Court filing
RULE 26 Disclosures by TRUIST BANK — Agent Fee Litigation (Dkt. 68)
Summary
Truist Bank's Rule 26(a)(1) initial disclosures in Sport & Wheat CPA PA v. ServisFirst Bank Inc., et al., Case No. 3:20-cv-5425-TKW-HTC, in the U.S. District Court for the Northern District of Florida, dated June 29, 2020. The disclosures identify categories of people who may have discoverable information, including a corporate representative of the plaintiff, a corporate representative of "Borrower M" and Truist personnel reachable through McGuireWoods LLP. They describe document categories Truist may rely on, covering its implementation of the PPP, the Borrower M Loan and the plaintiff's processes for PPP clients. Truist states it is not claiming damages at present but reserves the right to seek attorney's fees and costs, and that it does not believe its commercial insurance policy is relevant. The filing is signed by McGuireWoods LLP counsel and includes a certificate of service.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
SPORT & WHEAT CPA PA,
a Florida corporation, individually and on
behalf of a class of similarly situated
businesses and individuals,
Plaintiff,
Case No. 3:20-cv-5425-TKW-HTC
v.
SERVISFIRST BANK INC.;
SYNOVUS BANK;
THE FIRST, A NATIONAL
ASSOCIATION; and
TRUIST BANK,
Defendants.
TRUIST BANK’S RULE 26(a)(1) INITIAL DISCLOSURES
Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure, Defendant
Truist Bank (“Truist”) provides the following initial disclosures:
SCOPE OF RULE 26(a)(1) DISCLOSURES
Truist’s investigation of this matter is still at an early stage and these initial
disclosures contain only the information and description of documents reasonably
known or ascertainable as of this date. By making these initial disclosures, Truist
does not represent that it is identifying every document, tangible thing, or witness
possibly relevant to this proceeding, nor does Truist waive its right to object to the
production of any document or tangible thing on the basis of any privilege, the
work product doctrine, relevance, undue burden, or any other valid objection.
Rather, Truist’s disclosures herein represent its good faith effort to reasonably
identify information subject to the disclosure requirements of Federal Rule of Civil
Procedure 26(a)(1). Truist reserves the right to supplement or amend its initial
disclosures based on information learned through the course of discovery or
otherwise.
Rule 26(a)(1)(A)(i): The name and, if known, the address and telephone
number of each individual likely to have discoverable information—along with the
subjects of that information—that the disclosing party may use to support its claims
or defenses, unless the use would be solely for impeachment.
Response: At this stage of the litigation, Truist has identified the following
individuals or representatives who it believes may have discoverable information that
may be used to support its defenses in this case:
1. Corporate representative of Sport & Wheat CPA, PA and/or Jill
Sport, c/o Plaintiff’s Counsel - Truist believes that Plaintiff Sport & Wheat CPA,
PA (“Plaintiff”) and/or its principal, Jill Sport, have knowledge or information
regarding the subject lawsuit, including the allegations asserted and damages claimed
therein.
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2. Corporate representative of “Borrower M” - Truist believes that
“Borrower M,” as identified in Paragraph 129 of the Amended Complaint, may have
knowledge or information regarding its PPP loan application submitted to Truist,
including the loan application process, required documentation, and the alleged
involvement of Plaintiff, if any, in connection therewith.
3. Thomas Hughes, Jr., c/o McGuireWoods LLP - Truist believes that
Mr. Hughes may have knowledge or information regarding Truist’s participation in
the Paycheck Protection Program (“PPP”), including but not limited to Truist’s
policies and procedures regarding the non-payment of agent fees in connection
therewith.
4. Tim White and Jimmy Stapleton, c/o McGuireWoods LLP - Truist
believes that Messrs. White and Stapleton may have knowledge or information
regarding Truist’s participation in the PPP, including the loan application process,
required documentation, and Truist’s online application portal, as well as knowledge
or information regarding interactions and communications with “Borrower M” and
Plaintiff in connection with the submission of Borrower M’s PPP loan application to
Truist.
5. All individuals and business entities (including Fed. R. Civ. P. 30(b)(6)
witnesses of such entities) previously and hereafter identified or disclosed by any
party or non-party, including without limitation, in Plaintiff’s initial disclosures or
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in response to any discovery requests propounded upon Plaintiff by any Defendant,
as amended or supplemented.
Rule 26(a)(1)(A)(ii): A copy—or a description by category and location—
of all documents, electronically stored information, and tangible things that the
disclosing party has in its possession, custody, or control and may use to support
its claims or defenses, unless the use would be solely for impeachment.
