Exhibit 3

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 1 of 14 PageID #:773
1

Parker, Chris

From: Salvador J. Lopez <lopez@robsonlopez.com>

Sent: Friday, April 1, 2022 3:54 PM

To: Obi, Shawn

Cc: Nick Wooten; Parker, Chris; Sandy Flores; Rusty Payton; Linnea Pedelty; Smedley, Angela A.

Subject: Re: Garcia vs Wells Fargo

Shawn, 

7.5 hours is just not reasonable. The Garcias in good faith agreed to submit themselves to the IMEs based on your 

representation of an approximate two hour exam. If Defendant is unwilling to choose a doctor with an exam of a more 

reasonable length, then go ahead and file your motion. 

Thanks. 

For a faster response please ensure to cc paralegal Sandy Flores at sflores@robsonlopez.com.

.....

Salvador J. Lopez 

Attorney at Law

PLEASE NOTE NEW MAILING ADDRESS:

116 S. Western Avenue

Unit 12247

Chicago, IL 60612

Robson & Lopez LLC

A CONSUMER PROTECTION LAW FIRM

These numbers do NOT receive text messages.

o: (312) 523 2166 *

d: (312) 523 2021*

f: (312) 277 6891

*Office line is recommended. If calling Direct line please allow up to 48 business hours for a response. Note 

that these numbers are NOT text message capable.

www.robsonlopez.com

_____________________________________________________________________ 

LEGAL NOTICE. If you are not the individual for whom this email was intended, notify the sender and then delete the 

email. Robson & Lopez LLC directed this communication to, and intended it for the sole use of, the individual or entity to which 

the sender intended to send it to. It may contain information that is confidential, protected by the attorney-client privilege, and/or 

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the United States Bankruptcy Code, readers of this e-mail are advised that Robson & Lopez LLC is a DEBT RELIEF AGENCY. 

On Tue, Mar 29, 2022 at 11:54 PM Obi, Shawn <SObi@winston.com> wrote: 

Sal, 

We understand that the series of tests involved is standard for Dr. Hartman and that each test has a fixed number of 

questions, therefore, the tests themselves cannot be shortened. We will not be engaging another examiner. Please let 

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 2 of 14 PageID #:774
2

us know by the end of the week if Plaintiffs are withdrawing their consent to this IME so that we have time to file a 

motion to compel. 

Thanks, 

Shawn 

 

Shawn R. Obi 

Partner

Winston & Strawn LLP

T: +1 213-615-1700

D: +1 213-615-1763

F: +1 213-615-1750

winston.com

Admitted to practice in California

From: Salvador J. Lopez <lopez@robsonlopez.com> 

Sent: Monday, March 28, 2022 10:23 AM 

To: Obi, Shawn <SObi@winston.com> 

Cc: Nick Wooten <nick@nickwooten.com>; Parker, Chris <CParker@winston.com>; Sandy Flores 

<sflores@robsonlopez.com>; Rusty Payton <info@payton.legal>; Linnea Pedelty <linnea@nickwooten.com>; Smedley, 

Angela A. <ASmedley@winston.com> 

Subject: Re: Garcia vs Wells Fargo 

 

Shawn, 

 

Plaintiffs agreed to an IME based on your prior representation of an approximate 2 hour exam. The new details you 

provided reflect an exam of 6-7.5 hours. That is excessive and unnecessary, especially considering that Wells Fargo has 

all of the Garcias' medical records for these doctors to review in advance. If this doctor is unable to adjust their exam 

time to two hours, then Wells Fargo should switch to a different doctor that is able to. 

 

Please advise. 

For a faster response please ensure to cc paralegal Sandy Flores at sflores@robsonlopez.com.

.....

