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In their Motion to Approve Use of Statistical Sampling (Doc. 154, Sampling Mot.), Plaintiffs Residential Funding Company, LLC, and the Res Cap Liquidating Trust (collectively “RFC”) seek an order in limine approving their proposed sampling methodology to determine a breach rate for groups of loans sold to RFC by the Defendants in 23 cases where the total number of loans exceeded 500 in an individual case. After the loans in the sample are re-underwritten to determine whether any representations and warranties made by a defendant were breached, Dr. Snow’s declaration, in its memorandum in support of the instant motion, RFC requests the following relief: The Court should (i) hold that Plaintiffs may attempt to establish liability and determine damages by use of a statistically valid random sample of loans in substantially the manner set forth in the declaration of Dr. Snow submitted with plaintiffs’ motion; and (ii) admit into evidence the expert testimony of Dr. Snow regarding statistical sampling pursuant to Federal Rule of Evidence 702. Snow’s method of determining breach rate through statistical sampling to establish liability or damages until the Court knows the use for which this evidence is to be put and until Defendants have the opportunity to object to its admission. 13, 2015) (“Resolving the sampling methodology and sample selection now will substantially aid in the prompt and efficient administration of these cases without prejudicing the parties’ rights.”) At the hearing on March 31, 2015, Defendants’ counsel stated that Defendants did not object to the substance of RFC’s alternative proposal so long as it was made clear that Defendants maintained their right to challenge various ways in which the sampling protocol is implemented and applied. 154), is GRANTED IN PART, and DENIED IN PART WITHOUT PREJUDICE as further stated below. Karl Snow, has designed a sampling protocol that is described in his expert declaration submitted in support of this motion. He will then conduct statistical tests to confirm the representatives of the sample. Accordingly, Defendants argue that the Court should not rule on whether RFC may use Dr. The parties are ordered to meet and confer and to submit to the Court two (2) days before the status conference on April 24, 2015, their proposal(s) for a statistical sampling disclosure schedule including the nature of timing of disclosures and objections. The Court will add a statistical sampling disclosure schedule to the case management order in this case. 10, 2015 Order in In re Residential Capital, LLC, No. [1] Defense counsel stated that: “If the question is whether drawing 150 loan sample from a population at random will . 13-cv-3474 (JNE/TNL) Residential Funding Company, LLC v. 13-cv-3475 (RHK/HB) Residential Funding Company, LLC and Res Cap Liquidating Trust v. The establishment of a statistical sampling disclosure schedule will assist the parties and the Court in managing such discovery in this very complex litigation. 13-cv-3485 (SRN/TNL) Residential Funding Company, LLC and Res Cap Liquidating Trust v. A., as successor in interest to National City Mortgage Co., NCMC Newco, Inc., and North Central Financial Corporation. 13-cv-3498 (JRT/BRT) Residential Funding Company, LLC v. 13-cv-3506 (JNE/SER) Residential Funding Company, LLC v. 13-cv-3509 (PAM/HB) Residential Funding Company, LLC and Res Cap Liquidating Trust v. 13-cv-3519 (SRN/JSM) Residential Funding Company, LLC v. 13-cv-3521 (ADM/LIB) Residential Funding Company, LLC v. RFC, in turn, will seek to discover a similar array of information from the Defendants. Snow’s declaration, or (c) are based on information not set forth in the Sampling Protocol in Dr. Snow’s declaration, (b) differ in any way from the statements set forth in the Sampling Protocol in Dr.

[2] This Court will not make any determination at this stage of the case about whether — or how — RFC may use statistical sampling at trial. Snow will not be challenged on the grounds that he is not qualified as an expert on statistical sampling (which Defendants have not challenged), and a determination that Dr. 88 at 3 (“Plaintiffs apparently hope to obtain an early ruling on this issue in order to limit the scope of discovery”), with Pls.’ Mem. If relevant to RFC’s theories of liability and damages, the breach rate may be admissible (assuming the methodology was properly applied) and may be accorded such weight as appropriate. Snow’s proposed analysis is not relevant because in order to recover, RFC must prove that there were specific loans backing a particular securitization that breached the contractual representations and warranties, and that those breaches caused loss through the settlement of a claim arising out of that securitization. In Re: RFC and Res Cap Liquidating Trust Litigation This document relates to: Residential Company, LLC v. 13-cv-3450 (MJD/FLN) Residential Funding Company, LLC and Res Cap Liquidating Trust v. This Court recognizes that three judges in this District decided that RFC’s motions for an order on the admissibility of the sampling protocol were premature and denied the motions without prejudice in individual cases before these matters were consolidated for pretrial administration. 13-cv-3468 (JRT/JJK) Residential Funding Company, LLC and Res Cap Liquidating Trust v. The Court will manage the statistical sampling process by requiring the parties to exchange information on a statistical sampling disclosure schedule described below. To the extent RFC seeks any further early Daubert or admissibility ruling, as it did when it initially filed its sampling motion, the sampling motion is denied without prejudice. 66 ¶¶ 16-17.) THEREFORE, IT IS HEREBY ORDERED THAT: Plaintiffs’ Motion to Approve Use of Statistical Sampling [Doc. 154] is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE, as set forth herein. allow you to say that whatever result applies to the — that population as a whole with a 95 percent confidence level at a maximum plus or minus 8 percent margin of error, then the answer is, yes, we don’t disagree with that.” (Doc.

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