IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

ELRICK HARRIS; ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) Civil Action No.: 2:06cv630-ID 

 ) 

OPTION ONE MORTGAGE CORP., et al. ) (JURY TRIAL DEMANDED) 

 ) 

 Defendants. ) 

NOTICE OF TAKING VIDEO 30(b)(6) DEPOSITION

&

30(b)(5) DOCUMENT REQUEST

PLEASE TAKE NOTICE that, pursuant to Rules 30(b)(5)&(6) and 34, of the Federal 

Rules of Civil Procedure, Plaintiff will take the deposition of Defendant OPTION ONE 

MORTGAGE CORPORATION upon oral examination before an officer authorized by law to 

administer oaths. Pursuant to Rule 30(b)(2) of the Federal Rules of Civil Procedure said 

deposition will be recorded by an authorized stenographer and videotaped. 

Said deposition shall commence at 10:00 A.M. Local Time, on TUESDAY, January 9, 

2007, at a location of mutual agreement between the parties, and shall continue and/or be 

resumed from time to time thereafter until same is completed. 

Pursuant to Rule 30(b)(5) of the Federal Rules of Civil Procedure, Plaintiff includes 

herewith document requests pursuant to Rule 34 of the Federal Rules of Civil Procedure. 

Although included with, and as a part of this deposition notice, Plaintiff requests that OPTION 

ONE produce the documents requested in accordance with the Federal Rules and in compliance 

with the Parties agreement as memorialized in their Report of Planning Meeting filed with the 

court, and any subsequent Orders emanating therefrom. That is, said documents are to be 

produced no later than thirty (30) days from the date of service of this notice and document 

request. Plaintiff’s counsel reserves the right to review all documents produced on the day of the 

deposition prior to commencement of testimony regardless of the time stated herein for the start 

of said deposition. The reasonable time expended by Plaintiff’s counsel reviewing documents 

produced the day of the noticed deposition shall not be subtracted from the total time allowed per 

Case 2:06-cv-00630-ID-TFM Document 12 Filed 11/27/2006 Page 1 of 8
deposition as set forth in the Report of Planning Meeting filed with the court, and any subsequent 

Orders emanating therefrom. 

Plaintiff further requests, pursuant to Rule 30(b)(6), that OPTION ONE produce for 

deposition a witness, or multiple witnesses, knowledgeable and capable of providing substantive

testimony about the documents and item categories requested below. No less than five (5) days 

prior to the date of the deposition, Plaintiff request that OPTION ONE identify the individual(s) 

to be proffered and the subject matter known or reasonably available to OPTION ONE for which 

each witness proffered. 

Plaintiff’s detailed requests for documents and testimony below are subdivided into four 

(4) general categories. Each category may require OPTION ONE to proffer more than one 

witness in order to comply with the Rules identified above. Plaintiff does not expect OPTION 

ONE to produce in duplicate those documents previously produced pursuant to the required 

Initial Disclosures and/or any other discovery previously propounded by Plaintiff. 

Definitions: 

The following definitions are intended to explain and narrow the requests below. 

Nothing within these definitions is intended to expand or change the normal, usual or customary 

meaning of any word or phrase. The intent of these definitions is to include mortgage lending 

terminology that may vary between lenders: 

Broker: Is intended to include that category of loan originator such as Premier which

submits mortgage loan applications to you for underwriting, and/or sells or assigns mortgage 

loans to you. Other names that you may use for this category of entity or individual may include

but not be limited to: Loan correspondent; wholesaler; retailer; originator; loan representative; 

loan client representative; direct endorsement lender; etc. 

Instructions: 

Plaintiff limits his inquiry in time and scope to the state of Alabama, and for a period of 

five (5) years next preceding the date Plaintiff’s original 1003 application was obtained. 

Any objections made to the production of documents or testimony requested below on 

the basis of confidentiality, privilege, work product, propriety information, trade secrets, privacy 

laws, or other grounds, should be stated precisely, with particularity, supported by authority and 

in sufficient detail to allow Plaintiff to formulate a response. Said objections, if any, shall be 

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accompanied by a complete and descriptive log of each and every document or thing subject to

your objection. 

Where the following requests seek original documents, Plaintiff request that said 

originals, bearing original signatures, endorsements, and/or stamps, be produced at the 

deposition. Copies of those originals should be produced in advance of the deposition in

accordance with Rules 34 and 30(b)(5) in order to expedite the depositions. However, prior 

production of copies does not satisfy the request for that the original documents be made 

available at deposition. 

GENERAL AREAS OF INQUIRY

A. The origination, processing, underwriting, approval, closing, funding, disbursements,

servicing, assignment, purchase or sale of Plaintiff’s mortgage loan. 

