Exhibit 5

Case: 1:20-cv-02402 Document #: 78-6 Filed: 04/11/22 Page 1 of 10 PageID #:801
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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EDUARDO GARCIA and JULIA GARCIA,

Plaintiffs,

v.

WELLS FARGO BANK, N.A., 

Defendant.

Case No. 1:20-cv-02402

Judge Rebecca Pallmeyer

Judge Heather K. McShain

JULIA GARCIA’S RESPONSES TO DEFENDANT WELLS FARGO BANK, N.A.’S 

SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS

Plaintiff Julia Garcia (“Julia”), by and through her undersigned counsel, hereby submits 

the following responses and objections to the Second Set of Requests for Production of Documents 

propounded by Wells Fargo Bank, N.A. (“Wells Fargo” or “Defendant”) pursuant to the provisions 

of Rule 34 of the Federal Rules of Civil Procedure. Julia reserves the right to supplement her

responses and will produce any documents which may become available in response to these 

Requests.

SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS

Over the course of more than ten years since Wells Fargo wrongly denied the Garcias for 

a loan modification, the Garcias are no longer in possession of all of their documents. They had to 

dispose of boxes of documents because of the short notice to vacate the property and had little time 

to pack and limited storage space in the Brookfield apartment they rented. Furthermore, after 

losing their house, the Garcias had no reason to believe there was a need to keep all of the 

documents for ten or more years.

The Garcias previously produced documents labeled GARCIA 00001-02003; BYRON’S 

SCHOOL RECORDS 00001-00041; MIRIAHM’S SCHOOL RECORDS 00001-00210; JULIA’S 

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MED RECS 00001-03322; EDUARDO’S MED RECS 00001-00853; BYRON’S MED RECS 

00001-00292; and MIRIAHM’S MED RECS 00001-00840. The Garcias supplement their 

production of documents with GARCIA 02004-02118 and JULIA’S MED RECS 03323-03691.

REQUEST FOR PRODUCTION NO. 1:

All Documents Identified in or Relating to Your responses to Defendant’s First Set of 

Interrogatories.

RESPONSE: Where applicable, see Julia Garcia’s Answers to Defendant’s First Set of 

Interrogatories identifying the documents.

REQUEST FOR PRODUCTION NO. 2:

All non-privileged Documents Identified in Andrew J. Maxwell’s Supplemental Initial 

Disclosures or relied upon in preparing those Supplemental Initial Disclosures.

RESPONSE: As stated in ¶2 of Plaintiff’s Rule 26(a) Supplemental Initial Disclosures, 

the Garcias have produced all non-privileged Documents in their possession that were identified 

or replied upon in Plaintiff’s Supplemental Initial Disclosures.

REQUEST FOR PRODUCTION NO. 3:

All Documents that Refer or Relate to You or Your Children’s search for housing after 

the foreclosure of the Mortgage, Including but not limited to the email correspondence sent by 

Your Child, Byron Garcia, while looking for a place to live.

RESPONSE: As clearly stated in Julia’s Response to Wells Fargo’s First Set of Requests 

for Production of Documents, Request No. 9, at this time, the Garcias have no documents that refer 

or relate to their or their Children’s search for housing after the foreclosure of the Mortgage. The 

Garcias will testify as to the significant time and financial investment made in finding new housing 

after they were evicted with a short notice to vacate the Property. Byron will testify to the time he 

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spent personally looking for a place to live, calling landlords, sending emails, and filling out 

applications. As clearly stated in Byron’s Responses to Wells Fargo’s First Set of Request for 

Production of Documents, Request Nos. 5 -10, Byron has no documents responsive to this Request. 

In order to vacate the property in such a short time, the Garcias had to give away or sell 

most of their furniture and appliances because they didn’t have time or space to move them to the 

Brookfield apartment. They had to dispose of documents because of limited time to pack and 

limited storage space in an apartment. 

REQUEST FOR PRODUCTION NO. 4:

All Documents or Communications that Refer or Relate to Your tenancy at the Brookfield 

Apartment, as defined in the Complaint and alleged in paragraphs 91–94 of the Complaint, 

Including all Documents or Communications that Refer or Relate to any rental payments made 

and the Brookfield Apartment pet policy 

RESPONSE: Julia objects to this Request on the basis that Wells Fargo has subpoenaed 

documents responsive to this Request from Frank Adorno, Jr. and that it has been more than ten 

years since Wells Fargo foreclosed on the Family Home, so it would be unreasonable for Wells 

Fargo to expect Julia to have saved such documents. Subject to and without waiving this objection, 

see GARCIA 01736 (letter to property owner of Brookfield rental property) previously produced 

by the Garcias. The Garcias have no other documents responsive to this Request.

