DISTRICT OF DELAWARE
`
JAMES M.KAMARA .;_
PLAINTIFF, _f. _
Z`? ··
T? F i` l
C.A. N0.0A»705JJF T
v. ?
MICHAEL FUNDING, LLC, A LIMITED LIABILITY
COMPANY OF TI-IE STATE OF NEw YORK,
DEFENDANT
PI.AII~ITII=I= JAMES M KAMARA MOTION TO COMPEL DEFENDANT
TO PRODUCE DOCUMENTS
COMES NOW THE PLAINTIFF, James M. Kamara , hereby request this Honorable court for an
Order compelling the Defendant ,MichaeI Funding LLC, to produce documents as requested in
the Plaintiffs REOUEST FOR PRODUCTION OF DOCUMENTS Dated December 19, 2005.
Together with an award of Plaintiffs legal fees of $ 500, 00 in connection with this motion.
The Plaintiff In support of this motion, states as follows:
1. On August 6, 2004 Plaintiff served the Defendant Michael Funding , Plaintiff ‘s
request for production of Documents. Defendant failed to produce the Documents.
2. On October 28, 2004 Plaintiff served the Defendant Michael Funding ,PIaintiff‘s
request for production of Documents. Defendant failed to produce the Documents.
3. On December 19,2005 Plaintiff served the Defendant Michael Funding , PIaintiff’ ’s
reguest for production of Documents. On March 1, 2008 Defendant Responded but failed
to produce the following documents that support my allegation that the loan violates
Federal and Banking laws governing the rate of interest on loan, discounts and purchasing
and Loan exceeds the permissible interest rate and loan has inliated acceleration fees that
violate federal laws in 12 U.S.C . 85, 2610 .
4. The Defendant’s refusal to provide the documents requested is a continued abused of our
legal system. All I am requesting is for the Defendant to produce all the loan documents
in their possession relating James M.l
Case 1:O4—cv-00705-JJF Document 43 Filed O4/25/2006 Page 2 of 4
January1,1996 to December 30, 2002.. Listed below are the documents in the Defendants
possession and refused to produce.
1. `The amount of the monthly payment based on the mortgage amount of $232,000 @ 16%
annum. Between J.M. Kamara or J.M.l
documents show that the rate quoted was 16%?
3. The agreement of sale
4. Copy of the check for the down payment
5. Copy of the Hazard Insurance
6. Sellers reafhrmation
7. Compliance/document correction agreement
8. Truth in lending disclosure statement
9. List of itemization of amount financed
10. Notihcation of undenrvriting approval and closing conditions
11. Loan application
12. Lenders certification
13. Borrowers certihcation & authorization
14. Borrowers Authorization to release information
15. Signature/Name Afhdavit
16. Tax information Authorization
17. Signature of tax payer on the loan
18. Form 8821 for corporation
19. Initial escrow account disclosure statement
20. Settlement statements
21. Interest rate and monthly payment statements
22. All documents evidencing any loan between Defendant in his individual capacity and Plaintiff.
23. All Documents and papers which Defendant which to introduce at trial.
24. All documents which Defendant intends to introduce at trial
25. All documents related to the Money Store case in the position of Defendant
26. All correspondence between Defendant James M.Kamara or J.M.l
27, All Documents related to foreclosure proceeding by Defendant against the Plaintiff.
28. All Documents evidencing payments for loan dated January 1,1996 to December 30, 2002,
Between James M. Kamara / J.M. Kamara Management Co., and the Defendant.
29. Any information including Names, Addresses and contact information of all the Defendants
witnesses.
30. Any information, Documents including Names, Addresses and contact information of all the
lawyers, and persons who the defendant have given information to relating to James
M.Kamara/ J, M, Kamara Management Co.
31. Names, addresses, positions and contact telephone numbers of all the Employees of Michael
Funding, LLC have had an involvement with loan process relating to James.
M.Kamara/J.M.l
Case 1:O4—cv-00705-JJF Document 43 Filed O4/25/2006 Page 3 of 4
32. Names of all that process any loan relating to James M.l
documents but the defendant refusal compel me to request this honorable court for an orderto
compel the Defendant .
WHEREFORE, Plaintiff respectfully requests that the court issue an order compelling Defendant to
produce the required Documents and to direct the Defendant to pay Plaintiffs legal fees$500.00
in connection with this motion.
_, 4 · . V' A
P.O.BOX 4421 SMYRNA DE 19977
302-632-6920
DATED : April 24, 2006
Case 1:O4—cv-00705-JJF Document 43 Filed O4/25/2006 Page 4 of 4
THE UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
JAMES M.KAMARA
PLAINTIFF,
C.A. N0.04-705JJF
V.
MICHAEL FUNDING, LLC, A LIMITED LIABILITY
COMPANY OF TI-IE STATE OF NEW YORK,
DEFENDANT
CERTIFICATE OF SERVICE
I, James M. Kamara, hereby certify that on the 25ih day of April 2006. A true copy was served
upon the defendant by the following means:
Prepaid postage
Michael Funding,|.|.C
C/O Michael W. Arrington, Esquire
800 King Street, Suite 203
Wilmington, DE 19801
-...,---T‘_iTT‘~Q"i*â€
_gJ__;_
/ â€
J S M.KAMARA
P.O.BOX 4 , SMYRNA DE 19977
302-632-6920
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