Baker v. Specialized Loan Servicing, LLC et al

Western District of Texas, txwd-5:2019-cv-01298

Affidavit Defendant's Rule Initial Disclosures

Interested in this case?

Current View

Full Text

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PAUL E. BAKER Plaintiff, v. Civil Action No. 5:19-CV-01298-OLG SPECIALIZED LOAN SERVICING, LLC; EQUIFAX INFORMATION SERVICES, LLC; and EXPERIAN INFORMATION SOLUTIONS, INC., Defendants. DEFENDANT'S RULE 26(a)(1) INITIAL DISCLOSURES Comes now, Defendant Specialized Loan Servicing, LLC (hereinafter "SLS"), and makes the following disclosures: 1. Name and, if known, the address and telephone number of each individual likely to have discoverable information – along with the subjects of that information – that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; Paul E. Baker c/o William M. Clanton LAW OFFICE OF BILL CLANTON, P.C. 926 Chulie Drive San Antonio, Texas 78216 Re: Plaintiff has information relating to the mortgage, any and all defaults thereunder, attempts to reinstate/modify the loan, and information provided to credit reporting bureaus. Corporate Representatives Specialized Loan Servicing, LLC ("SLS") c/o Branch M. Sheppard GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH, A PLC 1301 McKinney Street, Suite 1400 Houston, Texas 77010 (713) 599-0700 1 Re: Defendants have information relating to the mortgage, any and all defaults thereunder, foreclosure, information provided to credit reporting bureaus. 2. A copy – or a description by category and location – of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; 1. Deed of Trust 2. Documents sent to and received from Borrower 3. Correspondence from Plaintiff 4. Customer Account Activity Statements 5. Note 6. System notes 7. Correspondence and notices sent to Borrower 8. Loan origination file 9. Foreclosure file 10. Public record documents 11. Documents establishing lien True and correct copies of the above-described documents are located at the offices of the undersigned counsel. 3. A computation of each category of damages claimed by the disclosing party – who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and Defendant filed a counterclaim seeking reasonable and necessary attorneys' fees and costs associated with defending this lawsuit. Such attorneys' fees and costs shall be based upon the attorneys' fees and costs incurred through the date of final disposition of this suit. 4. For inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. Not applicable. [Signature and Certificate of Service to follow on the next page.] Respectfully submitted, //s// Branch M. Sheppard BRANCH M. SHEPPARD Texas State Bar No. 24033057 bsheppard@gallowaylawfirm.com OF COUNSEL: GALLOWAY JOHNSON TOMPKINS BURR & SMITH A Professional Law Corporation Annarose M. Harding Texas State Bar No. 24071438 aharding@gallowaylawfirm.com 1301 McKinney, Suite 1400 Houston, Texas 77010 (713) 599-0700 (Telephone) (713) 599-0777 (Facsimile) ATTORNEYS FOR SLS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing the above and foregoing instrument was delivered via e-service to the following on this 16th day of December, 2019. VIA E-SERVICE WILLIAM M. CLANTON LAW OFFICE OF BILL CLANTON, P.C. 926 CHULIE DRIVE SAN ANTONIO, TEXAS 78216 MICHAEL A. ERDMANN JONES DAY 2727 NORTH HARWOOD ST., STE. 600 DALLAS, TEXAS 75201