REQUEST FOR PRODUCTION NO. 5:

All Documents or Communications that Refer or Relate to Your employment records or 

employee performance evaluations since January 26, 2006.

RESPONSE: See GARCIA 01731-01735 (Julia Garcia’s work evaluation for 01/2010 to 

12/2010); GARCIA 01323-01370; 01372-01421 (Julia Garcia’s paystubs 2007-2011); GARCIA 

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01562 (Julia Garcia’s 2009 W-2); and GARCIA 01575 (Julia Garcia’s 2010 W-2), previously 

produced. See GARCIA 02004-02005 (Julia Garcia’s 2012 W-2), GARCIA 02085, 02114 (Julia 

Garcia’s 2018 and 2019 1099-MISC).

REQUEST FOR PRODUCTION NO. 6:

All Documents or Communications that Refer or Relate to any professional references 

that You listed Regarding Your employment, Including any applications for new employment or 

any applications for any promotion(s).

RESPONSE: Julia objects to this Request on the basis that it does not state a specific time 

frame. Julia further objects to this Request on the basis that its reference to “any professional 

references” is broad and confusing in the context of this Request. Subject to and without waiving 

this objection, Julia has no documents responsive to this Request.

REQUEST FOR PRODUCTION NO. 7:

All Documents and Communications that Refer or Relate to the termination of Your 

employment and the reason(s) for the termination of Your employment since January 26, 2006.

RESPONSE: Julia objects to this Interrogatory on the basis that it has been more than ten 

years since Wells Fargo foreclosed on the Family Home, so it would be unreasonable for Wells 

Fargo to expect Julia to have saved such documents. Subject to and without waiving said objection, 

Julia does not have documents responsive to this Interrogatory, but she will testify that she was 

suffering with deteriorating physical and mental health and the stress and demands of her work 

were worsening her condition, so in September 2012 she chose to resign.

REQUEST FOR PRODUCTION NO. 8:

All Documents or Communications with any healthcare providers that Refer or Relate to 

the original diagnosis and treatment of Your medical conditions as alleged in paragraphs 

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115(T)(a), (b), and (c) of the Complaint. ¶115(T)(a)(b)(c) refer to Wells Fargo’s harms drastically 

affected Julia’s physical and mental health - (a) diagnosed with Major Depressive Disorder; (b) 

diagnosed with fibromyalgia; (c) began suffering extreme migraines

RESPONSE: Julia objects to this Request on the basis that she has produced all medical 

records in her possession, and furthermore, Wells Fargo has issued subpoenas for all of Julia’s 

medical records. Subject to and without waiving this objection, Julia was diagnosed with Major 

Depressive Disorder in or about 2008 (see JULIA’S MED RECS 02438). She was diagnosed with 

fibromyalgia in or about 2005 (see JULIA’S MED RECS 01971). She was diagnosed with 

migraines in or before 2011 (see JULIA’S MED RECS 01706). As stated throughout Julia’s 

medical records, these conditions were aggravated by stress, in particularly the stress caused by 

Wells Fargo’s harm to the Garcias. In addition to the extreme stress, the fibromyalgia was further 

aggravated by the lifting, packing and living out of boxes when the Garcias lost their home (see 

JULIA’S MED RECS 01689). 

REQUEST FOR PRODUCTION NO. 9:

All Documents or Communications with any mental healthcare providers that Refer or 

Relate to Your mental health since January 26, 2006.

RESPONSE: Julia objects to this Request on the basis that she has previously produced 

medical records in her possession, and furthermore, Wells Fargo has issued subpoenas for all of 

Julia’s medical records. Subject to and without waiving this objection, Julia, refers Wells Fargo to 

JULIA’S MED RECS 00001 – 03691. Additionally, Julia will testify about the impact that Wells 

Fargo’s actions had on her mental health and will also testify about the cultural stigma and social 

barriers that are a deterrent for Hispanics to seeking mental health treatment.