B. This Defendant’s standard operating procedures in the areas of: Employee selection and 

training; broker selection and training; departmental staffing; management review and 

monitoring of employees and brokers; and, supervision of employees and brokers related 

to originating, processing, underwriting, approving, closing, funding, disbursement, 

servicing, and assignment of mortgage loans. 

C. This Defendant’s quality control programs that include review and/or monitoring of the: 

Originating, processing, underwriting, approving, closing, funding, disbursement, and 

servicing of mortgage loans; and, property appraisals. 

D. This Defendant’s standard operating procedures, training, staffing, management review, 

monitoring and supervision of compliance with state and federal lending laws including 

TILA, RESPA, ECOA, state predatory lending laws, and state unlawful or deceptive 

practices statutes. 

REQUESTS FOR PRODUCTION OF DOCUMENTS AND TESTIMONY

A. Origination, processing, underwriting, approval, closing, funding, disbursements, 

servicing, purchase, assignment or sale of Plaintiff’s loan

1. Testimony and documents regarding all components and documents which are 

included in your files regarding Plaintiff’s mortgage loan. 

2. Produce the original, handwritten 1003 application(s) purportedly executed by 

the Plaintiff. 

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3. Produce the original closing documents purportedly executed by the Plaintiff, 

including the originals of any documents bearing a notary seal where the 

documents required such. 

4. Produce all call logs that were generated as part of Plaintiff’s application(s),

file(s) or servicing of her account(s). 

5. Produce and provide testimony about all documents provided to Plaintiff prior to 

the closing of the mortgage loan. 

6. Provide testimony and documents about the processing and underwriting of 

Plaintiff’s mortgage loan including but not limited to: 

a. All information gathered and when; 

b. All decisions made and when, and by whom; 

c. The mathematical calculations performed to arrive at the pre-closing

starting rate, origination fees, administration fees, document fees, 

prepayment penalties, property values, loan to value, and discount points

reported on any Good Faith Estimate and Preliminary Truth in Lending 

Disclosure Statement provided to Plaintiff prior to the loan being closed; 

d. Any and all information relied upon to create any Good Faith Estimate and 

Preliminary Truth in Lending Disclosure Statement provided to Plaintiff 

prior to the loan being closed; 

e. Any and all information relied upon to change any and all terms from 

those disclosed in any Good Faith Estimate and Preliminary Truth in 

Lending Disclosure Statement provided to Plaintiff prior to the loan being 

closed; and, 

7. Provide testimony and documents regarding each and every disclosure made to 

Plaintiff prior to closing that informed Plaintiff of the terms of the mortgage loan. 

8. Provide testimony regarding the closing of the loan including but not limited to: 

a. The name, address, qualifications, and compensation of the closing agent,

including the names of any bar associations to which he/she belongs; 

b. Any and all closing instructions you provided; 

c. Details regarding the preparation of each closing document executed by

Plaintiff; and, 

d. Any and all costs charged to the Plaintiff for the preparation of any such 

documents and the closing of the loan. 

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9. Produce documents and testimony that detail the purchase, sale or assignment of 

Plaintiff’s loan or Note including but not limited to: 

a. Transfer or assignment documents; 

b. All daily rate sheets provided by you to Premier for the period between the

dates the original 1003 was prepared and/or executed by the Plaintiff, and 

closing; 

c. All contracts and/or correspondent lender agreements between you and 

Premier; 

d. Any and all manuals, procedures, directives, guidelines, criteria, or other 

instructions provided by you to Premier which informed or instructed 

Premier as to your processing or underwriting requirements; and, 

e. All performance and default reports exchanged between you and Premier. 

B. Standard operating procedures, employee and broker selection and training, 

departmental staffing, management review and monitoring, and supervision related 

to originating, processing, underwriting, approving, closing, funding, disbursement,

servicing, and assignment of loans

10. Produce testimony and documents regarding the retaining, contracting with, 

hiring, training, monitoring, reviewing, compensation, and supervising of

processors, underwriters, quality control employees and contractors, regional 

managers, and other employees by whatever name known including but not 

limited to those employees assigned to identify, evaluate, investigate, retain and 

monitor closing agents, loan brokers, and appraisers. 

11. Produce testimony and documents regarding the identity, addresses, experience 

and training of the loan officer(s), processor(s), and underwriter(s) which 

participated in Plaintiff’s loan. 

12. Provide testimony and documents that describe each step or function a processor 

is required to perform in the processing of each loan application, describing in 

detail the flow chart of events. 

13. Provide testimony and documents that describe each step or function an 

underwriter is required to perform in the underwriting of each loan application,

describing in detail the flow chart of events. 

14. Provide testimony and documents that detail any and all communications between 

you and the closing or title agent, Plaintiff, or Premier related to Plaintiff’s loan. 

