US BANK TRUST NA v. GRANDMAISON

Filing 11

PROCEDURAL ORDER re: Damages Hearing. Courtesy copy of hearing exhibits due by 9/1/2017 By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
U.S. Bank Trust, N.A., as Trustee for the
LSF9 Master Participation Trust,
Plaintiff,
v.
Derek L. Grandmaison,

Defendant.

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) Docket no. 2:17-cv-16-GZS
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PROCEDURAL ORDER
In preparation for the September 6, 2017 hearing on Plaintiff’s pending Motion for Default
Judgment (ECF No. 9), the Court hereby ORDERS that Plaintiff’s Counsel shall provide courtesy
copies of all hearing exhibits to the Clerk’s Office no later than September 1, 2017. Additionally,
Plaintiff’s Counsel shall be prepared to present and/or address the following:

1.

the original note for inspection, along with a copy of the note to be submitted into
evidence;1

2.

certified copies of the mortgage and any assignments and endorsements of the mortgage;

3.

a qualified witness who can certify the business records previously placed on the docket at
ECF No. 9-2 in accordance with F.R.E. 803(6). To the extent that this witness is not
employed by Plaintiff, counsel shall provide evidence that the witness and/or witness’
employer is an agent of Plaintiff;

4.

whether Plaintiff is pressing the claims asserted in Counts II-V of the Complaint or intends
to seek a deficiency judgment; and

The Complaint indicates that the Note underlying Plaintiff’s claims is attached as Exhibit B. See Compl. (ECF No.
1) ¶8. However, upon review, Exhibit B to the Complaint (ECF No. 1-2) is the Note for $33,000 that appears to be
assigned to the defaulted party-in-interest MSNI Fund VI. See Compl. ¶12. Counsel is expected to remedy this error
prior to the hearing.
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5.

a timeframe for submitting a proposed judgment to the Court following the hearing.

SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 19th day of July, 2017.

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