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REQUEST FOR PRODUCTION NO. 10:

All Documents or Communications with any healthcare provider that Refer or Relate to 

Your inability to operate a motor vehicle as a result of Your medical conditions or required 

medications as alleged in paragraph 115(T)(e).

RESPONSE: Julia objects to this Request on the basis that she has previously produced 

medical records in her possession, and furthermore, Wells Fargo has issued subpoenas for all of 

Julia’s medical records. Subject to and without waiving said objection, Julia responds that her 

doctors advised her in approximately 2008 or 2009, that driving was a stressor to her neck and 

back pain, and that she should not drive while taking some of the pain medication. However, at

one point around this time she suffered a migraine while driving on the expressway and nearly got 

into a major accident. This terrified her and left her traumatized. In the years since, she has driven

only one time out of necessity. 

REQUEST FOR PRODUCTION NO. 11:

All Documents or Communications with the Department of Motor Vehicles that Refer or 

Relate to Your inability to operate a motor vehicle as a result of Your medical conditions or 

required medications as alleged in paragraph 115(T)(e).

RESPONSE: See response to Request for Production No. 10.

REQUEST FOR PRODUCTION NO. 12:

All Documents or Communications that Refer or Relate to the post-secondary education 

of Your Child, Byron Garcia, at National Louis University, Including application and admissions 

Documents, scholarship Documents, registration Documents, disciplinary Documents, room and

board Documents, academic performance Documents, graduation Documents, and withdrawal 

Documents.

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RESPONSE: Julia objects to this Request on the basis that Wells Fargo has subpoenaed 

all records from National Louis University that are responsive to this Request.

REQUEST FOR PRODUCTION NO. 13:

All Documents or Communications that Refer or Relate to the post-secondary education 

of Your Child, Byron Garcia, at DePaul University or College of DuPage, Including application 

and admissions committee Documents, and scholarship Documents.

RESPONSE: During his junior year of high school, Byron told his parents that he wanted 

to attend DePaul University. His parents told him that if he was accepted into DePaul, they would 

do whatever they needed to do to pay for his college, even if it meant selling the house. Byron kept 

that hope until Wells Fargo denied the Garcias’ loan modification application and foreclosed on 

the property, and Byron lost hope of attending DePaul, or any other school that would have 

required financial assistance from his parents. Julia will also testify about her belief that if Byron 

could have attended DePaul University, or College of DuPage at the in-district tuition rate, Byron 

would chosen these schools and would have graduated. 

REQUEST FOR PRODUCTION NO. 14:

All Documents or Communications that Refer or Relate to the post-secondary education of 

Your Child, Miriahm Garcia, Including application and admissions Documents, scholarship 

Documents, registration Documents, disciplinary Documents, room and board Documents, 

academic performance Documents, graduation Documents, and withdrawal Documents.

RESPONSE: See GARCIA 01880, 02026, 02047 (tax documents pertaining to National 

Louis University for Miriahm). 

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Dated: March 7, 2022 Respectfully submitted,

/s/ Nick Wooten

Nick Wooten 

NICK WOOTEN, LLC

5125 Burnt Pine Drive

Conway, Arkansas 72034

(833) 937-6389

nick@nickwooten.com

Rusty A. Payton,

PAYTON LEGAL GROUP

20 North Clark Street, Suite 3300

Chicago, Illinois 60602

(773) 682-5210

info@payton.legal

Salvador J. Lopez

ROBSON & LOPEZ, LLC

180 W. Washington Street, Suite 700

Chicago, Illinois 60602

312-523-2166

lopez@robsonlopez.com

Counsel for the Plaintiffs

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CERTIFICATE OF SERVICE

I certify that on March 7, 2022, a copy of the foregoing Julia Garcia’s Responses to 

Defendant Wells Fargo Bank, N.A.’s Second Set of Requests for Production of Documents

was served via electronic means on:

Scott P. Glauberman

Christopher Parker

WINSTON & STRAWN LLP

35 West Wacker Drive

Chicago, Illinois 60601

sglauber@winston.com

cparker@winston.com

Angela A. Smedley

WINSTON & STRAWN LLP

200 Park Avenue

New York, NY 10166-4193

Asmedley@winston.com

Shawn R. Obi

WINSTON & STRAWN LLP

333 South Grand Avenue

Los Angeles, CA 90071

Sobi@winston.com

Counsel for Defendant

/s/ Nick Wooten

Nick Wooten

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