Residential Funding Company, LLC v. Academy Mortgage Corporation

Plaintiff: Residential Funding Company, LLC
Defendant: Academy Mortgage Corporation
Case Number: 0:2013cv03451
Filed: December 12, 2013
Court: US District Court for the District of Minnesota
Office: DMN Office
County: Hennepin
Presiding Judge: Janie S. Mayeron
Presiding Judge: Susan Richard Nelson
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 11, 2019 Opinion or Order Filing 5179 Minute Entry for Case Management Conference held before Judge Susan Richard Nelson on 7/11/2019: taking under advisement 5112 Defendant Primary Residential Mortgage, Inc.'s Motion for Jury Trial; denying as moot 5156 Defendant Primary Residential Mortgage, Inc.'s Motion to Compel. See minute entry for additional details and rulings. (Court Reporter Carla Bebault) (MJC)
June 21, 2019 Opinion or Order Filing 5147 REDACTED VERSION of 5132 SEALED ORDER granting 4852 Motion for Attorney Fees. This document relates to: ResCap Liquidating Trust v. Home Loan Center, Inc., Case No. 14-cv-1716 (SRN/HB). Signed by Judge Susan Richard Nelson on 6/12/2019. Redacted version approved by Judge Nelson filed on 6/21/19. (Written Opinion)(SMD)
June 12, 2019 Opinion or Order Filing 5131 Omnibus Order Re: Rule 50(a) JMOL Motions in ResCap Liquidating Trust v. Home Loan Center, Inc., Case No. 14-cv-1716 (SRN/HB) (Written Opinion). Signed by Judge Susan Richard Nelson on 6/12/2019. (MJC)
June 3, 2019 Opinion or Order Filing 5117 ORDER denying 5070 Defendant InterLinc Mortgage Services, LLC's Motion to Bifurcate (Written Opinion). Signed by Judge Susan Richard Nelson on 6/3/2019. (MJC)
March 18, 2019 Opinion or Order Filing 5039 ORDER granting in part and denying in part 4739 Plaintiff's Motion for Prejudgment Interest (Written Opinion). This document relates to: ResCap Liquidating Trust v. Home Loan Center, Inc., Case No. 14-cv-1716 (SRN/HB). Signed by Judge Susan Richard Nelson on 3/18/2019. (MJC) Modified text on 3/18/2019 (SMD).
February 4, 2019 Opinion or Order Filing 4977 ORDER regarding discovery related to attorneys' fees in response to 4966 Plaintiff's January 28, 2019 Letter and 4970 Home Loan Center's January 30, 2019 Sealed Letter. (Written Opinion). Signed by Judge Susan Richard Nelson on 2/4/2019. (MJC)
January 2, 2019 Opinion or Order Filing 4806 ORDER in Response to 4797 Plaintiff's Letter regarding briefing schedules and summary judgment motions (Written Opinion). Signed by Judge Susan Richard Nelson on 1/2/2019. (MJC)
December 20, 2018 Opinion or Order Filing 4799 ORDER re 4752 Letter to District Judge by ResCap Liquidating Trust and iServe Residential regarding the parties' jury waiver dispute. This document relates to: ResCap Liquidating Trust v. iServe Residential Lending, LLC as successor to United Residential Lending LLC, Case No. 13-cv-3531 (SRN/HB) (Written Opinion). Signed by Judge Susan Richard Nelson on 12/20/2018. (SMD)
October 22, 2018 Opinion or Order Filing 4641 Order re: Admissibility of HLC's "RFC Sole Responsibility" Argument and Related Evidence. Signed by Judge Susan Richard Nelson on 10/22/2018. (ACT)
October 17, 2018 Opinion or Order Filing 4626 Order re: Admissibility of Bill Cleary Deposition Testimony. Signed by Judge Susan Richard Nelson on 10/17/2018. (ACT)
October 11, 2018 Opinion or Order Filing 4593 ORDER RE: ADMISSIBILITY OF CERTAIN EVIDENCE CONCERNING MBIA'S PROOFS OF CLAIM AGAINST GMAC MORTGAGE AND RESCAP(Written Opinion). Signed by Judge Susan Richard Nelson on 10/11/2018. (Tuggle, Anderson)
