Opinion
Case No. 2:11-cv-13325
06-25-2012
FEDERAL NATIONAL MORTGAGE ASSOCIATION, a corporation existing under the laws of the United States, Plaintiff, v. WELLINGTON INVESTMENTS, L.L.C., a Michigan limited liability company, and MARK A. WHITE, a Michigan citizen, Defendants.
Dennis J. Levasseur (P39778) Carl T. Rashid (P66064) Attorneys for Plaintiff Federal National Mortgage Association SULLIVAN WARD ASHER & PATTON, P.C. Kevin S. Toll (P69611) Sheri B. Cataldo (P39276) Kevin S. Toll (P69611) Attorneys for Defendants Wellington Investments, LLC and Mark A. White
Hon. Marianne O. Battani
Magistrate Judge Mark A. Randon
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO
COMPEL DISCOVERY AND DEFENDANTS' MOTION TO COMPEL DISCOVERY
Plaintiff having filed a motion to compel discovery (ECF No. 19) and defendants having filed a motion to compel discovery (ECF No. 17), the parties having filed response briefs in opposition and replies in support of the respective motions (ECF Nos. 22, 26, 27 & 28), a hearing having been held on June 14, 2012, and this Court being otherwise duly advised in the premises;
IT IS HEREBY ORDERED that plaintiff and defendants shall withdraw their objections that the opposing party submitted more than twenty five interrogatories. Plaintiff will answer defendants' Interrogatory Nos. 16, 17, and 18. Defendants shall withdraw their objections from each and will answer plaintiff's requests that ask defendants to identify and/or describe documents that support its answers (Interrogatory Nos. 3, 4, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, and 25). Finally, no more interrogatories are allowed by any party.
IT IS HEREBY FURTHER ORDERED that plaintiff shall supplement its answers to defendants' Interrogatory Nos. 2, 8, 9, and 13 by providing information known to the plaintiff.
IT IS HEREBY FURTHER ORDERED that plaintiff does not have to produce a copy of the appraisal requested in defendants' Document Request No. 4. Plaintiff does have to respond to defendants' Interrogatory No. 6 by stating the purchase price.
IT IS HEREBY FURTHER ORDERED that defendants shall supplement answers to plaintiff's Interrogatory Nos. 12 through 25 by explaining the factual basis for their affirmative defenses.
IT IS HEREBY FURTHER ORDERED that defendants shall supplement answers to plaintiff's Interrogatory Nos. 8, 10 and 11 and Document Request Nos. 1 and 5. At a minimum, defendants shall produce the management agreement, retainer agreement, and rent checks, to the extent the rent checks are in defendants' possession, custody or subject to its control.
IT IS HEREBY FURTHER ORDERED that defendants shall withdraw their objections to plaintiff's Document Request Nos. 3, 5, 8 and 9.
IT IS HEREBY FURTHER ORDERED that no costs or fees are awarded to either party.
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Mark A. Randon
United States Magistrate Judge
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, June 25, 2012, by electronic and/or ordinary mail.
Melody Miles
Case Manager
APPROVED AS TO FORM:
BODMAN PLC
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Dennis J. Levasseur (P39778)
Carl T. Rashid (P66064)
Attorneys for Plaintiff Federal National
Mortgage Association
SULLIVAN WARD ASHER & PATTON,
P.C.
Kevin S. Toll (P69611)
Sheri B. Cataldo (P39276)
Kevin S. Toll (P69611)
Attorneys for Defendants Wellington
Investments, LLC and Mark A. White