Opinion
3:22-cv-1522 (SRU)
08-16-2024
HAWORTH COUNTRY CLUB, LLC, et al., Plaintiffs, v. C. BARTON GULLONG, et al., Defendants.
MEMORANDUM AND ORDER
Stefan R. Underhill United States District Judge
On August 15, 2024, I held a telephonic motion hearing on the record with Steven Berglass and James Nugent, attorneys for the plaintiffs, Haworth Country Club, LLC, and MN Lending, LLC; and Robert Rimmer, attorney for the defendants, C. Barton Gullong and Bart Supply, LLC. The purpose of the call was to hold argument on the plaintiffs' renewed motion regarding the defendants' failure to produce discovery, doc. no. 44.
First, Attorney Berglass confirmed that outstanding discovery included documents showing the consideration paid for the 2016 mortgage. Attorney Rimmer cited his attempts to find an original wire transfer or cancelled check, but he had been unable to locate documents related to consideration paid for the 2016 mortgage. Attorney Rimmer has, thus far, produced documents from 2022 to present day.
Attorney Rimmer maintained his objection that documents prior to 2022 are outside the scope of discovery because the plaintiffs' mortgage is junior in priority to the defendants' mortgage. I disagreed. I therefore partially treated the motion, doc. no. 44, as a motion to compel discovery of the 2016 documents, and granted the motion on that ground. I ordered that any documents pertaining to consideration for the 2016 mortgage shall be produced within thirty days, or by September 16, 2024.
Attorney Berglass also brought to my attention a recent discovery issue that was not included in his motion. On August 14, 2024, Attorney Rimmer had produced a document related to a 2013 mortgage. Attorney Rimmer claimed that the 2016 mortgage was simply a restatement of the 2013 mortgage with a lower interest rate; no new funds were transferred. Attorney Berglass discussed the need to obtain discovery regarding the 2013 mortgage, citing the apparent differences between the 2013 mortgage ($480,000) and the 2016 mortgage ($395,000). I agreed. I therefore encouraged Attorney Berglass to submit a new request for document production from 2013 to present with regards to the consideration for all applicable mortgages. I also encouraged Attorney Rimmer to preemptively expand his search for documents from 2013 onwards, in anticipation of Attorney Berglass's forthcoming discovery request.
So ordered.