demand for production for inspection and forensic testing

7/27/2019 Demand for Production for Inspection and Forensic Testing

1/5

LINDA TIRELLI

OF COUNSEL TO DAVID BRODMAN ESQ.

COUNSEL FOR DEBTOR

ONE NORTH LEXINGTON AVENUE, 11TH FLOOR

WHITE PLAINS, NEW YORK 10601

PH(914) 946-0860

IN THE UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK

MANHATTAN DIVISION--------------------------------------------------------X

IN THE MATTER OF

CHAPTER 13

MS. TANDALA MIMS CASE #10-14030(mg)

DEBTOR

--------------------------------------------------------X

DEBTORS REQUEST FOR INSPECTION AND FORENSIC TESTING OF

ORIGINAL DOCUMENTS

TO: Wells Fargo Bank, NA and Nicole E. Schiavo, Esq. c/o Hogan Lovells, LLP its counsel of

record

Pursuant to Rule 34 of Federal Rules of Civil Procedure which is made applicable to this

proceeding by Rule 7034 of the Federal Rules of Bankruptcy Procedure, (Rules) Tandal Mims,

(debtor orMims), by and through her attorney, Linda M. Tirelli, hereby demands that Wells

Fargo Bank, N.A. (Wells Fargo orDefendant) within ten (10) days after service, produce the

following documents for inspection and forensic testing and otherwise respond to the following

requests:

INSTRUCTIONS

1. You are hereby required to answer each request separately and fully in writing, underoath in accordance with the Rules.

2. If you fail to respond in a timely fashion, you waive any objection to the requests and thedebtor may seek from the Court an appropriate sanction pursuant to Rule 7037.

3. Any objection to a request or part of a request mus clearly state the specific grounds forthe objection.

DEFINITIONS

For purposes of responding to this production request, the following definitions shall apply:

10-14030-mg Doc 76 Filed 12/12/11 Entered 12/12/11 19:32:17 Main DocumentPg 1 of 5


2/5

1. Debtor means Tandala Mims.

2. Wells Fargo Bank, NA means Wells Fargo Bank, N.A. and its parent company,

employees, agents, attorneys, accountants, representatives, associates, predecessors,

successors, assigns, affiliates, subsidiaries or entities acting on its behalf or under its

control.

3. Petition Date means July 27, 2010.

4. Proof of Claim means that certain Proof of Claim dated June 2, 2011and filed by Wells

Fargo Bank, NA with the ECF filing system reflected as claim number 6-1 and as

amended on or about September 9, 2011, reflected as claim number 6-2, in the

bankruptcy case captioned: In re Tandala Mims, Case #10-14030(mg), pending in the

United States Bankruptcy Court for the Southern District of New York;

5. Debtors MORTGAGE refers to the MORTGAGE which forms the basis for the claims

asserted in the Proof of Claim.

6. Promissory Note orNoterefers to the debtors obligation to repay the loan which

forms the basis for the claim asserted in the proof of claim.

7. Document or Documents means and its intended to have the broadest possible

meaning and includes, without limitations, any writings, electronic transmissions, email,

drawings, graphs, charts, photographs, recorded, digitally encoded, graphic, and/or other

data compilations from which information can be obtained, translated if necessary

through detection devices into reasonably usable form, or other information, including

originals, copies (if the original is no longer available), translations and drafts thereof

and all copies bearing notations and marks not found on the original. The term

Document or Documents includes without limitation, account statements, affidavits,

analyses, appraisals, confirmations, contracts, correspondence, communications, deeds

of trust, diskettes, drafts, estimates, evaluations, filings, financial statements, forms,

journals, ledgers, letters, lists, memoranda, minutes, notations, notes, opinions, orders,

pamphlets, papers, employees review checklists, permanent files, pictures, press

releases, projections, prospectuses, publications, receipts, recordings of conferences,

conversations or meetings, reports, statements, statistical records, studies, summaries,

tabulations, telegrams, telephone records, telex messages, transcripts, understandings,

videotapes, vouchers, work papers, copies of records and documents, and sheet or things



3/5

similar to any of the foregoing however denominated. The term Document or

Documents further means any document now or at any time in the possession, custody,

or control of the entity to whom this document request is directed (together with any

predecessors, successors, affiliates, subsidiaries or divisions thereof, and their officers,

directors, employees, agents and attorney(s). Without limiting the term control as used

in the preceding sentence, a person is deemed to be in control of a document if the

person has a right to secure the document or a copy thereof.

