Tobin et al v. BC Bancorp et al

Filing 125

ORDER granting Defendants' Request for Second Deposition re 105 MOTION. To avoid any confusion on the matter, the Court orders Deutsche to provide a verified response that it is, in fact, holder of the note. This verified response must be prov ided on or before March 24, 2010. If Deutsche intends to claim that it is not in fact true holder of the note, Deutsche must notify the Court and Plaintiffs by March 17, 2010, and any limitations on Plaintiffs search will be reversed so that Plaintif fs may resume discovery calculated to reveal the true holder of their loan note. Defendants have until April 5, 2010 to provide supplemental responses, consistent with the orders of the Court as provided herein. Signed by Magistrate Judge William V. Gallo on 3/12/10.(lao) (jrl).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 3, 2010, at 2:00 P.M. the Court convened a discovery conference. Appearing were Deborah Raymond and Jodi Hansen for Plaintiffs, and Charles Jarrell, for Defendants Wells Fargo Bank, Indy Mac Federal Bank FSB, Elke Poerschke, Deutsche Bank National Trust Company, and US Bank. Jeffrey Benice appeared on behalf of Defendants Loni Hall, Robert Garner, and J & J Lending. Deepika Saluja appeared on behalf of NDEx West LLC. The conference was held on the record. The rulings below reflect the Court's conclusions, ruled on the record, at the discovery conference. BACKGROUND Prior to the filing of this suit, in November 2008, Plaintiffs and Defendants were in communication about an impending foreclosure sale of Plaintiffs' residence. Defendant Elke Poerschke wrote an email to Plaintiffs' counsel, Ms. Raymond, that the foreclosure sale was "on hold 09cv256 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA TOBIN et al, ) ) Plaintiffs, ) ) v. ) ) BC BANCORP et al, ) ) Defendants. ) ) _____________________________________ ) Civil No. 09CV256DMS(WVG) ORDER GRANTING DEFENDANTS' REQUEST FOR SECOND DEPOSITION (Doc. No. 105) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 indefinitely." Without further notice, Plaintiffs' home was sold in foreclosure a few months later. In February 2009, Plaintiffs filed suit alleging among other claims, unfair competition, intentional misrepresentation, negligent misrepresentation, intentional infliction of emotional distress, negligent infliction of emotional distress, and breach of contract. Plaintiffs have requested extensive discovery from several Defendants, specifically Wells Fargo Bank, Indy Mac Federal Bank, and Elke Poerschke. Plaintiffs seek to find the true holder of their loan note so that their Truth In Lending Act ("TILA") claim can run against the proper party. Plaintiffs request extensive discovery into the chain of title of the loan note, performance of bank's obligations imposed by the Pooling and Servicing Agreement, and seek to verify the paper trail associated with the assignments of their loan, and other paperintensive detailed inquiries. Plaintiffs fear that without this expensive discovery, they will be estopped from asserting a claim against the true holder of the note, because the purported physical note holder will present evidence of a technical defect in its status as note holder. LEGAL STANDARD The scope of discovery is generally broad. Parties are permitted to discover "any nonprivileged matter that is relevant to any party's claim or defense." Fed. R. Civ. Proc. 26(b)(1). However, the Court "on motion or on its own, ... must limit the ... extent of discovery ... if it determines that ... the burden or expense of the proposed discovery outweighs its likely benefit." Fed. R. Civ. Proc. 26(b)(2)(C). DISCUSSION A large majority of Plaintiffs' discovery requests to Wells Fargo and Indy Mac Bank are solely aimed to discover which entity holds the note associated with Plaintiffs' loan. At the Discovery Conference, on the record, counsel for Deutsche Bank National Trust Company ("Deutsche") represented that his client, Deutsche, was the note holder.1 Because of this representation, the Court concludes that much of Plaintiffs' discovery is unnecessary and irrelevant, if not duplicative. All inquiries into the Pooling and Servicing Agreement, the chain of 1 Defendant Deutsche Bank National Trust Company first appeared and answered the Second Amended Corrected Complaint on February 11, 2010. Discovery is not yet due. 2 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 title of the note, tracing assignments of the note, or requests for originals of loan documents are irrelevant if in fact Deutsche Bank will represent at trial that it is the proper note holder and will not claim a technical defect, disqualifying it from its status as note holder. To avoid any confusion on the matter, the Court orders Deutsche to provide a verified response that it is, in fact , holder of the note. This verified response must be provided on or before March 24, 2010. If Deutsche intends to claim that it is not in fact true holder of the note, Deutsche must notify the Court and Plaintiffs by March 17, 2010, and any limitations on Plain tiffs' search will be reversed so that Plaintiffs may resume discovery calculated to reveal the true holder of their loan note. If during discovery Deutsche learns that it is not holder of the note, it must notify the Court immediately and Plaintiffs' discovery will go forward. Notification must describe when and how Deutsche learned it was not holder, and explain why this information could not be produced earlier. Any delay in notification by Deutsche will be construed by the Court as sanctionable bad faith litigation tactics. I. Plaintiffs' Disputes with Defendant Wells Fargo A. Document Production Requests Set One Document Production Request 1 Defendant is ordered to identify the documents previously produced that are relevant to the request. Defendant shall identify documents by Bates number and grouped in categories. Defendant must also provide Plaintiffs a list of existing documents that Defendant asserts are irrelevant to the request and has refused to produce. Document Production Request 2 Defendant is ordered to produce the color copies of the original loan documents, including the promissory note, in a verified response, by Friday March 5, 2010. /// /// /// 09cv256 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 3 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 4 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 5 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 6 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 7 Defendant is compelled to provide an amended response. Document Production Request 8 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 9 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. /// /// 09cv256 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 10 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 11 Plaintiffs withdrew this request. Document Production Request 12 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 13 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 14 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 15 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 