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United States ex rel Fago v. M & T Mortgage Corp.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


March 31, 2006

UNITED STATES OF AMERICA EX REL. ANNE M. FAGO RELATOR, BRINGING THIS ACTION ON BEHALF OF THE UNITED STATES OF AMERICA, PLAINTIFFS,
v.
M & T MORTGAGE CORPORATION, DEFENDANT.

The opinion of the court was delivered by: John M. Facciola United States Magistrate Judge

ORDER

In accordance with the accompanying Memorandum Opinion, it is, hereby, ORDERED that

1. Plaintiff's Motion to Compel [#37] is GRANTED in part and DENIED in part; and it is further ORDERED that

2. Plaintiff's Request for Oral Hearing [#42] is DENIED as moot; and it is further ORDERED that

3. Defendant M&T Mortgage Corporation ("M&T") shall submit for in camera review, within ten business days of this Order, (a) the documents withheld from production in response to plaintiff's Document Request Nos. 38, 40-43, 45, 48, 50, and 51under a claim of work product protection, and (b) a log providing the bates number(s), date, author, and recipient of each document submitted; and it is further ORDERED that

4. As further explained in the accompanying Memorandum Opinion, M&T shall submit a brief, within ten business days of this Order, showing cause why, if it so contends, it is not capable of pulling the names of the persons who audited each of the 108 loans that it determined were potentially actionable in this lawsuit from its electronic archives and, if it is capable of so doing, why, if it so contends, the burden of pulling that information would be prohibitive. Plaintiff will have ten business days thereafter to respond.

SO ORDERED.

20060331

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