October 8, 2018 Opinion or Order Filing 4551 OMNIBUS MEMORANDUM OPINION AND ORDER RE: MOTIONS IN LIMINE. This document relates to: ResCap Liquidating Trust v. Home Loan Center, Inc., Case 14-cv-1716 (SRN/HB). 1. ResCap's Motion in Limine No. 1, to exclude certain arguments and evidenc e regarding the value of Allowed Claims, the Identity of Unit Holders, and the Mechanics of Bankruptcy Plan Distribution [Doc. No. 4015], is GRANTED. 2. ResCap's Motion in Limine No. 2, to preclude HLC from offering unproven assertions of RF C's alleged misconduct [Doc. No. 4017], is GRANTED IN PART and DEFERRED IN PART. 3. ResCap's Motion in Limine No. 3, to exclude evidence of attorney representation [Doc. No. 4019], is GRANTED IN PART and DEFERRED IN PART. 4. ResCap& #039;s Motion in Limine No. 4, to exclude evidence and argument that highlights or disparages the confidentiality of the mediation in RFC's bankruptcy case [Doc. No. 4021], is GRANTED.5. ResCap's Motion in Limine No. 5, to exclude previ ously undisclosed evidence and argument in opposition to re-underwriting findings [Doc. No. 4023], is DENIED AS MOOT. 6. ResCap's Motion in Limine No. 6, to exclude certain evidence and argument concerning ResCap's AVM expert [Doc. No. 4024], is DENIED AS MOOT. 7. ResCap's Motion in Limine No. 7, to exclude evidence and argument concerning the feasibility of re-underwriting every at-issue loan [Doc. No. 4028], is GRANTED. 8. ResCap's Motion in Limine No. 8, to ex clude evidence and argument regarding Homecomings' practices [Doc. No. 4029], is DEFERRED. 9. ResCap's Motion in Limine No. 9, to preclude HLC from referencing non-bankruptcy-related proceedings against RFC, Ocwen, or their affiliates [ Doc. No. 4031], is GRANTED. 10.ResCap's Motion in Limine No. 10, to exclude evidence and argument inconsistent with forthcoming orders concerning the parties' summary judgment and Daubert motions [Doc. No. 4032], is DENIED AS MOOT. 11.HLC's Motion in Limine No. 1, to exclude the Bankruptcy Court's findings and approval of the settlements [Doc. No. 3962], is GRANTED IN PART and DENIED IN PART. 12.HLC's Motion in Limine No. 2, to preclude ResCap from arguing or presenting evidence about its valuation of claims, pre-mediation statements, or the fact of mediation [Doc. No. 3968], is DENIED. 13.HLC's Motion in Limine No. 3, to exclude certain arguments and evidence regarding RFC's bankruptcy cre ditors [Doc. No. 3979], is DENIED. 14.HLC's Motion in Limine No. 4, to exclude arguments and evidence regarding identities of investors in the RMBS trusts [Doc. No. 3984], is DENIED AS MOOT. 15.HLC's Motion in Limine No. 5, to exclu de certain arguments and evidence regarding the financial crisis and RFC's loss of business [Doc. No. 3989], is GRANTED IN PART and DENIED AS MOOT IN PART. 16.HLC's Motion in Limine No. 6, to preclude ResCap from using information from post-settlement employer subpoenas to allocate the settlements [Doc. No. 3995], is DENIED. 17.HLC's Motion in Limine No. 7, to exclude evidence or argument regarding appraiser-specific research [Doc. No. 3998], is GRANTED IN PART and DENIED IN PART. 18.HLC's Motion in Limine No. 8, to preclude ResCap's experts from improperly vouching for other experts [Doc. No. 4003], is DENIED WITHOUT PREJUDICE. 19.HLC's Motion in Limine No. 9, to exclude the Bankruptcy Court's findings regarding the settlements of the Trusts' servicing claims [Doc. No. 4010], is DENIED. (Written Opinion) Signed by Judge Susan Richard Nelson on 10/8/2018. (SMD)
