IN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT,IN AND FOR HILLSBOROUGH COUNTY, FLORIDACIVIL DIVISIONFIRSTSECOND CREDIT UNION,Plaintiff,vs.CASE NUMBER: 13 CA 012000JANE DOE,DIVISION: XDefendant.DEFENDANT’S MOTION TO COMPEL PRODUCTION OF DOCUMENTSCOME NOW Defendant Jane Doe (hereinafter “Defendant”), pursuant to Florida Rulesof Civil Procedure 1.350(b) and 1.380(a)(2), and move the Court to compel Plaintiff JPMorganFirstSecond Bank, N.A. (“FirstSecond”) to comply with discovery obligations and produceresponses to Defendant’s first request for production, and in support thereof state as follows:1. On July 22, 2013, Defendant filed and served on FirstSecond Defendant’s First Requestfor Production to Plaintiff, attached as Exhibit A.2. On August 26, 2013, FirstSecond filed objections to the request based on relevance,attorney client privilege and undue burden.3. FirstSecond has produced only one of the 28 sets of requested records to date.4. Defendant is preparing to depose a former FirstSecond employee, Ethan Roker, whomthe Court designated a necessary witness on July 17, 2013. The requested documents areneeded to elicit full testimony from this witness.5. Defendant has conferred with counsel for FirstSecond in a good faith effort to secure therequested documents without court action.
WHEREFORE, Defendant respectfully requests that this Court enter an order compellingFirstSecond forthwith to allow inspection of the documents requested in Defendant’s Request forProduction to Plaintiff, and grant such further relief as the Court deems appropriate.Respectfully submitted this 15th day of March, 2014,Jane Doe, pro se4218 Druid RoadTemple Terrace, FL 33617Telephone: (813) 999 9999E mail:[email protected]
IN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT,IN AND FOR HILLSBOROUGH COUNTY, FLORIDACIVIL DIVISIONFIRSTSECOND CREDIT UNION,Plaintiff,vs.CASE NUMBER: 13 CA 012000JANE DOE,DIVISION: XDefendant.CERTIFICATE OF SERVICEI HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished byelectronic mail on this 15th day of March, 2014 to the following: Millicent J. Barbie, Esq., 2505 West Hanover Avenue, Tampa, FL 33613, Attorney forPlaintiff. Valerie J. Lacil, Esq., Attorney for Plaintiff, 4533 Pine Bluff Blvd., Suite 1000, Orlando,FL 32801.Jane Doe, pro se4218 Druid RoadTemple Terrace, FL 33617Telephone: (813) 999 9999E mail:[email protected]
EXHIBIT AIN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT,IN AND FOR HILLSBOROUGH COUNTY, FLORIDACIVIL DIVISIONFIRSTSECOND CREDIT UNION,Plaintiff,vs.CASE NUMBER: 13 CA 012000JANE DOE,DIVISION: XDefendant.DEFENDANT’S REQUEST FOR PRODUCTION TO PLAINTIFFPursuant to Rule 1.350 and other applicable rules of the Florida Rules of Civil Procedure,Defendant Jane Doe (hereinafter “Defendant”) request Plaintiff, FirstSecond Credit Union(hereinafter “FirstSecond”). to produce the following documents and other tangible things at theaddress of the undersigned within the time frame prescribed by said rules, and states:Definitions and Instructions1. The terms “you,” “your” and “plaintiff” as used herein mean FirstSecond, its officers,directors, employees, agents and/or other representatives acting on behalf of saidPlaintiff.2. The term “note” as used herein shall refer to the promissory note that Plaintiff seeks toenforce in this action.3. “Document(s)” or “written communications” is used in this Request to Produce in thebroad and liberal sense and means written, typed, printed, recorded or graphic matter,however produced or reproduced, of any kind and description, and whether an original ora copy, including but not limited to papers, notes, accounts, books, advertisements,catalogs, manuals, publications, correspondence, memoranda, letters, computer e mails,intra office and inter office communications, contracts, charts, plans, specifications,
220.127.116.11.8.9.drawings, sketches, surveys, minutes of board of directors or committee meetings, ledgerbooks, notebooks, bills, receipts, invoices, appointment books or diary entries.In producing documents requested herein, please produce documents in full, withoutabridgement, abbreviation or expurgation of any sort. Include all documents andinformation within your possession, custody or control.If any documents requested herein have been destroyed, placed beyond your control, orotherwise disposed of, please identify such document by: author(s), addressee(s), date,type of document, subject matter, number of pages, number of attachments or appendices,indicated or blind copies, all person(s) to whom distributed, shown or explained, date ofdestruction or other disposition, reason for destruction