Case

Case 1:15-cv-00293-LTS-RWL
1:15-cv-00293-LTS-RWL Document
Document 425
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12/04/18 Page
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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

S&A CAPITAL PARlNERS, INC.,

MORTGAGE RESOLUTION SERVICING,
LLC; and 1ST FIDELITY LOAN No. 1 :15-cv-00293-LTS-RWL
SERVICING, LLC,
DECLARATION OF
Plaintiffs
ROBERTO L. DI MARCO
V.

JPMORGAN CHASE BANK, N.A.,

JP MORGAN CHASE & CO., and
CHASE HOME FINANCE LLC

Defendants.

DECLARATION OF ROBERTO L. DI MARCO

I, Roberto L. Di Marco, state that the following is true:

1. I am a partner in the law firm of Walker & Di Marco, PC.

2. I am licensed to practice before the state and federal courts of Massachusetts. I

have been admitted pro hac vice to practice before this court for this matter. I am an attorney in

good standing and my Massachusetts bar number is 645157.

3. I am one of the attorneys representing the Plaintiffs S&A CAPITAL PARlNERS,

INC., ("S&A"); MORTGAGE RESOLUTION SERVICING, LLC. ("MRS"); and 1ST

FIDELITY LOAN SERVICING, LLC, ("1 st Fidelity") (collectively "Plaintiffs" or "Schneider's

Entities") in the above captioned matter.

4. I have personal knowledge of the facts set forth in this Declaration, which I make
 Case
Case 1:15-cv-00293-LTS-RWL
1:15-cv-00293-LTS-RWL Document
Document 425
344 Filed
Filed 09/30/19
12/04/18 Page
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in order to place before the Court certain information and material relevant to Plaintiff MRS' s

Reply in support of its Motion for Partial Summary Judgment.

5. Attached hereto as Plaintiffs Exhibit 1 is a true and accurate copy of excerpts

from Laurence Schneider's depositions taken on July 28, 2017 and November 16, 2017.

6. Attached hereto as Plaintiffs Exhibit 2 is a true and accurate copy of a draft

contract between MRS and HSBS, produced in this litigation, Bates stamped JPMC-MRS-

00005337-00005363 .

7. Attached hereto as Plaintiffs Exhibit 3 is a true and accurate copy of a letter of

recommendation written to HSBS by Eddie Guerrero, dated January 4, 2009, and February 4,

2009, produced in this litigation, Bates stamped JPMC-MRS-00000507-00000508.

8. Attached hereto as Plaintiffs Exhibit 4 is a true and accurate copy of an email

produced in this litigation, Bates stamped JPMC-MRS-00000458-00000459, from Laurence

Schneider to Eddie Guerrero, dated October 8, 2008.

9. Attached hereto as Plaintiffs Exhibit 5 is a true and accurate copy of an email

produced in this litigation, Bates stamped JPMC-MRS-00000045, from Eddie Guerrero to

Laurence Schneider, dated June 11, 2008.

10. Attached hereto as Plaintiffs Exhibit 6 is a true and accurate copy of an email

produced in this litigation, Bates stamped JPMC-MRS-00006075-00006080, from Eddie

Guerrero to Laurence Schneider, dated August 28, 2008.

11. Attached hereto as Plaintiffs Exhibit 7 is a true and accurate copy of an email

produced in this litigation, Bates stamped JPMC-MRS-00000677-00000678, from Eddie

Guerrero to Laurence Schneider, dated September 5, 2008.

12. Attached hereto as Plaintiffs Exhibit 8 is a true and accurate copy of an email

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Case 1:15-cv-00293-LTS-RWL
1:15-cv-00293-LTS-RWL Document
Document 425
344 Filed
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12/04/18 Page
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produced in this litigation, Bates stamped JPMC-MRS-00006591-00006592, from Eddie

Guerrero to Laurence Schneider, dated November 14, 2008.

13. Attached hereto as Plaintiffs Exhibit 9 is a true and accurate copy of an email

produced in this litigation, Bates stamped JPMC-MRS-00006609-00006611 , from Eddie

Guerrero to Laurence Schneider, dated November 19, 2008.

14. Attached hereto as Plaintiffs Exhibit 10 is a true and accurate copy of an email

produced in this litigation, Bates stamped SA00256460, from Eddie Guerrero to Laurence

Schneider, dated May 19, 2009.

15. Attached hereto as Plaintiffs Exhibit 11 is a true and accurate copy of a bid letter,

produced in this litigation, Bates stamped JPMC-MRS-00005007-00005010, from Laurence

Schneider to Victor Fox, dated December 22, 2008.

16. Attached hereto as Plaintiffs Exhibit 12 is a true and correct copy of the

Declaration of Laurence Schneider, filed in this action at ECF 310.

17. Attached hereto as Plaintiffs Exhibit 13 is a true and accurate copy of an email

produced in this litigation, Bates stamped JPMC-MRS-00003098-00003101, from Eddie

Guerrero to Chad Paxton, dated November 5, 2008.

18. Attached hereto as Plaintiffs Exhibit 14 is a true and correct copy of the

Declaration of Laurence Schneider, filed in this action at ECF 262-3.

th
Signed under the pains and penalties of perjury this 4