September 19, 2018 Opinion or Order Filing 4471 ORDER granting in part, denying in part, and denying as moot in part 3192 Defendants' Motion to Exclude Expert Testimony; granting in part, denying in part, and denying as moot in part 3245 Plaintiff's Motion to Exclude Expert Testimony (Written Opinion). Signed by Judge Susan Richard Nelson on 9/19/2018. (MJC)
September 18, 2018 Opinion or Order Filing 4458 MEMORANDUM AND OPINION Regarding Determination of Reasonableness (Written Opinion). Signed by Judge Susan Richard Nelson on 9/18/2018. (MJC)
September 4, 2018 Opinion or Order Filing 4343 ORDER in Response to 4336 Letter from Standard Pacific Mortgage and CTX Mortgage Company to District Judge, 4340 Home Loan Center's Letter to District Judge, 4333 Plaintiffs' Letter to District Judge. (Written Opinion). Signed by Judge Susan Richard Nelson on 9/4/2018. (MJC)
August 15, 2018 Opinion or Order Filing 4307 MEMORANDUM OPINION AND ORDER granting in part, denying in part, and denying without prejudice in part 3241 Plaintiffs' Motion for Summary Judgment on Common Issues; granting in part and denying in part 3247 Defendants' Motion for Summary Judgment on Common Issues. (Written Opinion) Signed by Judge Susan Richard Nelson on 8/15/2018. (SMD)
June 14, 2018 Opinion or Order Filing 3882 ORDER regarding requests from Plaintiffs [Doc. No. 3778] and Defendant InterLinc Mortgage Services, LLC [Doc. No. 3767] for discovery-related declarations. See Order for details. (Written Opinion). Signed by Judge Susan Richard Nelson on 6/14/2018. (MJC)
April 12, 2018 Opinion or Order Filing 3408 ORDER regarding the parties' letters [Doc. Nos. 3405; 3407] concerning use of particular typeface (Written Opinion). Signed by Judge Susan Richard Nelson on 4/12/2018. (MJC)
March 23, 2018 Opinion or Order Filing 3179 ORDER granting 3178 the parties' joint letter request for limited extensions as to experts Lin and Brazier (Written Opinion). Signed by Judge Susan Richard Nelson on 3/23/2018. (MJC)
August 11, 2017 Opinion or Order Filing 2734 ORDER re 2732 Parties' Stipulation concerning payment of costs for additional Iron Mountain and Corodata documents. (Written Opinion). Signed by Judge Susan Richard Nelson on 08/11/2017. (MJC)
July 21, 2017 Opinion or Order Filing 2706 MEMORANDUM OPINION AND ORDER denying 2344 Motion to Dismiss/General; granting 2350 Motion for Joinder insofar as the motion requests permission to join in PNC's arguments concerning subject matter jurisdiction, but denying as to dismissal. (Written Opinion) Signed by Judge Susan Richard Nelson on 07/21/2017. (SMD)
July 11, 2017 Opinion or Order Filing 2691 ORDER regarding a dispute between Defendant First Guaranty Mortgage Corporation ("FGMC") and Plaintiffs regarding the scope of FGMCs Revised Phase II Rule 30(b)(6) Topics [Doc. Nos. 2626 and 2617]. See Order for details (Written Opinion). Signed by Judge Susan Richard Nelson on 07/11/17. (MJC)
June 30, 2017 Opinion or Order Filing 2678 ORDER denying Defendants' requests [Doc. Nos. 2311 & 2376] with respect to Plaintiffs' AVM methodology and appraisal-based breaches. (Written Opinion). Signed by Judge Susan Richard Nelson on 06/30/17. (MJC)
June 21, 2017 Opinion or Order Filing 2662 ORDER granting in part and denying in part 2447 Motion to Compel Discovery of Servicing Records filed by Defendant Provident Funding and joined by Defendant First Guaranty Mortgage Corporation (Written Opinion). Signed by Judge Susan Richard Nelson on 06/21/17. (MJC)
