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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

HENRY KLEYWEG,

CLAUDIA KLEYWEG,

Plaintiffs,

v.

BANK OF AMERICA, N.A., BAC HOME

LOANS SERVICING, LP,

Defendant.

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CASE NO. 2:14-cv-00138-JD-PRC

Removed from the Porter Superior Court for

the State of Indiana

Case No. 64D01-1403-PL-2699

REPORT OF PARTIES’ PLANNING MEETING

1. Planning Meeting.

Defendant, Bank of America, National Association, BAC Home Loans Servicing, LP1

(“BANA”) and Plaintiffs held a Planning Meeting under Federal Rule of Civil Procedure 26(f)

on July 2, 2014. Plaintiffs’ Counsel Blake Dahl participated for the Plaintiffs, and Defendant’s

counsel Alexander Will and Jacob Bradley participated for BANA.

2. Jurisdiction.

All Parties agree that this Court has subject matter jurisdiction over Plaintiffs’ claims

under the Fair Credit Reporting Act violations pursuant to 28 U.S.C. §§ 1331, 1441, and 1446.

3. Pre-Discovery Disclosures.

The parties will exchange, but may not file, Rule 26(a)(1) information by August 4,

1 BAC Home Loans Servicing, LP merged with and into Bank of America, N.A. on July1, 2011. As such, Bank of

America, N.A. responds on behalf of itself and BAC Home Loans Servicing, LP.

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2014.

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4. Discovery Plan.

a. Scope of Discovery

Plaintiffs

Plaintiff’s Discovery scope will include:

1. All facts, circumstances, documents, records, communications related to:

a. Plaintiffs’ loan and loan modification efforts;

b. Any and all communications of BANA with Plaintiff and BANA with any

thirds parties with regard to Plaintiffs;

c. Any and all records kept by BANA with regard to Plaintiffs and their loan;

d. BANA’s general lending practices, credit reporting practices, and internal

polices.

e. BANA’s record of compliance with HAMP terms as required by the US

Government;

f. BANA’s record of compliance with the FCRA and complaint data.

2. Any and all evidence which may support a finding of BANA’s intentional or

negligent conduct with regard to HAMP, FCRA, and Consumer Protection

Law violations; including but not limited to testimony and statements of

BANA employees, contractors, partners, joint business ventures, and the like.

Defendant – Bank of America

BANA’s Discovery scope will include:

1. All facts, circumstances, documents, records related to:

2 The court encourages setting all deadlines on business days.

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a. Plaintiffs’ loan and loan modification efforts;

b. Any and all communications of Plaintiffs with BANA; and

c. Any and all credit reports related to Plaintiffs’ loan.

2. Evidence of any and all damages Plaintiffs allege as a result of the alleged

actions of BANA in the Complaint.

b. Discovery Deadlines

Based on the proposed trial date, as set forth below, BANA proposes a discovery

completion date of February 15, 2015. Plaintiffs and BANA agree that the parties

must disclose the identity of any Rule 26(a)(2) witness and the witness’s written

report (if applicable):

a. October 20, 2014 – for Plaintiffs;

b. November 20, 2014 - for Defendants; and

c. December 15, 2014 - for Rule 26(e) supplements.

c. Discovery Limitations

All Parties agree to the following limitations on Discovery:

i. Maximum of 30 interrogatories by each party to any other party.

ii. Maximum of 25 requests for admission by each party to any other party.

iii. Maximum of 15 depositions by any party.

iv. Each deposition is limited to a maximum of 7 hours unless extended by

stipulation.

5. Other Items.

a. Plaintiffs and BANA agree that the last date the Plaintiffs may seek permission to

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join additional parties and to amend the pleadings is September 15, 2014.

b. Plaintiffs and BANA agree that the last date BANA may seek permission to join

additional parties and to amend the pleadings is October 15, 2014.

c. Based on the proposed trial date, as set forth below, BANA proposed a March 30,

2015 deadline for all potential dispositive motions.

d. The time to file Rule 26(a)(3) pretrial disclosures will be governed by separate

order. At this time, trial is expected to take approximately 3 days. Plaintiffs and

BANA assert the case should be ready for trial no sooner than August 2015.

6. Alternative Dispute Resolution.

The case’s settlement prospects may be enhanced via Mediation. However,

Plaintiffs and BANA have not agreed to mediate at this juncture.

Date: 07-07-2014

s/Blake N. Dahl s/Jacob V. Bradley

Counsel for Plaintiffs Attorney for Defendant,

Bank of America, N.A..

BT07586.0616308 4810-6177-1292v1

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