This request includes but is not limited to those communications which were

conducted by the use of the U.S. Mail, the Internet, interstate telephone calls, or 

wire transfer. For each communication or transfer of information, data, or money, 

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Case 2:06-cv-00630-ID-TFM Document 12 Filed 11/27/2006 Page 5 of 8
provide specific dates of each together with the individual names and addresses of 

each sender and recipient. 

15. Provide testimony and documents which comprise your entire due diligence, 

contract, quality control, and financial files on Premier. 

C. Quality control programs that include review and/or monitoring of the originating, 

processing, underwriting, approving, closing, funding, disbursement, and servicing 

of loans

16. Provide testimony and documents regarding any and all quality control (QC) 

programs you have in place to review the quality and compliance of the 

origination, processing, and underwriting of loans that you fund and/or purchase.

This request seeks QC programs and reports that monitor and report the 

compliance of loan originators with your own rules and procedures, as well as 

with any rules, laws, statutes, or regulations imposed by any governmental 

agency, legislature, and other law making body. 

17. Produce all QC reports on Alabama mortgage loans originated by you, or 

originated by a broker which you processed, funded and/or purchased; for a 

period of five (5) years next preceding the date of Plaintiff’s initial 1003

application. This request includes but is not limited to those loans originated by

Premier. 

18. Produce testimony and documents regarding any and all outsourcing of the 

quality control function including the name and location of the vendor, the 

guidelines you provide, the reporting procedure followed, and the percentage of 

loans they review. 

19. Testimony and documents regarding any and all quality control reviews, reunderwrites, re-processing reports, broker’s price opinions, and/or other review 

performed on Plaintiff’s loan. 

20. Testimony and documents that explain any and all quality control requirements, 

reports, summaries, guidelines, mandates, results, or other direction given by you 

to Premier. 

21. Produce a complete list of the names and property addresses for each and every 

mortgage loan you funded or purchased within the State of Alabama for the five 

(5) years next preceding the date of Plaintiff loan. 

D. Standard operating procedures, training, staffing, management review, and 

supervision related to compliance with state and federal lending laws including 

TILA, RESPA, ECOA, state predatory lending laws, and state deceptive or 

unlawful practices statutes

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Case 2:06-cv-00630-ID-TFM Document 12 Filed 11/27/2006 Page 6 of 8
22. Testimony and documents that describe the systems, procedures, and personnel, 

you use to ensure compliance with TILA, the Fair Credit Reporting Act, RESPA, 

and the ECOA, in the originating, processing, underwriting, closing, and funding 

of mortgage loans. 

23. Testimony and documents that describe the systems, procedures, and personnel, 

you use to communicate your policies to loan originators including your own 

employees and external loan brokers, processors, underwriters, and closing 

agents. 

24. Testimony and documents that describe the systems, procedures, and personnel, 

you use to monitor or review the compliance of loan originators, processors, 

underwriters, and closing agents with your policies. Produce specifically any and 

all report forms that evidence the reporting format of such a review or monitoring 

system.

25. Testimony and documents regarding any and all complaints, orders, 

investigations, and/or consent orders you have received, been the subject of, or

entered into with regard to your mortgage lending practices. This requests 

includes but is not limited to any such matters involving any government agency 

or body including but not limited any State Attorney Generals, the Federal Trade 

Commission, the U. S. Senate or any subcommittee thereof, any and all

community action groups including but not limited to ACORN, and, any private 

class action lawsuits.

26. Testimony and documents regarding any and all complaints, orders, 

investigations, and/or consent orders you have received, been the subject of, 

instigated, conducted or entered into with regard to Premier.

27. Testimony and documents regarding the current status of your relationship with 

Premier.

Respectfully Submitted, 

/s/ Robert E. Kirby, Jr. 

ROBERT E. KIRBY, JR. (KIR013) 

Attorney for Plaintiff 

SMITH, HANSON & KIRBY, LLC 

4401 Gary Ave. 

Fairfield, AL 35064 

Telephone: (205) 786-3775 

Fax: (205) 780-8540 

Email: bekatty@bellsouth.net 

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Case 2:06-cv-00630-ID-TFM Document 12 Filed 11/27/2006 Page 7 of 8
CERTIFICATE OF SERVICE

I hereby certify that on November 27, 2006, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system which will send notification of such filing to the

following: 

Counsel of Record: 

Stephen A. Walsh, Esq. stephen.walsh@arlaw.com

Richard H. Allen, Esq. rha@chlaw.com

roxie@chlaw.com

carolz@chlaw.com

Chad W. Bryan, Esq. cwb@chlaw.com

melissa@chlaw.com

roxie@chlaw.com

Benjamin J. Espy, Esq. bespy@mewlegal.com

Joseph C. Espy , III, Esq. jespy@mewlegal.com

clucas@mewlegal.com

/s/ Robert E. Kirby, Jr. 

Of Counsel 

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