3:13-cv-01223-JFA Date Filed 08/04/16 Entry Number 63 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

UNITED STATES OF AMERICA,

THE STATES OF CALIFORNIA,
DELAWARE, FLORIDA, GEORGIA,
HAWAII, ILLINOIS, INDIANA, IOWA,
MASSACHUSETTS, MINNESOTA,
MONTANA, NEVADA, NEW JERSEY, MOTION FOR COMPLIANCE WITH
NEW MEXICO, NEW YORK, ORDER TO UNSEAL CASE AND
NORTH CAROLINA, RHODE ISLAND, ENTIRE DOCKET
TENNESSEE, VIRGINIA, AND
THE DISTRICT OF COLUMBIA,

Plaintiffs,
Civil Action No.: 3:13cv1223
Ex rel. LAURENCE SCHNEIDER,

Plaintiff-Relator,

v.

J.P. MORGAN CHASE BANK,

NATIONAL ASSOCIATION,
J.P.MORGAN CHASE & COMPANY;
AND CHASE HOME FINANCE, LLC,

Defendants.

Plaintiff-Relator Laurence Schneider moves this Honorable Court for an order

unsealing the remainder of the docket entries in this case and requesting any such

documents be transferred to the U.S. District Court for the District of Columbia as per

this Court’s orders of February 24, 2014 [DE: #42] and June 19, 2014 [DE: #58].

FACTUAL BACKGROUND

This action was originally filed on May 6, 2013 in the United States District Court

for the District of South Carolina, Columbia Division. On May 6, 2013, Plaintiff-Relator

filed a Motion to Seal the Case and on May 9, 2013, this Court entered a Sealed Order
 3:13-cv-01223-JFA Date Filed 08/04/16 Entry Number 63 Page 2 of 9

granting the Motion to Seal the Case until July 8, 2013. On July 12, 2013, the United

States’ filed an ex parte motion for an extension of the seal period. This Court granted a

six-month extension of the seal period to last until January 13, 2014. The United States

filed a second ex parte motion on November 1, 2013 for a partial lifting of the seal. This

Court ordered on November 5, 2013 that the seal be partially lifted to allow the United

States at its discretion to disclose to the defendants the existence of the case, a copy of the

complaint and information about the case and further ordered that all filings made

otherwise remain under seal until further order of this Court.

On February 24, 2014, this Court entered an Order to Unseal the Case, unsealing

the entire docket in the action. Specifically, this Court ordered that “[t]he complaint be

unsealed and immediately served upon the defendants by the relator,” “[t]he entire docket

in this action and all documents that have been filed in it be unsealed,” and that “[t]he

seal be lifted as to all other matters occurring in this action after the date of this order.”

[DE: #42, ¶1-3]. On June 19, 2014, this Court transferred this matter to the United States

District Court for the District of Columbia pursuant to 28 U.S.C. §1404(a). [DE: #58]. As

such, the Court transferred this matter to the United States District Court for the District

of Columbia for further proceedings and the case was transferred accordingly and added

to the docket as Case No. 1:14-cv-01047-RMC.

However, it appears that certain documents in this matter were not unsealed or

otherwise made available to the public as a result of this Court’s order on February 24,

2014. Reviewing the civil docket for this matter, there appear to be 58 docket entries that

were made while the case was pending in this Court. However, there are multiple missing

docket entries which, presumably, reflect documents, filings, and/or notations that should
 3:13-cv-01223-JFA Date Filed 08/04/16 Entry Number 63 Page 3 of 9

have been but were not unsealed as a result of this Court’s order. Specifically, there are

“missing” docket entries at docket entries 2, 7, 9, 10, 15, 17, 18, 19, 22, 23, 40, 46, 47,

50, and 55. Because this case and its filings were transferred, the same above-mentioned

docket entries are also missing from the civil docket for this case currently pending in the

United States District Court for the District of Columbia under Case No. 1:14-cv-01047-

RMC. (See Exhibit A).

Two federal district courts are currently reviewing the public portions of this

docket, those being the U.S. District Court for the District of Columbia and the U.S.

District Court for the Southern District of New York in case number 15-cv-00293-LTS-

JCF, a related action whereby the relator’s corporate entities have filed breach of

contract, tort and civil RICO actions against Defendants. To assist these courts in their

inquiry, Relator respectfully requests that this Court unseal the remaining portions of the

document and transfer them to the U.S. District Court for the District of Columbia.

Counsel for Relator has conferred with counsel for the United States who are

generally amenable to the relief sought in this motion.

