Wells Fargo Bank, N.A. v. Spencer

• Court: Superior Court of Maine
• Decided: February 5, 2020
• Docket: CUMre-17-198
• Status: Unpublished

Opinion

\ STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. CIVIL ACTION DOCKET NO. RE-17-198

WELLS FARGO BANK, N.A. AS ) TRUSTEE FOR OPTION ONE ) MORTGAGE LOAN TRUST 2000-B, ) ASSET-BACKED CERTIFICATES, ) SERIES 2000-B ) ) Plaintiff, ) v. ) ORDER PLAINTIFF'S ) MOTION IN LIMINE MARY A. SPENCER AKA MARY ) SPENCER AKA POLLY SPENCER ) ) Defendant ) and ) TITLE TO REAL ESTATE ) INVOLVED DANALODGECONDOMINUM ) ASSOCIATION ) ) Party in Interest. )

Before the Court is Plaintiff, Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2000-B, Asset-Backed Certificates, Series 2000-B' s Motion in Limine seeking to admit into evidence a certain record pursuant to M.R. Evid. 803(6) and 902(11). To the extent the information and figures integrated into the record were created by a third party, and seek to be admitted for its truth, the affiant must demonstrate "sufficient knowledge of both businesses' regular practices to demonstrate the reliability and trustworthiness of the information" therein. KeyBank Nat'l Ass'n v. Estate of Quint, 2017 ME 237, '][ 13, 176 A.3d. On January 22, 2020, this Court granted Plaintiff's Motion without hearing or receipt of a timely opposition. Having received and considered Defendant's Opposition, the Court hereby vacates its previous order. Because further witness testimnny is reqoi,ed Plaintiff's Motion is he,eby DENIEDJ

Dated: c:)_ /~/JOJO r--; 7y ~~~~-- 1 --1-!.'.,.L./i~· y Kennedy, Justice N,[fu.n Superior Court l

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For Plaintiff: Loraine Hite, Esq.; Todd Riclmrd Ketcham, For Defendant: Neil S. Shankman, Esq. Esq.; Gregory Braun, Esq. & Tristan Birkenmeier, Esq. for PIT Dana Lodge: vVilliam Leete, Esq.