County Of Cook v. Bank of America Corporation et al

MOTION

N.D. Ill.April 6, 2016

OUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COUNTY OF COOK, Plaintiff, v. BANK OF AMERICA CORPORATION, BANK OF AMERICA, N.A., COUNTRYWIDE FINANCIAL CORPORATION, COUNTRYWIDE HOME LOANS, INC., COUNTRYWIDE BANK, FSB, COUNTRYWIDE WAREHOUSE LENDING, LLC, BAC HOME LOANS SERVICING, LP, MERRILL LYNCH & CO., INC., MERRILL LYNCH MORTGAGE CAPITAL INC., and MERRILL LYNCH MORTGAGE LENDING, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 14-cv-2280 Honorable Elaine E. Bucklo Magistrate Judge Mary M. Rowland DEFENDANTS’ MOTION TO COMPEL RULE 30(b)(6) DEPOSITION OF COOK COUNTY Pursuant to Rule 37(a) for the Federal Rules of Civil Procedure and Rule 37.2 of the Local Rules of the United States District Court for the Northern District of Illinois, Defendants Bank of America Corporation (named here in its own capacity and as successor by October 1, 2013 de jure merger with Merrill Lynch & Co., Inc.); Bank of America, N.A. (named here in its own capacity and as successor by de jure mergers with Countrywide Bank, FSB and BAC Home Loans Servicing, L.P.); Countrywide Financial Corporation; Countrywide Home Loans, Inc.; Merrill Lynch Mortgage Capital Inc.; and Merrill Lynch Mortgage Lending, Inc. (collectively, “Defendants”), by and through their attorneys, hereby move the Court for an order compelling Plaintiff Cook County (the “County”) to provide Rule 30(b)(6) testimony, as detailed in the Case: 1:14-cv-02280 Document #: 116 Filed: 04/06/16 Page 1 of 4 PageID #:2487 2 accompanying Memorandum. As set out in the accompanying Memorandum filed on this date, the factors considered in determining whether to compel the County to produce this relevant and responsive discovery strongly favor granting this motion. In compliance with L.R. 37.2, Defendants certify that after extensive consultation by telephone and email in good faith attempts to resolve differences, they are unable to reach an accord with the County’s counsel over the requested relief. Specifically, as explained in the accompanying Memorandum, the County’s counsel Daniel Dailey and James Evangelista held a telephonic conference with Defendants’ counsel Sabrina Rose-Smith, Catalina Azuero and Alicia Rubio on these issues on March 22, 2016, and the County’s counsel Daniel Dailey and Defendants’ counsel Sabrina Rose-Smith held a teleconference on these issues on March 30, 2016. WHEREFORE, Defendants respectfully request that the Court grant their Motion and order the County to provide the requested Rule 30(b)(6) testimony. Case: 1:14-cv-02280 Document #: 116 Filed: 04/06/16 Page 2 of 4 PageID #:2488 3 Dated: April 6, 2016 Respectfully Submitted, By: /s/ Sabrina Rose-Smith Joel Erik Connolly econnolly@winston.com Ryan Marc Dunigan rdunigan@winston.com WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL 60601-9703 Tel.: (312) 558-5600 Fax: (312) 558-5700 Thomas M. Hefferon thefferon@goodwinprocter.com Sabrina M. Rose-Smith srosesmith@goodwinprocter.com Matthew S. Sheldon msheldon@goodwinprocter.com GOODWIN PROCTER LLP 901 New York, Avenue, N. W Washington, DC 20001 (212) 346-4000 James W. McGarry jmcgarry@goodwinprocter.com GOODWIN PROCTER LLP Exchange Place Boston MA, 02109 (617) 570-1000 Attorneys for Defendants Case: 1:14-cv-02280 Document #: 116 Filed: 04/06/16 Page 3 of 4 PageID #:2489 CERTIFICATE OF SERVICE I hereby certify that on April 6, 2016, I caused a true and correct copy of the foregoing to be served upon counsel of record as of this date by electronic filing. /s/ Sabrina Rose-Smith One of the attorneys for Defendants Case: 1:14-cv-02280 Document #: 116 Filed: 04/06/16 Page 4 of 4 PageID #:2490