Preview
Filing # 35907335 E-Filed 12/24/2015 04:54:08 PM
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT, IN
AND FOR BREVARD COUNTY,
FLORIDA
CIVIL DIVISION
CASE NO.: 05-2012-CA-0668
10-
XXXX-XX
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
Plaintiff,
VS.
JAMES COOK A/K/A JAMES E. COOK, et al
Defendants. /
PL TIFF’S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS
COMES NOW the Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, by
and through its undersigned counsel and pursuant to Rule 1.350 of Florida Rules of Civil
Procedure hereby files this response to the Request for Production of Documents propounded by
Defendants JAMES COOK, and states:
GENERAL OBJECTIONS
1 Plaintiff objects to producing any document or information that is protected by the
attorney-client privilege, attorney work product doctrine, accountant-client privilege, regulatory
privilege, bank examination privilege, and any other applicable privilege.
2. Plaintiff objects to producing any document or information that is not relevant, not
reasonably calculated to the matters at issue as framed by the pleadings, and not reasonably
calculated to lead to the discovery of admissible evidence as to those matters.
3 Plaintiff objects to producing any document or information that is in the public domain or
otherwise readily accessible to the defendant or obtainable from some source that is more
convenient, less burdensome, or less expensive.
PH # 54434, Page
| of 6
Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX
4. Plaintiff objects to producing any document or information of about which Plaintiff has
no personal knowledge or which is not in Plaintiffs possession, custody or control.
5 Plaintiff objects to producing any document or information relating to a time period that
is unduly burdensome and not reasonably calculated to lead to the discovery of admissible
evidence as to matters at issue as framed by the pleadings.
6 Plaintiff objects to producing any document or information that is not already in
existence or requires Plaintiff to speculate about future events.
7
Plaintiff objects to producing any document or information that is proprietary or
confidential to Plaintiff without first having an executed mutually acceptable confidentiality
agreement and protective order of the court.
8 Plaintiff objects to producing any document or information from its counsel rather than
from Plaintiff.
9 Plaintiff objects to the Defendant’s Definitions and Instructions to the extent that they
impose a greater burden, create a broader scope of discovery, or are otherwise inconsistent with
Rules 1.280 and 1.370 Fla.R.Civ.P.
10. Plaintiff reserves the right to supplement or amend these Responses and Objections.
il. Plaintiff, through its Responses and Objections to the Defendant’s Requests, does not
waive its right to challenge the relevance, materiality, or admissibility of the requested
documents or information or object to the use thereof at trial or any other proceeding in this case.
SPECIFIC RESPONSES
1. The Notice of Default that you sent to Mr. Cook.
Response: Plaintiff responds to this request by providing a copy of the Breach Letter.
PH # 54434, Page 2 of6
Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX
2. All written notices of assignment of the subject debt sent to Mr. Cook. If no
notices of assignment were sent to Mr. Cook, please simply state so in your response.
Response: Plaintiff responds to this request by providing a copy of the Hello/Goodbye
Letter(s).
3. The HUD-1 Settlement Statement that you gave to Mr. Cook prior to or at
closing.
Response: Plaintiff responds to this request by providing a copy of the Hud-1 Settlement
Statement.
4, The Truth-in-Lending disclosure that you gave to Mr. Cook prior to or at closing.
Response: Plaintiff responds to this request by providing a copy of the Truth in Lending
Disclosure Statement.
5. All correspondence that you sent to Mr. Cook via certified mail.
Response: Plaintiff responds to this request by providing a copy of the Correspondence
File.
6. Proof of delivery for all written correspondence you sent to Mr. Cook. If you do
not have proof of delivery for all written correspondence sent, then please produce proof of
delivery for the written correspondence you sent to Mr. Cook for which you do have such
proof.
PH # 54434, Page 3 of6
Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX
Response: Plaintiff responds to this request by providing a copy of the Correspondence
File.
7. Your telephone log (or equivalent) showing all telephone calls that you initiated to
Mr. Cook.
Response: Plaintiff responds to this request by providing a copy of the Collection Notes.
8. For all telephone conversations you had with Mr. Cook that were recorded, please
produce the recorded conversations, if you do not have a copy of the recorded
conversations, we will accept a transcript of the recorded conversations. if you did not
record any telephone conversations with Mr. Cook, please simply state so in your response.
Response: Plaintiff objects to this request on the grounds that it is irrelevant and
immaterial. Subject to and without waiving said objection, Plaintiff responds to this request by
providing a copy of the Collection Notes.
9. Your travel log (or equivalent) showing the dates that you physically visited the
subject property. If you never visited the property, please simply state that fact as your
response.
Response: Plaintiff objects to this Request as being irrelevant, and unduly burdensome
and is not designed or calculated to lead to the discovery of admissible evidence.
10. The wet-ink original mortgage upon which you rely in bringing this action.
Response: The Original wet-ink Mortgage was filed with the court on August 19, 2015.
PH # 54434, Page 4 of 6
Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX
11. All assignments of the subject mortgage.
Response: Plaintiff responds to this request by providing a copy of the Assignment of
Mortgage(s).