ARGUMENT

In light of this Court’s February 24, 2014 order unsealing the case and directing

that all future filings be public, relator respectfully requests that the docket be amended to

restore the “missing” docket entries and publish them on the civil docket on the Public

Access to Court Electronic Records (PACER) system. Specifically, relator respectfully

requests that the missing docket entries which were entered prior to this Court’s Order on

February 24, 2014, including docket entries 2, 7, 9, 10, 15, 17, 18, 19, 22, 23, and 40 be
 3:13-cv-01223-JFA Date Filed 08/04/16 Entry Number 63 Page 4 of 9

restored in accordance with this Court’s Order that “[t]he entire docket in this action and

all documents that have been filed in it be unsealed.” [DE: #42 ¶2].

Similarly, Relator respectfully requests that this court restore those missing

docket entries which were entered after this Court’s Order on February 24, 2014 [DE:

#45]. As such, relator respectfully requests that missing docket entries 46, 47, 50, and 55

be unsealed and restored pursuant to this Court’s Order, which states in part, “[t]he seal

be lifted as to all other matters occurring in this action after the date of this order.” [DE:

#42 ¶3]. Further, to fully effectuate this Court’s order transferring this matter to the U.S.

District Court for the District of Columbia, relator respectfully requests that all “missing”

docket entries be unsealed as a result of such order be transferred to the U.S. District

Court for the District of Columbia. Furthermore, relator respectfully requests that counsel

of record for relator in the instant case and the case in the U.S. District Court for the

District of Columbia have access to any restricted or missing docket entries and filings in

order to ensure that all parties in this action are not prejudiced by incomplete information.

CONCLUSION

Having conferred with all parties appearing in this case and for the foregoing

reasons, Relator Laurence Schneider respectfully requests that this Court unseal any and

all “missing” docket entries and documents on the civil docket for this matter and transfer

same to the U.S. District Court for the District of Columbia.

3:13-cv-01223-JFA Date Filed 08/04/16 Entry Number 63 Page 5 of 9

This the 4th day of August, 2016.

Respectfully submitted,

s/ James M. Dedman, IV
James M. Dedman, IV (S.C. Fed. Bar #9939)
GALLIVAN, WHITE, & BOYD, P.A.
6805 Morrison Blvd., Suite 200
Charlotte, NC 28211
(704) 552-1712
(704) 362-4850 FAX
jdedman@gwblawfirm.com

Counsel for Plaintiff-Relator Laurence Schneider

 3:13-cv-01223-JFA Date Filed 08/04/16 Entry Number 63 Page 6 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

UNITED STATES OF AMERICA,

THE STATES OF CALIFORNIA,
DELAWARE, FLORIDA, GEORGIA,
HAWAII, ILLINOIS, INDIANA, IOWA,
MASSACHUSETTS, MINNESOTA,
MONTANA, NEVADA, NEW JERSEY,
NEW MEXICO, NEW YORK,
NORTH CAROLINA, RHODE ISLAND, CERTIFICATE OF SERVICE
TENNESSEE, VIRGINIA, AND
THE DISTRICT OF COLUMBIA,

Plaintiffs,

Ex rel. LAURENCE SCHNEIDER,

Plaintiff-Relator, Civil Action No.: 3:13cv1223

v.

J.P. MORGAN CHASE BANK,

NATIONAL ASSOCIATION,
J.P.MORGAN CHASE & COMPANY;
AND CHASE HOME FINANCE, LLC,

Defendants.

The undersigned hereby certifies that on August 4, 2016, he served a copy of the

Motion for Compliance With Order to Unseal Case and Entire Docket on all known

counsel of record by utilizing the Court’s ECF system and placing a copy in the United

States Mail, with due and proper postage affixed thereto and addressed as follows:
 3:13-cv-01223-JFA Date Filed 08/04/16 Entry Number 63 Page 7 of 9

Counsel for Plaintiff-Relator Justin Victor

MORGAN LEWIS & BOCKIUS LLP
Joseph Preston Strom , Jr 1701 Market St.
Mario A Pacella Philadelphia, PA 19103-2921
STROM LAW FIRM
2110 Beltline Boulevard, Suite A Stuart Grant
Columbia, SC 29204 GRANT & EISENHOFER P.A.
123 Justison Street
Joseph A. Black Wilmington, DE 19801
Daniel Eric Cohen
THE CULLEN LAW FIRM, P.L.L.C. Keith Singer
1101 30th Street, NW, Suite 300 1515 S. Federal Highway
Washington, DC 20007 Suite 211
Boca Raton, FL 33432
Brent S. Tantillo
Jennifer Martin Foster Counsel for Defendants
Roberto L. Di Marco
WALKER & DIMARCO, PC Robert D. Wick
350 Main Street, First Floor Christian J. Pistilli
Malden, MA 02148 Michael M. Maya
COVINGTON & BURLING, LLP
Richard Harpootlian One City Center
1410 Laurel Street 850 Tenth Street, NW
P.O. Box 1090 Washington, DC 20001
Columbia, SC 29202
Bart Daniel
Rueben Guttman 7 State Street,
GUTTMAN, BUSCHNER & BROOKS Charleston, SC 29401
PLLC
2000 P Street, NW Counsel for United States
Suite 300
Washington, D.C. 20036 Elizabeth C Warren
Frances C Trapp
James Sabella US ATTORNEYS OFFICE (COLA)
Jay Eisenhofer 1441 Main Street, Suite 500
GRANT & EISENHOFER P.A. Columbia, SC 29201
485 Lexington Avenue
New York, NY 10017 Brian P. Hudak
U.S. ATTORNEY'S OFFICE
Jonathan Kass Civil Division
LOWENSTEIN SANDLER LLP 555 Fourth Street, NW
1251 Avenue of the Americas Washington, DC 20530
New York, New York 10020
 3:13-cv-01223-JFA Date Filed 08/04/16 Entry Number 63 Page 8 of 9

