Opinion
SUPERIOR COURT CIVIL ACTION DOCKET NO. RE-17-198
02-05-2020
WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2000-B, ASSET-BACKED CERTIFICATES, SERIES 2000-B Plaintiff, v. MARY A. SPENCER AKA MARY SPENCER AKA POLLY SPENCER Defendant and DANA LODGE CONDOMINUM ASSOCIATION Party in Interest.
For Plaintiff: Loraine Hite, Esq.; Todd Richard Ketcham, Esq.; Gregory Braun, Esq. & Tristan Birkenmeier, Esq. For Defendant: Neil S. Shankman, Esq. For PII Dana Lodge: William Leete, Esq.
For Plaintiff: Loraine Hite, Esq.; Todd Richard Ketcham, Esq.; Gregory Braun, Esq. & Tristan Birkenmeier, Esq. For Defendant: Neil S. Shankman, Esq.
For PII Dana Lodge: William Leete, Esq. STATE OF MAINE
CUMBERLAND, ss.
ORDER PLAINTIFF'S MOTION IN LIMINE
TITLE TO REAL ESTATE INVOLVED
Before the Court is Plaintiff, Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2000-B, Asset-Backed Certificates, Series 2000-B's Motion in Limine seeking to admit into evidence a certain record pursuant to M.R. Evid. 803(6) and 902(11). To the extent the information and figures integrated into the record were created by a third party, and seek to be admitted for its truth, the affiant must demonstrate "sufficient knowledge of both businesses' regular practices to demonstrate the reliability and trustworthiness of the information" therein. KeyBank Nat'l Ass'n v. Estate of Quint, 2017 ME 237, ¶ 13, 176 A.3d.
On January 22, 2020, this Court granted Plaintiff's Motion without hearing or receipt of a timely opposition. Having received and considered Defendant's Opposition, the Court hereby vacates its previous order. Because further witness testimony is required, Plaintiff's Motion is hereby DENIED. Dated: 2/5/2020
/s/_________
MaryGay Kennedy, Justice
Maine Superior Court