Court filing
Letter dated May 22, 2024 by Prestamos CDFI, LLC — Marshall v. Prestamos CDFI, LLC (Dkt. 120, E.D. Pa. No. 5:21-cv-04337)
Filed May 22, 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 | 2024-05-22 |
U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 120 · 2024-05-22 · Docket on CourtListener
Full text
Marcel Pratt
Tel: 215.864.8506
Fax: 215.864.8999
prattm@ballardspahr.com
May 22, 2024
By Electronic Filing
The Hon. John M. Gallagher
United States District Court for the Eastern District of Pennsylvania
Edward N. Cahn Courthouse & Federal Building
504 W. Hamilton Street
Allentown, PA 18101
Re:
Marshall v. Prestamos CDFI, LLC, No. 5:21-cv-04337-JMG (E.D. Pa.)
Judge Gallagher:
Today, Blueacorn, via a sworn declaration, withdrew “certain objections [to
Prestamos’s Subpoena]” and agreed to produce additional documents, starting within
fourteen (14) days. Blueacorn authorized Prestamos to submit its declaration and cover
letter to the Court, and those documents are attached here as Exhibit A. Prestamos would
not object if the Court released Blueacorn from appearing tomorrow, subject to reserving
Prestamos’s rights to enforce the commitments in its declaration.
Evolve Bank & Trust provided Prestamos with a declaration, which is attached here
as Exhibit B. As we stated in yesterday’s letter, Evolve is in substantial compliance with
Prestamos’s subpoena and Prestamos does not oppose its request to be excused.
Respectfully,
/s/ Marcel S. Pratt
Marcel S. Pratt
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 1 of 10
EXHIBIT A
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 2 of 10
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 3 of 10
1
DECLARATION OF JOSHUA BUSBY
STATE OF TEXAS
COUNTY OF WILLIAMSON
I, Joshua Busby, declare as follows:
1.
I have personal knowledge of the matters set forth herein and, if called to testify,
could and would testify competently thereto under oath.
2.
I am the Director of Operations at BA PPP Fin, LLC d/b/a Blueacorn
(“Blueacorn”).
3.
Following a meet and confer session to address Blueacorn’s objections regarding
the breadth and burden of the Subpoena, on April 29, 2024, Prestamos CDFI, LLC (“Prestamos”)
provided Blueacorn with a sampling of SBA loan numbers in order for Blueacorn to determine if
it could, without undue burden, identify and produce the applicable loan application files for the
SBA loan numbers in question.
4.
Prestamos and Blueacorn have worked cooperatively to address Blueacorn’s
objections to the Subpoena, such that Blueacorn is able to withdraw certain objections and
produce additional documents.
5.
Blueacorn has determined that it can identify the applicable loan application files
in question without undue burden and estimates that it can produce relevant records using the
SBA loan numbers in question within fourteen (14) calendar days of provision by Prestamos of
the complete list of SBA loan application numbers.
6.
Blueacorn estimates that it can conduct a reasonable and diligent search for and
thereafter produce documents sufficient to show the corporate structure of Blueacorn within
fourteen (14) calendar days.
7.
Blueacorn estimates that it can conduct a reasonable and diligent search for and
thereafter produce documents concerning responsive procedures and policies within fourteen
(14) calendar days.
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 4 of 10
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I declare under penalty of perjury under the laws of the State of Texas that the foregoing
is true and correct.
Executed this 22nd of May 2024 in Hutto, Texas.
_________________________
Joshua Busby
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 5 of 10
EXHIBIT B
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 6 of 10
DMFIRM #412521831 v3
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALICIA MARSHALL, DANIEL PRONSKY,
PARIS TOWNSEND, NANCILEE HOLLAND,
LEONA OWSLEY, KOLAWOLE AHMADOU,
KIANA DERVIN, KRISTINA HENDERSON,
DUSTIN INNIS, KELLY STALNAKER,
JAMIE JONES, GEORGINA DREVNAK,
JOHN MARTIN, EZRA BEATTIE, GREGORY
LLOYD, ALYSHIA JOHNSON, LAMETRIA
MARVEL, GUY GRICHAR, JAHBRAEL
HORNE, ENOBONG ETUKNWA, and
SHARON BRADLEY SMITH, individually and
on behalf of all others similarly situated,
Plaintiffs,
v.