8. And and or as used herein are terms of inclusion and not of exclusion and shall be

construed either disjunctively or conjunctively as necessary to bring within the scope of

the request for production of documents any document or information that might

otherwise be construed to be outside its scope.

9. Any means one or more.

10. Describe, discuss, analyze, describing, discussion, or analyzing, mean any

document that, in whole or in part, characterizes, delineates, explicates, deliberates,

evaluates, appraises, assesses or provides a general explanation of the specified subject.

11. Person means any natural person, corporation, partnership, company, sole

proprietorship, association, institute, joint venture, firm, governmental body, or other

legal entity, whether privately or publicly owned or controlled, for profit or not-for-

profit, or partially or fully government owned or controlled.

12. Relate to and relating to mean to make a statement about, refer to, discuss, describe,

reflect, contain, comprise, identify, or in any way to pertain to, in whole or in part, or

otherwise to be used, considered, or reviewed in any way in connection with, the

specified subject. Thus, documents that relate to a subject also include those which

were specifically rejected and those which were not relief or acted upon.

13. The singular form of a noun or pronoun shall be considered to include within its

meaning the plural form of the noun or pronoun, and vice versa. The masculine form of

a noun or pronoun shall be considered to include within its meaning the feminine form

of the noun or pronoun, and vice versa.

14. Regardless of the tense employed, all verbs shall be read as applying to the past, present

and future as is necessary to make any paragraph more, rather than less, inclusive.

15. Year means calendar year.



4/5

REQUESTS

1. Produce the original collateral file and/or legal file and/or investor file and/or mortgagefile referring or relating to the debtors Note and/or Mortgage as defined hereinabove for

inspection and forensic testing.

2. Produce any original Note referring or relating to the debtor in your custody and controlfor inspection and forensic testing.

3. Produce any original Mortgage referring or relating to the debtor in your custody andcontrol for inspection and forensic testing.

4. Produce any original Assignment of Mortgage or Mortgage Assignment referring orrelating to the debtor in your custody and control for inspection and forensic testing.

PLEASE TAKE NOTICE that a copy of the answers to the above-listed requests for inspection

and forensic testing must be served upon the undersigned in accordance with Rule 36 of the

Federal Rules of Civil Procedure and Federal Rule of Bankruptcy Procedure 7036.

Dated: White Plains, New York

December 12, 2011

/S/ Linda M. TirelliLinda M. Tirelli, Esq.Law Offices of Linda M. Tirelli

Counsel for Debtor

One North Lexington Avenue, 11th FloorWhite Plains, NY 10601

Phone (914)946-0860 / Fax (914)946-0870

CERTIFICATE OF SERVICE

Linda M. Tirelli, attorney for the debtor, hereby certifies to the Court as follows:

1. I am not a party for the foregoing proceeding;

2. I am not less than 18 years of age;

3. I have this day served a copy of the foregoing Debtors Request For Inspection And

Forensic Testing Of Original Documentson all parties in interest by placing the same in an



5/5

envelope, first-class mail, postage prepaid, addressed to each person at his dwelling

house or usual place of abode or to the place where he regularly conducts his business or

profession as follows:

TO:

Mr. John Stumpf, President and CEOWells Fargo & Company420 Montgomery St.San Francisco, CA 94163

Nicole E. Schiavo, Esq.Hogan Lovells US, LLP875 Third Avenue

New York, NY 10022

Ms. Tandala Mims

1167 Grenada PlaceBronx, NY 10466

United States Department of JusticeOffice of the United States Trustee

Southern District of New YorkAttn: Greg Zipes, Esq. and Andy Velez-Rivera, Esq.33 Whitehall Street, 21st Floor

New York, NY 10004

Jeffrey L. Sapir, Esq.Chapter 13 Trustee

399 Knollwood Road, Suite 102White Plains, NY 10603

4. To the best of my knowledge, information and belief, the parties in interest are not infantsor incompetent persons;

5. Service as outlined herein was made within the United States of America.

This the 12th day of December, 2011.

/S/ Linda M. Tirelli

Linda M. Tirelli, Esq.Law Offices of Linda M. TirelliCounsel for Debtor

One North Lexington Avenue, 11th FloorWhite Plains, NY 10601Phone (914)946-0860 / Fax (914)946-0870

http://www.hoovers.com/100001420-1.htmlhttp://www.hoovers.com/100001420-1.html