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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DANIEL S. SINCLAIR, JR. CIVIL ACTION NO. 2:07CV1560

Versus





LEASE FINANCE GROUP, LLC aka
CIT LEASE FINANCIAL GROUP,
NATIONAL ASSOCIATION OF CREDIT

MANAGEMENT (WESTERN MICHIGAN),
INC., PHILLIPS & COHEN ASSOCIATES,
LTD., EXPERIAN INFORMATION
SOLUTIONS, INC., TRANSUNION, LLC,
and EQUIFAX CREDIT INFORMATION
SERVICES, INC.






SECTION B

MAGISTRATE 3



CIT FINANCIAL USA, INC.’s WITNESS AND EXHIBIT LIST



CIT Financial USA, Inc. (CIT) submits this witness and exhibit list pursuant to the

Court’s scheduling order. R. Doc. 85. Because ongoing discovery may reveal witnesses and

exhibits not identified herein, CIT reserves the right to supplement and/or amend its witness and

exhibit list.

CIT may call the following to testify at trial:

WITNESS LIST

1.

2.

3.

4.

Sam Buono, former Lease Finance Group, LLC employee.

Representatives or officers of any other party, the necessity of whose testimony
may become apparent as discovery progresses.

Any other person identified or called by any other party.

Any other person identified through discovery including, but not limited to any
fact witness or expert.

CIT reserves the right to supplement and/or amend this witness list as discovery

proceeds.

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CIT may introduce the following exhibits at trial:

EXHIBIT LIST

1.

2.

3.

4.

5.

6.

7.

8.

9.

May 7, 1997 non-cancellable equipment lease between Habanos of Louisiana and
Lease Finance Group Limited Partnership, bearing Lease No. 222217.

February 17, 1999 non-cancellable equipment lease between Sinclair Grill, LLC
and Lease Finance Group, a division of Newcourt Financial, USA, Inc., bearing
Lease No. 297317.

February 27, 1999 non-cancellable equipment lease between Sinclair Grill, LLC
and Lease Finance Group, a division of Newcourt Financial, USA, Inc., bearing
Lease No. 300525.

January 20, 2009 non-cancellable lease between Sinclair Grill, LLC and Lease
Finance Group, a division of Newcourt Financial, USA, Inc. bearing Lease No.
359802.

January 13, 1999 agreement for the collection of unpaid accounts between
Phillips & Cohen Associates, LTD and Newcourt Financial (a member of
Newcourt Credit Group).

February 1, 2000 collection servicing agreement between Lease Finance Group, a
division of Newcourt Financial USA, Inc., and National Association of Credit
Management – Western Michigan, Inc.

Documents regarding Central Progressive Bank loan no. 904341 dated August 22,
2002, borrowers Daniel Sterling Sinclair, Jr., Callan Edward Sinclair, and
Cayman Charles Sinclair including, but not limited to, the promissory note,
collateral documentation, laser pro documents, payment history, credit report of
borrower(s) (or guarantors, if applicable), and any credit information or credit
analysis pertaining to the borrower(s) and/or personal guarantor(s).

Documents regarding Central Progressive Bank loan no. 904342 dated December
5, 2002, borrower Blunt Wrap USA, Inc. including, but not limited to, the
promissory note, collateral documentation, laser pro documents, payment history,
credit report of borrower(s) (or guarantors, if applicable), and any credit
information or credit analysis pertaining to the borrower(s) and/or personal
guarantor(s).

Documents regarding Central Progressive Bank loan no. 904343 dated October
17, 2003, borrowers Daniel S. Sinclair, Cayman Charles Sinclair and Callan
Edward Sinclair including, but not limited to, the promissory note, collateral
documentation, laser pro documents, payment history, credit report of borrower(s)
(or guarantors, if applicable), and any credit information or credit analysis
pertaining to the borrower(s) and/or personal guarantor(s).

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10.

11.

12.

13.

14.

15.

16.

Documents regarding Central Progressive Bank loan no. 904344 dated October
17, 2003, borrowers Daniel S. Sinclair, Callan Edward Sinclair, and Cayman
Charles Sinclair including, but not limited to, the promissory note, collateral
documentation, laser pro documents, payment history, credit report of borrower(s)
(or guarantors, if applicable), and any credit information or credit analysis
pertaining to the borrower(s) and/or personal guarantor(s).

Documents regarding Central Progressive Bank loan no. 904345 dated January
27, 2004, borrower Daniel S. Sinclair, Jr. including, but not limited to, the
promissory note, collateral documentation, laser pro documents, payment history,
credit report of borrower(s) (or guarantors, if applicable), and any credit
information or credit analysis pertaining to the borrower(s) and/or personal
guarantor(s).

Documents regarding Central Progressive Bank loan no. 904346 dated March 12,
2004, borrower Daniel S. Sinclair including, but not limited to, the promissory
note, collateral documentation, laser pro documents, payment history, credit
report of borrower(s) (or guarantors, if applicable), and any credit information or
credit analysis pertaining to the borrower(s) and/or personal guarantor(s).