12. The wet-ink original promissory note upon which you rely in bringing this
action.
Response: The Original wet-ink Note was filed with the court on August 19, 2015.
13. Regarding your allegation in paragraph 10 of your Complaint, for all conditions
precedent that you performed in writing, please produce those writings.
Response: Plaintiff responds to this request by providing a copy of the Breach Letter(s).
14, Regarding your allegation in paragraph 10 of your Complaint, for all conditions
precedent that you claim were waived by Mr. Cook, please produce the written waivers.
Response: Not applicable.
15. Regarding your allegation in paragraph 4 of your Complaint, please produce the
instrument authorizing you to bring this action on behalf of the Federal National Mortgage
Association.
Response: Plaintiff objects to this request on the grounds that it is irrelevant and
immaterial. Fla. R. Civ. Pro. Rule 1.280(b) allows discovery that is “relevant to the subject
matter of the pending action, whether it relates to the claim or defense of the party seeking
PH # 54434, Page 5 of6
Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX
discovery or the claim or defense of any other party.” Defendant is neither a third party
beneficiary nor a member of a class of third party beneficiaries as it pertains to the Servicing
Agreement. Defendant does not have standing to assert any defenses regarding the subject
Servicing Agreement.
16. The entire transaction history for the life of the subject loan.
Response: Plaintiff responds to this request by providing a copy of the Hud-1 Settlement
Statement.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing RESPONSE TO
REQUEST FOR PRODUCTION OF DOCUMENTS was sent via US Mail and/or Email to all
parties pursuant to the attached service list this 24th day of December, 2015.
Phelan Hallinan Diamond & Jones, PLLC
Attorneys for Plaintiff
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Tel: 954-462-7000
Fax: 954-462-7001
Service by email: FL.Service@ PhelanHallinan.com
By: _ /s Brian E. Catelli.
Phelan Hallinan Diamond & Jones, PLLC
Brian E. Catelli, Esq., Florida Bar No. 86441
PH # 54434, Page 6 of 6
Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX
SERVICE LIST
CASE NO.: 05-2012-CA-066810-XXXX-XX
ENRIQUE LAW FIRM
Attn: DONATO J. RINALDI, Esq.
d.rinaldi@ enriquelawfirm.com
Attorney for Defendant JAMES COOK A/K/A JAMES E. COOK
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE
FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON
MUTUAL BANK FKA WASHINGTON MUTUAL BANK, FA
C/O LEGAL DEPT
1111 POLARIS PKWY
COLUMBUS, OH 43240-2031
PHELAN HALLINAN DIAMOND & JONES, PLLC
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Service by Email: FL.Service
@ PhelanHallinan.com
PH #54434
Filing @PPRVP8R 8:12 AM JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX
Preview
Filing # 35907335 E-Filed 12/24/2015 04:54:08 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 05-2012-CA-0668 10- XXXX-XX FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, VS. JAMES COOK A/K/A JAMES E. COOK, et al Defendants. / PL TIFF’S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS COMES NOW the Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, by and through its undersigned counsel and pursuant to Rule 1.350 of Florida Rules of Civil Procedure hereby files this response to the Request for Production of Documents propounded by Defendants JAMES COOK, and states: GENERAL OBJECTIONS 1 Plaintiff objects to producing any document or information that is protected by the attorney-client privilege, attorney work product doctrine, accountant-client privilege, regulatory privilege, bank examination privilege, and any other applicable privilege. 2. Plaintiff objects to producing any document or information that is not relevant, not reasonably calculated to the matters at issue as framed by the pleadings, and not reasonably calculated to lead to the discovery of admissible evidence as to those matters. 3 Plaintiff objects to producing any document or information that is in the public domain or otherwise readily accessible to the defendant or obtainable from some source that is more convenient, less burdensome, or less expensive. PH # 54434, Page | of 6 Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX 4. Plaintiff objects to producing any document or information of about which Plaintiff has no personal knowledge or which is not in Plaintiffs possession, custody or control. 5 Plaintiff objects to producing any document or information relating to a time period that is unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence as to matters at issue as framed by the pleadings. 6 Plaintiff objects to producing any document or information that is not already in existence or requires Plaintiff to speculate about future events. 7 Plaintiff objects to producing any document or information that is proprietary or confidential to Plaintiff without first having an executed mutually acceptable confidentiality agreement and protective order of the court. 8 Plaintiff objects to producing any document or information from its counsel rather than from Plaintiff. 9 Plaintiff objects to the Defendant’s Definitions and Instructions to the extent that they impose a greater burden, create a broader scope of discovery, or are otherwise inconsistent with Rules 1.280 and 1.370 Fla.R.Civ.P. 10. Plaintiff reserves the right to supplement or amend these Responses and Objections. il. Plaintiff, through its Responses and Objections to the Defendant’s Requests, does not waive its right to challenge the relevance, materiality, or admissibility of the requested documents or information or object to the use thereof at trial or any other proceeding in this case. SPECIFIC RESPONSES 1. The Notice of Default that you sent to Mr. Cook. Response: Plaintiff responds to this request by providing a copy of the Breach Letter. PH # 54434, Page 2 of6 Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX 2. All written notices of assignment of the subject debt sent to Mr. Cook. If no notices of assignment were sent to Mr. Cook, please simply state so in your response. Response: Plaintiff responds to this request by providing a copy of the Hello/Goodbye Letter(s). 