SIMMONS FIRST NATIONAL BANK v. LEHMAN, 13-cv-02876-DMR. (2015)
Court: District Court, N.D. California
Number: infdco20150420706
Visitors: 14
Filed: Apr. 17, 2015
Latest Update: Apr. 17, 2015
Summary: ORDER ON OBJECTIONS TO EXHIBITS Re: Dkt. Nos. 171, 183, 184 DONNA M. RYU , Magistrate Judge . This order sets forth the court's rulings on the parties' objections to exhibits, as stated on the record at the April 15, 2015 pretrial conference. The parties shall meet and confer regarding culling or consolidating duplicate exhibits. Counsel are reminded that exhibits which the court has deemed admissible do not become part of the record at trial unless and until counsel move for their admissi
Summary: ORDER ON OBJECTIONS TO EXHIBITS Re: Dkt. Nos. 171, 183, 184 DONNA M. RYU , Magistrate Judge . This order sets forth the court's rulings on the parties' objections to exhibits, as stated on the record at the April 15, 2015 pretrial conference. The parties shall meet and confer regarding culling or consolidating duplicate exhibits. Counsel are reminded that exhibits which the court has deemed admissible do not become part of the record at trial unless and until counsel move for their admissio..
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ORDER ON OBJECTIONS TO EXHIBITS Re: Dkt. Nos. 171, 183, 184
DONNA M. RYU, Magistrate Judge.
This order sets forth the court's rulings on the parties' objections to exhibits, as stated on the record at the April 15, 2015 pretrial conference. The parties shall meet and confer regarding culling or consolidating duplicate exhibits. Counsel are reminded that exhibits which the court has deemed admissible do not become part of the record at trial unless and until counsel move for their admission.
I. Plaintiff's Exhibits
No. Description Ruling on Objections
1 Am. depo notice for Koo Withdrawn
2 financial statement as of 7/20/10 Sustained
(handwritten "Bonhomme Invest")
3 Financial statement as of 6/20/12 Sustained
(handwritten "Richard Lehman")
4 Promissory note, $3 M loan Stipulated as to admissibility
5 Lehman's guaranty of $3 M loan Overruled
6 Third party pledge agreement Overruled
7 No exhibit 7.
8 Borrower estimated closing statement for Overruled, subject to proper business
Woodside property record foundation
9 Recorded long form Deed of Trust Stipulated as to admissibility
10 Appraisal of Woodside property for Excel, Taken under submission
borrower Lehman (1/12/09)
11 Appraisal of Woodside property for Excel, Taken under submission
borrower Bonhomme (6/21/11)
12 Koo's original answer with affirmative Stipulated as to admissibility
defenses
13 No exhibit 13.
14 Promissory note Stipulated as to admissibility
15 Line of credit agreement Overruled
16 Recorded long form Deed of Trust Stipulated as to admissibility; parties to
meet and confer re consolidating exhibits
17 Account info and client agreement bet. Stipulated as to admissibility
Raymond James Fin. Servs. and Defs
18- No exhibits 18-21
21
22 Operating agreement of Bonhomme Stipulated as to admissibility
23 Schedule A Bonhomme Stipulated as to admissibility
24 Guaranty executed as to Davis, $3 M loan Overruled
25 Third party pledge agreement Overruled; parties to meet and confer re
consolidating exhibits
26 Notice of right to receive copy of appraisal Overruled, subject to proper business
of Woodside property, 1/27/09 record foundation
27 Appraisal order form re Woodside Withdrawn
property, ordered 5/9/11
28 Notice of right to receive copy of appraisal Overruled, subject to proper business
of Woodside property, 6/19/09 record foundation
29 Extension agreement, 5/29/11 Overruled
30 Extension agreement, 6/28/11 Overruled
31 No exhibit 31
32 Promissory note for $1.6 M loan to Overruled
Bonhomme
33 No exhibit 33
34 9/11 email from Steve Walkup to Aaron Sustained
Black (cc Trisha Clark) re Woodside
property appraisal report
35 Appraisal review checklist Sustained
36- No exhibits 36-39
39
40 Borrower's escrow instructions Overruled, subject to proper business
(purportedly signed by Koo and Lehman) record foundation
41 Account info and client agreement bet. Stipulated as to admissibility
Raymond James Fin. Servs. and Defs
42 No exhibit 42
43 Letter from Koo to Lisa Masters Stipulated as to admissibility
44 App. A Form of Investor Certification ACAP Stipulated as to admissibility
Strategic fund
45 No exhibit 45
46 Recorded application for reinstatement Stipulated as to admissibility
47 No exhibit 47
48 Power of attorney Stipulated as to admissibility
49 No exhibit 49
50 Assignment by Lehman of membership Stipulated as to admissibility
interest in Bonhomme to Lehman and Koo
51 No exhibit 51
52 Amendment Koo revocable living trust Stipulated as to admissibility
agreement
53 Articles of organization Stipulated as to admissibility
54 IRS form Stipulated as to admissibility
55 No exhibit 55
