CitiMortgage, Inc. v. Just Mortgage, Inc.
Plaintiff: CitiMortgage, Inc.
Defendant: Just Mortgage, Inc.
Case Number: 4:2009cv01909
Filed: November 20, 2009
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - County
Presiding Judge: David D. Noce
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Contract Dispute
Jury Demanded By: None
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Date Filed Document Text
December 13, 2013 Opinion or Order Filing 294 MEMORANDUM - For the reasons stated above, the motion of plaintiff CitiMortgage, Inc., for provisional remedies under Mo. Rev. Stat. § 428.039 against defendants Chang Hwan Choi and Eun. H. Choi (Doc. 263 ) is sustained in part and denied in part. The motion of plaintiff CitiMortgage, Inc. to compel interrogatories and deposition testimony (Doc. 273 ) is sustained in part and denied in part. The motions of plaintiff CitiMortgage for orders authorizing and directing the Internal Revenue Service and United States Department of Housing and Urban Development to produce the financial information of Just Mortgage for the years 2006 through 2012 (Docs. 278 , 279 ) are sustained. The motion of plaintiff CitiMortgage, Inc. to strike (Doc. 267 ) is sustained in part and denied in part. An appropriate Order is issued herewith. Signed by Magistrate Judge David D. Noce on 12/13/13. (KJS)
March 21, 2013 Opinion or Order Filing 242 MEMORANDUM - Following the disposition of plaintiffs claims through summary judgment, plaintiff Citimortgage, Inc., requested an entry of final judgment against defendant Just Mortgage, Inc., in the amount of $8,806,276.82, under Fed. R. Civ. P. 58(d).1 (Doc. 224 .) In response, defendant did not contest the entry of such a judgment but requested clarification as to whether plaintiff sought to recover from defendant the amount of $8,806,276.82 without conveying the subject loans to de fendant after recovering the judgment. (Doc. 240 .) Plaintiff replied that it does not seek to retain the loans following defendants payment of the monetary damages and requests judgment in accordance with Section 11 of the Correspondent Agreement F orm 200. (Docs. 241 , 29 -1.) Section 11 states that defendant must pay the repurchase price to plaintiff for defective loans upon plaintiffs request. Section 11 further states: If such defective Loan is owned by [plaintiff] at the time of repurcha se by [defendant], [plaintiff] shall, upon receipt of the Repurchase Price, release to [defendant] the related mortgage file and shall execute and deliver such instruments of transfer or assignment, in each case without recourse of warranty, as shall be necessary to vest in [defendant] or its designee title to the repurchased Loan. (Doc. 29 -1 at 5.) Plaintiff requests the repurchase prices of twenty-seven defective loans identified in its amended complaint. (See Doc. 29 .) Therefore, defendan t must pay to plaintiff the repurchase prices in the aggregate amount of $8,806,276.82, and plaintiff must release to defendant the loans in accordance with Section 11 of the Correspondent Agreement Form 200. An appropriate Judgment Order is issued herewith.. Signed by Magistrate Judge David D. Noce on 3/21/13. (KJS)
August 3, 2012 Opinion or Order Filing 211 MEMORANDUM AND ORDER ON GROUP 2 AND GROUP 3 LOANS; IT IS HEREBY ORDERED that the motion of plaintiff CitiMortgage, Inc. for summary judgment as to the Group 2 Loans (Doc. 164 ) is sustained. IT IS FURTHER ORDERED that the motion of plaintiff CitiMor tgage, Inc. for summary judgment as to the Group 3 Loans (Doc. 191 ) is sustained. IT IS FURTHER ORDERED that in light of the court sustaining plaintiff CitiMortgage, Inc.'s motions for summary judgment on the Group 1, 2, and 3 Loans, a hearing on plaintiff's entitlement to further relief sought in the complaint, namely, costs, attorney's fees, pre-judgment interest, post-judgment interest, and an order compelling Just Mortgage to repurchase the twenty-seven loans at issue, will be held on Monday, October 1, 2012 at 10:00 a.m. in the courtroom of the undersigned; Signed by Magistrate Judge David D. Noce on 08/03/2012; (DJO)
May 11, 2012 Opinion or Order Filing 202 MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motions of defendant Just Mortgage, Inc. for judicial notice (Docs. 156 176 200 ) are denied. Signed by Magistrate Judge David D. Noce on 05/11/2012; (DJO)
March 29, 2012 Opinion or Order Filing 187 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of plaintiff CitiMortgage, Inc. to exclude the expert opinions of Thomas A. Myers (Doc. 167) is sustained. IT IS FURTHER ORDERED that the motion of plaintiff CitiMortgage, Inc. for summary judgment as to the Group 1 Loans (Doc. 75) is sustained. Signed by Magistrate Judge David D. Noce on 3/29/12. (KXS)
December 15, 2011 Opinion or Order Filing 143 MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of defendant Just Mortgage, Inc. for an extension of time (Doc. 128 ) is denied as moot. IT IS FURTHER ORDERED that the motion of plaintiff Citimortgage, Inc. to strike (Doc. 133 ) is denie d as moot. IT IS FURTHER ORDERED that the motion of defendant to compel (Doc. 131 ) is sustained in part and otherwise denied, in that, not later than December 20, 2011, plaintiff shall disclose to the defendant a. the provisions of the CMI Manual, if any, it determined defendant breached which gave rise to plaintiff's demand that defendant cure or repurchase the Group 1 Loans; and b. the Sharepoint documents related to plaintiff's determinations whether to demand cure or repurchase of the Group 1 Loans. Signed by Magistrate Judge David D. Noce on 12/15/2011; (DJO)
April 28, 2011 Opinion or Order Filing 92 MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of defendant Just Mortgage, Inc. for an extension of time (Doc. 47 ) is sustained. Defendant has 30 days from issuance of this Memorandum and Order to disclose its experts in compliance with Fed. R. Civ. P. 26(a)(2). All deadlines associated with the disclosure of defendant's experts are extended 30 days. IT IS FURTHER ORDERED that the motion of defendant to compel (Doc. 48 ) is denied without prejudice. IT IS FURTHER ORDERED that the motion of plaintiff for a protective order (Doc. 50 ) is denied as without prejudice. IT IS FURTHER ORDERED that the amended motion of plaintiff for a protective order (Doc. 59 ) denied without prejudice. IT IS FURTHER ORDERED that the motion of plaintiff to compel (Doc. 64 ) is denied without prejudice. IT IS FURTHER ORDERED that the motion of defendant to compel (Doc. 67 ) is denied without prejudice. IT IS FURTHER ORDERED that the parties may within 20 days reissue their requests for discovery consistent with this Order and Memorandum. The parties shall have 20 days to respond to said requests for discovery. IT IS FURTHER ORDERED that defendant shall have until close of business on August 22, 2011 to respond to the pending motio n for summary judgment. Plaintiff shall have ten days thereafter to file a reply. IT IS FURTHER ORDERED that a hearing on the pending motion for summary judgment is set for September 15, 2011 at 10:00 a.m.; Signed by Magistrate Judge David D. Noce on 04/28/2011. (DJO)
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Plaintiff: CitiMortgage, Inc.
Represented By: James M. Weiss
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Defendant: Just Mortgage, Inc.
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