Court filing
Exhibit J - E-mail — Agent Fee Litigation (Dkt. 73.10)
Summary
An e-mail chain filed as Exhibit J at Dkt. 73.10 in the agent fee litigation, exchanged among counsel on Wednesday, June 17, 2020 under a subject line referencing Case 1:20-cv-02026-MLB, Alliant CPA Group, LLC v. Bank of America, Corp. et al. In the first message, James E. Butler, Jr. of Butler Wooten & Peak, writing for Synovus Bank, states that the complaint alleges at paragraph 37 that Alliant CPA Group served as agent for small businesses applying for PPP loans including through Synovus Bank, that the bank's investigation found no evidence of that, and asks for the identity of any such borrower and supporting documentation. Plaintiff's counsel James F. McDonough, III replies that they will consider whether to engage in discovery before discovery opens and asks whether Synovus agrees it is required to pay agent fees. The reply states this request is not discovery and raises Rule 11.
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Full text
Bill Cash
From: Jim Butler <jim@butlerwooten.com>
Sent: Wednesday, June 17, 2020 13:18
To: James F. McDonough, III; 'mark@geragos.com'; 'ben@geragos.com'; W. Lewis Garrison,
Jr.
Cc: 'Nathanson, Paul J.'; Philip Bates (pbates@philipbates.net); Ramsey Prather; Haynes,
Antonio M.; Kim McCallister
Subject: RE: Case 1:20-cv-02026-MLB Alliant CPA Group, LLC v. Bank of America, Corp. et al
This is not “discovery.” We are entitled to know whether you even have a claim against our client. Ordinarily one
would expect the requested information to be disclosed in the Complaint. It is very basic information.
Whether Alliant in fact served as an “agent” for a Synovus borrower has Rule 11 implications. So does your refusal to
provide this basic information. Synovus is being forced to go to expense and trouble addressing a Complaint that
purports to make claims that seem to not exist. You have conceded the propriety of providing that basic information
by dismissing UCB because Alliant did not in fact purport to act as an “agent” for any UCB borrower.
As to your question, you already know that Synovus does not agree that it is “required” to pay agents fees. But we’ll
consider a request from Alliant that discloses what Synovus borrower Alliant supposedly aided, and what Alliant did to
assist that borrower, and what specific fee Alliant claims is owed by Synovus, and whether the borrower agrees Alliant
did that work and that the claimed fee is justifiable. Will you provide that information? If you decline, that means
Synovus will continue to have to pay attorneys fees and have its business operations interrupted by searching for
information about your claim that you refuse to provide.
Thanks
Jim Butler
From: James F. McDonough, III [mailto:jmcdonough@hgdlawfirm.com]
Sent: Wednesday, June 17, 2020 1:34 PM
To: Jim Butler <jim@butlerwooten.com>; 'mark@geragos.com' <mark@geragos.com>; 'ben@geragos.com'
<ben@geragos.com>; W. Lewis Garrison, Jr. <lewis@hgdlawfirm.com>
Cc: 'Nathanson, Paul J.' <paul.nathanson@davispolk.com>; Philip Bates (pbates@philipbates.net)
<pbates@philipbates.net>; Ramsey Prather <Ramsey@butlerwooten.com>; Haynes, Antonio M.
<antonio.haynes@davispolk.com>; Kim McCallister <kim@butlerwooten.com>
Subject: RE: Case 1:20-cv-02026-MLB Alliant CPA Group, LLC v. Bank of America, Corp. et al
Thanks, Jim. We’re in receipt of your request and will consider whether we’ll engage in any discovery before discovery is
open. Does Synovus agree that it is required to pay agent fees?
James F. McDonough, III
Partner
3621 Vinings Slope, Suite 4320, Atlanta GA 30339
Tel: 404.996.0869 | Fax: 205.547.5504
jmcdonough@hgdlawfirm.com | www.hgdlawfirm.com
1
Alabama Georgia New York
From: Jim Butler <jim@butlerwooten.com>
Sent: Wednesday, June 17, 2020 1:20 PM
To: 'mark@geragos.com' <mark@geragos.com>; 'ben@geragos.com' <ben@geragos.com>; James F. McDonough, III
<jmcdonough@hgdlawfirm.com>; W. Lewis Garrison, Jr. <lewis@hgdlawfirm.com>
Cc: 'Nathanson, Paul J.' <paul.nathanson@davispolk.com>; Philip Bates (pbates@philipbates.net)
<pbates@philipbates.net>; Ramsey Prather <Ramsey@butlerwooten.com>; Haynes, Antonio M.
<antonio.haynes@davispolk.com>; Kim McCallister <kim@butlerwooten.com>
Subject: Case 1:20-cv-02026-MLB Alliant CPA Group, LLC v. Bank of America, Corp. et al
Plaintiff’s Counsel:
Your complaint alleges that Alliant CPA Group, LLC “served as the Agent and was an Agent
for small businesses applying for the PPP loans to be lent by the Defendants,” including
Synovus Bank. (Para. 37.)
Synovus Bank has been investigating whether your client, Alliant CPA, served as an agent for
any borrower that obtained a PPP loan through Synovus Bank. Based on our investigation, we
find no evidence of that.
So that we can fully evaluate Synovus Bank’s options, please promptly let us know who
exactly, if anyone, Alliant CPA served as an agent for in connection with a PPP loan made by
Synovus Bank.
Please send to us copies of any documentation proving that Alliant served as an agent for a PPP
borrower from Synovus Bank.
We look forward to an immediate and complete response before Synovus is required to spend
any more money defending what appears to be a claim that does not exist.
Thank you.
James E. Butler, Jr.
BUTLER WOOTEN & PEAK
Atlanta – Columbus – Savannah
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