The opinion of the court was delivered by: Honorable David O. Carter, Judge
PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE
Julie Barrera N/A Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:
None Present None Present
PROCEEDINGS: (IN CHAMBERS): ORDER DENYING DEFENDANTS'
MOTION TO COMPEL (DKT. 68)
Defendants CoreLogic Valuation Services (CoreLogic Valuation) and CoreLogic Real Estate Solutions (CoreLogic Real Estate) have asked the Court to compel the Federal Deposit Insurance Corporation (FDIC) to answer Defendants' Requests For Admissions (RFAs). Motion To Compel (Mot., Dkt. 68). This Court is handling all discovery disputes in the case.
Specifically, Defendants ask the Court to compel answers to RFAs 8-9 and 11-29. Those RFAs ask the Federal Deposit Insurance Corporation ("FDIC") to admit allegations that the FDIC made in another federal court lawsuit, Federal Deposit Insurance Corp. v. Killinger, et al., 2:11-CV-00459-MJP (W.D. Wash.) (filed Mar. 16, 2011).
I. Background: Killinger and the current lawsuit
In Killinger, the FDIC sued senior executives at Washington Mutual Bank ("WaMu"), alleging wrongdoing by those executives that led WaMu to make reckless loans. Mot. 2. The loans made in this case are a subset of the loans that were the subject of the Killinger litigation against WaMu's executives. The Killinger action did not go to trial, and ended with a $64 million settlement. Porter Decl. (Dkt. 68-3), Ex. 6.
In this action, the FDIC, as receiver for WaMu, has sued predecessor
companies of Corelogic Valuation and Corelogic Real Estate.*fn1
The claim is for breach of contract: for example, Corelogic
Valuation is accused of violating its agreement to provide appraisal
services that would conform to relevant laws, guidelines, and industry
standards. The FDIC alleges that WaMu suffered about $113 million in
losses on 169 loans that were made in reliance on CoreLogic
Valuation's appraisal services. Response 2.
Defendants have propounded RFAs asking the FDIC to admit the allegations made in Killinger. For example, RFA 12 asks the FDIC to admit, as alleged in Killinger, that the "negligence, gross negligence, and breaches of fiduciary duty of WAMU's former" top officers "caused WAMU to ...