Jemelka v. Ocwen Loan Servicing LLC et al
| Genella M Taylor Stubru Jemelka |
| TIAA FSB Holdings, Inc, Ocwen Loan Servicing LLC, RBS Financial Products Inc, Everbank Financial Corporation and Greenwich Capital Inc |
| 9:2019mc80375 |
| March 18, 2019 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Bruce E Reinhart |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing 3
PAPERLESS ORDER addressing Motion. THIS CAUSE is before the Court on the Movants Ocwen Loan Servicing, LLC, Sean Wright, Heather Rogerson, and Anthony Aviles Motion for Protective Order and to Quash Subpoenas, ECF No. #1 , (Motion). On March 18, 2019, the day before the scheduled deposition of Sean Wright, Movants filed the instant Motion. In the Motion, the Movants argue that the Court should enter a protective order and quash the Subpoenas under Fed. R. Civ. P. 26 and 45 because they are harassing, impose an undue burden, seek testimony that is irrelevant to the narrow claims in this matter, and are disproportionate to the needs of the case. ECF No. #1 , at 2. Rule 26(c) allows the issuance of a protective order if good cause is shown. In addition to requiring good cause, this circuit has also required the district court to balance the interests of those requesting the order. A district court must articulate its reasons for granting a protective order sufficient for appellate review. McCarthy v. Barnett Bank of Polk Cty., 876 F.2d 89, 91 (11th Cir. 1989). The party seeking a protective order has the burden to demonstrate good cause and must make a particular and specific demonstration of fact as distinguished from stereotyped and conclusory statements supporting the need for a protective order.). The Court has reviewed the Motion, the record and the applicable law. Here, the Motion is supported by affidavits from the witnesses set to be deposed (Sean Wright, Heather Rogerson, and Anthony Aviles, collectively referred to as Deponents), which state in conclusory fashion that attendance at the deposition would be unduly burdensome. ECF Nos. [1-1], [1-3], [1-5], [1-7]. To the extent that the Movants argue that the information sought is irrelevant, the Court would reject such argument. Movants concede that a core issue in this case is the execution of the 2016 Loan Modification Movants further concede that each of the Deponents is referenced in the comment log of the loan file it produced relating to the signature requirements of the 2016 Loan Modification. ECF No. #1 , at 5-6. Thus, the Court disagrees that the information sought is irrelevant to Plaintiffs case. After a review of the Motion, the Court finds that the Movants have failed to present good cause sufficient to show a protective order is warranted. The Motion, ECF No. #1 , is DENIED. Defendant Ocwen Loan Servicing LLC is DIRECTED to serve a copy of this Order on the Plaintiff, the Defendants, and all respective counsel, and the Clerk of Court is DIRECTED to CLOSE this case. Signed by Judge Beth Bloom (BB)
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| Case Terminated per DE 3 Order. Closing Case. (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom and Magistrate Judge Bruce E. Reinhart. (jao) |
| Filing 1 Defendant's Petition/Motion (Complaint) RE: Subpoena to Quash from Another District . Filing fee $47.00 receipt number 113C-11483053, filed by RBS Financial Products Inc f/k/a Greenwich Capital Inc, TIAA FSB Holdings, Inc f/k/a Everbank Financial Corporation, Ocwen Loan Servicing LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Affidavit, #4 Exhibit, #5 Affidavit, #6 Exhibit, #7 Affidavit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Civil Cover Sheet)(Broderick, Patrick) |
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