June 14, 2017 Opinion or Order Filing 2646 ORDER granting in part and denying in part 2441 Defendants' Motion to Compel Discovery of Iron Mountain Servicing Records (Written Opinion). Signed by Judge Susan Richard Nelson on 06/14/17. (MJC)
June 5, 2017 Opinion or Order Filing 2629 ORDER re 2612 Letter to District Judge filed by ResCap Liquidating Trust, Residential Funding Company, LLC concerning Plaintiffs' Reasonableness Report and Defendants' Depositions of Ally Financial, Inc. and Timothy Devine (Written Opinion). Signed by Judge Susan Richard Nelson on 06/05/17. (MJC)
April 25, 2017 Opinion or Order Filing 2502 ORDER denying 1846 Motion to Dismiss for Lack of Personal Jurisdiction; granting in part and denying in part 1846 Motion to Dismiss for Failure to State a Claim; denying 1846 Motion to Transfer Venue; granting in part and denying in part 1853 Motion to Dismiss for Failure to State a Claim; denying 1853 Motion to Dismiss for Lack of Personal Jurisdiction; denying 1853 Motion to Dismiss for Improper Venue. (Written Opinion) Signed by Judge Susan Richard Nelson on 4/25/2017. (SMD)
March 27, 2017 Opinion or Order Filing 2368 ORDER denying plaintiff's 2247 Motion to Disqualify the Stinson Leonard Street Counsel. (Written Opinion) Signed by Chief Judge John R. Tunheim on March 27, 2017. (DML)
February 10, 2017 Opinion or Order Filing 2199 ORDER granting in part and denying in part Defendant First Guaranty Mortgage Corporation's Motion to Compel Phase II 30(b)(6) Deposition Testimony of Plaintiffs [Doc. No. 2115]. This ruling also applies to similar issues raised in letters to the Court filed by Defendants Provident Funding Associates, L.P. [Doc. Nos. 2104 & 2077], Synovus Mortgage Corp. [Doc. No. 2150], and iServe Residential Lending, LLC [Doc. No. 2148]. Defendant PNC's letter request [Doc. No. 2145-1] is granted in part and denied in part. (Written Opinion). Signed by Judge Susan Richard Nelson on 02/10/17. (MJC)
January 27, 2017 Opinion or Order Filing 2170 ORDER clarifying the Court's December 15, 2016 ruling [Doc. No. 2059 at 2-3]. Defendants may substitute two RFC repurchase fact witnesses for two of the 18 deponents whom Defendants disclosed on December 9, 2016 (Written Opinion). Signed by Judge Susan Richard Nelson on 01/27/17. (MJC)
December 30, 2016 Opinion or Order Filing 2078 ORDER modifying 2023 Order permitting Stinson to remain engaged in the case as discovery counsel until January 31, 2017, provided Stinson withdraws its appearance as counsel of record and does not appear before Judge Nelson. (Written Opinion). Signed by Chief Judge John R. Tunheim on December 30, 2016. (DML)
September 29, 2015 Opinion or Order Filing 919 ORDER denying 519 DBSP's Motion to Dismiss the Second Amended Complaint. This document relates to: Residential Funding Company, LLC v. DB Structured Products, Inc., and MortgageIT, Inc., File No. 14-cv-0143. (Written Opinion) Signed by Judge Susan Richard Nelson on 09/29/2015. (SMD)
July 28, 2015 Opinion or Order Filing 673 ORDER denying 317 Defendant Hometown Mortgage Service Inc.'s Unique Issue Motion to Dismiss Count I of Plaintiff's Second Amended Complaint. This document relates to Residential Funding Company, LLC v. Hometown Mortgage Services, Inc., Case No. 14-cv-3509. (Written Opinion) Signed by Judge Susan Richard Nelson on 07/28/15. (SMD)
July 15, 2015 Opinion or Order Filing 620 ORDER denying 304 Defendant RBC Mortgage Company's Motion to Dismiss. (Written Opinion). Signed by Judge Susan Richard Nelson on 07/15/2015. (SMD)
