CitiMortgage, Inc. v. Just Mortgage, Inc.

Filing 143

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of defendant Just Mortgage, Inc. for an extension of time (Doc. 128 ) is denied as moot. IT IS FURTHER ORDERED that the motion of plaintiff Citimortgage, Inc. to strike (Doc. 133 ) is denie d as moot. IT IS FURTHER ORDERED that the motion of defendant to compel (Doc. 131 ) is sustained in part and otherwise denied, in that, not later than December 20, 2011, plaintiff shall disclose to the defendant a. the provisions of the CMI Manual, if any, it determined defendant breached which gave rise to plaintiff's demand that defendant cure or repurchase the Group 1 Loans; and b. the Sharepoint documents related to plaintiff's determinations whether to demand cure or repurchase of the Group 1 Loans. Signed by Magistrate Judge David D. Noce on 12/15/2011; (DJO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CITIMORTGAGE, INC.

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Plaintiff,
v.
JUST MORTGAGE, INC.,
Defendant.

No. 4:09 CV 1909 DDN

MEMORANDUM AND ORDER
This action is before the court on the motions of defendant Just
Mortgage, Inc. for an extension of time (Doc. 128) and to compel (Doc.
131) and the motion of plaintiff Citimortgage, Inc. to strike (Doc. 133).
A hearing was held on December 13, 2011.
In its motion to compel, defendant seeks to compel further response
to Interrogatory No. 4 and production of documents as to Requests for
Production Set One, Nos. 7, 17, and 36; Set Two, Nos. 63 and 86; and Set
Three, No. 20.

(Doc. 131.)

In Interrogatory No. 4, defendant seeks to compel plaintiff to
identify

which

provisions

of

the

CMI

Manual

plaintiff

determined

defendant breached, thereby giving rise to plaintiff’s demand to cure or
repurchase the Group 1 Loans.

(Doc. 131-1, Ex. A at 3-4.)

The parties

agree that the CMI Manual is incorporated into the parties’ Agreement.
Because the propriety of plaintiff’s demand to cure or repurchase is
relevant, plaintiff must identify which provisions of the CMI Manual, if
any, it determined defendant breached which gave rise to its demand to
cure or repurchase the Group 1 Loans.
In

Request

for

Production

Set

One,

No.

36,

defendant

seeks

production of documents related to plaintiff’s policies for servicing the
Group 1 Loans. (Doc. 131-2, Ex. B at 11.)

Because these documents are

not relevant and because defendant already has the actual Group 1 Loan
servicing records, defendant’s motion to compel production of these
documents is denied.

In the remaining Requests for Production, defendant seeks documents
from Sharepoint, a website maintained by plaintiff that holds policy and
procedure documents regarding repurchase demands.

(Doc. 131-3, Ex. C at

5, 9-10; Doc. 131-4, Ex. D at 3, 11; Doc. 131-5, Ex. E at 9.)

The

requested documents fall into two categories: (1) documents related to
plaintiff’s determinations whether to demand cure or repurchase of the
Group 1 Loans; and (2) documents related to plaintiffs’ procedures
following demands by third-party investors for plaintiff to repurchase
loans.

Plaintiff has agreed to produce the Sharepoint documents related

to its determinations whether to demand cure or repurchase of the Group
1 Loans.
to

The documents regarding plaintiff’s procedures for responding

third-party

investor

repurchase

demands

are

not

plaintiff’s claims or defendant’s possible defenses.

relevant

to

Therefore, the

motion to compel is sustained as to the Sharepoint documents concerning
plaintiff’s determinations whether to demand cure or repurchase of the
Group

1

Loans,

but

denied

as

documents

concerning

its

procedures

following repurchase demands from third-party investors.
For these reasons,
IT IS HEREBY ORDERED that the motion of defendant Just Mortgage,
Inc. for an extension of time (Doc. 128) is denied as moot.
IT IS FURTHER ORDERED that the motion of plaintiff Citimortgage,
Inc. to strike (Doc. 133) is denied as moot.
IT IS FURTHER ORDERED that the motion of defendant to compel (Doc.
131) is sustained in part and otherwise denied, in that, not later than
December 20, 2011, plaintiff shall disclose to the defendant
a.

the provisions of the CMI Manual, if any, it determined defendant
breached which gave rise to plaintiff’s demand that defendant cure
or repurchase the Group 1 Loans; and

b.

the Sharepoint documents related to plaintiff’s determinations
whether to demand cure or repurchase of the Group 1 Loans.
/S/
David D. Noce
UNITED STATES MAGISTRATE JUDGE

Signed on December 15, 2011.

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