56 2007 annual registration report Stipulated as to admissibility
57- No exhibits 57-59
59
60 Inquirer nonmonetary Deanna Frailey Sustained
61 No exhibit 61
62 Guaranty executed by Lehman as to $3 M Overruled
loan
63- No exhibits 63-78
78
79 P's first set of RFAs to Koo Stipulated as to admissibility
80 Koo's objections, answers to RFAs Stipulated as to admissibility
81 Emails from Tony Fregoso to Koo re Overruled in part, portion of email
Woodside property exchange (Koo email 5/6/13) admissible
as party admission; parties to meet and
confer to narrow exhibit
82 Answer, aff. defenses and counterclaims of Withdrawn
Koo
83- P's second, third RFAs to Koo and her Stipulated as to admissibility
86 objections and answers
87 2/17/09 closing letter from Chicago Title Overruled, subject to proper business
Co./Kim Robertson to Mr. and Mrs. Lehman record foundation
88, No exhibits 89, 90. Various handwriting Stipulated as to admissibility
91- exemplars
122
123- No exhibits 123-129
129
130 Grant deed recorded in County of San Stipulated as to admissibility
Mateo
131 Lehman and Koo's MO and CA driver's Overruled
licenses
132- No exhibits 132, 133
133
134 Preliminary report from Chicago Title Co. to Overruled, subject to proper business
Excel re Woodside property record foundation
135- No exhibits 135-141
141
142 Borrower's escrow instructions from Objection withdrawn (same document as
Chicago Title Co. (uninitialled copy) Defendants' Ex. O)
143 Borrower's escrow instructions from Overruled, subject to proper business
Chicago Title Co. (initialed, signed copy) record foundation
144- No exhibit 144-145
145
146 Borrower's estimated closing statement, Overruled, subject to proper business
Chicago Title Co. record foundation
147 No exhibit 147
148 Closing letter from Chicago Title Co to Mr. Overruled, subject to proper business
& Mrs. Lehman record foundation
149 2/17/09 letter from Chicago Title Co to Overruled, subject to proper business
Linda Eggleston, Excel record foundation
150 Borrower's final closing statement from Overruled, subject to proper business
Chicago Title Co. w/email attach. record foundation; sustained as to
second page (email)
151- No exhibits 151-153
153
154, P's first RFAs to Lehman and his objections Stipulated as to admissibility
158 and answers (no exhibits 155-157)
159 Photocopy of 2/17/09 check for $8.50 paid Overruled, subject to proper business
to Defs record foundation
160 Loan history, Bonhomme Inv. Partners Objections withdrawn. Defendants also
agreed to stipulate to Bonhomme's
receipt of proceeds of loans. See Exhibits
161-172.
161 Excel Bank domestic outgoing wire form, Sustained; Plaintiff may offer only if
4/6/09 Defendants open the door as to
relevance
162 Request for advance from line of credit to Sustained; Plaintiff may offer only if
be wired, 5/13/09 Defendants open the door as to
relevance
163 Excel Bank domestic outgoing wire form, Sustained; Plaintiff may offer only if
5/13/09 Defendants open the door as to
relevance
164 Documentation for line of credits, 5/26/10 Sustained; Plaintiff may offer only if
Defendants open the door as to
relevance
165 Excel Bank domestic outgoing wire form, Sustained; Plaintiff may offer only if
7/28/09 (1 of 3 on that date) Defendants open the door as to
relevance
166 Excel Bank domestic outgoing wire form, Sustained; Plaintiff may offer only if
7/28/09 (2 of 3 on that date) Defendants open the door as to
relevance
167 Excel Bank domestic outgoing wire form, Sustained; Plaintiff may offer only if
7/28/09 (3 of 3 on that date) Defendants open the door as to
relevance
168 Request for advance from line of credit to Sustained; Plaintiff may offer only if
be wired, 7/25/09 Defendants open the door as to
relevance
169 Documentation for line of credits, 6/2/10 Sustained; Plaintiff may offer only if
Defendants open the door as to
relevance
170 Documentation for line of credits, 6/9/10 Sustained; Plaintiff may offer only if
Defendants open the door as to
relevance
171 Documentation for line of credits, 6/18/10 Sustained; Plaintiff may offer only if
Defendants open the door as to
relevance
172 Documentation for line of credits, 6/24/10 Sustained; Plaintiff may offer only if
Defendants open the door as to
relevance
173- Various handwriting exemplars Stipulated as to admissibility
182
183 Guaranty signed by Lehman for $1.6 M loan Overruled
184 Various signature pages signed by Lehman Stipulated as to admissibility
185- No exhibits 185, 186
186
187 Purchase and assumption agreement Stipulated as to admissibility
between FDIC and Simmons
188 No exhibit 188
189 Assignment of Deed of Trust Stipulated as to admissibility
190- No exhibits 190-199
199
200 P's expert witness disclosure, Moore Sustained as to text of report. Parties to
(forensic document examiner) meet and confer re exhibits from report
that may be offered into evidence.