16 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. /// /// 09cv256 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 17 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 18 Plaintiffs withdrew this request. Document Production Request 19 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 20 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 21 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 22 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 23 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 6 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 24 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 25 The request is limited to exclusively log sheets relative to the loan origination and foreclosure. If no responsive documents exist, Defendant is ordered to so state. Document Production Request 26 The scope of this request is limited to documents reflecting payments made by Plaintiffs on the loan. Defendant is compelled to respond to the limited scope of this request. Document Production Request 27 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 28 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 29 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 30 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 7 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 31 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 32 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 33 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 34 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 35 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 36 The Court finds that the burden on Defendants of complying with Plaintiffs' request outweighs the value of the documents sought. Accordingly, Plaintiffs' request is denied. Document Production Request 37 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 8 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 38 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 39 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 40 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 41 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 42 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 43 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 44 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 9 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 45 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 46 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 47 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 48 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 49 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 50 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 51 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 10 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 52 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 53 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 54 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 55 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 56 Defendant is compelled to respond subject to FRCP 26(a)(1)(D). If no responsive policy exists, Defendant shall so state. Document Production Request 57 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 58 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 11 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 59 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 60 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 61 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 62 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 63 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 64 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 65 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 12 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 66 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 67 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 68 Defendant is compelled to respond to the extent that there are powers of attorney relative to the loan origination documents and/or the foreclosure. If none exist, Defendant shall so state. Document Production Request 69 Defendant is compelled to respond with documents granting authority to sign loan documents relating to loan origination and/or foreclosure. If none exist, Defendant shall so state. Document Production Request 70 Plaintiffs withdrew this request. Document Production Request 71 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 72 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 13 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 73 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 74 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 75 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 76 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 77 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 78 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 79 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 14 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 80 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 81 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 82 Defendant is compelled to respond with documents relating to loan origination and/or foreclosure. Document Production Request 83 Defendant is compelled to respond with all responsive documents relating to the loan origination and foreclosure. Document Production Request 84 The Court finds that Plaintiffs' request is duplicative , and encompassed within the scope of Document Production Request 20. Accordingly, Plaintiffs' request is denied. Document Production Request 85 The Court finds that Plaintiffs' request duplicative of the various other requests for production which Defendant has indicated it has produced, or is ordered to produce responsive documents as set forth in this order. Accordingly, Plaintiffs' request is denied. /// /// /// /// 09cv256 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 86 Defendant is obligated and ordered to disclose all documents it intends to use at trial. If responsive documents to these discovery responses are not produced by Defendant, Defen dant may be precluded from entering such documents at trial. Document Production Request 87 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 88 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 89 Plaintiffs withdrew the request. Document Production Request 90 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 91 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 92 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 16 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 93 Defendant is compelled to respond, with all responsive documents used to determine that the loan was in default. Document Production Request 94 Defendant is compelled respond with all responsive documents detailing the amount due on the loan on the date of foreclosure. Document Production Request 95 Defendant is compelled to respond with all responsive documents that provide a monthly accounting of payments made and outstanding, including principle and interest amounts. Document Production Request 96 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 97 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 98 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 99 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 09cv256 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 100 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional documents responsive to the request. Document Production Request 101 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional documents responsive to the request. Document Production Request 102 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional documents responsive to the request. Document Production Request 103 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 104 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. B.) 30(b)(6) Deposition Notice to Wells Fargo Bank Defendant Wells Fargo must produce a witness able to testify to corporate knowledge on the following topics: 1 7; 10; 12, 14; 16 39; 47 from January 1, 2006 up to the date of filing the lawsuit; and 48. 