Court filing
Letter dated May 10, 2024 by Kolawole Ahmadou, Ezra Beattie, Kiana Dervin — Marshall v. Prestamos CDFI, LLC (Dkt. 111, E.D. Pa. No. 5:21-cv-04337)
Filed May 10, 2024 in Marshall v. Prestamos CDFI, LLC; one of 344 filings from this case.
Record facts
| Court | U.S. District Court for the Eastern District of Pennsylvania |
|---|---|
| Filed | 2024-05-10 |
U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 111 · 2024-05-10 · Docket on CourtListener
Full text
1622 Locust Street
Philadelphia, PA 19103
Tel: 215.274.9420
Fax: 304.342.1110
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May 10, 2024
Judge John M. Gallagher
United States District Court for the
Eastern District of Pennsylvania
Edward N. Cahn Courthouse & Federal Bldg.
504 W. Hamilton Street, Suite 4701
Allentown, Pennsylvania 18101
Re:
Marshall v. Prestamos CDFI, LLC, No. 5:21-cv-04337-JMG (E.D. Pa.)
Dear Judge Gallagher:
Pursuant to the Court’s Order of May 1, 2024 (ECF No. 105), Plaintiffs submit the
following outline of all completed, outstanding, and anticipated discovery requests served or to
be served by Plaintiffs.
I.
Requests for Production of Documents
A. Plaintiffs’ First Set of Requests to Prestamos (issued November 16, 2021)
Plaintiffs issued these requests shortly after filing the initial complaint. Prestamos
substantially refused to respond while its motion to dismiss was pending. Plaintiffs substantially
narrowed the scope of the requests over the course of several meet-and-confers. Plaintiffs
tentatively believe that Prestamos’ response is complete, but cannot be certain of that absent
deposing Prestamos’ witnesses, who may disclose the existence of additional responsive
documents.
B. Plaintiffs’ First Set of Requests to Chicanos Por La Causa (“CPLC”) (issued June
14, 2023)
Plaintiffs issued these requests in the course of jurisdictional discovery. As jurisdictional
discovery has long been completed and the Court dismissed CPLC on grounds of jurisdiction,
any issues relating to CPLC’s response are likely moot.
C. Plaintiffs’ First Set of Requests to Prestamos in Drevnak case (issued October 18,
2023)
Plaintiffs issued these requests primarily for the purpose of seeking documents regarding
the Drevnak plaintiffs equivalent to those that Plaintiffs sought with respect to the original
Marshall plaintiffs. Plaintiffs again substantially narrowed the scope of the requests, primarily to
Lawrence J. Lederer
llederer@baileyglasser.com
Case 5:21-cv-04337-JMG Document 111 Filed 05/10/24 Page 1 of 4
Judge John M. Gallagher
May 10, 2024
Page 2
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accelerate Prestamos’s production of materials relevant to class certification. Prestamos
produced documents after business hours on May 9, 2024. Plaintiffs are in the process of
uploading those documents for review.
D. Plaintiffs’ Second Set of Requests to Prestamos (issued November 27, 2023)
Plaintiffs issued these requests primarily for the purpose of seeking additional details
regarding Plaintiffs in both this action and the Drevnak action. Prestamos produced documents
after business hours on May 9, 2024. Plaintiffs are in the process of uploading those documents
for review.
II.
Interrogatories
A. Plaintiffs’ First Set of Interrogatories to Prestamos (issued November 16, 2021)
Plaintiffs issued these interrogatories shortly after filing the initial complaint. Prestamos
responded on January 19, 2022. Plaintiffs tentatively believe that Prestamos’ response is
complete, but cannot be certain of that absent deposing Prestamos’ witnesses, who may disclose
the existence of additional responsive information.
B. Plaintiffs’ First Set of Interrogatories to CPLC (issued June 14, 2023)
Plaintiffs issued these interrogatories in the course of jurisdictional discovery. As
jurisdictional discovery has long been completed and the Court dismissed CPLC on grounds of
jurisdiction, any issues relating to CPLC’s response are likely moot.
C. Plaintiffs’ Second Set of Interrogatories to Prestamos (issued November 30, 2023)
Prestamos responded to this short set of interrogatories on January 19, 2024. Plaintiffs
tentatively believe that Prestamos’ response is complete, but cannot be certain of that absent
deposing Prestamos’ witnesses, who may disclose the existence of additional responsive
information.
III.
Depositions
A. Jurisdictional Witnesses
On August 31, 2023, Plaintiffs issued notices of deposition pursuant to Fed. R. Civ. P.
30(b)(6) to both Prestamos and CPLC regarding jurisdiction over CPLC. Those depositions were
held the following month, and Plaintiffs took two depositions.
Case 5:21-cv-04337-JMG Document 111 Filed 05/10/24 Page 2 of 4
Judge John M. Gallagher
May 10, 2024
Page 3
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B. Prestamos Witnesses
On May 6, 2024, Plaintiffs noticed the depositions of three Prestamos witnesses (David
Castillo, Alicia Nunez, and Jose Martinez) for June 2024. The parties have scheduled a
conference to discuss logistics for all depositions.
IV.
Requests for Admissions
A. Plaintiffs’ First Set of Requests for Admissions to Prestamos (issued April 5, 2023)
Prestamos responded to these requests for admissions on May 10, 2023. Plaintiffs
tentatively believe that Prestamos’ response is complete, but cannot be certain of that absent
deposing Prestamos’ witnesses, who may disclose the existence of additional responsive
information.
B. Plaintiffs’ First Set of Requests for Admissions to CPLC (issued June 14, 2023)
Plaintiffs issued these requests for admissions in the course of jurisdictional discovery.
As jurisdictional discovery has long been completed and the Court dismissed CPLC on grounds
of jurisdiction, any issues relating to CPLC’s response are likely moot.
V.
Non-Party Discovery
A. Plaintiffs’ Subpoena to CPLC (served February 16, 2022)
CPLC substantially refused to respond to Plaintiffs’ subpoena. Plaintiffs subsequently
added CPLC as a defendant, and CPLC responded to party discovery.
B. Plaintiffs’ Subpoena to Evolve Bank (served May 1, 2024)
Evolve Bank was the bank that Prestamos used to disburse Paycheck Protection Program
(“PPP”) loan proceeds. This subpoena seeks documents related to Prestamos’ purported funding
of Plaintiffs’ loans. Evolve’s response is due May 24, 2024.
Plaintiffs presently do not anticipate serving additional discovery concerning class
certification other than one or more notices of depositions of Prestamos’ expert(s) prior to the
June 28, 2024 deadline for class certification discovery. See Scheduling Ord. (ECF No. 102) ¶ 4.
Plaintiffs also intend to issue additional deposition notices to present and former
CPLC/Prestamos employee fact witnesses as part of merits discovery. Plaintiffs may also issue
additional written party and non-party merits discovery going forward, and will assess their need
for additional merits discovery on an ongoing basis.
Case 5:21-cv-04337-JMG Document 111 Filed 05/10/24 Page 3 of 4
Judge John M. Gallagher
May 10, 2024
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Respectfully submitted,
/s/ Lawrence J. Lederer
Lawrence J. Lederer
cc: All ECF Recipients
Certificate of Service
I, Lawrence J. Lederer, hereby certify that, on this 10th day of May 2024, I caused a copy
of the forgoing to be served via the Court’s ECF system on all parties of record.
/s/Lawrence J. Lederer .
Lawrence J. Lederer
Case 5:21-cv-04337-JMG Document 111 Filed 05/10/24 Page 4 of 4File and source
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