West et al v. Bank of America Home Loans

MOTION to Compel Answers to Interrogatories and Admissions

D. Nev.June 9, 2011

Z j ; . ' ' . , .'.- . . - I . - . p . ; ; k ,. j.j ç y. . Ll Thomis F . Wes! and Diana M. West .a . . (I,kj 5620 Scenic Pomte Ave. 2 Ixets vegms , Nevada 89l 30 a j gyj ..q y j : gtji a 656.3. 1i Telephon! (70 ) 1 3 Plaintiffs m Proper Person ; . r .. ; .. ?. . .. v . I ,)4 5 ---.. . .. . .. . - . ' a EJ l Y 6 UNITED STATES DISTRICT COURT 7 District of Nevada 8 'fllom s F. WEST and DIANA M. WEST ) )9 PLAINTIFFS ) Cmse No.: 2:10-cv-01966-JCM-GWF ) 10 vs . ) )11 BANK OF AMERICA, N.A. and ) ) MOTION TO COMPEL ANSWERS TO 12 BANK OF AMERICA HOME LOANS and ) m 'ITiltR.oclv om Es ANDADMISSIONS ) 13 BAC HOME LOANS SERVICING LP and ) )14 MERS - Mortgage Electronic Registration ) ) 15 Systems and ) ) 16 Recontrust Company, N.A. 17 DEFEN DANTS 18 19 COM ES NOW , Plaintiffs, Thomas F. W est and Diana M . W esto in tlle above styled action, and 20 moves the Court to issue an order pursuant to Fed. Rules of Civ. Proc. 37 compelling Defendants Bank of 21 Americaa N.A, Bank of America Home Loans, BAC Home Loans Servicing LP and M ERS - M ortgage 22 Electronic RegisH tion Systems œs well as Recontrust Company, N.A., joined in this Action by 23 Defendants, to respond to dle lnterrogatories and Admissions served upon them pursuant to Fed. Rules of 24 Civ. Proc. 33 and 36, as folows: 25 1. On April 13, 201 1, PlaintiFs served on œ fendants their response to Defendants' lnitial 2 6 Disclosure and W ritten Discovery, which is attached to this Motion. 27 2. 0n May 12, 201 1, Plaintiffs served on Defendants 14 Interrogatories in writing ptuiuant 28 to Rule 33 of the Federal Rules of Civil Prx edure, which interrogatories are attached to this motionl 1 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 1 of 28 l 2. On May 12, 201 1, Plaintiffs served on Defendants 20 admissions in writing pursuant to 2 Rule 36 of the Federal Rules of Civil Procedure, which admissions are attached to this motion. 3 3. On June 8, 201 l , Defendants noticed Plaintifrs that they are not required to respond to ' E 4 any of the written discovery requests, which correspondence is attached to this motion. ! ! t' 4. On June 3, 201 l , Defendants noticed Plaintiff's of the vacating of depositions of Plaintifs I 6 scheduled for June 7, 201 1, which notice is attached to this motion. E ' 7 5. The undersigned certities that the undersigned hms in good faith attempted to confer with i8 tlle Defendants' attorney in an unsuccessful effort to secure tlle requested information without court i 9 action. 10 CONCLUSION ; i 11 Defendants have not responded to the written requests served on April l 3, 20 1 1 . Due to this non 1 12 response, Plaintifl-s then served upon Defendants Interrogatories and Admissions, which Defendants now 13 refuse to respond to based upon their contention that the requests were untimely. Yet Defendants 14 scheduled the Taking of Depositions of Plaintiffs for June 7, 201 1, aRer the close of discovery. It is 15 imperative for thejust adjudication of this case and prepafation for trial that Defendants respond to tllese 16 svritten requests, for which they have had ample time to do so. 17 W herefore, Plaintiffs move that this court enter an order directing and requiring Defendants to 18 answer all of the admissions and interrogatories under oath and if necessary, extend the time of discovery> 19 to compel Defendants to answer the written requests. 2 0 Plaintifrs further move the court for an order awarding Plaintifrs the reasonable expenses incurred 21 on this motion. 2 2 . 23 Dated June , !T om . est I 24 plainti I In Pro Pemon , !2.s I < / iI 26 * ' Diana M , W est 27 Plaintiff ln Proper Person 28 E i i 2 I 1 l Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 2 of 28 2 3 4 5 6 PLAINTIFFS RESPONSE TO DEFENDANTS' INITIAL DISCLOSURE AN D W RITTEN DISCOVERY 8 9 10 12 14 15 16 18 19 20 21 23 24 28 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 3 of 28 1 Thomas F. W est and Diana M . W est 5620 Scenic Pointe Av .e 2 Las Vegas, Nevada 89130 Telephone (702 ) 656-308 13 Plainti ffs in Proper Person 1 5 6 UNITED STATES DISTRICT COURT S District of Nevada 8 THOMAS F. WEST and DIANA M. WEST ) ) 9 PLAINTIFFS ) Case No.: 2:l0-cv-01966-JCM-GWF )10 vs. ) )11 BANK OF AMERICA, N.A. and ) ) PLAINTIFFS' RESPONSE TO12 BANK OF AMERICA HOM E LOANS and ) DEFENDANTS' INITIAL DISCLOSURE ) AND WRITTEN DISCOVERY 13 BAC HOME LOANS SERVICING LP and ) )14 MERS - Mortgage Electronic Registration ) 1 ) i15 S ervices ) j ) ! 16 DEFENDANTS ! 