201 Moore's first supplemental report Sustained as to text of report. Parties to
meet and confer re exhibits from report
that may be offered into evidence.
202 Long form Deed of Trust, Woodside Stipulated as to admissibility
property
203 Deed of Trust, Edgewood property Stipulated as to admissibility
204- No exhibits 204 to 299
299
300 Lehman, Koo 2010 joint tax return Sustained in part. Parties will meet and
confer re redacted Schedule K.
301 Bonhomme 2010 tax return Sustained
302 Bonhomme 2009 tax return Sustained in part. Parties will meet and
confer re redacted Schedule K.
II. Defendants' exhibits
No. Description Ruling on Objections
A Loan committee meeting minutes, 6/24/09 Parties to meet and confer re relevance
of exhibit beyond affirmative defenses.
B Loan committee meeting minutes, 3/29/11 Parties to meet and confer re relevance
of exhibit beyond affirmative defenses.
C Loan committee meeting minutes, 6/23/11 Parties to meet and confer re relevance
of exhibit beyond affirmative defenses.
D Loan committee meeting minutes, 9/28/11 Parties to meet and confer re relevance
of exhibit beyond affirmative defenses.
E FDIC Order of Prohibition as to Timothy Taken under submission
Murphy
F FDIC Order of Prohibition as to Shaun Hayes Sustained
G Emails between Excel and Chicago Title Ins. Sustained, unless admissibility
Co. (CTIC), Jan. 2009 established at trial (i.e. impeachment)
H Emails between Excel and CTIC, Jan.-Feb. Sustained, unless admissibility
2009 established at trial (i.e. impeachment)
I Emails between Excel and CTIC Sustained, unless admissibility
established at trial (i.e. impeachment)
J Emails between Excel and CTIC Sustained, unless admissibility
established at trial (i.e. impeachment)
K Emails between Excel and CTIC Sustained, unless admissibility
established at trial (i.e. impeachment)
L Email from CTIC to Excel, 2/4/09 Sustained, unless admissibility
established at trial (i.e. impeachment)
M Long form Deed of Trust, unexecuted Stipulated as to admissibility
N Chicago Trust estimated closing statement Stipulated as to admissibility
O Chicago Trust borrower's escrow Stipulated as to admissibility
instructions
P Emails between Excel and CTIC, Feb. 2009 Sustained, unless admissibility
established at trial (i.e. impeachment)
Q Email from CTIC to Excel, 2/5/09 Sustained, unless admissibility
established at trial (i.e. impeachment)
R Emails between Excel and CTIC, 2/10/09 Sustained, unless admissibility
established at trial (i.e. impeachment)
S Simmons notice of claim to CTIC, 6/20/14 Withdrawn
T CTIC reservation of rights to Simmons, Withdrawn
9/15/14
U Defs' 30(b)(6) depo notice to P's corporate Withdrawn
representative
V Assignment of Deed of Trust from FDIC to P Stipulated as to admissibility
W CTIC letter 2/23/15, supplemental Withdrawn
reservation of rights (re Defs' counterclaims
not covered by policy)
X Feb. 2015 emails between P (Renner) and Withdrawn
FDIC re this litigation
Y Simmons' financial statement through Withdrawn
12/14
Z Simmons' 1/22/15 press release re earnings Withdrawn
IT IS SO ORDERED.
Source: Leagle
