Kinnamon v. Ditech Financial, LLC

Filing 125

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion for Rule 37 Sanctions 106 is GRANTED in part as follows: (SEE ORDER FOR DETAILS). Signed by District Judge John A. Ross on 12/13/2017. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CHRISTINA KINNAMON, individually
and on behalf of all others similarly situated,
Plaintiff,
v.
DITECH FINANCIAL, LLC,
Defendant.

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No. 4:16-CV-00646 JAR

MEMORANDUM AND ORDER
Following a hearing on the record, the Court finds that Ditech willfully violated the
Court’s July 21, 2017 discovery order in certain respects.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Rule 37 Sanctions [106] is
GRANTED in part as follows:
Within thirty (30) days of the date of this Order, Ditech shall: (1) produce to Plaintiff and
Plaintiff’s expert complete copies, in CSV format, of the dialer “contact event” table; the USCe
table containing the Account Notes; and the Account Change History Table; (2) identify all data
keys that link the tables together; provide a data dictionary for each table; and provide copies of
all queries run against those tables in order to make its October 26, 2017 production; and (3)
designate a liaison to communicate with Plaintiff’s expert to answer questions about the data.
Ditech shall pay Plaintiff’s reasonable expenses, including attorney’s fees, incurred in the
preparation, drafting and filing of her Motion for Rule 37 Sanctions and appearance before the
Court for oral argument on the motion. The Court will defer entering a final order regarding

Plaintiff’s costs and expenses at this time.
IT IS FURTHER ORDERED that in all other respects, Plaintiff’s Motion for Rule 37
Sanctions is DENIED.

Dated this 13th day of December, 2017.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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