18 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. Plaintiffs' Disputes With Defendant Indy Mac Federal Bank A. Document Production Requests to Defendant Indy Mac Document Production Request 1 Defendant is ordered to identify the documents previously produced that are relevant to the request. Defendant shall identify documents by Bates number and grouped in categories. Defendant must also provide Plaintiffs a list of existing documents that Defendant asserts are irrelevant to the request and has refused to produce. Document Production Request 2 Defendant is ordered to produce the color copies of the original loan documents, including the promissory note, in a verified response, by Friday March 5, 2010. Document Production Request 3 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 4 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 5 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 6 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 19 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 7 Defendant is compelled to provide an amended response. Document Production Request 8 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 9 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 10 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 11 Plaintiffs withdrew this request. Document Production Request 12 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 13 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. /// /// /// 09cv256 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 14 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 15 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 16 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 17 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 18 Plaintiffs withdrew this request. Document Production Request 19 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 20 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. 21 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 21 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 22 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 23 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 24 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 25 The request is limited exclusively to log sheets relative to the loan origination and foreclosure. If no responsive documents exist, Defendant is ordered to so state. Document Production Request 26 The scope of this request is limited to documents reflecting payments made by Plaintiffs on the loan. Defendant is compelled to respond to the limited scope of this request. Document Production Request 27 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 22 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 28 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 29 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 30 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 31 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 32 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 33 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 34 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 23 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 35 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 36 The Court finds that the burden on Defendants of complying with Plaintiffs' request outweighs the value of the documents sought. Accordingly, Plaintiffs' request is denied. Document Production Request 37 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 38 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 39 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 40 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 41 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 24 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 42 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 43 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 44 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 45 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 46 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 47 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 48 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 25 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 49 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 50 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 51 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 52 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 53 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 54 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 55 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 26 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 56 Defendant is compelled to respond subject to FRCP 26(a)(1)(D). If no responsive policy exists, Defendant shall so state. Document Production Request 57 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 58 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 59 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 60 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 61 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 62 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 09cv256 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 63 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 64 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 65 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 66 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 67 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 68 Defendant is compelled to respond to the extent that there are powers of attorney relative to the loan origination documents and/or the foreclosure. If none exist, Defendant shall so state. Document Production Request 69 Defendant is compelled to respond with documents granting authority to sign loan documents relating to loan origination and/or foreclosure. If none exist, Defendant shall so state. 