Documents regarding Central Progressive Bank loan no. 904347 dated April 8,
2004, borrower Blunt Wrap USA, Inc. including, but not limited to, the
promissory note, collateral documentation, laser pro documents, payment history,
credit report of borrower(s) (or guarantors, if applicable), and any credit
information or credit analysis pertaining to the borrower(s) and/or personal
guarantor(s).

Documents regarding Central Progressive Bank loan no. 904348 dated October
22, 2004, borrower Blunt Wrap USA, Inc. including, but not limited to, the
promissory note, collateral documentation, laser pro documents, payment history,
credit report of borrower(s) (or guarantors, if applicable), and any credit
information or credit analysis pertaining to the borrower(s) and/or personal
guarantor(s).

Documents regarding Central Progressive Bank loan no. 904349 dated April 26,
2005, borrower Blunt Wrap USA, Inc. including, but not limited to, the
promissory note, collateral documentation, laser pro documents, payment history,
credit report of borrower(s) (or guarantors, if applicable), and any credit
information or credit analysis pertaining to the borrower(s) and/or personal
guarantor(s).

Documents regarding Central Progressive Bank loan no. 904350 dated May 6,
2005, borrowers Daniel S. Sinclair and David R. Clement including, but not
limited to, the promissory note, collateral documentation, laser pro documents,
payment history, credit report of borrower(s) (or guarantors, if applicable), and
any credit information or credit analysis pertaining to the borrower(s) and/or
personal guarantor(s).

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17.

18.

19.

20.

21.

22.

23.

24.

Documents regarding Central Progressive Bank loan no. 904352 dated October 7,
2005, borrowers Daniel Sterling Sinclair, Jr. and David R. Clement including, but
not limited to, the promissory note, collateral documentation, laser pro
documents, payment history, credit report of borrower(s) (or guarantors, if
applicable), and any credit information or credit analysis pertaining to the
borrower(s) and/or personal guarantor(s).

Documents regarding Central Progressive Bank loan no. 904353 dated October 7,
2005, borrower Blunt Wrap USA, Inc. including, but not limited to, the
promissory note, collateral documentation, laser pro documents, payment history,
credit report of borrower(s) (or guarantors, if applicable), and any credit
information or credit analysis pertaining to the borrower(s) and/or personal
guarantor(s).

Documents regarding Central Progressive Bank loan no. 904354 dated February
10, 2006, borrowers Daniel Sterling Sinclair, Jr. and David R. Clement including,
but not limited to, the promissory note, collateral documentation, laser pro
documents, payment history, credit report of borrower(s) (or guarantors, if
applicable), and any credit information or credit analysis pertaining to the
borrower(s) and/or personal guarantor(s).

Documents regarding Central Progressive Bank loan no. 675881 dated August 11,
2006, borrower Blunt Wrap USA, Inc. including, but not limited to, the
promissory note, collateral documentation, laser pro documents, payment history,
credit report of borrower(s) (or guarantors, if applicable), and any credit
information or credit analysis pertaining to the borrower(s) and/or personal
guarantor(s).

Documents regarding Central Progressive Bank loan no. 679283 dated November
28, 2006, borrower Daniel S. Sinclair including, but not limited to, the promissory
note, collateral documentation, laser pro documents, payment history, credit
report of borrower(s) (or guarantors, if applicable), and any credit information or
credit analysis pertaining to the borrower(s) and/or personal guarantor(s).

Documents regarding Central Progressive Bank loan no. 679399 dated February
6, 2007, borrower Daniel S. Sinclair, Jr. including, but not limited to, the
promissory note, collateral documentation, laser pro documents, payment history,
credit report of borrower(s) (or guarantors, if applicable), and any credit
information or credit analysis pertaining to the borrower(s) and/or personal
guarantor(s).

All pleadings in this case, including attached exhibits.

All discovery requests and responses (including subpoenas duces tecum and
responses) associated with this case.

25.

Depositions taken in this case, including exhibits.

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26.

Any exhibit listed or used by any other party in this case.

CIT reserves the right to supplement and/or amend this exhibit list as discovery proceeds.





Respectfully submitted:

McGlinchey Stafford, PLLC

s/Christine Lipsey
Christine Lipsey (LA Bar Roll # 1182), T.A.
E. Stewart Spielman, (LA Bar Roll #28766)
Kaye C. Templet (LA Bar Roll #27983)
One American Place, 14th Floor
Baton Rouge, LA 70825
Telephone: (225) 383-9000
Facsimile: (225) 343-3076
[email protected]
[email protected]
[email protected]

Attorneys for CIT Financial USA, Inc.




CERTIFICATE OF SERVICE



I certify that on February 13, 2009, a copy of this pleading was filed electronically with

the Clerk of Court using the CM/ECF system. Notice of this filing will be sent to all known

counsel of record by operation of the court’s CM/ECF system. I also certify that there are no

non-CM/ECF participants.



s/ Christine Lipsey
Christine Lipsey



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