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 3 of 14 PageID #:775
3

Salvador J. Lopez 

Attorney at Law

PLEASE NOTE NEW MAILING ADDRESS:

116 S. Western Avenue

Unit 12247

Chicago, IL 60612

Robson & Lopez LLC

A CONSUMER PROTECTION LAW FIRM

These numbers do NOT receive text messages.

o: (312) 523 2166 *

d: (312) 523 2021*

f: (312) 277 6891

*Office line is recommended. If calling Direct line please allow up to 48 business hours for a response. Note 

that these numbers are NOT text message capable.

www.robsonlopez.com

 

_____________________________________________________________________ 

LEGAL NOTICE. If you are not the individual for whom this email was intended, notify the sender and then delete the 

email. Robson & Lopez LLC directed this communication to, and intended it for the sole use of, the individual or entity to which 

the sender intended to send it to. It may contain information that is confidential, protected by the attorney-client privilege, and/or 

exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any distribution, 

dissemination, or copying of this communication is strictly prohibited. If you have received this communication in error, please 

contact the sender immediately, and then delete or destroy the material in its entirety. In accordance with Section 528(b)(2) 

of the United States Bankruptcy Code, readers of this e-mail are advised that Robson & Lopez LLC is 

a DEBT RELIEF AGENCY. 

 

 

On Fri, Mar 25, 2022 at 6:08 PM Obi, Shawn <SObi@winston.com> wrote: 

Counsel, 

 

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 4 of 14 PageID #:776
4

Due to issues with the schedule, we will be working with Dr. Hartman (cv attached), instead of Dr. Panova. His office 

is located at 216 South Jefferson Street, Suite 302, Chicago, Illinois 60661. Other details regarding the exam are 

included below. We’ll have dates for the IMEs to you soon for both Dr. Hartman and Dr. Conte. If you can provide 

dates that will work for Plaintiffs that we can consider, that may facilitate scheduling. 

 

Thank you, 

Shawn 

 

 

• These are forensic neuropsychological and psychological evaluations that include interview, measures of 

symptom endorsement, health-related concerns, history, motivation, cognition, personality and affect. 

Depending upon various factors, approximately 5-20 tests will be administered. Individual tests range from 5-

90 minutes, and clients are allowed appropriate ad hoc breaks and a 45-60 minute lunch break. All tests will 

be generally accepted objective procedures and most patients find the procedures interesting. 

 

• The examination typically takes from about 6-7.5 hours with breaks. There is a comfortable waiting room for a 

relative or spouse to wait, or the examinee can attend without company. The office is non-smoking in a “nogun” building. There is a kiosk to the left of the front building door where the clients will be able to buzz Dr. 

Hartman’s office and be let in. 

 

• It is requested that clients bring any medications they are currently taking for review. If any medications cause 

sedation, tranquilization or muscle relaxation, it is requested that the first dose of those medications be 

postponed until noon. All non-sedating medications can be taken per usual. Antidepressant medications can 

be taken per usual. Clients should bring eyeglasses if worn, along with lunch money and parking money, if 

applicable. 

 

• Interview and assessment take place on a single day and Dr. Hartman personally performs all procedures. Tests 

are non-invasive and administered via questionnaire, paper and pencil and/or computer. No computer 

literacy is needed. 

 

• Patients with a history of, or suspected elevated blood pressure will have blood pressure measured with an 

electronic cuff. Patients with history of pulmonary impairments may have their blood oxygen measured with 

a fingertip sensor. If the client has flu-like symptoms within 2-weeks of the scheduled evaluation, and/or has 

been diagnosed with COVID-19, they must bring written clearance from their treating physician. Masks are 

currently not required within Chicago but may be worn optionally. 

 

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 5 of 14 PageID #:777
5

 

Shawn R. Obi 

Partner

Winston & Strawn LLP

T: +1 213-615-1700

D: +1 213-615-1763

F: +1 213-615-1750

winston.com

Admitted to practice in California

From: Salvador J. Lopez <lopez@robsonlopez.com> 

Sent: Wednesday, March 16, 2022 3:17 PM 

To: Obi, Shawn <SObi@winston.com> 

Cc: Nick Wooten <nick@nickwooten.com>; Parker, Chris <CParker@winston.com>; Sandy Flores 

<sflores@robsonlopez.com>; Rusty Payton <info@payton.legal>; Linnea Pedelty <linnea@nickwooten.com>; Smedley, 

Angela A. <ASmedley@winston.com> 

Subject: Re: Garcia vs Wells Fargo 

 

Shawn, 

 

In the interest of not delaying the trial, the Garcias will agree to the IMEs. Please provide a list of available dates/times 

for the exams. Alternatively, you can provide a name/number at the medical facility and we will assist the Garcias in 

getting them scheduled. Please note that Mr. Garcia will require interpretation services. 

