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 MORGAN TITLE 

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 THURSDAY, January 

11, 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 MORGAN 

TITLE 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 

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

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 MORGAN TITLE 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 MORGAN TITLE identify the 

individual(s) to be proffered and the subject matter known or reasonably available to MORGAN 

TITLE for which each witness proffered. 

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

(5) general categories. Each category may require MORGAN TITLE to proffer more than one 

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

TITLE 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: 

Loan Officer: Is intended to include that category of employee and/or independent 

contractor which has as part of his or her responsibilities the origination of mortgage loans. 

Other names that you may use are loan representative, account executive, customer service 

representative, etc. 

Instructions: 

Plaintiff limit their 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 closing and disbursements of Plaintiff’s mortgage loan. 

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

training; management review and monitoring of employees; and, supervision of 

employees related to closing and disbursing mortgage loans. 

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

closing, funding and disbursement of mortgage loans. 

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

monitoring and supervision of compliance with state and federal laws including TILA, 

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

statutes. 

E. This Defendant’s complaint, lawsuit, and regulatory history; your company and 

principles affiliations; and, your licensing and approval history and status. 

REQUESTS FOR PRODUCTION OF DOCUMENTS AND TESTIMONY

A. Closing and disbursement 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 closing documents purportedly executed by the Plaintiff, 

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

documents required such. 

3. Produce all call logs that were generated as part of Plaintiff’s mortgage loan. 

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4. Produce and provide testimony about all documents provided to Plaintiff at the 

closing of the mortgage loan. 

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

Plaintiff at closing that informed Plaintiff of the terms of his mortgage loan. 

6. 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 received; 

c. The attendees at the closing and their function; 

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

Plaintiff; and, 

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

documents and the closing of the loan. 

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

staffing, management review and monitoring, and supervision related to closing and 

disbursement of loans

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

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

employees and contractors, by whatever name known including but not limited to 

those employees assigned to close mortgage loans.

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

and training of the closing agent who closed Plaintiff’s loan. 

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

you, Plaintiff, Premier Mortgage, or OPTION ONE 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, 

provide specific dates of each together with the individual names and addresses of 

each sender and recipient. 

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

disbursement of loans

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

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

and disbursing of loans that you close. This request seeks QC programs and 

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Case 2:06-cv-00630-ID-TFM Document 14 Filed 11/27/2006 Page 4 of 7
reports that monitor and report the compliance of loan closers with your own rules 

and procedures, the rules and guidelines required by PREMIER MORTGAGE 

and OPTION ONE, as well as with any rules, laws, statutes, or regulations 

imposed by any governmental agency, legislature, and other law making body. 

11. Produce all QC reports on Alabama mortgage loans closed by you for a period of 

five (5) years next preceding the date of Plaintiff’s closing. This request includes 

but is not limited to those loans originated or funded by OPTION ONE and/or 

PREMIER MORTGAGE. 

12. 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. 

13. 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. 

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

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

by OPTION ONE and/or PREMIER MORTGAGE. 

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

mortgage loan you closed within the State of Alabama for the five (5) years next 

preceding the date of Plaintiff’s 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

16. 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 closing and disbursement of mortgage loans. 

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

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

employees and external agents. 

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

you use to monitor or review the compliance of closing agents with your policies. 

Produce specifically any and all report forms that evidence the reporting format of 

such a review or monitoring system. 

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Case 2:06-cv-00630-ID-TFM Document 14 Filed 11/27/2006 Page 5 of 7
E. This Defendant’s complaint, lawsuit, and regulatory history; your company and 

principles affiliations; and, your licensing and approval history and status. 

19. 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, HUD, the FHA, 

the Federal Trade Commission, the U. S. Senate or any subcommittee thereof, any 

and all community action groups.

20. 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 your mortgage closing 

activities.

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

PREMIER MORTGAGE and OPTION ONE.

22. Testimony and documents regarding all licenses and approval you hold or have 

held including but not limited to those licenses and approval granted by the State 

of Alabama Department.

23. Testimony and documents regarding each and every lawsuit in which you or your 

principles and/or employees have been named as a defendant and in which the 

allegations within the complaint included allegations of fraud, concealment, 

negligence, and/or violation of any federal statute or regulation in the closing of 

mortgage loans.

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 

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: 

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Case 2:06-cv-00630-ID-TFM Document 14 Filed 11/27/2006 Page 6 of 7
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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