ResCap Liquidating Trust v. Primary Residential Mortgage, Inc.
- Susan Nelson
- 0:16-cv-04070
- U.S. District Court · District of Minnesota
- 2
In ResCap Liquidating Trust v. Primary Residential Mortgage, Judge Nelson granted permission to file additional fee materials without deciding whether the fees were recoverable.
ResCap Liquidating Trust may file the supplemental fee materials; Primary Residential Mortgage may respond within 14 days, and the parties must discuss whether the materials should be publicly filed.
What happened
ResCap Liquidating Trust asked to file a second supplemental declaration and related invoices supporting its request for attorney’s fees, costs, and interest. Primary Residential Mortgage opposed the request, arguing that the added materials would be futile because ResCap could not recover costs related to preparing its fee request.
Primary Residential Mortgage alternatively asked for 14 days to respond if the court allowed the filing, and argued that any supplemental materials should be publicly filed. ResCap sought permission to submit the materials without requiring public filing.
In ResCap Liquidating Trust v. Primary Residential Mortgage, Judge Susan Richard Nelson granted ResCap’s request to file the supplemental materials, allowed Primary Residential Mortgage to respond within 14 days after the filing, and directed the parties to discuss whether the materials should be public. The court did not decide whether the additional fees and costs were recoverable.
The detailed version
- ResCap Liquidating Trust v. Primary Residential Mortgage, Inc. · No. 0:16-cv-04070
- Susan Nelson
- Feb. 19, 2021
Background
ResCap Liquidating Trust asked for permission to file a second supplemental declaration and related invoices in support of its motion for attorney’s fees, costs, and interest. The proposed supplemental materials concerned fees and costs ResCap incurred in connection with that fee motion.
Primary Residential Mortgage, Inc. opposed the request on the ground that filing the materials would be futile. It argued that ResCap was not entitled to recover fees and costs incurred in preparing the fee request. Alternatively, Primary Residential Mortgage asked for permission to file a response within two weeks after ResCap filed the supplemental materials, addressing whether the additional fees and costs were reasonable.
Primary Residential Mortgage also argued that, if filed, the supplemental materials should appear on the public docket. The parties had previously agreed that some portions of an initial declaration would be redacted and that an earlier supplemental declaration would be entirely unsealed.
Court’s ruling
The court expressly declined to address whether ResCap’s additional fees and costs were recoverable. It granted ResCap’s request to file the supplemental materials. Primary Residential Mortgage may file a response within 14 days after ResCap’s filing.
The court also stated that ResCap would not be required to file the supplemental materials publicly at that time. Instead, it directed the parties to meet and confer about public filing, using the procedures they had used previously. Judge Susan Richard Nelson signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.