3. The HUD-1 Settlement Statement that you gave to Mr. Cook prior to or at closing. Response: Plaintiff responds to this request by providing a copy of the Hud-1 Settlement Statement. 4, The Truth-in-Lending disclosure that you gave to Mr. Cook prior to or at closing. Response: Plaintiff responds to this request by providing a copy of the Truth in Lending Disclosure Statement. 5. All correspondence that you sent to Mr. Cook via certified mail. Response: Plaintiff responds to this request by providing a copy of the Correspondence File. 6. Proof of delivery for all written correspondence you sent to Mr. Cook. If you do not have proof of delivery for all written correspondence sent, then please produce proof of delivery for the written correspondence you sent to Mr. Cook for which you do have such proof. PH # 54434, Page 3 of6 Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX Response: Plaintiff responds to this request by providing a copy of the Correspondence File. 7. Your telephone log (or equivalent) showing all telephone calls that you initiated to Mr. Cook. Response: Plaintiff responds to this request by providing a copy of the Collection Notes. 8. For all telephone conversations you had with Mr. Cook that were recorded, please produce the recorded conversations, if you do not have a copy of the recorded conversations, we will accept a transcript of the recorded conversations. if you did not record any telephone conversations with Mr. Cook, please simply state so in your response. Response: Plaintiff objects to this request on the grounds that it is irrelevant and immaterial. Subject to and without waiving said objection, Plaintiff responds to this request by providing a copy of the Collection Notes. 9. Your travel log (or equivalent) showing the dates that you physically visited the subject property. If you never visited the property, please simply state that fact as your response. Response: Plaintiff objects to this Request as being irrelevant, and unduly burdensome and is not designed or calculated to lead to the discovery of admissible evidence. 10. The wet-ink original mortgage upon which you rely in bringing this action. Response: The Original wet-ink Mortgage was filed with the court on August 19, 2015. PH # 54434, Page 4 of 6 Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX 11. All assignments of the subject mortgage. Response: Plaintiff responds to this request by providing a copy of the Assignment of Mortgage(s). 12. The wet-ink original promissory note upon which you rely in bringing this action. Response: The Original wet-ink Note was filed with the court on August 19, 2015. 13. Regarding your allegation in paragraph 10 of your Complaint, for all conditions precedent that you performed in writing, please produce those writings. Response: Plaintiff responds to this request by providing a copy of the Breach Letter(s). 14, Regarding your allegation in paragraph 10 of your Complaint, for all conditions precedent that you claim were waived by Mr. Cook, please produce the written waivers. Response: Not applicable. 15. Regarding your allegation in paragraph 4 of your Complaint, please produce the instrument authorizing you to bring this action on behalf of the Federal National Mortgage Association. Response: Plaintiff objects to this request on the grounds that it is irrelevant and immaterial. Fla. R. Civ. Pro. Rule 1.280(b) allows discovery that is “relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking PH # 54434, Page 5 of6 Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX discovery or the claim or defense of any other party.” Defendant is neither a third party beneficiary nor a member of a class of third party beneficiaries as it pertains to the Servicing Agreement. Defendant does not have standing to assert any defenses regarding the subject Servicing Agreement. 16. The entire transaction history for the life of the subject loan. Response: Plaintiff responds to this request by providing a copy of the Hud-1 Settlement Statement. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS was sent via US Mail and/or Email to all parties pursuant to the attached service list this 24th day of December, 2015. Phelan Hallinan Diamond & Jones, PLLC Attorneys for Plaintiff 2727 West Cypress Creek Road Ft. Lauderdale, FL 33309 Tel: 954-462-7000 Fax: 954-462-7001 Service by email: FL.Service@ PhelanHallinan.com By: _ /s Brian E. Catelli. Phelan Hallinan Diamond & Jones, PLLC Brian E. Catelli, Esq., Florida Bar No. 86441 PH # 54434, Page 6 of 6 Filing 35907335 JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX SERVICE LIST CASE NO.: 05-2012-CA-066810-XXXX-XX ENRIQUE LAW FIRM Attn: DONATO J. RINALDI, Esq. d.rinaldi@ enriquelawfirm.com Attorney for Defendant JAMES COOK A/K/A JAMES E. COOK JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK FKA WASHINGTON MUTUAL BANK, FA C/O LEGAL DEPT 1111 POLARIS PKWY COLUMBUS, OH 43240-2031 PHELAN HALLINAN DIAMOND & JONES, PLLC 2727 West Cypress Creek Road Ft. Lauderdale, FL 33309 Service by Email: FL.Service @ PhelanHallinan.com PH #54434 Filing @PPRVP8R 8:12 AM JPMORGAN CHASE VS JAMES COOK 05-2012-CA-066810-XXXX-XX