17 18 Thomms F. W est and Diana M . W est, Plaintiffs, in accordance with Fed. Rules of Civ. 19 Proc. 26 and 1w11.26-5 responds to Defendants' Bank of America, N.A., Bank of America Home 20 Loans, BAC Home Loans Servicing LP and M ERS - M ortgage Electronic Registration Services 21 Initial Disclosure dated M arch 4, 201 1 as follows: 2 2 List of W itnesses 2 3 1. Person M ost Knowledgeable for BAC Home Loans Selwicing, LP 2 4 Plaintiffs request a complete disclosure, including background information, of the person 2 5 identitied as 'most knowledgeable'' to testify to the facts and circumstances surrounding claims 2 6 as asserted in the Com plaint. 2 1 2. Person Most Knowledgeable for Bank f America, N,A. 2 s 1 I Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 4 of 28 ( i i ' Plaintif-fs request a complete disclosure, including background intbnnation, of the person ! 2 identil-ied ms 'most knowledgeable'' to testify to the t*acts and circumstances surrounding claims 3 ms ftsserted in the Complaint. 1 3. Person M ost Knowledgeable for M ERS 5 Plaintil-fs request a complete disclosure, including background information, of the person 6 identified as ''most knowledgeable' to testify to the facts and circumstances surrounding claims 7 as asserted in the Complaint. 8 List of Documents 9 In regards to the disclosure of documents contained within the range of Bates Stamp 10 Numbers 'DEFS-OOOOI through DEFS-OOOI 76', these documents fail to provide the audit as p11 requested in Plaintiffs' Amended Complaint. Plaintiffs' request production of said audit to y 12 identify the Noteholder 'Holder in Due Course' of the ORIGINAL, unaltered mortgage 12 documents. 14 Additionally, Plaintiffs provide their com ments regarding certain documents disclosed on 15 the attached list/log of said documents, Exhibit A, which includes but is not limited to: 16 1. Defendants have failed to identify the location and identify the person who has 17 possession of the same; and 18 2. None of the documents are authenticated. l 9 20 Therefore, Plaintiffs request Defendants respond as required under Fed. Rules of 21 Civ. Proc. 26 and L1k26-5. 22 . l . ,-. . ,zz 23 Dated this 1 301 day of April, 20 1 1 . ..-. . z; . 24 - . zr''' - a..- . . Thom F. W est 25 pjaint' l P PWSO ' ' ''n r r .y2 6 q ( 27 w Diana M . W est 28 j jntjtyP a In Proper Person ' 2 ! Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 5 of 28 : 1 l ! 2 2 EX H IBIT A 1 5 6 7 8 9 : 10 ; l l . 12 13 l i14 ! $ 15 I 16 17 18 19 20 21 22 23 24 25 26 27 28 r 3 l I Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 6 of 28 United States District Court District of Nevada (Las Vegas) Case #; 2:10-cv-01966-JCM-GW F W est etal vs. Bank of America etal Plaintiffs' Response to Defendants tnitial Disclosure of Discovery Documents DEFS-0O063 - this document is unsigned by the sender, Quicken Loans, Inc. and unconfirmed by Countrywide Home Loans, lnc. However, it bears significant information to support the claims asserted in the Amended Complaint. This document addressed to Countwwide Home Loans, Inc. states that '' ...which Mortgage Loans are pledged to Countrywide Warehouse Lending (Lender) as security for a Ioan to Quicken Loans, Inc., a Michigan Corporation, ('ouicken Loans')? and are being delivered to you for inspection and purchase. Lender will release secured interest upon sale of the Ioan.' Plaintiffs request that Defendants provide evidence that the Ioan was or was not sold to Countrywide Home Loans, Inc.; that this transadion was consummated; that if sold, the Lender as identified in the Noticea Countrywide W arehouse Lending, released its secured interest upon sale of the Ioan; and identify the Iender to prove who has ownership claims or any interest in the indebtedness of Plaintiffs and any claim to the property under the rights conferred under the Subject Deed of Trust or otherwise. DEFS-00064 through DEFS-O0066 - this document is a mere copy and not authenticated as a true and exact copy of the original. Plaintiffs object to this document as evidence in this case unless Defendants provide details of the Iocation of the original wet ink signature note; identiW who has possession of the original wet ink signature note; and produce the original or a certified, authenticated copy of the original to prove who has ownership claims or any interest in the indebtedness of Plaintiffs and any claim to the property under the rights conferred under the Subject Deed of Trust or otherwise, DEFS-00068 throulh DEFS-00083 - this document is a mere copy and not authenticated as a true and exact copy of the original. Additionaly, this is one of 4 Deeds of Trust produced into evidence by Defendants. Plaintiffs object to this document as evldence in this case unless Defendants provide details of the location of the original; identif'y who has possession of the original; and produce the original or a certified, authenticated copy of the original to prove who has ownership claims or any interest in the indebtedness of Plainti/s