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Cause No.

955,598 § § § § § § § §

U.S. BANK, N.A. Plaintiff, v.




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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Documents or documents mean every writing of every type or description. partnership. information. ³All´ and ³each´ shall be construed as ³and. 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. The use of the singular form of any word includes the plural and vice-versa. 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 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. joint venture.´ 8. 5. without limitation. directly or indirectly. or preserved. ³Identify´ means to provide the following information: a. Page 2 of 6 .2. or knowledge has been transmitted. and oral contact by such means as face-to-face meetings and telephone conversations. 12. proprietorship. 6. The terms ³document´ and ³documents´ also mean every copy of the document where such copy is not an identical duplicate of the original. and the word ³and´ means and/or. ³Relating´ means concerning. or by any document. 9. electronic mail. 11. describing. 4. firm. The word ³or´ means and/or. telegrams. referring. The identify of each document (see Definition 11b above) that contains. 3. recorded. The name. street address and telephone number of a person. date. governmental entity or subdivision thereof. you are to provide the following information: a. This definition includes computer records in any format including. and b. evidencing. or otherwise deals with each such fact or opinion. or on which any type of communication. b. In each request in which you are asked to identify the evidence supporting your answer to a request. The title. addressee and subject matter of a document. 10. A description of every fact or opinion on which you rely for your answer. refers to. written contact by such means as letters. but not limited to. ³Person´ or ³Persons´ mean any natural person. telex. discusses.´ ´each´ and ³and/or. memoranda. or constituting. and every other thing constituting any medium by which. corporation or any other form of organization and association. author. through which. electronic mail and telex messages. 7.

please explain the reason why you cannot comply. II. but not limited to.A. please produce documents in full. including information contained in the records and documents in US Bank N. INSTRUCTIONS 1. In producing documents requested herein. including attorney fee contracts. or control of any of your employees. Texas 77002. written communications. 6. and other disclosure forms. please state that the document does not exist. or is reported to have knowledge of each such fact or opinion. consultants. or expurgation of any sort. Where requested documents do not exist. abbreviation. without abridgment. custody or control. addressee(s). 4. type of document. the present custodian. 5.A¶s custody or control or available to US Bank N. including.A. The identity of each person (see Definition 11a above) who has. memoranda and records concerning the purported debt obligation that are the subject of this action. please identify the type of document and reason for not producing same by stating with respect to such document: its author(s). DOCUMENTS TO BE PRODUCED 1. notes. III. Documents. and the factual or legal basis for the claimed privilege or specific statutory authority which provides the claimed basis for non-production. 2. number of pages. Requests ± You must answer each Request separately. all persons to whom shown or explained. subject matter. indicated or blind copies. including but not limited to: a. You must deliver a written response to this request for production of documents to Tom Balestrery. documents and information in the possession. agreements. accountants. date. within thirty (30) days after service of same. Page 3 of 6 . 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. attorneys. number of attachments or appendices. Houston. or other agents or representatives. Include all documents and information within your possession. If you contend that you cannot respond to a request for production. Documents in Plaintiff¶s possession or available to Plaintiff relating to this action. upon reasonable inquiry. If a document is not produced on the basis of a claim of privilege or statutory authority. claims to have. custody. 915 Franklin St #2E.c. 3. This request for production of documents is directed towards all information known or made available to Plaintiff US Bank N.

reflects. Documents in Plaintiff¶s possession. internal memoranda. and amounts due to satisfy insurance and taxes. 12. custody. 4. notice. records. 13. notes. defaults. The loan application relating to this action. and collection fees recoverable on default. allonges. 6. 7. 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. Documents in Plaintiff¶s possession.2. 10. when payments are late. 14. 17. Loan history reflecting how payments have been applied since the inception of the loan in question. remedies available on default. Canceled checks. beneficial. The Pooling and Servicing Agreement. Contract provisions dictating when payments are due. allonges. 3. endorsements. The original debt obligation contract and all assignments. Documents in Plaintiff¶s possession. 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.interest. wire transmittals. Life of loan transaction history related to the promissory note and all assignments. 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. Delivery receipts and transfer certificates for the purported debt obligation. 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. fees. 19. custody. Documentation reflecting all costs and expenses incurred by or on behalf of Plaintiff for which it seeks to claim against Defendant in the lawsuit. control and/or available to Plaintiff that establish the Plaintiff is the legal. All assignments. control and/or available to Plaintiff that establish the Plaintiff is the servicer of the loan that is the subject of this action. 16. All ³master´ transaction registers/ledgers of the loan in servicing files or backup files with you or any sub-servicer. 11. 5. 15. costs. or other evidence of payment for each assignment of the promissory note in question. 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. 18. b. or other documents relating to the filing of this action by the Plaintiff. c. and endorsements related thereto. and endorsements related thereto. late fees. allonges. Page 4 of 6 . the Master Trust Agreement. and transfer or delivery receipts in the chain of transfer and/or title from Plaintiff or to Plaintiff. Communication. Communication or documents evidencing instructions or directions that the Plaintiff has received or issued regarding the filing of this lawsuit. custody. or equitable owner of the purported debt obligation that is the subject of this suit. 9. or memorializes your actual servicing relationship to the loan which is the subject of this action. Contract provisions controlling the application of payments between principal. 8.

The affidavit of indebtedness or itemization of amount due given by Plaintiff to initiate this action. and ³non-recordable´ assignments associated with the subject loan including. All Securitization Trusts. 31. electronic or otherwise. or securitization of the alleged loan obligation that is the basis for this action. assignment. recordable. Special Purpose Vehicles (SPVs). but not limited to. A valid notarized certificate/affidavit of loss or proof of claim by Plaintiff against Defendant. 24. debt obligation. Respectfully submitted. By: ________________________________ Tom Balestrery 915 Franklin St #2E Houston. or the servicing rights thereto. A copy of the Bond and its underwriter agreement under which this cause of action was filed.20. assignments. All records. allonges. of assignments of the purported debt obligation. including ledger entries. 28. and/or security at issue in this lawsuit. by a third party for the retail installment contract. 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. 23. All executed. 30. All tax-related documents relating to the loan in question. transfer. that Plaintiff received anything of value or legal consideration. Any power of attorney (³POA´) that governs your relationship with the loan that is the subject of this litigation. 22. or other documents evidencing a transfer. 32. or will be notified. Produce all documents indicating that Plaintiff ³charged-off´ the purported debt obligation. to the Internal Revenue Service as a loss asset or what might be otherwise described as an uncollectable asset or business debt. 26. Documentation that indicates the ³charge-off´ was notified. 21. 25. Texas 77002 Page 5 of 6 . Documentation. Any document which reflects the document custodian that safeguards and holds the ³original´ promissory note that Plaintiff signed in ink. 27. Qualifying Special Purpose Entities (QSPEs) or other entity involved in any securitization transaction involving the debt obligation that is the subject of this lawsuit. Documentation evidencing Plaintiff received value for the sale. transfers. sale or assignment of the promissory note. 29.

HIGIER. & LAUTIN. 5057 Keller Springs Road. P.C.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. TX 75001-6231 Signed this 8th day of December 2010 ________________________ Tom Balestrery Page 6 of 6 . Suite 600 Addison.