July 14, 2015 Opinion or Order Filing 616 ORDER denying 321 Motion to Dismiss/General (Written Opinion). Signed by Judge Susan Richard Nelson on 07/14/2015. (SMD)
June 25, 2015 Opinion or Order Filing 569 ORDER denying 310 Motion to Dismiss filed by Defendants CMG Mortgage, Inc. and Home Loan Center, Inc.(Written Opinion). Signed by Judge Susan Richard Nelson on 06/25/15. (MJC)
June 16, 2015 Opinion or Order Filing 537 AMENDED MEMORANDUM OPINION AND ORDER denying Defendant Decision One Mortgage Company LLC's Motion to Dismiss Plaintiff's First Amended Complaint. This Memorandum Opinion and Order is amended solely to remove Circle Mortgage Group, which is no longer a party in the consolidated proceedings. (Written Opinion). Signed by Judge Susan Richard Nelson on 06/16/15. (SMD)
June 12, 2015 Opinion or Order Filing 534 ORDER denying 299 Motion to Dismiss/General by PHH Mortgage Corporation (Written Opinion). Signed by Judge Susan Richard Nelson on 06/12/15. (SMD)
June 11, 2015 Opinion or Order Filing 529 ORDER denying 215 Motion to Dismiss/General; denying as moot 249 Motion for Joinder; denying as moot 260 Motion for Joinder; denying as moot 261 Motion for Joinder; denying as moot 262 Motion for Joinder (Written Opinion). Signed by Judge Susan Richard Nelson on 06/11/15. (SMD)
June 8, 2015 Opinion or Order Filing 511 MEMORANDUM OPINION AND ORDER denying 225 Motion to Dismiss the First Amended Complaint by Defendants DB Structured Products, Inc. and MortgageIT, Inc. (Written Opinion). Signed by Judge Susan Richard Nelson on 06/08/2015. (SMD)
May 27, 2015 Opinion or Order Filing 485 ORDER overrruling 406 Defendants' Joint Objection to Plaintiffs' Employer Subpoena Program and denying request for protective order. (Written Opinion). Signed by Judge Susan Richard Nelson on 05/27/15. (SMD)
May 21, 2015 Opinion or Order Filing 469 AMENDED MEMORANDUM OPINION AND ORDER. Amending the Court's Order of April 28, 2015 397 on Plaintiff's Motion to Strike, or in the alternative, For Judgment on the Pleadings as to Ten of Defendants' Affirmative Defenses (Written Opinion). Signed by Judge Susan Richard Nelson on 5/21/15. (SMD)
May 18, 2015 Opinion or Order Filing 452 ORDER denying 266 the Transfer Defendants' Collective Motion to Dismiss Plaintiff's Breach of Contract Claims. (Written Opinion). Signed by Judge Susan Richard Nelson on 05/18/15. (SMD)
April 28, 2015 Opinion or Order Filing 397 ORDER granting in part and denying in part without prejudice 148 Motion to Strike, or in the alternative, For Judgment on the Pleadings as to Ten of Defendants' Affirmative Defenses (Written Opinion). Signed by Judge Susan Richard Nelson on 04/28/2015. (SMD)
April 16, 2015 Opinion or Order Filing 374 ORDER granting in part and denying in part without prejudice 154 Motion to Approve Use of Statistical Sampling (Written Opinion). Signed by Judge Susan Richard Nelson on 04/16/15. (SMD)
March 24, 2015 Opinion or Order Filing 297 ORDER OF RECUSAL AND REASSIGNMENT AS TO CASE 13cv3545 (PAM/JJG) ONLY. (Written Opinion). Signed by Judge Susan Richard Nelson on 03/24/15. (SMD)
November 12, 2014 Opinion or Order Filing 75 ORDER denying 42 Motion to Dismiss (Written Opinion). Signed by Judge Susan Richard Nelson on 11/12/2014. (SMD)

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Plaintiff: Residential Funding Company, LLC
Represented By: Donald G Heeman
Represented By: Daniel R Kelly
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Defendant: Academy Mortgage Corporation
Represented By: James L Forman
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