CitiMortgage, Inc. v. Chicago Bancorp, Inc.

Filing 199

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that: Defendant Chicago Bancorp's motion to strike portions of the Shannon affidavit [#111 ] is denied. Plaintiff's motion to strike portions of the Calk affidavits [#144 ] is denied. Plaintiff's renewed motion for sanctions [#181 ] is denied. Defendant Chicago Bancorp's motion to strike portions of plaintiff's memorandum [#187 ] is denied. Plaintiff's motion for costs [#195 ] is denied as moot. Defendant Chicago Bancorp's motion for extension of discovery (response to plaintiff's proposed amendment to the CMO) [#198 ] is granted. All other motions remain under submission. A Second Amended Case Management Order is entered this same date. Signed by District Judge Catherine D. Perry on 12/31/2013. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CITIMORTGAGE, INC.,
Plaintiff,
vs.
CHICAGO BANCORP, INC., et al.,
Defendants.

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Case No. 4:12CV246 CDP

MEMORANDUM AND ORDER
A number of motions are pending in this complicated case, including cross
motions for summary judgment. I will treat those motions as being directed to
Count I of the First Amended Complaint. This order rules on most, but not all, of
the other pending motions. Any motions not ruled here remain under submission. I
have carefully reviewed the other pending motions and the extensive briefs filed on
each, and believe that most of them should be denied.
I will deny the motions to strike, although that does not necessarily mean I am
accepting any of the challenged materials as probative. I will give the disputed
affidavits the consideration they deserve under the rules of evidence, meaning that I
will disregard some portions, and will treat some portions as nothing more than
arguments of counsel, as may be appropriate. The references to statements made in
mediation will not be stricken because they are not being used for any of the

purposes forbidden by Rule 408, Fed. R. Evid. I will deny the renewed motion for
sanctions. To the extent the argument is that Mr. Calk testified falsely at the
deposition, that argument is better raised as impeachment at trial. Finally, I will
enter an amended Case Management Order that includes allowing defendant
Chicago Bancorp to take the deposition of Crispin Shannon as it has requested.
IT IS HEREBY ORDERED that:
Defendant Chicago Bancorp’s motion to strike portions of the Shannon
affidavit [#111] is denied.
Plaintiff’s motion to strike portions of the Calk affidavits [#144] is denied.
Plaintiff’s renewed motion for sanctions [#181] is denied.
Defendant Chicago Bancorp’s motion to strike portions of plaintiff’s
memorandum [#187] is denied.
Plaintiff’s motion for costs [#195] is denied as moot.
Defendant Chicago Bancorp’s motion for extension of discovery (response to
plaintiff’s proposed amendment to the CMO) [#198] is granted.
All other motions remain under submission. A Second Amended Case
Management Order is entered this same date.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 31st day of December, 2013.
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