William C. Edgar Michael S. Vincent

UNITED STATES DEPARTMENT OF STATE OF HAWAII DEPARTMENT
JUSTICE OF THE ATTORNEY GENERAL
Civil Division 425 Queen Street
Commercial Litigation Branch, Honolulu, HI 96813
Frauds Section
Patrick Henry Building, Room 1204 Malini Rao
601 D Street, N.W. OFFICE OF THE ILLINOIS
Washington, DC 20004 ATTORNEY GENERAL
100 W. Randolph Street, 13th Floor
Counsel for State’s Attorney Generals Chicago, IL 60601

Kenneth Sugarman David Paetzmann

CALIFORNIA DEPARTMENT OF Patricia Erdmann
JUSTICE Lisa Wolf
455 Golden Gate Avenue, Suite 11000 OFFICE OF THE INDIANA
San Francisco, CA 94102-7004 ATTORNEY GENERAL
302 West Washington Street
Edward Black Indiana Government Center South
DELAWARE OFFICE OF THE 5th Floor
ATTORNEY GENERAL Indianapolis, IN 46204
Carvel State Office Building
820 North French Street, 6th Floor William Robert Pearson
Wilmington, DE 19801 Jeffrey Thompson
IOWA DEPARTMENT OF JUSTICE
Jane Drummey 1305 E. Walnut Street, 2nd Floor
Irvin Daniel Des Moines, IO 50319
OFFICE OF ATTORNEY GENERAL
Public Advocacy Section Justin Lowe
441 Fourth Street, NW Gillian Feiner
Washington, DC 20001 OFFICE OF THE MASSACHUSETTS
ATTORNEY GENERAL
Russell Kent One Ashburton Place
William Foster Boston, MA 02108
OFFICE OF THE ATTORNEY
GENERAL STATE OF FLORIDA Scott Ikeda
The Capitol PL-01 Seth Dickey
Tallahassee, FL 32399 MINNESOTA ATTORNEY
GENERAL’S OFFICE
Samuel S. Olens 1100 Bremer Tower
Dan Walsh 445 Minnesota Street
DEPARTMENT OF LAW - STATE OF St. Paul, MN 55101
GEORGIA
40 Capitol Square, SW
Atlanta, GA 30334-1300
3:13-cv-01223-JFA Date Filed 08/04/16 Entry Number 63 Page 9 of 9

Chuck Robert Munson

Kelley Hubbard
Jim Malloy Jennifer Harrod
MONTANA DEPARTMENT OF B. Carrington Skinner IV
JUSTICE NORTH CAROLINA
555 Fuller Avenue DEPARTMENT OF JUSTICE
Helena, MT 59601 9001 Mail Service Center
Raleigh, NC 27699

C. Wayne Howle Jim Lee

Cassandra Joseph RHODE ISLAND DEPARTMENT OF
John McGlamery ATTORNEY GENERAL
STATE OF NEVADA ATTORNEY 150 South Main Street
GENERAL’S OFFICE Providence, RI 02903
100 North Carson Street
Carson City, NV 89701 Lyndsay Sanders
STATE OF TENNESSEE
Janine Matton ATTORNEY GENERAL
Joan Karn P.O. Box 20207
Lorena Salzmann Nashville, TN 37202
OFFICE OF THE NEW JERSEY
ATTORNEY GENERAL
124 Halsey Street, 5th Floor David B. Irvin
P.O. Box 45029 Wesley G. Russell, Jr.
Newark, NJ 07102 George William Norris
OFFICE OF VIRGINIA ATTORNEY
Seth Cohen GENERAL
OFFICE OF NEW MEXICO Antitrust and Consumer Litigation
ATTORNEY GENERAL Section
P.O. Drawer 1508 900 East Main Street
Sante Fe, NM 87504 Richmond, VA 23219

Sujata Tanikella Interested Party

Inayet Hamani
Randall Fox Lynn Szymoniak
OFFICE OF THE NEW YORK 4371 Northlake Blvd., #182
ATTORNEY GENERAL Palm Beach Gardens, FL 33410
120 Broadway
New York, NY 12071

s/ James M. Dedman, IV
James M. Dedman, IV