PRESTAMOS CDFI, LLC,
Defendant.
Civil Action No. 5:21-cv-04337-JMG
DECLARATION OF MARGARET GIBSON EVERETT
I, Margaret Gibson Everett, being duly sworn, do hereby depose and state as follows:
1.
I am employed by Evolve Bank & Trust (“Evolve”) as Assistant Vice President,
Legal Operations Administrator and Assistant Corporate Secretary.
2.
I have served in this role since 2020.
3.
In December 2023, in response to Prestamos’s request, Evolve provided ACH
rejection/return information associated with each of the then-eighteen named Plaintiffs (where
available) in Marshall v. Prestamos, 5:21-04337-JMG (E.D. Pa.) (“Marshall”), and Drevnak v.
Prestamos, 2:23-cv-02777-JMG (E.D. Pa.) (“Drevnak”).
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 7 of 10
DMFIRM #412521831 v3
2
4.
On February 20, 2024, Prestamos served a Subpoena to Produce Documents on
Evolve in Marshall and Drevnak (the “Evolve Subpoenas”) seeking any available ACH
rejection/return information for all Prestamos PPP loans as well as any documents related to the
Named Plaintiffs.
5.
On March 22, 2024, Evolve produced thirty-nine responsive documents to
Prestamos.
6.
On April 24, 2024, Evolve supplemented its March 22, 2024 production with an
additional five documents, for a total of forty-four responsive documents produced.
7.
In my capacity as Assistant Corporate Secretary, I have personal knowledge of
Evolve’s business filing records system.
8.
Pursuant to Rules 902(11) and 803(6) of the Federal Rules of Evidence, I hereby
certify that the documents provided in response to the Evolve Subpoenas: (a) were made at or near
the time of the occurrence of the matters set forth in the records, by, or from information
transmitted by, someone with knowledge of those matters; (b) were kept in the course of regularly
conducted business activity; and (c) were made pursuant to a regular practice of that business
activity.
9.
On May 21, 2024, in response to the Evolve Subpoenas, Evolve agreed to provide
Prestamos with any additional information it has about Named Plaintiffs’ accounts with Evolve
fintech partners.
10.
Evolve believes that, once this information is produced, it will have fully complied
with the Evolve Subpoenas.
11.
As such, Evolve respectfully requests that the Court excuse Evolve from any
obligation to appear at the May 23 Hearing.
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 8 of 10
DMFIRM #412521831 v3
3
12.
Evolve spoke with Prestamos on May 21, 2024, and Prestamos does not oppose
Evolve’s request.
13.
Evolve does not have employees in Pennsylvania who can speak to the matters that
will be discussed at the May 23 Hearing, and any appearance in person from Evolve’s employees
based in Memphis, Tennessee would come at significant cost and burden.
14.
Should the Court decide not to excuse Evolve from the May 23 Hearing, Evolve
respectfully requests that it be permitted to appear by videoconference or telephone.
I hereby declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing
is true and correct to the best of my knowledge.
May 22, 2024
Dated: __________________
Margaret Gibson Everett
Assistant Vice President, Legal Operations
Administrator and Assistant Corporate
Secretary
87907621.v1
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 9 of 10
CERTIFICATE OF SERVICE
I, Marcel Pratt, hereby certify that on the 22nd day of May 2024, I caused a true and
correct copy of the foregoing letter to be served on counsel of record for all Plaintiffs via the
Court’s ECF System. The letter is available for viewing and downloading from the ECF
System.
/s/ Marcel Pratt
Marcel Pratt
Case 5:21-cv-04337-JMG Document 120 Filed 05/22/24 Page 10 of 10File and source
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