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ResCap Liquidating Trust v. Primary Residential Mortg., Inc. (In re RFC & ResCap Liquidating Trust Action)

United States District Court for the District of Minnesota

March 10, 2020, Decided; March 13, 2020, Filed

Case No. 0:13-cv-3451 (SRN/HB)

Opinion

ORDER RE: VIDEOCONFERENCING OF REMAINING WITNESSES

SUSAN RICHARD NELSON, United States District Judge

This matter comes before the Court regarding a recent development involving the coronavirus, otherwise known as COVID-19.1 Currently, [*14]  Plaintiff ResCap Liquidating Trust ("ResCap") and Defendant Primary Residential Mortgage, Inc. ("PRMI") are engaged in a bench trial before the Court that began on February 10, 2020. (See Minute Entry [Doc. No. 5425].) The Court held trial on February 10, 11, 12, 13, 14, 18, 19, 20, and 21, as well as March 3 and 4, 2020. (See Minute Entries [Doc. Nos. 5425, 5429, 5432, 5433, 5434, 5446, 5447, 5450, 5451, 5464, 5465].) The trial is scheduled to resume on Thursday, March 12, 2020, with closing arguments anticipated the following day. (See Minute Entry [Doc. No. 5465].) There are two PRMI witnesses remaining: Dr. Justin McCrary and James Crawford.

On March 10, 2020, the Court was informed of the following facts. Sometime prior to March 2, 2020, a Quinn Emanuel attorney in New York who is not a member of ResCap's trial team contracted COVID-19. (See Pl.'s March 10, 2020 Letter [Doc. No. 5467] at 1.) During the week of February 24, 2020, prior to any diagnosis of the infected attorney, [TEXT REDACTED BY THE COURT] This past weekend, Quinn Emanuel became aware that the infected attorney had been diagnosed with COVID-19. (Pl.'s [*15]  March 10, 2020 Letter at 1.) [TEXT REDACTED BY THE COURT] Out of an abundance of caution, Quinn Emanuel's New York office was temporarily closed after the infected attorney tested positive. (Id.)

Upon learning of the temporary closure of Quinn Emanuel's New York office, PRMI's counsel contacted counsel for ResCap, as well as PRMI's two remaining witnesses, Dr. McCrary and Mr. Crawford. (Def.'s March 10, 2020 Letter [Doc. No. 5468] at 1.) Dr. McCrary, who lives in New York, and Mr. Crawford, who lives in Utah, have requested that they not be ordered to travel to Minnesota to provide testimony on March 12. (Id. at 2.) [TEXT REDACTED BY THE COURT]2 [TEXT REDACTED BY THE COURT]

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2020 U.S. Dist. LEXIS 44607 *

In Re: RFC and RESCAP Liquidating Trust Action; This document relates to: ResCap Liquidating Trust v. Primary Residential Mortgage, Inc., Case No. 16-cv-4070 (SRN/HB)

Prior History: Residential Funding Co., LLC v. Acad. Mortg. Corp., 59 F. Supp. 3d 935, 2014 U.S. Dist. LEXIS 159738 (D. Minn., Nov. 12, 2014)

CORE TERMS

videoconference, good cause, technology, virus, compelling circumstances, transmission, witnesses, remote, advisory committee note, infected, spread, video