09cv256 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 70 Plaintiffs withdrew this request. Document Production Request 71 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 72 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 73 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 74 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 75 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 76 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. /// /// 09cv256 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 77 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 78 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 79 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 80 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 81 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 82 Defendant is compelled to respond with documents relating to loan origination and/or foreclosure. Document Production Request 83 Defendant is compelled to respond with all responsive documents relating to the loan origination and foreclosure. 30 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 84 The Court finds that Plaintiffs' request is duplicative , and encompassed within the scope of Document Production Request 20. Accordingly, Plaintiffs' request is denied. Document Production Request 85 The Court finds that Plaintiffs' request duplicative of the various other requests for production which Defendant has indicated it has produced, or is ordered to produce responsive documents as set forth in this order. Accordingly, Plaintiffs' request is denied. Document Production Request 86 Defendant is obligated and ordered to disclose all documents it intends to use at trial. If responsive documents to these discovery responses are not produced by Defendant, Defen dant may be precluded from entering such documents at trial. Document Production Request 87 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 88 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 89 Plaintiffs withdrew the request. Document Production Request 90 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 09cv256 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 91 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 92 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 93 Defendant is compelled to respond, with all responsive documents used to determine that the loan was in default. Document Production Request 94 Defendant is compelled respond with all responsive documents detailing the amount due on the loan on the date of foreclosure. Document Production Request 95 Defendant is compelled to respond with all responsive documents that provide a monthly accounting of payments made and outstanding, including principle and interest amounts. Document Production Request 96 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 97 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 09cv256 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 98 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 99 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. Document Production Request 100 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional documents responsive to the request. Document Production Request 101 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional documents responsive to the request. Document Production Request 102 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional documents responsive to the request. Document Production Request 103 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. /// /// 09cv256 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 104 Defendant is compelled to produce responsive written procedures, for the time period from January 1, 2006, up to the date of foreclosure. Document Production Request 105 Defendant is compelled to produce written policies regarding handling of rescission notices for the time period from January 1, 2006, up to and including the date of foreclosure. Document Production Request 106 Plaintiffs withdrew this request. Document Production Request 107 Plaintiffs withdrew this request. Document Production Request 108 Plaintiffs shall contact Defendant for any undecipherable notations in discovery documents. Defendant shall provide Plaintiffs with information sufficient to understand the codes and symbols used in any documentation. Document Production Request 109 Defendant is compelled to produce written polices regarding document destruction and retention schedules for the time period from January 1, 2006 up to the filing of the current lawsuit. Document Production Request 110 The Court finds that Plaintiffs' request is irrelevant to the claims against Defendant in this case, and accordingly is denied. 34 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. 30(b)(6) Notice To Defendant IndyMac Bank Under rule 30(b)(6) IndyMac must produce a witness to testify as to the corporation's knowledge on the following topics: 1 7, 10, 12, 14, 16 48 up to the time of the foreclosure, 49, 50 52, 53 for the time period of January 1, 2006 up to the date of filing the current lawsuit, and 54. III. Plaintiffs' Discovery Disputes With Elke Poerschke A.) Document Production Requests Document Production Request 1 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 2 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 3 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 4 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. 35 09cv256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 5 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 6 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 7 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 8 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 9 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. /// /// /// /// 09cv256 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Production Request 10 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 11 Defendant represents that responsive documents have been provided. If no additional responsive documents are remaining, Defendant shall so state. Otherwise, Defendant is ordered to disclose additional responsive documents to the request. Document Production Request 12 To the extent that documents exist that are generated in electronic format that are responsive to Document Production Requests 1 11, these documents shall be produced. If there are no responsive documents, Defendant shall so state. Document Production Request 13 Defendant is compelled to respond to the extent that there are non privileged notes regarding Plaintiffs' loan. Document Production Request 14 The Court finds that Plaintiffs' request is duplicative of the previous 13 requests, and accordingly is denied. Document Production Request 15 The Court finds that Plaintiffs' request is duplicative of the Requests For Production 1 13, and accordingly is denied. /// /// 09cv256 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B.) Deposition of Elke Poerschke The parties represent that there is no dispute regarding Ms. Poerschke's deposition. IV. Timing of Discovery Requests Defendants have until April 5, 2010 to provide supplemental responses, consistent with the orders of the Court as provided herein. DATED: March 12, 2010 Hon. William V. Gallo U.S. Magistrate Judge 38 09cv256

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