In Re: RFC and RESCAP Liquidating Trust Litigation

Filing 5179

Minute Entry for Case Management Conference held before Judge Susan Richard Nelson on 7/11/2019: taking under advisement #5112 Defendant Primary Residential Mortgage, Inc.'s Motion for Jury Trial; denying as moot #5156 Defendant Primary Residential Mortgage, Inc.'s Motion to Compel. See minute entry for additional details and rulings. (Court Reporter Carla Bebault) (MJC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
In re: RFC and ResCap Liquidating Trust
Litigation

COURT MINUTES
BEFORE: Hon. Susan Richard Nelson,
United States District Judge
Case No.:
Date:
Court Reporter:
Courthouse:
Courtroom:
Time in Court:
Total Time:

13cv3451 (SRN/HB)
July 11, 2019
Carla Bebault
St. Paul
7B
8:59 a.m. to 10:32 a.m.;
10:46 a.m. to 10:54 a.m.
1 Hour, 41 Minutes

APPEARANCES
For Plaintiffs:

Isaac Nesser, Matthew Scheck, Donald Heeman, Jessica Nelson, and
Randi Winter. Listening via telephone: Geneva McDaniel

For Defendants:

Matthew Johnson, Jesse Smallwood, Elizabeth Kniffen, Mark
Schroeder, Daniel J. Supalla, and Steven M. Pincus.

PROCEEDINGS
Case Management Conference Held.
1.

Defendant Primary Residential Mortgage, Inc.’s (“PRMI’s”) Motion for Jury Trial
[Doc. No. 5112] was submitted, argued, and taken under advisement.

2. Defendant PRMI’s Motion to Compel Plaintiff to Produce Documents [Doc. No.
5156] was withdrawn and is DENIED AS MOOT. Plaintiff and PRMI shall meet and
confer on the question of whether it is permissible to use first-wave expert reports and
exhibits in the ResCap v. PRMI matter. They shall advise the Court on the status of
their dispute by letter, no later than July 18, 2019.
3. Regarding the discovery dispute between Plaintiff and InterLinc Mortgage Services,
LLC (“InterLinc”), concerning potentially lost ESI, the parties shall continue to meet
and confer. They shall update the Court on the status of this dispute via letter, no later
than Tuesday, July 30.
4. With respect to the dispute concerning Plaintiff’s Rule 30(b)(6) topics served on
Defendant InterLinc related to Hometown Mortgage Services, Inc., (“Hometown”),
counsel for InterLinc shall interview InterLinc employees who formerly worked at
Hometown to confirm the number of such employees, whether they worked with
Residential Funding Corporation during their tenure at Hometown, and whether they

possess information relevant to Plaintiff’s Rule 30(b)(6) topics concerning Hometown.
The interviews shall be completed in advance of the next Case Management
Conference, and the parties shall be prepared to advise the Court of their progress at
that time.
5. The next Case Management Conference will be held on August 22, 2019, at 9:00 a.m.

6. In addition, the Court proposes the following dates for future Case Management
Conferences and hearings:
•September 17, 2019 (Case Management Conference)
•October 22, 2019 (Case Management Conference, close of expert discovery in
ResCap v. PRMI)
•December 2, 2019 (Case Management Conference and Summary Judgment/Daubert
Hearing in ResCap v. PRMI)
•January 23, 2020 (First Pretrial Hearing in ResCap v. PRMI)
To the extent that any of the proposed dates pose conflicts, the parties shall propose
alternate dates to the Court.

s/M. Conklin
Law Clerk