and any claim to the property under the rights conferred under the Subject Deed of Trust or otherwise. DEFS-00084 throuRh 00099 - this document is another mere copy and not authenticated as a true and exact copy of the original, Additionaly, this is one of 4 Deeds of Trust produced into evidence. Plaintiffs objed to this document as evidence in this case unless Defendants provide details of the Iocation of the original; identify who has possession of the original; and produce the original or a certified, authenticated copy of the original to prove who has ownership claims or any interest in the indebtedness of Plaintiffs and any claim to the propef'ty under the rights conferred under the Subjed Deed of Trust or otherwise. DEFS-00100 through 00115 - this document is another mere copy and not authenticated as a true and exact copy of the original. Additionaly, this is one of 4 Deeds of Trust produced into evidence. Page 1 cf 2 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 7 of 28 United States District Court District of Nevada (Las Vegas) Case #: 2:10-cv-01966-JCM-GW F West etal vs. Bank of America etal Plaintiffs' Response to Defendants lnitial Disclosure of Discovery Document Plaintif'fs object to this document as evidence in this case unless Defendants provide details of the Iocation of the original; identify who has possession of the original; and produce the original or a certified, authenticated copy of the original to prove who has ownership claims or any interest in the indebtedness of Plaintif'fs and any claim to the property under the rights conferred under the Subjed Deed of Trust or otherwise. DEFS-00128 through DEFS-00136 - this document is a mere copy and not authenticated as a true and exact copy of the original, Plaintiffs request that Defendants provide details of the Iocation of the original; identify who has possession of the original; and produce the original or a certified, authenticated copy of the original to preve who has ownership claims or any interest in the indebtedness of Plaintiffs and any claim to the property under the rights conferred under the Subject Deed of Trust or otherwise. DEFS-00137 throuRh DEFS-00145 - Plaintiffs object to this document copy as it bears no relevancy to the I complaint and Iawsuit against Defendants DEFS-00148 throuRh DEFS-00156 - Plaintips object to this document copy as it bears no relevancy to the Complaint and Iawsuit against Defendants. DEFS-00157 - this document is a mere copy and not authenticated as a true and exact copy of the original. Plaintiffs request that Defendants provide details of the location of the original; identiW who'has possession of the original; and produce the original or a certified, authenticated copy of the original to prove who has ownership claims or any interest in the indebtedness of Plaintiffs and any claim to the property under the rights conferred under the Subject Deed of Trust or otherwise. DEFS-00158 - this doctlment is a mere copy and not authenticated as a true and exact copy of the original. Plaintiffs request that Defendants provide details of the location of the original; identify who has possession of the original; and produce the original or a certified, authenticated copy of the original to prove who has ownership claims or any interest in the indebtedness of Plaintiffs and any claim to the property under the rights conferred under the Subject Deed of Trust or otherwise. (7EF%00159 through 00174 - this document is Bnother mere copy and not authenticated as a true and exact copy of the original. Additionaly, this is one of 4 Deeds of Trust produced into evidence, Plaintiffs object to tbis document as evidence in this case unless Defendants provide details of the Iocation of the original; identify who has possession of the original; and produce the original or a certified, authenticated copy of the original to prove who has ownership claims or any interest in the indebtedness of Plaintiffs and any claim to the property under the rights conferred under the Subject Deed of Trust or otherwise. Page 2 of 2 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 8 of 28 1 CERTIFICATE OF M AILIN G 2 1 , Thomas F. W est, hereby certilies that on the l 3th day of Aplils 20 1 1 , and pursuant to 3 Fed R. Civ. P. 5(b), I served and deposited for mailing in the U.S. Mail PLAINTIFFS' 1 RESPON SE TO DEFENDANTS' INITIAL DISCLOSURE AN D W RITTEN DISCOVERY, 5 postage prepaid to: 6 7 christine M. Parvan I !Ariel E . Stern Akerm an Sentertill LLP : 400 South Fourth Street, Suite 450 Las Vegms, NV 89101 10 11 12 Dated: April 13, 201 1 .:;. ' .g . v'T ' - . l 3 ' z '. . --' /Y'N-o . est14 Plaintiff 15 ln Proper Person 1 6 17 18 1 9 20 2 l a 2 23 z 4 2 5 2 6 2 7 2 8 4 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 9 of 28 2 3 