Robinson v. Quicken Loans, Inc.
3:12-cv-00981
S.D.W. VaMay 10, 2013Background
- Robinson sues Quicken Loans, Inc. and Wells Fargo Bank, N.A. alleging a joint venture to push a high-interest home equity loan.
- In 2001, the HELOC Agreement was formed allowing Quicken to originate loans for Wells Fargo.
- Robinson obtained a 2003 loan through Quicken under the HELOC program.
- In June 2008 Wells Fargo sued Quicken for breach, asserting misrepresentations and seeking loan repurchases totaling about $4,047,000.
- Quicken counterclaimed that Wells Fargo created a stated-income program and assumed risk for profits; Wells Fargo allegedly demanded repurchases when values fell.
- After four months of litigation, the settlement was reached and the case dismissed on December 3, 2008; Robinson later sought production of the confidential settlement documents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the settlement documents are discoverable. | Plaintiff seeks documents to show joint venture and potential evidence affecting liability allocation. | Settlement papers do not illuminate joint venture or liability and are not relevant. | Denied; settlement documents are not relevant to plaintiff's claims or defenses. |
| Whether the settlement agreement could illuminate apportionment of liability. | Agreement may reveal who drove the defendants' business dealings. | Plaintiff's own pleadings and HELOC docs suffice; settlement would not aid apportionment. | Denied; document not helpful for apportionment given joint and several liability. |
| Whether the settlement could show willfulness or unconscionability. | Settlement could reveal willfulness/unconscionability and impeachment value. | Robinson's loan was not central to 2008 litigation; no evidence in agreement on those issues. | Denied; nothing in the settlement relates to willfulness or unconscionability or impeachment. |
| Whether the settlement is admissible evidence or should be produced under broad discovery. | Discovery is broad; settlement should be produced. | Discovery limited to claims and defenses; no need to produce settlement. | Denied; relevance is limited to the case and the settlement does not prove or affect the issues. |
Key Cases Cited
- Short v. Wells Fargo Bank Minnesota, N.A., 401 F. Supp. 2d 549 (S.D. W. Va. 2005) (joint venture liability and apportionment considerations for discovery)
