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955,598 § § § § § § § §
U.S. BANK, N.A. Plaintiff, v.
COUNTY CIVIL COURT AT LAW NO. 4
TOM BALESTRERY A/K/A THOMAS P. BALESTRERY Defendant
HARRIS COUNTY, TEXAS
DEFENDANT¶S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF TO: Plaintiff, US Bank N.A., by and through its attorneys of record, HIGIER, ALLEN & LAUTIN, P.C., Richard McKinney 5057 Keller Springs Road, Suite 600, Addison, TX 75001-6231. Pursuant to the Texas Rules of Civil Procedure, Defendant Tom Balestrery A/K/A Thomas P. Balestrery serves this first set of requests for production of documents upon Plaintiff, US Bank, N.A. Plaintiff US Bank, N.A. must furnish a legible, true and correct copy of each requested document to Defendant Tom Balestrery A/K/A Thomas P. Balestrery, 915 Franklin St #2E, Houston, Texas 77002. The requested documents are to be delivered to Defendant within thirty (30) days after service of this request for production of documents. In responding to such request for productions, the definitions set forth below in Part I and the instructions in Part II, shall be utilized.
1. The term ³Plaintiff´ or ³Defendant´ as well as party¶s full or abbreviated name or pronoun referring to a party means the party and, where applicable, its officers, directors employees, partners, corporate or governmental parent, subsidiaries, agencies, or affiliates. This definition is not intended to impose a discovery obligation on any person who is not a party to the litigation.
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and every other thing constituting any medium by which. b.´ 8. through which. firm. directly or indirectly. recorded. referring.2. written contact by such means as letters. electronic mail and telex messages. but not limited to. 7. electronic mail. 6. joint venture. ³Person´ or ³Persons´ mean any natural person. 3. or preserved. The use of the singular form of any word includes the plural and vice-versa. telegrams. and b. corporation or any other form of organization and association. and the word ³and´ means and/or. ³All´ and ³each´ shall be construed as ³and. telex. discusses. 10. ³Relating´ means concerning. 9. The terms ³document´ and ³documents´ also mean every copy of the document where such copy is not an identical duplicate of the original. The word ³or´ means and/or. and oral contact by such means as face-to-face meetings and telephone conversations.´ ´each´ and ³and/or. governmental entity or subdivision thereof. without limitation. In each request in which you are asked to identify the evidence supporting your answer to a request. The name. The connectives ³and´ and ³or´ shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed outside of its scope. or on which any type of communication. This definition includes computer records in any format including. 5. memoranda. refers to. Documents or documents mean every writing of every type or description. addressee and subject matter of a document. or by any document. ³Communication´ or ³communications´ mean any contact or act by which any information or knowledge is transmitted or conveyed between two or more persons and shall include. The title. information. The identify of each document (see Definition 11b above) that contains. partnership. or knowledge has been transmitted. ³Identify´ means to provide the following information: a. evidencing. date. A description of every fact or opinion on which you rely for your answer. 11. Page 2 of 6 . or otherwise deals with each such fact or opinion. or constituting. author. proprietorship. street address and telephone number of a person. The term ³any´ should be understood in either its most or least inclusive sense as necessary to bring within scope of discovery request all responses that might otherwise be construed to be outside of its scope. 4. describing. you are to provide the following information: a. 12.
A¶s custody or control or available to US Bank N. without abridgment. including attorney fee contracts. The definitions set forth above are to be construed as broadly as possible to include the most information or documents responsive to the discovery requests propounded herein. This request for production of documents is directed towards all information known or made available to Plaintiff US Bank N. please produce documents in full. upon reasonable inquiry. please state that the document does not exist. date. type of document. DOCUMENTS TO BE PRODUCED 1.A. abbreviation. number of pages. written communications. II. 2. or expurgation of any sort. memoranda and records concerning the purported debt obligation that are the subject of this action. the present custodian. Requests ± You must answer each Request separately. attorneys. Page 3 of 6 . custody or control. and the factual or legal basis for the claimed privilege or specific statutory authority which provides the claimed basis for non-production. all persons to whom shown or explained. including but not limited to: a. including. If you contend that you cannot respond to a request for production. please identify the type of document and reason for not producing same by stating with respect to such document: its author(s). please explain the reason why you cannot comply. custody. 4. consultants. In producing documents requested herein. You must deliver a written response to this request for production of documents to Tom Balestrery.A. including information contained in the records and documents in US Bank N. documents and information in the possession. 5. Texas 77002. Include all documents and information within your possession. addressee(s). III.c. If a document is not produced on the basis of a claim of privilege or statutory authority. number of attachments or appendices. or other agents or representatives. INSTRUCTIONS 1. or control of any of your employees. accountants. claims to have. and other disclosure forms. notes. Houston. agreements. 6. within thirty (30) days after service of same. but not limited to. 915 Franklin St #2E. Where requested documents do not exist. 3. Documents. The identity of each person (see Definition 11a above) who has. subject matter. indicated or blind copies. or is reported to have knowledge of each such fact or opinion. Documents in Plaintiff¶s possession or available to Plaintiff relating to this action.
