IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

ELRICK HARRIS; )

)

)

Plaintiff, )

)

v. ) CIVIL ACTION NUMBER:

)

OPTION ONE MORTGAGE ) 2:06-cv-630-ID

CORPORATION; H&R BLOCK )

MORTGAGE CORPORATION; )

PREMIER MORTGAGE )

FUNDING, INC.; and MORGAN )

TITLE SERVICE, LLC; )

)

Defendants. )

REPORT OF THE PARTIES' PLANNING MEETING

1. Pursuant to Federal Rule of Civil Procedure 26(f) and Local 

Rule 26.1(d), the parties held a planning meeting on September 20, 2006. The 

following parties participated through counsel: Robert F. Kirby, Jr. for 

Plaintiff Elrick Harris; Richard H. Allen for Defendant Premier Mortgage 

Funding, Inc.; and Stephen A. Walsh for Defendants Option One Mortgage 

Corporation and H&R Block Mortgage Corporation.

2. Pre-Discovery Disclosures. The parties will exchange by 

October 15, 2006, the information required under Fed.R.Civ.P. 26(a)(1) and 

Local Rule 26.1.

3. Discovery Plan. Discovery will be needed on the following 

subjects: Plaintiff's claims and damages and Defendants' defenses. Plaintiff 

claims that Defendants violated certain disclosure requirements mandated by

federal banking law and that such failures to disclose also constitute certain 

torts under Alabama law. Defendants contend that their conduct did not violate 

any federal statutory standards or common law standards of care and that 

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Plaintiff has no injuries or damages properly attributable to or proximately 

caused by Defendants. The parties hereto jointly propose to the Court the 

following discovery plan:

All discovery must be commenced in time to be completed by 

May 31, 2007.

Each party may propound a maximum of 40 interrogatories and 

40 requests for production of documents to any other party. 

Responses to be due as required by Federal Rule of Civil 

Procedure 33.

Each party may propound a maximum of 40 requests for 

admission to any other party. Responses to be due as required by 

Federal Rule of Civil Procedure 36.

Maximum of 7 depositions by Plaintiff and 7 by each Defendant. 

Depositions are limited, as required by the Federal Rules of Civil 

Procedure.

Reports from retained experts under Federal Rule of Civil 

Procedure 26(a)(2) due not later than:

Plaintiff: March 6, 2007.

Defendants: April 4, 2007.

Supplementation of discovery under Federal Rule of Civil 

Procedure 26(e) due by May 31, 2007, and at any time thereafter 

until trial.

4. Conferences with the Court. The parties do not request a conference 

with the Court prior to entry of a scheduling order; however, the parties 

request a pretrial conference in July 2007.

5. Additional Deadlines. The parties jointly propose the following 

additional deadlines:

Plaintiff may join additional parties or otherwise amend his 

pleadings until November 15, 2006.

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Defendants may join additional parties or otherwise amend their 

pleadings until December 15, 2006.

Potentially dispositive motions may be filed at any time on or 

before June 30, 2007.

Final witness and exhibit lists under Federal Rule of Civil 

Procedure 26(a)(3) are due 30 days before the date set by the 

Court for commencement of trial. Parties have 10 days after 

service of final lists of witnesses and exhibits to submit objections 

thereto.

This case should be ready for trial by July 2007, and at this time 

the parties expect trial to last 3-4 days.

6. Settlement. The parties have discussed the possibility of settlement, and 

believe that some discovery is necessary prior to submitting a formal 

evaluation thereof to the Court.

Submitted this 21st day of September, 2006.

/s/ Robert F. Kirby

One of the Attorneys for Plaintiff

Elrick Harris

OF COUNSEL:

Robert F. Kirby, Jr., Esq. 

Smith, Hanson & Kirby, LLC

4401 Gary Avenue

Fairfield, AL 35064 

/s/ Richard H. Allen

One of the Attorneys for Defendant

Premier Mortgage Funding, Inc.

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OF COUNSEL:

Richard H. Allen, Esquire 

Chad W. Bryan, Esquire

CAPELL & HOWARD

150 South Perry Street (36104)

Post Office Box 2069

Montgomery, AL 36102-2069

/s/ Stephen A. Walsh

One of the Attorneys for Defendants

Option One Mortgage Corporation 

and H&R Block Mortgage 

Corporation

OF COUNSEL:

Stephen A. Walsh, Esq.

ADAMS and REESE, LLP

2100 Third Avenue North, Suite 1100

Birmingham, AL 35203

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