 

Thanks. 

For a faster response please ensure to cc paralegal Sandy Flores at sflores@robsonlopez.com.

.....

Salvador J. Lopez 

Attorney at Law

PLEASE NOTE NEW MAILING ADDRESS:

116 S. Western Avenue

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 6 of 14 PageID #:778
6

Unit 12247

Chicago, IL 60612

Robson & Lopez LLC

A CONSUMER PROTECTION LAW FIRM

These numbers do NOT receive text messages.

o: (312) 523 2166 *

d: (312) 523 2021*

f: (312) 277 6891

*Office line is recommended. If calling Direct line please allow up to 48 business hours for a response. Note 

that these numbers are NOT text message capable.

www.robsonlopez.com

 

_____________________________________________________________________ 

LEGAL NOTICE. If you are not the individual for whom this email was intended, notify the sender and then delete the 

email. Robson & Lopez LLC directed this communication to, and intended it for the sole use of, the individual or entity to 

which the sender intended to send it to. It may contain information that is confidential, protected by the attorney-client 

privilege, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified

that any distribution, dissemination, or copying of this communication is strictly prohibited. If you have received this 

communication in error, please contact the sender immediately, and then delete or destroy the material in its entirety. In 

accordance with Section 528(b)(2) of the United States Bankruptcy Code, readers of this e-mail are advised that 

Robson & Lopez LLC is a DEBT RELIEF AGENCY. 

 

 

On Sun, Mar 6, 2022 at 11:00 PM Obi, Shawn <SObi@winston.com> wrote: 

Counsel, 

 

Further to our meet and confer on Friday, below are the additional details regarding the Rule 35 independent 

medical exams Wells Fargo intends to seek in connection with the physical and mental health issues Mr. and Mrs. 

Garcia allege in the Complaint. Please let us know if there is any further information we can provide that will help 

your clients make a decision re whether they oppose or not. We’d like to get this process underway shortly, 

particularly if motion practice is going to be necessary. We look forward to hearing from you. 

 

Dr. Juliana Panova (Mental Exam) 

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 7 of 14 PageID #:779
7

-Conditions: Mrs. Garcia’s Major Depressive Disorder, as alleged in Compl. Para. 115(T)(a); Mr. Garcia’s mental 

health, as alleged Compl. Para. 115 (U). 

-Manner/Scope: A written assessment and clinical interview. Approximately 2 hours 

-Location: 5250 Old Orchard Road, Suite 300, Skokie, Illinois 60077 

-Date and time: to be agreed on by the parties 

 

Dr. William Conte (Physical Exam) 

- Conditions: Mrs. Garcia’s fibromyalgia and migraines, as alleged in Compl. Para. 115(T)(b)(c). 

-Manner/scope: An interview and neurological assessment. The neurological assessment will not be invasive, but 

consists of a sensory exam. Approximately 1- 1 1⁄2 hours 

-Location: 200 E. 89th Avenue - Pavilion B Merrillville, IN 46410 

-Date and time: to be agreed on by the parties 

 

Thanks, 

Shawn 

 

Shawn R. Obi 

Partner

Winston & Strawn LLP

T: +1 213-615-1700

D: +1 213-615-1763

F: +1 213-615-1750

winston.com

Admitted to practice in California

From: Nick Wooten <nick@nickwooten.com> 

Sent: Wednesday, February 9, 2022 12:26 PM 

To: Obi, Shawn <SObi@winston.com> 

Cc: Parker, Chris <CParker@winston.com>; Salvador J. Lopez <lopez@robsonlopez.com>; Sandy Flores 

<sflores@robsonlopez.com>; Rusty Payton <info@payton.legal>; Linnea Pedelty <linnea@nickwooten.com>; 

Smedley, Angela A. <ASmedley@winston.com> 

Subject: Re: Garcia vs Wells Fargo 

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 8 of 14 PageID #:780
8

 

Shawn, 

 

I think what you have proposed is reasonable. I am walking into another meeting (virtually anyway). Let me take a 

look at my schedule and propose some times to discuss the open matters. While we are not through analyzing the 

Herndandez documents. I believe we are getting our arms around the issues. I have a trial the week of February 21. 