Documents in Plaintiff¶s possession. Documentation evidencing the payment of all costs and expenses incurred by or on behalf of Plaintiff for which it seeks to claim against Defendant in the lawsuit. 19. internal memoranda. control and/or available to Plaintiff that establish the Plaintiff is the legal. Delivery receipts and transfer certificates for the purported debt obligation. custody. 9. Communication. costs. 6. notes. Receipts for payments made by or to and/or received by the Plaintiff concerning the alleged debt obligation that is the subject of this action. Communication or documents evidencing instructions or directions that the Plaintiff has received or issued regarding the filing of this lawsuit. remedies available on default. 17. fees. Documents in Plaintiff¶s possession. control and/or available to Plaintiff that identify what entity or entities are the beneficial owner and real party in interest in the alleged loan. Page 4 of 6 . 3. Life of loan transaction history related to the promissory note and all assignments. The loan application relating to this action. or other evidence of payment for each assignment of the promissory note in question. allonges. 8. and endorsements related thereto. The original debt obligation contract and all assignments. custody. control and/or available to Plaintiff that establish the Plaintiff is the servicer of the loan that is the subject of this action.interest. allonges. Documentation reflecting all costs and expenses incurred by or on behalf of Plaintiff for which it seeks to claim against Defendant in the lawsuit. 10. The Pooling and Servicing Agreement. Documents in Plaintiff¶s possession. or memorializes your actual servicing relationship to the loan which is the subject of this action. and endorsements related thereto. 15. The fee agreement between Plaintiff and its counsel for Plaintiff herein including evidence of payment of all attorney¶s fees paid by Plaintiff to date in connection with this matter. beneficial. late fees. 18. c. endorsements. All ³master´ transaction registers/ledgers of the loan in servicing files or backup files with you or any sub-servicer. 11. custody. defaults. Loan history reflecting how payments have been applied since the inception of the loan in question. 16. 12.2. notice. and transfer or delivery receipts in the chain of transfer and/or title from Plaintiff or to Plaintiff. and amounts due to satisfy insurance and taxes. when payments are late. Contract provisions dictating when payments are due. reflects. allonges. and collection fees recoverable on default. 13. All assignments. 5. b. or equitable owner of the purported debt obligation that is the subject of this suit. wire transmittals. Contract provisions controlling the application of payments between principal. records. 4. the Master Trust Agreement. 7. Canceled checks. 14. and/or other such document under which the note in question is owned and/or held by the real party in interest that governs your servicing of the loan and/or any document which describes. or other documents relating to the filing of this action by the Plaintiff.
and ³non-recordable´ assignments associated with the subject loan including. A copy of the Bond and its underwriter agreement under which this cause of action was filed. 31. Any document which reflects the document custodian that safeguards and holds the ³original´ promissory note that Plaintiff signed in ink. electronic or otherwise. 23. or the servicing rights thereto. or other documents evidencing a transfer. 21. A valid notarized certificate/affidavit of loss or proof of claim by Plaintiff against Defendant. 32. transfers. By: ________________________________ Tom Balestrery 915 Franklin St #2E Houston.20. Documentation. debt obligation. All records. 26. but not limited to. All executed. 29. or will be notified. The affidavit of indebtedness or itemization of amount due given by Plaintiff to initiate this action. sale or assignment of the promissory note. assignment. of assignments of the purported debt obligation. 24. or securitization of the alleged loan obligation that is the basis for this action. Qualifying Special Purpose Entities (QSPEs) or other entity involved in any securitization transaction involving the debt obligation that is the subject of this lawsuit. Respectfully submitted. All tax-related documents relating to the loan in question. Documentation evidencing Plaintiff received value for the sale. Texas 77002 Page 5 of 6 . Produce all documents indicating that Plaintiff ³charged-off´ the purported debt obligation. Special Purpose Vehicles (SPVs). recordable. allonges. to the Internal Revenue Service as a loss asset or what might be otherwise described as an uncollectable asset or business debt. that Plaintiff received anything of value or legal consideration. assignments. and/or security at issue in this lawsuit. 28. Documentation that indicates the ³charge-off´ was notified. All Securitization Trusts. 25. including ledger entries. transfer. or other document that secures payment by the alleged Borrower to Borrower¶s obligation in this account from the inception of the subject loan to the present date. 30. 22. 27. by a third party for the retail installment contract. Any power of attorney (³POA´) that governs your relationship with the loan that is the subject of this litigation.
C. Suite 600 Addison. P. & LAUTIN. HIGIER. 5057 Keller Springs Road. TX 75001-6231 Signed this 8th day of December 2010 ________________________ Tom Balestrery Page 6 of 6 .Certificate of Service This is to certify that a true and correct copy of this discovery instrument was sent this day by certified mail to: Richard McKinney ALLEN.