prestamos and/or
Blueacorn requested each PPP loan applicant to provide, including Documents that were
required for Your PPP Loan Application as well as requests by Prestamos and/or Blueacorn for
any additional documents and/or information.

RESPONSE TO REQUEST NO. 20:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. In addition, Plaintiffs specifically
object to this Request to the extent it calls for documents that are already in the possession,
custody, or control of Defendants or Defendant Prestamos’s agent Blueacorn. Subject to and
without waiving the foregoing objections, Plaintiffs will search for and produce documents
responsive to this Request, to the extent that any exist.
REQUEST NO. 21:

All Documents concerning the financial operations of Your Business, including without
limitation Your sources of funding, financial condition, profit and loss (P&L) statements,
balance sheets, revenues, expenses, costs, profits, cash flow, capital, loans, liens, collateral, lines
of credit, equity, debt, financings, accounts receivable, accounts payable, investments, profit
margins, bank accounts, and bank statements.

RESPONSE TO REQUEST NO. 21:

documents that are already in the possession, custody, or control of Defendants. Subject to and
without waiving the foregoing objections, Plaintiffs will search for and produce documents
responsive to this Request only to the extent that such documents were not already produced to
Prestamos or Blueacorn pursuant to the SBA’s approval of Plaintiffs’ PPP loans.
REQUEST NO. 22:
All Documents relating to Your Gross Receipts, including but not limited to all bank
statements for Your Business and invoices issued by You.

RESPONSE TO REQUEST NO. 22:

Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs specifically object to this
Request to the extent that is not proportional to the needs of the case, considering the importance
of the issues at stake in the action, the parties’ resources, the importance of the discovery in
resolving the issues, and whether the burden or expense of the proposed discovery outweighs its
likely benefit. In addition, Plaintiffs specifically object to this Request to the extent it calls for
documents that are already in the possession, custody, or control of Defendants. Subject to and
without waiving the foregoing objections, Plaintiffs will search for and produce documents
responsive to this Request only to the extent that such documents were not already produced to
Prestamos or Blueacorn pursuant to the SBA’s approval of Plaintiffs’ PPP loans.
REQUEST NO. 23:
All Documents relating to Your Payroll Costs, including but not limited to paystubs,
paychecks, bank statements, accounting diaries, or other record(s) of payment.

RESPONSE TO REQUEST NO. 23:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs specifically object to this
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 16 of 26

Request to the extent that is not proportional to the needs of the case, considering the importance
of the issues at stake in the action, the parties’ resources, the importance of the discovery in
resolving the issues, and whether the burden or expense of the proposed discovery outweighs its
likely benefit. Subject to and without waiving the foregoing objections, Plaintiffs will search for
and produce documents responsive to this Request only to the extent that such documents were
not already produced to Prestamos or Blueacorn pursuant to the SBA’s approval of Plaintiffs’
PPP loans.
REQUEST NO. 24:
All Documents relating to, if any, Your covered operations expenditures, covered
property damage costs, covered supplier costs, covered worker protection expenditures, or other
expenditures that served as the basis of Your PPP Loan Application.

RESPONSE TO REQUEST NO. 24:

Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs specifically object to this
Request to the extent that is not proportional to the needs of the case, considering the importance
of the issues at stake in the action, the parties’ resources, the importance of the discovery in
resolving the issues, and whether the burden or expense of the proposed discovery outweighs its
likely benefit. Subject to and without waiving the foregoing objections, Plaintiffs will search for
and produce documents responsive to this Request. only to the extent that such documents were
not already produced to Prestamos or Blueacorn pursuant to the SBA’s approval of Plaintiffs’
PPP loans.
REQUEST NO. 25:
All bank statements, credit card statements, investment account statements, and other
account statements showing transaction-level income and expenditures for Your Business during
the Relevant Time Period.

Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 17 of 26

RESPONSE TO REQUEST NO. 25:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs specifically object to this
Request to the extent that is not proportional to the needs of the case, considering the importance
of the issues at stake in the action, the parties’ resources, the importance of the discovery in
resolving the issues, and whether the burden or expense of the proposed discovery outweighs its
likely benefit. Subject to and without waiving the foregoing objections, Plaintiffs will search for
and produce documents responsive to this Request only to the extent that such documents were
not already produced to Prestamos or Blueacorn pursuant to the SBA’s approval of Plaintiffs’
PPP loans.
REQUEST NO. 26:
All Documents concerning Your business plans, forecasts, projections, or analyses.
RESPONSE TO REQUEST NO. 26:

Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs specifically object to this
Request to the extent that is not proportional to the needs of the case, considering the importance
of the issues at stake in the action, the parties’ resources, the importance of the discovery in
resolving the issues, and whether the burden or expense of the proposed discovery outweighs its
likely benefit. Subject to and without waiving the foregoing objections, Plaintiffs will search for
and produce documents responsive to this Request only to the extent that such documents were
not already produced to Prestamos or Blueacorn pursuant to the SBA’s approval of Plaintiffs’
PPP loans.
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 18 of 26

REQUEST NO. 27:

All Documents relating to any loans, cash advances, sales of accounts receivable, or other
financial products or arrangements that You obtained, or considered obtaining, subsequent to the
date You submitted their [sic] PPP Loan Application to Prestamos, including but not limited to
all Documents You submitted as part of an application and all Documents that You referred to or
relied on in the course of preparing any applications.
RESPONSE TO REQUEST NO. 27:

Documents sufficient to show the number of employees on Your payroll (if any), by
month, for each month from January 1, 2019 to the present.
RESPONSE TO REQUEST NO. 28:

All Documents related to the allegations in Paragraphs 120, 141, 155, 164, 173, 182, 191,
203, 212, and 224 of the Complaint that Prestamos’s alleged “failure to fund” each Plaintiff’s
SBA-approved PPP loan “deprived [You] of funds that would have directly assisted in the
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 19 of 26

operation of [Your] [type of] business and resulted in lost opportunities and other consequential
damages.”
RESPONSE TO REQUEST NO. 29:

All Documents related to the allegation in Paragraph 229 of the Complaint that
“Prestamos has belatedly sought to fund certain class member borrowers following the filing of
plaintiffs’ original complaint on October 1, 2021.”
RESPONSE TO REQUEST NO. 30:

Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Subject to and without waiving the
foregoing objections, Plaintiffs will search for and produce documents responsive to this
Request.
REQUEST NO. 31:
All Documents relating to any existing or potential business relationships that You allege
were affected by Prestamos’s alleged failure to fund Your SBA-approved PPP loan, including
but not limited to the following:
a. Any contract or potential contracts between You and any existing or potential
business partners, including any Communications or negotiations concerning the
same;
b. Your costs, expenses, revenues, profits, and profit margins for each existing or
potential business relationship You allege was affected by Prestamos’s alleged
failure to fund Your SBA-approved PPP loan; and
c. Any Communications between You and any existing or potential business
partners regarding Your financial condition, including the impact, if any, of
Prestamos’s alleged failure to fund Your SBA-approved PPP loan.
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 20 of 26

RESPONSE TO REQUEST NO. 31:

All Documents relating to any effort by Prestamos or any other entity to induce,
persuade, or require You to “repay funds [You] never received,” as alleged in Paragraph 121.
RESPONSE TO REQUEST NO. 32:

All Documents relating to any claim or investigation, actual or threatened, against You
relating to any affirmation(s) that You made in a PPP loan application.
RESPONSE TO REQUEST NO. 33:

REQUEST NO. 34:

All Documents concerning Your purported damages caused by Prestamos, including all
Documents You intend to rely upon to prove the claims You have alleged against Prestamos.
RESPONSE TO REQUEST NO. 34:

Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs further object to this
Request to the extent that it seeks information protected by privilege, including the attorney-
client privilege, work product immunity doctrine, common interest privilege, the mediation
privilege, or other applicable privileges, immunities, or restrictions on discovery. Plaintiffs
further object to this Request as it calls for communications between Plaintiffs’ counsel and
experts retained by Plaintiffs’ counsel, or for the facts or data that will be considered by
testifying expert witnesses prior to the required disclosure of such materials. Plaintiffs will
produce expert materials for testifying experts as required by and in the time and manner
specified by the applicable Federal and Local Civil Rules of this Court and Court scheduling
orders. Subject to and without waiving the foregoing objections, Plaintiffs will search for and
produce documents responsive to this Request.
REQUEST NO. 35:

All Documents You intend to rely upon to prove or establish any element of any claim
that You have or intend to assert in this Action.
RESPONSE TO REQUEST NO. 35:
Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs further object to this
Request to the extent that it seeks information protected by privilege, including the attorney-
client privilege, work product immunity doctrine, common interest privilege, the mediation
privilege, or other applicable privileges, immunities, or restrictions on discovery. Plaintiffs
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 22 of 26

further object to this Request as it calls for communications between Plaintiffs’ counsel and
experts retained by Plaintiffs’ counsel, or for the facts or data that will be considered by
testifying expert witnesses prior to the required disclosure of such materials. Plaintiffs will
produce expert materials for testifying experts as required by and in the time and manner
specified by the applicable Federal and Local Civil Rules of this Court and Court scheduling
orders. Subject to and without waiving the foregoing objections, Plaintiffs will search for and
produce documents responsive to this Request.
REQUEST NO. 36:

All Documents shown to any testifying expert retained by You in connection with this
Action.
RESPONSE TO REQUEST NO. 36:

Plaintiffs incorporate by reference each General Objection and Objection to Definitions
and Instructions into its specific objections to this Request. Plaintiffs further object to this
Request to the extent that it seeks information protected by privilege, including the attorney-
client privilege, work product immunity doctrine, common interest privilege, the mediation
privilege, or other applicable privileges, immunities, or restrictions on discovery. Plaintiffs
further object to this Request as it calls for communications between Plaintiffs’ counsel and
experts retained by Plaintiffs’ counsel, or for the facts or data that will be considered by
testifying expert witnesses prior to the required disclosure of such materials. Plaintiffs will
produce expert materials for testifying experts as required by and in the time and manner
specified by the applicable Federal and Local Civil Rules of this Court and Court scheduling
orders.
REQUEST NO. 37:
All Documents listed or referenced in Plaintiffs’ Rule 26(a)(1) Initial Disclosures.
Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 23 of 26

RESPONSE TO REQUEST NO. 37:

All Documents You relied on, considered, or reviewed to answer Prestamos’s First Set of
Interrogatories to Plaintiffs.
RESPONSE TO REQUEST NO. 38:

All Documents cited in Plaintiffs’ answers to Prestamos’s First Set of Interrogatories to
Plaintiffs.
RESPONSE TO REQUEST NO. 39:

Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 24 of 26

Dated: August 21, 2023
Bailey & Glasser LLP

By: /s/ Bart D. Cohen

Lawrence J. Lederer
Bart D. Cohen
1622 Locust Street
Philadelphia, PA 19103
T: (215) 274-9420
F: (202) 463-2103
llederer@baileyglasser.com
bcohen@baileyglasser.com

Bailey & Glasser LLP
Michael L. Murphy (pro hac vice)
1055 Thomas Jefferson St., NW, Suite 540
Washington, DC 20007
T: (202) 463-2101
F: (202) 463-2103
mmurphy@baileyglasser.com
Nolan Heller Kauffman LLP
Justin A. Heller (pro hac vice)
Matthew M. Zapala (pro hac vice)
80 State Street, 11th Floor
mzapala@nhkllp.com

Attorneys for Plaintiffs and the
Proposed Class and Subclasses

Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 25 of 26

Certificate of Service

I hereby certify that a copy of the foregoing document was served on all counsel of
record on August 21, 2023 via electronic mail, in accordance with the Federal Rules of Civil
Procedure.

/s/ Bart D. Cohen

Bart D. Cohen

Case 5:21-cv-04337-JMG Document 142-24 Filed 10/04/24 Page 26 of 26

File and source

File: gov.uscourts.paed.589575.142.24.pdf
Size: 323,143 bytes
SHA-256: b58d1afbfbf7e963219e2dde1961e8a58a7512ed635039a1ad156ed562b5f291
Our copy: gov.uscourts.paed.589575.142.24.pdf
Original: PACER (login required)

Exhibit 19 Pls. Response to RFPs — Marshall v. Prestamos CDFI, LLC (Dkt. 142-24, E.D. Pa. No. 5:21-cv-04337)

Record facts

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