Sepehry-Fard v. MB Financial Services

Filing 69

Discovery Order re: Docket No. 63. Signed by Judge Maria-Elena James on March 14, 2014. (mejlc3, COURT STAFF) (Filed on 3/14/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FAREED SEPEHRY-FARD, Case No. 13-cv-02784-JSW (MEJ) Plaintiff, 8 DISCOVERY ORDER v. Re: Dkt. Nos. 63, 65 9 10 MB FINANCIAL SERVICES, Defendant. United States District Court Northern District of California 11 12 On February 5, 2014, Plaintiff Fareed Sepehry-Fard (“Plaintiff”) filed a “Letter Re: „Meet 13 and Confer‟ and Alleged Defendant Unwillingness to Provide Interrogatories, Documents and 14 Things,” without providing Defendant sufficient time to respond or prepare its portion of the 15 letter. Pl.‟s Ltr., Dkt. No. 63. In the letter, Plaintiff states that the parties were unable to resolve 16 their discovery dispute during a lengthy telephonic meet and confer on February 3, 2014, and he 17 now seeks production of documents and interrogatory responses from Defendant. Id. Defendant 18 MB Financial Services USA (“Defendant”) filed a response to Plaintiff‟s letter on February 10, 19 2014. Def.‟s Ltr., Dkt. No. 65. 20 As a threshold matter, Plaintiff‟s letter does not comply with this Court‟s January 23, 2014 21 Order setting forth the procedure to resolve disputes after an unsuccessful telephonic meet and 22 confer session. Order, Dkt. No. 61. Specifically, the Order required Plaintiff to provide Defendant 23 with “a draft joint letter in compliance with the undersigned‟s Discovery Standing Order,” and to 24 allow Defendant to provide its portion of the letter “within seven calendar days of receipt of Plaintiff‟s 25 draft.” Id. Instead, Plaintiff provided his portion of the joint letter to Defendant on February 4, 26 2014, and demanded that Defendant respond by February 5, 2014, or he would unilaterally file his 27 portion of the letter with the Court. Pl.‟s 4. Plaintiff is advised that further letters must 28 comply with the joint letter briefing requirements. 1 Turning to the issues raised in the letter, Plaintiff first requests an affidavit or stipulation 2 seeking admissions from Defendant‟s attorney regarding certain issues. Id at 1-4. However, 3 Plaintiff is not entitled to seek affidavits or admissions from Defendant‟s counsel. Accordingly, 4 this request is DENIED. 5 Plaintiff next requests various documents pertaining to loan records for Plaintiff‟s vehicle. 6 Id., Ex. A. Plaintiff first demands the “original wet ink signature promissory note.” Id. 7 Defendant objects on the basis that the term “promissory note” is too ambiguous. Def.‟s Ltr., Ex. 8 A. Given that the subject matter of this case is whether the note on Plaintiff‟s vehicle has been 9 paid in full, the request reasonably appears to request the original note evidencing the loan on the 10 vehicle. Accordingly, Plaintiff‟s request is GRANTED. United States District Court Northern District of California 11 Plaintiff then requests seven categories of items pertaining to the servicing and payment 12 history of the loan. Categories A through F seek information regarding “credit default swaps,” 13 “other insurance payouts,” “yield spread premiums,” “tax write offs,” “cross collaritization,” and 14 “other payments such as TARP, but not limited to TARP.” Pl.‟s Ltr., Ex. A. The last category 15 seeks “GAAP accounting, double entry accounting general ledger showing all credits and debits.” 16 Id. (emphasis in original). Defendant contends that the terms are ambiguous because Plaintiff has 17 failed to define them, and it cannot discern what items it must provide. Def.‟s Ltr., Ex. A. 18 Defendant also states that the requested items are not likely to lead to the discovery of relevant 19 information. Id. 20 According to his Complaint, Plaintiff disputes that he owes a debt to Defendant on a 2006 21 Mercedes vehicle. Compl., Dkt. No. 1. Plaintiff‟s claims appear to be based on allegations that he 22 sent Defendant a “proof of claim,” and that Defendant‟s failure to respond to Plaintiff‟s request 23 means that he no longer owes any debt on the vehicle. Id., ¶¶ 3, 7-14. For this reason, the Court 24 finds that an accounting of Plaintiff‟s payment history is relevant to his claims. To the extent 25 Plaintiff is requesting a copy of the general ledger showing his account history with Defendant, 26 including all credits and debits made to his account, this request is reasonable, and the Court 27 ORDERS Defendant to produce it. To the extent that Plaintiff requests further items related to the 28 accounting or servicing history of the loan, Plaintiff may serve revised requests for production 2 1 which define each item with particularity. Accordingly, Plaintiff‟s request that Defendant produce 2 those items is DENIED WITHOUT PREJUDICE. 3 IT IS SO ORDERED. 4 5 6 7 Dated: March 14, 2014 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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