Response: The following is a description of categories of documents, data
compilations, and tangible things that Truist may rely on in support of its claims or
defenses:
1. Information Related to Truist’s Implementation of the PPP
Information or documents relating to Truist’s implementation of the PPP,
including but not limited to: spreadsheets, flowcharts, training handouts or manuals,
policies and procedures, and/or step-by-step guides provided to Truist employees in
order to introduce and train employees on the PPP loan process; documents or
guidance published by any governmental agency or professional accounting
organization (e.g., the American Institute of Certified Public Accountants) and relied
upon by Truist regarding implementation of the PPP and payment of agent fees;
spreadsheets, flowcharts, how-to manuals, policies and procedures, and/or step-by-
step guides provided to Truist customers in order to help facilitate the PPP loan
process; and information regarding the PPP, including affirmative statements
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regarding use of agents and payment of agent fees, posted to Truist’s website.
2. Information Related to Borrower M’s PPP Loan
Information or documents relating to the PPP loan funded by Truist Bank to
Borrower M (the “Borrower M Loan”), including but not limited to: documents
submitted with the Borrower M Loan application, including any certifications or fee
disclosure agreements (such as SBA Form 159) submitted by Plaintiff;
communications with Borrower M and/or Plaintiff in connection with applying for
the Borrower M Loan; and any demands for payment allegedly due to Plaintiff for its
work on securing the Borrower M Loan.
3. Information Related to Plaintiff’s Relationship With and
Processes For Clients That They Assisted in the PPP Loan
Process
Information or documents relating to Plaintiff’s process for serving clients for
whom they applied for PPP loans, including but not limited to: documents evidencing
the client relationship between Plaintiff and such clients, including Borrower M;
documents evidencing all work performed by Plaintiff for such clients, including
Borrower M; and documents evidencing Plaintiff’s processes for assisting clients in
applying for PPP loans.
4. Information Identified or Produced in Discovery
Information or documents previously and hereafter identified, disclosed, or
produced by any party or non-party, including without limitation, in Plaintiff’s initial
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disclosures or in response to any discovery requests propounded upon Plaintiff by any
Defendant, as amended or supplemented.
Rule 26(a)(1)(A)(iii): A computation of each category of damages claimed
by the disclosing party—who must also make available for inspection and copying as
under Rule 34 the documents or other evidentiary material, unless privileged or
protected from disclosure, on which each computation is based, including materials
bearing on the nature and extent of injuries suffered.
Response: Truist is not claiming any damages at present, but expressly
reserves the right to do so at a later time. However, Truist has incurred and continues
to incur costs and attorney’s fees as a result of its defense of this lawsuit. Truist
reserves the right to seek attorney’s fees and costs that it incurs in this matter.
Rule 26(a)(1)(A)(iv): For inspection and copying as under Rule 34, any
insurance agreement under which an insurance business may be liable to satisfy all
or part of a possible judgment in the action or to indemnify or reimburse for payments
made to satisfy the judgment.
Response: Truist states that, although it has a commercial insurance policy,
it does not believe such policy is relevant to this matter given the amounts at issue in
this case and the applicable retention. Truist reserves the right to supplement this
response, if needed, in accordance with federal and local rules.
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Dated: June 29, 2020 Respectfully Submitted,
MCGUIREWOODS LLP
By: /s/ M. Laughlin Allen
Cheryl L. Haas (Admitted Pro Hac Vice)
Georgia Bar No. 316081
chaas@mcguirewoods.com
M. Laughlin Allen (Admitted Pro Hac Vice)
Georgia Bar No. 901999
mlallen@mcguirewoods.com
MCGUIREWOODS LLP
1230 Peachtree Street N.E.,
Suite 2100
Atlanta, GA 30309-3534
T: (404) 443-5500
F: (404) 443-5599
Kathryn M. Barber (Admitted Pro Hac Vice)
Virginia Bar No. 88992
kbarber@mcguirewoods.com
MCGUIREWOODS LLP
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
T: (804) 775-1227
F: (804) 698-2227
Emily Y. Rottmann
Florida Bar No. 93154
erottmann@mcguirewoods.com
MCGUIRE WOODS LLP
50 N Laura Street, Suite 3300
Jacksonville, FL 32202
T: (904) 798-3200
F: (904) 798-3207
Attorneys for Truist Bank
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 29, 2020, I served the foregoing via
electronic mail and U.S. Mail to all counsel of record.
/s/ M. Laughlin Allen
Attorney
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