4 5 6 PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANTS 8 9 1 O 12 13 14 4 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 10 of 28 l Thomas F. W est and Diana M , W est 5620 Scenic Pointe Ave. 2 Lms Vegas, Nevada 89130 Telephone (702 ) 656-30813 Plaintiff-s in Proper Person 4 s 6 UN ITED STATES DISTRICT COURT 7 District of Nevada 8 THOM AS F. W EST and DIANA M . WEST ) ) 9 PLAINTIFFS ) Case No.: 2:10-cv-01966-JCM-GWF ! ) : 10 vs . ) ) 11 BANK OF AMERICA, N.A. and ) ) PLAINTIFFS' FIRST SET OF 12 BANK OF AMERICA HOME LOANS and ) INTERROGATORIES TO DEFENDANTS ) 13 BAC HOME LOANS SERVICING LP and ) ) 14 M ERS - Mortgage Electronic Registration ) ) 15 Systems and ) ) :6 Recontrust Company, N.A. 17 DEFENDANTS l 8 19 20 COM ES NOW , Plaintiffs, Thomas F. W est and Diana M . W est, in the above styled action. and 2 l serves these Interrogatories in accordance with Fed. Rules of Civ. Proc. 33 upon Defendants Bank of 22 Americw N.A.. Bank of America Home Loans, BAC Home Loans Servicing LP and M ERS - Modgage 23 Electronic Registration Systems as well as Recontrust Company, N.A.,joined in this Action by 2 4 Defendants. 25 You are hereby notified to answer under oath the interrogatories numbered from 1 to 14, 2 6 inclusive, as shown belowa within 30 days aher service of the interrogatories in accordance with Rule 33 27 of the Federal Rules of Civil Procedure. Plaintit'fs request that the Defendants answer the following 28 interrogatories in writing and under oath pursuant to Rule 33 of the Federal Rules of Civil Procedure, l Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 11 of 28 1 and lhat the answcrs be served on the Plaintit-fs within 30 day's after service ofthese interrogatories. 2 In answering these interrogatories, tkrnish aIl infonnationa however obtained, including hearsay, 3 that is available to you and information know'n by or in possession of yourseifp your agents and your 4 attorneys, or appearing in your records. 5 If you cannot answer the following interrogatories in f'ul aher exercising due diligence to secure 6 the full information to do so, so state and answer to the extent possible. specifying y'our inability to 7 answer the remainder, stating whatever information or knowledge you have concerning the unanswexd 8 portion and detailing what you did in attempting to secure the unknown information. If you cannot 9 furnish exact informationv such as dates, periods or amounts, supply estimated information to the extent 10 possible and indicate that the information is estimated. ' 11 A question that seeks information contained in or information about or identitication of any i12 d ocuments may be answered by providing a copy of such document for inspection and copying or by I 1 3 furnishing a copy of such document without a request for production. . 14 If you object to furnishing any information requested by these interrogatories on the grounds of l 5 privilege. work product or other grounds, your response should state the existence of the infonnation, k 6 document or communication. identify the specific grounds on which your objection is based and identify 17 the information objeded to by furnishing its date, participants (e.g., names of speakers or authors or 18 addressees) and a general description of the nature, rather than the substance of the purportedly protected 19 information. lf the objected to infonnation contains relevant non-objectionable matter, you should 20 disclose it. 2 1 These interrogatories shall be deemed to be continuing until and during the course of trial, 22 Information sought by these interrogatories that you obtain after you serve your answers must be 23 disclosed to the Plaintiffs by supplementae answers. You are obligated to supplement your responses to 2 4 these interrogatories no Iater than thirty days after the discovery of the new information and in no ekent 25 Iater than Gfteen days before the Grst day of trial, 2 6 27 DEFINITIONS 2 8 The following definitions apply to these interrogatories: 2 i I I I Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 12 of 28 I ( i 1 . Comlnunication, The term 'communication' Ineans the transmittal of intbrmation 2 (in the form of facts, ideas, inquiries, or otherwise). 3 2. Doculnent. The term 'doculnent' is defined to be synonymotls in meaning and tqual 4 in scope of the usage of this term in Rule 34(a) of the Federal Rules of Civil Procedure, A draû or 5 non-identical copy is a separate doculnent within the meaning of this term. 6 3. Identify. 7 a. W hen used in retkrence to a natural person means: that person's full name, 8 present or Iast known business address, present or Iast known business telephone number, present 9 or last know'n occupation, employer, and position and that person's occupation or position during 10 the time relevant to the particular interrogatory'. 