In Re: RFC and RESCAP Liquidating Trust Litigation
Filing
4806
ORDER in Response to #4797 Plaintiff's Letter regarding briefing schedules and summary judgment motions (Written Opinion). Signed by Judge Susan Richard Nelson on 1/2/2019. (MJC)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
In Re: RFC and ResCap Liquidating Trust
Litigation
Court File No. 13-cv-3451 (SRN/HB)
This document relates to:
ORDER
ResCap Liquidating Trust v. Freedom Mortgage
Corp., No. 14-cv-5101
This matter came before the Court on Plaintiff ResCap Liquidating Trust’s letters
[Doc. Nos. 4797 & 4804] requesting the setting of briefing schedules on certain outstanding
issues in advance of the January 31, 2019 Case Management Conference, and Defendant
Freedom Mortgage Corp.’s response [Doc. No. 4801].
After reviewing the parties’
submissions, IT IS HEREBY ORDERED:
1.
Plaintiff’s anticipated motions in limine to preclude certain categories of
evidence, discussed in Plaintiff’s December 6, 2018 letter [Doc. No. 4745] shall be due on
or before January 7, 2019. Defendant Freedom Mortgage Corp. (“Freedom”) shall file
any opposition memoranda to Plaintiff’s motions in limine by January 24, 2019. The
Court will hear oral argument on the motions at the January 31, 2019 Case Management
Conference.
2.
The parties are permitted to submit simultaneous supplemental Daubert
briefs addressing the impact of developments occurring after the initial briefing of the
parties’ Daubert motions. Each side’s brief shall be limited to no more than eight double-
spaced pages and must be filed by January 7, 2019. 1 The Court will consider these issues
at the January 31, 2019 Case Management Conference.
3.
Plaintiff’s request for leave to file targeted defendant-specific summary
judgment motions is GRANTED in part and DENIED in part.
a. Application of the Client Guide
Absent a factual record at this time, the Court will not consider a summary judgment
motion on the application of the Client Guide to Defendant’s at-issue loans.
b. Reasonableness and Good Faith of the Settlements
Freedom agrees that it will not claim or otherwise argue at trial that RFC settled the
claims against it in bad faith or for an unreasonable amount. (Def.’s Dec. 26, 2018 Letter
at 4 [Doc. No. 4801].) Absent a stipulation, however, Plaintiff must present evidence at
trial to establish that the settlements were reasonable and made in good faith. If Freedom
will not enter a stipulation, the Court will entertain a summary judgment motion on this
issue.
c. Equitable Estoppel
Freedom bears the burden of establishing the affirmative defense of equitable
estoppel. Much like the proffer required of HLC, the Court will require Freedom to make
a proffer at the January 31, 2019 Case Management Conference of the evidence that it
intends to offer at trial in support of this defense.
1
The parties agreed to a January 4, 2019 submission date, but given the close proximity
of January 4, the Court extends the deadline to January 7.
2
SO ORDERED.
BY THE COURT:
Dated: January 2, 2019
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge
3
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