or other disposition, person(s)authorizing destruction or other disposition, person(s) destroying or otherwise disposingof document, and if not destroyed, the person(s) in possession of the document otherwisedisposed of.Rule 1.350 requires you to produce all requested documentation and other tangible thingswithin the possession, custody and/or control of Plaintiff, its partners, officers, directors,employees, servants, agents, independent contractors, attorneys and/or others acting onbehalf of said Plaintiff.Each paragraph of this request seeks production of all responsive information recorded,stored and/or existing in any format or media whatsoever, including but not limited topaper, electronic, magnetic and/or digital.If any document or portion thereof is or will be withheld because of a claim of privilegeor for any other reason, provide a list of such document(s) or portion(s) thereof showing,as to each item not produced, information adequate to identify the document and the basisof your claim of privilege adequate to describe the document with sufficient particularityto support a motion to compel or for in camera inspection. Generally, such identificationshould include:a. All reasons why such document is not being produced;b. The author(s), recipient(s), and addressee(s);c. Each person to whom the original or a copy thereof was sent or delivered, and anyothers who at any time possessed the document or a copy thereof;d. The date or approximate date of the document;e. The general subject matter of the document or portion thereof for which privilegeis claimed; andf. The type of document (e.g., memorandum, report, draft, letter, etc.).Before responding to this request for production, please make such inquiry of youragents, servants, employees, attorneys and others as will enable you to make a full andtrue response and production in accordance with the Florida Rules of Civil Procedure,Rule 1.350.
Documents To Be Produced1. Documents in Plaintiff’s possession or available to Plaintiff relating to this action,including but not limited to:a. Documents, agreements and other disclosure forms, written communication,notes, memoranda and records concerning the note and mortgage that are thesubject of this action, including attorney fee contracts.b. Receipts for payments made by or to and/or received by the Plaintiff concerningthe note and mortgage that are the subject of this action.c. The closing package and loan application relating to this action.d. Correspondence, notes, and documents identifying the name, employer andaddress of the mortgage broker used in the financing of the loan that is the subjectof this action.2. Documents in Plaintiff’s possession, custody, control and/or available to Plaintiff thatestablish that the Plaintiff is the legal, beneficial or equitable owner of the promissorynote that is the subject of this action.3. Documents in Plaintiff’s possession, custody, control and/or available to Plaintiff thatestablish that Plaintiff is the servicer of the loan that is the subject of this action.4. Documents in Plaintiff’s possession, custody, control and/or available to Plaintiff thatidentify what entity or entities are the beneficial owner(s) of the subject promissory notethat is the subject of this action.5. Communications and/or documents evidencing instructions and/or directions that thePlaintiff has received or issued concerning the filing of this action.6. Communications, notices, records, notes, internal memoranda, or other documentsrelating to the filing of this action by the Plaintiff.7. All assignments, allonges, endorsements and transfer or delivery receipts in the chain oftransfer and/or title from the original lender to the Plaintiff.8. Documents in Plaintiff’s possession, custody, control and/or available to Plaintiff thatestablish what entity, if not the Plaintiff, is the servicer of the loan that is the subject ofthis action.9. Mortgage provisions dictating when payments are due, when payments are late, late fees,defaults, remedies available on default, and collection fees recoverable on default.10. Mortgage provisions controlling the application of payments between principal, interest,fees, costs, and amounts due to satisfy insurance and property taxes.11. The service agreement regarding guidelines on the right to assess charges or fees on latepayments or defaults.12. All notices to Defendant of fees, costs or charges incurred, including but not limited tolate fees, inspection fees, and appraisals and/or Brokers Price Opinions (“BPOs”).13. All invoices and/or internal memorandums reflecting the amount billed for BPOs.14. Documentation reflecting all costs and expenses incurred by or on behalf of Plaintiff for