1 l b, W hen used in reference to an entity means: its ftll and complete name, its type 1 2 of entity (i.e., corporation, partnership, unincomorated association, trade name, etc.), the location1 3 of its principal place of business, its lnailing address, and its telephone number. 1 4 l .b c. W hen used in reference to a document means: a description of the type of 1 6 document, the identity of the person or persons who authored, prepared, signeds and received the l 7 document , the date, title, and general description of the subject matter of the document, present 1 8 Iocation or custodian of the originai and each copy of the document, the identity of any persins 1 9 who can identify the document, and if a privilege is claimed, the specific basis for such claim, in 2 a addition to the information set forth above. 2 1 22 d. The word 'document' is used herein in its broader sense to mean every book, 2 a document or other tangible thing, including without limitation the following items, whether :4 printed. typed, recorded. photographed, tilmed or reproduced by any process, namely: 2 s agreements, communications, Ietters, memoranda magnetic tapes, computer readable material 2 6 business records, notes, reports. photographs, and/or summaries of investigations, drawings. 2.7 corporate records. desk calendars, appointment books. and any other intbrmation containing z: papers, writings or physical things. 3 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 13 of 28 : 4. Padies. The ttnns 'plaintiffs' and 'defkndants' as well as a party's full or 2 abbreviated name or a pronoun retkrring to a party mean the party and, where applicable. its otmcers, 3 directorsp employees, partners, corporate parent, subsidiaries, or afliliates. This detsnition is not intended 4 to impose a discovery obligation on any person who is not a party to the litigation . 5 5, Person. The tenn 'person' is detined as any natural person or any business , Iegal. 6 or governmental entity, or association. '? 6. You or Your. The words 'you' or 'your' mean the Defendants, its present and former i' members. otxcers. agentss employees, and a1I other persons acting or purporting to act on its behalf, 9 including a1l present or fonner members, officers, agents, employees, and al1 other persons exercising or 10 purporting to exercise discretion, making policy and making decisions. 11 12 You are requested to respond to the following Interrogatories: 13 l . Identify the Witnesses with a complete disclosure, including background information, of j i 14 the m rson identified as 'most knowledgeable' to testify to the facts and circumstances surrounding 1 15 claims as asserted in the Complaint. 16 2. Defendant. BAC Home Loans Sefvicing LP, to produce authenticated copies of a1l 17 agreements to support claims as ''servicer of the note' 18 3 . Defendants to produce authenticated copies of any and aIl agreements betweeft 19 Defendants regarding Plaintiffs' indebtedness 20 4. Defendants to produce authenticated copies of any and all agreements with any entities 21 regarding Plaintiffs' original loan documents, including the Note and Deed of Trust. 22 5. Defendants to identify Iocation, possession and produce unaltered original Ioan 23 documents, including but not limited to the Note and the Deed of Trust. 24 6. Defendants to produce copies of all written correspondence received frt:m Plaintiffs and 25 identify location of same. including identity of the person who has possession of the documents and 2 6 correspondence. 2 7 2 8 ( Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 14 of 28 l 7. Defendants to produce copies of alI wriqen correspondence sent to Plaintifrs regarding 2 the indebtednerxs of Plaintifrs including the identiî of the sender including name and position with the 3 entity they represent. 1 8. Derendants to identify Lender and produce copies of documentation to support this - !5 claim. 6 9. Defendants to identify the Noteholder and produce copies of dooumentation to support 7 this claim. 8 I 0. Defendants to identify Investors and produce copies of the documentation to support this 9 claim. 10 l 1 . Defendants to disclose the identity of the person or persons now owning the right to the 11 LOUDER indebtedness and the Secured Deed of Trust of PlaintiFs' alleged mortgage. 12 12, Defendants to provide a ful accounting for the transfers of Plaintiffs' promissory not: 13 and the sœ uritizntion of their promissory note. ! I 14 13. Defendants to produce copies of alI correspondence, written and oral from and bdwten l 5 the Defendantq and any other entities regarding the indebtedness of Plaintiffs. 