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United States ex rel. Fisher v. Ocwen Loan Servicing, LLC

United States District Court for the Eastern District of Texas, Sherman Division

March 15, 2016, Decided; March 15, 2016, Filed

CASE NO. 4:12-CV-543

Opinion

MEMORANDUM OPINION AND ORDER

Pending before the Court is Defendants Ocwen Loan Servicing and Ocwen Financial Corporation's Motion to Compel Production of Documents and Information (Dkt. #260). After reviewing the relevant pleadings, the Court finds that the motion should be granted in part and denied in part.

BACKGROUND

On August 20, 2012, Relator Michael J. Fisher ("Fisher" or "Relator") filed his original complaint under seal (Dkt. #1). In his original complaint, Fisher claimed that Ocwen Loan Servicing LLC's ("Ocwen") Home Affordable Modification Program ("HAMP") modifications violated the federal Truth in Lending Act ("TILA") because Ocwen did not provide a TILA notice of rescission in connection with its loan modifications. (See Dkt. #1).

On April [*3]  7, 2014, United States Magistrate Judge Don Bush ordered that the complaint be unsealed and served upon Defendant, after the United States declined to intervene (Dkt. #19). On August 1, 2014, Relator filed his Amended Complaint (Dkt. #23). On August 6, 2014, Relator filed his second Amended Complaint (Dkt. #29).

On November 13, 2014, Relators filed their third amended complaint (Dkt. #59). The third amended complaint incorporated allegations including: (1) Federal Housing Administration ("FHA") violations, (2) Dodd-Frank Act violations, (3) Real Estate Settlement Procedures Act ("RESPA") violations, and (4) Texas, New York, and Massachusetts state law violations (Dkt. #59). It also added a new relator, Brian Bullock ("Bullock" or "Relator") (Dkt. #59).

On February 9, 2015, the parties filed their Joint Motion for Entry of Protective Order (Dkt. #95), which Judge Bush granted and entered on February 11, 2015 (Dkt. #98).

On April 17, 2015, Relators filed their Fourth Amended Complaint (Dkt. #126). This complaint added Ocwen Financial Corporation ("OFC") as a defendant, alleging that OFC made false representations to the government that induced the government to enter into Servicer Participation [*4]  Agreements ("SPA") with OFC (See Dkt. #126). The Fourth Amended Complaint also claims that OFC is the parent company of Ocwen (Dkt. #126).

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2016 U.S. Dist. LEXIS 32967 *

UNITED STATES OF AMERICA Ex rel. Michael J. Fisher, Brian Bullock and Michael Fisher, Individually and Brian Bullock, Individually v. OCWEN LOAN SERVICING, LLC; ET. AL.

Prior History: United States ex rel. Fisher v. Ocwen Loan Servicing, LLC, 2015 U.S. Dist. LEXIS 82954 (E.D. Tex., June 26, 2015)

CORE TERMS

documents, funder, work product doctrine, communications, anticipation of litigation, privilege log, waived, discoverable, parties, amended complaint, disclosure, discovery, investors, numbers, seal, work product, in camera, work-product, motivating, asserting, withheld, prepare