Aurora Bank, FSB v. Universal American Mortgage Company

Filing 67

MINUTE ORDER denying without prejudice 61 Motion to Compel Production of Documents, and granting 65 Joint Motion for Abeyance of Plaintiff's Motion to Compel Production of Documents, by Magistrate Judge Michael J. Watanabe on 3/24/14.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02067-CMA-MJW
AURORA COMMERCIAL CORP.,
Plaintiff,
v.
UNIVERSAL AMERICAN MORTGAGE COMPANY,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED plaintiff’s Motion to Compel Production of Documents
(Docket No. 61) is DENIED WITHOUT PREJUDICE.
It is FURTHER ORDERED that the Joint Motion for Abeyance of Plaintiff’s
Motion to Compel Production of Documents (Docket No. 65) is GRANTED as follows:
1.
Defendant, Universal American Mortgage Company (“UAMC”) will conduct
a search for E-mails, as described below, and will produce responsive documents to
Plaintiff, Aurora Commercial Corp. (“Aurora”), no later than 30 days from the date of this
Order.
2.
UAMC will search all available databases, hard drives, and other data storage
systems that may contain e-mails between UAMC Employees (as defined herein) and any
of the borrowers (“Borrowers”) of the loans at issue in this litigation (“Loans”).
3.
UAMC will produce all records of any e-mail correspondence, including any
attachments (“E-Mails”), sent or received by certain UAMC Employees that contain any of
the agreed-upon search terms (“Search Terms”) in the body, subject, sender, recipient, or
carbon copy fields, or in any attachment within the Time Period (defined herein). UAMC
shall produce all E-Mails related to the Borrowers regardless of whether they concern the
Loans or other loans originated and/or underwritten by UAMC within the Time Period.
Additionally, the E-Mails shall include internal UAMC correspondence related to the Loans
and/or the Borrowers. UAMC need not produce any records that are entirely unrelated to
both the Borrowers and the Loans.

4.
“UAMC Employees” include all loan officers, processors, or other UAMC
employees or representatives that UAMC has reason to believe may have been in contact
with the Borrowers in connection with the origination and/or underwriting of any mortgage
loan. In connection with the production described herein, UAMC will provide Aurora a list
of the UAMC Employees.
5.
The “Search Terms” shall include: (1) the Borrowers’ last names; (2) the
Borrowers’ first names (if sufficiently unique); (3) any e-mail addresses Aurora provides
UAMC; and (4) any loan number UAMC has associated with the Loans or any related firstlien loan. The Parties will agree upon the first names of the Borrowers that are unique and
Aurora shall provide UAMC with a list of e-mail addresses within 3 days of this Order.
UAMC will use root expanders and/or any other available search techniques to ensure that
the search results include: (1) any abbreviations of loan numbers commonly used by
UAMC; and (2) Borrower names that may be contained within a larger grouping of letters
without spacing, such as an e-mail address.
6.
The scope of the search shall be limited to E-Mails sent or received during
a time period beginning 60 days prior to the date of the relevant Borrower’s first/initial loan
application for a Loan or any related first-lien loan and ending 30 days after the relevant
loan was sold to Aurora (the "Time Period").
Date: March 24, 2014