16 14. Defendants to provide details of the location of the original mortgage loan documents; 17 identify who has possession of the original; and produce the original or a certitied, authenticatod oopy of 18 the original to prove who has ownership claims or any interest in the indebtedness of Plaintiffs and any 19 claim to the property under the rights conferred under the Subject Deed of Trust or othenvix. 2 0 'J . . ' .A' 2 l Dated May 1 2, 20 l 1 ' '( .--..y om . est 22 Plaint . .- . jrj pr r person 23 24 ------Diana M . W tst ' Plaintifr25 In Proper Person 2 6 2 7 2 8 5 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 15 of 28 j ' I 1 CERTIFICATE OF MAILING 2 1, Diana M. W est, hereby certities that on the 12th day of May, 2011, and pursuant to Fed 3 R. Civ. P. 5(b), I served and deposited for mailing in the U.S. Mail PLAm TIFFS' FIRST SET 4 OF INTERROGATORIES TO DEFENDANTS, postage prepaid to: 5 6 Christine M . Parvan Ariel E. Stern 7 Akerman Senterfitt LLP 8 400 South Fourth Street, Suite 450 Las Vegms, NV 89101 9 I zo I I .w .x ' T11 Dated: M ay 12 , 201 1 xw gY%.. 12 ' ' . ' Diana M . W est13 Plaintiff 14 ln Proper Person 15 16 17 18 19 20 21 22 23 24 2 5 2 6 2 7 2 8 6 ) Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 16 of 28 2 3 4 5 6 PLM NTIFFS' FIRST SET OF ADM ISSIONS TO DEFENDANTS 8 9 10 12 14 5 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 17 of 28 : 'rhomas F. W est and Diana M . W est 5620 Scenic Pointe Ave. 2 Las Vegas, Nevada 891 30 Telephone (702 ) 656-30813 Plaintiffs in Proper Person 4 5 6 UN ITED STATES DISTRICT COURT 7 District of Nevada 8 THOM AS F. WEST and DIANA M . WEST ) )9 PLAINTIFFS ) Case No.: 2: 10-cv-01966-JCM-GWF )10 vs. ) )11 BANK OF AMERICA, N.A. and ) ) PLAINTIFFS' FIRST SET OF ADMISSIONSi 12 B ANK OF AMERICA HOME LOANS and ) To DEFENDANTS ) 13 BAC HOM E LOANS SERVICING LP and ) - ) 14 MERS - M ortgage Electronic Registration ) ) ! kb Systems and ) ):6 Recontrust Company, N .A. 17 DEFENDANTS 18 19 2 0 COM ES NOW , Plaintiffs, Thomas F. W est and Diana M . W esq in the above styled action, and 21 serves these Admissions in accordance with Fed. Rules of Civ. Proc. 36 upon Defendants Bank of 22 Americw N.A., Bank of- America Home Loans, BAC Home Loans Servicing LP and MERS - Mortgage 23 Electronic Registration Systems as wel as Recontrust Company, N .A., joined in this Action by 2 4 Defendants. 2 5 Plaintif-fs request Defendants within 30 days af-ter service ef this request make the following 26 Admissions for the pumoses of this adion only and subject to all pertinent objections to admissibility 27 which may be interposed at trial. 2 8 1 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 18 of 28 1 Detkndants shall respond with the truth of any matters within the scope of Rule 26(b)( 1 ) relating 2 to: (a) facts. the application of 1aw to fact, or opinions about either; and (b) the genuineness of any 3 described documents. 4 A matter is admitted unless, within 30 days aher being served, the answering pany shall serve on 5 the Plaintiffs their written answer or objection addressed to the matter and signed by the Defendants or 6 their attorney. 7 If a mater is not admitted, the answer must specifically deny it or state in detail why the 8 answering parly cannot truthfully admit or deny it. A denial must fairly respond to the substance of the 9 matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the 10 answer must specify the part admitted and qualif .y or deny the rest. The answering party may asserî Iack l l of knowledge or infbrmation as a remson for failing to admit or deny only if the party states that it has ! l 2 made reasonable inquiry and that the information it knows or can readily obtain is insumcient to enable it 13 to admit or deny. I 14 lf a matter is objected to, the grounds for objecting to a request must l)e stated, A party must not ! 15 object solely on the ground that the request presents a genuine issue for trial. I ! l 6 These Admissions shall be deemed to be continuing until and during the course of trial. i 17 lnformation sought by these Admissions that you obtain after you serve your answers must be discloxd 1 8 to the Plaintiffs by supplementary answers. You are obligated to supplement your responses to these l 9 Admissions no later than thirty days afler the discovee of the new information and in no event Iater than 20 tiheen days before the tirst day of trial. 2 l 22 Each of the following statements is true: 2 3 ! . Defendants admit that they are not in possession of original blue ink signature 2 ( documentation securing Plaintiffs' indebtedness. 2 b 2. Defendants admit that they are not in possession of original blue ink signature 2 6 documentation showing ownership of the original deed of tnlst and other pedinent loan documents. 27 3. Defendants admit that they have used fraudulent means in the transfer of documentation 2 8 regarding the alleged loans. 