which it seeks to claim against Defendant in this action.15. Documentation evidencing the payment of all costs and expenses incurred by or onbehalf of Plaintiff for which it seeks to claim against Defendant in this action.16. All notices and other communication with Defendant related to forced placed insuranceon the property that is the subject of this action.17. Loan history reflecting how payments have been applied since the inception of the loan inquestion.18. Life of loan transaction history related to the promissory note and mortgage that is thesubject of this action.19. The original mortgage or deed of trust and promissory note, and all assignments, allongesand endorsements related thereto.20. Delivery receipts and transfer certificates for the note and mortgage.21. The Pooling and Servicing Agreement under which the note and mortgage in question areowned and/or held that governs servicing of the loan that is the subject of this action,and/or any documents that describe, reflect or memorialize the servicing relationship forthe loan that is the subject of this action.22. All “master” transaction registers/ledgers of the loan in servicing files or backup fileswith the servicer or any sub servicer, including but not limited to the fidelity mortgageservicing system, FiServ, or any mortgage servicing system used. Please provide allinformation residing in any data field in the system or any component that supports thesystem that deals with any of the questions listed below. (No screen or partial dumps orspreadsheets, please.)23. Provide and include all descriptions and legends of all codes used in the mortgageservicing and accounting system so that examiners, auditors and experts retained to auditand review the mortgage account may properly conduct their work.24. A certified copy of the front and back portion of the mortgage or deed of trust as it existstoday, along with all assignments, whether recorded or not.25. The original promissory note as it exists today, along with all endorsements, affixed orun affixed allonges, and assignments, whether recorded or not, with ink signatures.26. Canceled checks, wire transmittals or other evidence of payment for each assignment ofthe subject promissory note.27. All executed, recordable and non recordable assignments associated with the subjectloan, including but not limited to assignments, transfers, allonges, or other documentsevidencing a transfer, sale or assignment of the mortgage, deed of trust, promissory noteor other document that secures payment by the borrower to borrower’s obligation in thisaccount from the inception of the subject loan to the present date.28. All records, electronic or otherwise, of assignments of the subject mortgage, deed oftrust, promissory note, or servicing rights to subject mortgage or deed of trust.29. Any document that reflects the document custodian that safeguards and holds the original
promissory note that either of Defendant signed in ink.30. The affidavit of indebtedness or itemization of amount due given by or to Plaintiff toinitiate this action.31. All notices of default and/or notices of acceleration issued to Defendant in connectionwith the promissory note and mortgage that is the subject of this action.32. Please provide a copy of Plaintiff’s receipt of the subject note, showing who signed it,and identifying the date the subject note was received by Plaintiff.33. All documentation, receipts, or other records that Plaintiff obtained from itspredecessor(s) in order to assure Plaintiff that its predecessor(s) actually bought, paid forand acquired the subject original note legitimately.34. Provide a copy of all images, photocopies, or other copies of the note provided toPlaintiff by its predecessor showing, indicating, documenting or recording anyendorsements on the note or any allonges attached to the note.35. All policies and procedures, instructional or operation memoranda, training materials andany other materials or documents created or distributed by Plaintiff and/or in Plaintiff’spossession relating to the procedures, reports, and other actions related to Plaintiff’sdestruction policy, including digital images of original documents.36. All internal memoranda, policies and procedures, instructional or operationalmemoranda, training materials and any other materials created or distributed by Plaintiffand/or in Plaintiff’s possession relating to the procedures, reports, and other actionsrelated to Plaintiff’s policy with respect to the retention and storage of originaldocuments, the address of any disaster recovery