Gmac Bank v. Htfc Corp.

248 F.R.D. 182 (2008)

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Nature of the Case

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Facts

P administers residential mortgage loans, and HTFC Corp. (D) takes loan applications and sells residential mortgage loans to lenders, such as P. P and D entered into a contract for the sale of certain loans. P claims that D breached the contract by selling it certain loans that were improperly underwritten and not investment quality and refusing to repurchase them, as required by the contract. D asserts a counterclaim for tortious interference with contract based on P's allegedly improper administration of certain loans to D's clients. P sought to take the deposition of Aaron Wider, owner and chief executive officer of D. P claims that Wider's abusive conduct toward counsel, obstruction, and delay of the deposition proceedings, and failure to answer and evasive responses to questions propounded at the deposition, made it impossible complete the deposition. Wider engaged in hostile, uncivil, and vulgar conduct. He impeded, delayed, and frustrated a fair examination and he failed to answer and provided intentionally evasive answers to deposition questions. Wider's hostile, uncivil, and vulgar conduct persisted throughout the nearly 12 hours of deposition testimony. Wider used the word 'fuck' and variants thereof no less than 73 times. Wider's repeated references to himself as 'the professor' and a 'doctor of law,' and repeated expressions of his belief that counsel for P is a 'joke' and a 'fucking idiot.' Wider impeded the deposition by improperly interposing his objections, delayed the proceedings by providing unnecessarily protracted answers and repeatedly interrupting counsel for GMAC's questioning, and proudly expressed his intent to frustrate his examination. Wider stormed out of the deposition on several occasions and repeatedly forcing P to take breaks. From those transcripts that Wider was rude, disruptive, and argumentative is an understatement. Wider often refused to answer questions, and, when he did answer questions, provided intentionally uncooperative and long-winded answers to straightforward questions. A video recording of the deposition was made. P moved to compel Wider's deposition and for sanctions.