2 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 19 of 28 l 4. Detkndants admit that they have fraudulently and with intent to create an tlntraceablq 2 paper trail regarding the alleged mortgage transferred the original documentation to unknown 3 Noteholders. 1 5. Defendants admit that they w'ere one of the creators of the securitization process. 5 6. Defendants admit that they have used tkaudulent signatures on documents regarding the 6 transfer of the aleged mortgages. 7 7. Defendants admit that they have erroneously tiled documents in the Clark County 8 Recorder's Offke regarding the transfer of trustees with the intent to defraud Plaintiff. 9 8. Defendants admit to fraud in the indtlcement regarding the fraudulent transfçr from one 10 entity to another regarding this alleged mortgage. 11 9. Defendants admit that the modgage Ioan was securitized and that they do not now have 12 any claim as holder in due course as they have been paid in ful from the debt pool. 13 l 0. Defendants admit that they ignored repeated attempts by Plaintiffto tender payment in : 4 full of alleged mortgage thereby admitting they are not the Holders in Due Course of the Original 15 M ortgage Decuments. l 6 l I . Defendants admit that they ignored repeated attempts by Plaintiff to tender payment in 17 full of alleged mortgage thereby violating UCC3-603. 18 1 2. Defendants admit that they did not fully respond to Plaintiffs' Qualitied W ritten Request 19 and TILA request as required by taw and thus admitted that their silence is attributed to fraud. 20 l 3. Defendants admit that they do not know even know who the Noteholder is nor in which 21 country the Noteholder resides. 22 l4. Defendants admit that due to the deregulation act of l 984, that this bank as well as others 2 3 embarked on a vile scheme to defraud and manipulate the mortgage industry as well as the banking 24 industry and devastate W all Street tinancial institutions in the process, 25 l 5. Defendants admit that Plaintiffs transfer of Power of Attorney and Trustee is valid g : 2 6 according to the law and due to their non response and silence to that notice admits that they have no righ 27 under the law to transfer to any subsidiary company ()r unknown party the alleged collection t)f- Plaintiffs' 28 alleged mortgage Ioan. 3 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 20 of 28 1 1 6. Derendants admit that accordingly to Iaw Defendants have no legal right to transfer any 2 documentation regarding Plaintiffs' alleged modgage ioan to unknown parties for Default and Election to a sell, 4 1 7. Defendants admit that although they refer to Investors involved in Plaintiffs alleged 5 mortgage loan they do not know who thex investors are nor in which oountry they reside. 6 1 8. Defendants admit that they do not have proof of any claims on Plaintifs aleged 7 mortgage Ioan. ' 8 19. Defendants, Bank of Americas N.A., Bank of America Home Loans. and BAC Home 1 1 i 9 Loans Servicing, LP, through their parent corporation and of themselves admit that they acquired 10 Countrywide Home Loans and aI1 of its subsidiaries. 11 20. Defendanl, Bank of America Home Loans atzd BAC Home Loans Servicing, LP, adlnit 12 that they were fonnerly known as Countlwide Home Loans and its subsidiaries as evidenced by i 13 documents recorded in the Clark County Recorder's office. ./ 14 '...e* z.F 1 5 Dated M ay 1 2, 20 1 l .' . w Thommq F. W est 16 pjaia -- ..... In Pr r Person 'X17 . . . . . . * f * . . - . . -- .. .-. ' Diana M. West ( 19 Plaintiff In Proper Person 2 o 2 l 2 2 2 3 2 4 2 5 2 6 2 7 2 8 4 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 21 of 28 I . r 1 2 CERTIFICATE OF M AILING 3 ises that on the 12th day of M ay , 201 1, and pursuant to FH1, Diana M . W est hereby cert 1 , y-jps,r sE'rR. Civ. P. 5(b), I served and deposited for mailing in the U.S. Mail PLAINTIFFS 5 OF ADM ISSIONS TO DEFEN DANTS , postage prepaid to: 6 7 christine M . Parvan Ariel E. Stem8 Akennan Senterfitt LLP 9 400 South Fourth Street Suite 450 ' Las Vegas. NV 89101 10 11 12 Dated: May 12, 201 1 . . .-.. ' 1 ûj ' '' ' = .> .. . ...bjma u wayj14 . PlaintiF l 5 In Proper Person 16 17 : 18 19 20 21 22 23 24 2 5 2 6 27 2 8 5 ; Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 22 of 28 2 3 4 5 6 NOTICE OF VACATING DEPOSITIONS OF PLM NTIFFS 8 9 l 0 12 14 15 18 24 6 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 23 of 28 ç J, k /& l ARIEL E . STERN, ESQ. Nevada BarNo. 8276 2 CHRISTINE M . PARVAN, ESQ. Nevada Bar No. 1071 l 3 AKERMAN SENTERFI'I'T LLP 400 South Fourth Stree t Suite 450 4 Las Vegas y Nevada 89101 Telephone: (702) 634-50005 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com6 Email: christine.parvan@akerman.com 7 Atorneysfor Depndant BAC Home L oans Servicing, L P (as named8 and also improperly named as Bank of America Home L oans),9 Bank ofAmerica, NA. aM MERS 1 0 UNITED STATES DISTRICT COURT j q l 1ö z m srm c'r owxsvaox= z 7 l ë 1- 1220 THOM AS F. W EST and DIANA M . W EST, Case No.: 2:10-cv-01966-JCM-PALI k'g:; : ;: 13 1! % j 4 Plaintiffs, tj ; .s 14 NOTICE OF VACATING DEPOSITIONSbX = p vs. OF PLAINTIFI'SR j ;1 5 X* BANK OF AM ERICA HOM E LOANS; BANKV :1 @' u R R' 16 OF AMERICAN.A.; BAC HOME LOANS R j nl SERVICING, LP; and MERS (Mortgage' - 17 Electronic Registration Syltems), 18 oefendanfs . 19 PLEASE TAKE NOTICE that Defendants BAC Home Loans Servicing , LP (as named and 20 also improperly named as Bank of America Home Loans) (6BAC') , Bank of Am erica N.A.N and 21 MERS CDefendants'), hereby vacate the depositions of Plaintiff THOMAS F. W EST and DIANA 22 M . W EST previously scheduled for June 7, 201 1. 23 Dated this 3rd day Qf June , 20l 1. AKERMAN SENTERFITT LLP24 25 -ARIEL E . STE ,llN ESQ. Nevada Bar No. 827626 cultlsl'm c M, PARVAN, EsQ. Nevada Bar No. 1071 l27 400 South Fourth Street, Suite 450 Las Vegas, Nevada 8910128 yjtovneysyor Depndant (.L.v034!98;l J 1 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 24 of 28 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that, on the 3rd day oflune, 201 1 and pursuant to Fed. R. Civ. P. 5(b), 3 I sen'ed and deposited for mailing in the U.S. Mail a true and correct copy of the foregoing 4 NOTICE OF VACATING DEPOSITIONS OF PLAINTIFFS, postage prepaid (if necessary) to 5 all parties listed as follows: 6 7 THOM AS F. W EST DIANA M . W EST 8 5620 Scenic Pointe Avenue Las Vegas, Nevada 891399 Pro se Plaintp10 ! i! 1 1 An employe A ERMAN SENTERFI'I'T uLpö z a : ; 1ëQ 12 >-. ,-.& $k j 17 18 19 20 21 22 23 24 25 26 27 I 28 i I i (1-v034198:1 1 2 ! Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 25 of 28 2 3 4 5 6 DEFENDANTS RESPONSE TO PLAINTIFFS' W RITTEN DISCOVERY REOUESTS 8 10 14 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 26 of 28 Tom W est From: christine.palvan@akerman.com Sent: W ednesday, June 08, 2011 1255 PM To: tomanddianawest@cox.net cc: Stacy.Warner@akerman.com Subject: West v. BAC, et al', Case No.: 2:10-cv-01966-JCM-GWF Dear Mr. and Mrs. West: We are in receipt of your written dir very requests to my clients, including interY atories and rm uests for pdmisslon, date May 12, 2011, which my office reœ ived on May 13, 2011. Pursuant to the dir very scheduling order in this case, the dl-rlr k.pwoapprvun@.ikprman.com V Card I B1o I akerman.com Akee- l % nteefitt * Akerfn.n SenterMt Lœ * Mtor- : at t.- akermafl.com GONFIDENTIALITY NOTE: n e informaticn conlained in *is tfarsmKsion may be privileged and cone enlial, and is intended only for the use of the individual or entlty' named above. If tlY rea* of this message is not the inlended recipient you are hareby note d thal any dKseminae n, distribution or œpylng ofthis communicatie is stridly prohibRed. If you Nave feœ ived this tfafwme ion In erroq please immediately reply to the sender that you have f'eceived thi: œ mmune tiœ in error ari then dekle it Thank you. CIRCULAR 230 NOTICE: TQ cofnply with U.S. Treasury DepartmeM and lRS reguiatioe , we are required to advise you that, unl- expressly stated otherwise, any U.S. fe* al tax adviœ œntaineö in this transmital, is not intenœ or e ten to be usedl and cannot te used, by any person for the purpose of (i) avoiding penalKe.s urder tl:e U.S. lrlternal R- nte Cœe. œ' ji) prœnding, mafketing nr fecœnfrendklg to anoter party any trarœ ditm or mater addM- - in t/IiS e-mail or attachment. l Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 27 of 28 r l ! ! ' 1 CERTIFICA'I'E oF M AILING 2 1 , Diana M . West hereby certifies that a copy of the M otion to Compel Arlswers to 3 Interrogatories and Adm issions tiled on the day of June , 201 1, in the above-entitled case 4 was mailed by me on June Q , 201 1 by depositing copies thereof in a sealed envelope, first- s class postage prepaid, in the United States mail, to 6 Christine M . Parvan Ariel E. Stem , Esq.7 Akerman Senterlitt LLP 8 400 South Fourth Street Suite 450 Las Vegas, N V 89101 9 lo BY'IC Of Am ericw N .A . Brian M aynihan, President, CEO zl 100 N . Tyron st. Charlotte, NC 28263 12 la Bnnk of America Hom e Loans Barbara J. Desoer, President 14 1757 Tapo Canyon Road Simi Valley, CA 93063 15 16 BAC Home Loans Servicing, LP 400 N ational W ay 17 Simi Valley, CA 93065-6285 18 MERS - Mortgaje Electronic Registration Systems 19 RK Amold, Presldent CEO 1818 Library Street, Suite 300 20 Reston , VA 20190 21 Recon-fnzst Company, N .A. 22 Laul'a Dalley, Authorized Signer 2380 Performance Dr. 23 ,j.x2.,84.:4. Richardson, 'fX 7508224 25 Dated: June 9, 20l 1 '-'- 26 'v. 27 Diana M . W est Plaintiff ! 28 In Proper Person i 8 Case 2:10-cv-01966-JCM -GWF Document 39 Filed 06/09/11 Page 28 of 28