As soon as that ends, I am putting my full attention into the identification of a document set for this case. Once that 

is done, we should all have a decent understanding of what other discovery we will need. 

 

Thanks, 

 

Nick 

Nick Wooten, LLM, CAM, MFP, CWM, AFA, CPM

Nick Wooten, LLC

5125 Burnt Pine Drive

Conway, Ar. 72034

833-937-6389

nick@nickwooten.com

Honorary Global Advisor USA

American Academy of Financial Management

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 9 of 14 PageID #:781
9

 

 

On Wed, Feb 9, 2022 at 1:56 PM Obi, Shawn <SObi@winston.com> wrote: 

Nick, 

 

We received the letter from Elmhurst’s attorney earlier today and they indicated that they’ll follow up with 

potential dates on which the doctors, including Dr. Pillai, could be made available for deposition. We will let you 

know once we have those dates. 

 

Regarding the Hernandez deposition transcripts, we will produce them based on your representation that you will 

not seek to re-depose the same witnesses. As to the Hernandez 30(b)(6) deposition transcript, we agree to produce 

them based on your representation that you will not seek testimony on any topic that has been previously covered 

by the prior Hernandez 30(b)6 testimony. Wells agrees to be bound by that prior testimony. Just to be clear, the 

parties are required under the rules to meet and confer on 30(b)(6) topics and we reserve all rights to object as 

appropriate at that time, should Plaintiffs seek a 30(b)(6) deposition in this case. 

 

Regarding the IME, we’d work with Plaintiffs on timing of those and we can meet and confer to further discuss 

proposed scope/manner, etc. of the exams. Do you have time next week? Tuesday outside 11 am to 1 pm PST, 

Wednesday outside 2 to 3 pm PST or any time Friday would work well. 

 

I also wanted to follow up on our request that you provide a “computation of each category of damages claimed by” 

Mr. and Mrs. Garcia as required under Rule 26(a)(1)(A). In order to evaluate the scope of discovery, we’d ask that 

you do so, including identifying what portion of the damages sought are attributable to “watching the struggles of 

their children that followed the loss of their Family Home” (Compl. ¶ 115(S)(h)). 

 

Thanks, 

Shawn 

 

Shawn R. Obi 

Partner

Winston & Strawn LLP

T: +1 213-615-1700

D: +1 213-615-1763

F: +1 213-615-1750

winston.com

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 10 of 14 PageID #:782
10

Admitted to practice in California

From: Nick Wooten <nick@nickwooten.com> 

Sent: Thursday, February 3, 2022 10:39 AM 

To: Obi, Shawn <SObi@winston.com> 

Cc: Parker, Chris <CParker@winston.com>; Salvador J. Lopez <lopez@robsonlopez.com>; Sandy Flores 

<sflores@robsonlopez.com>; Rusty Payton <info@payton.legal>; Linnea Pedelty <linnea@nickwooten.com>; 

Smedley, Angela A. <ASmedley@winston.com> 

Subject: Re: Garcia vs Wells Fargo 

 

Shawn, 

 

Please see my comments below in blue. Happy to meet and confer regarding any or all of these issues. 

 

Thanks, 

 

Nick 

Nick Wooten, LLM, CAM, MFP, CWM, AFA, CPM

Nick Wooten, LLC

5125 Burnt Pine Drive

Conway, Ar. 72034

833-937-6389

nick@nickwooten.com

Honorary Global Advisor USA

American Academy of Financial Management

 

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 11 of 14 PageID #:783
11

 

On Thu, Feb 3, 2022 at 10:46 AM Obi, Shawn <SObi@winston.com> wrote: 

Nick, 

 

Dr. Anita Pillai was served along with the other Elmhurst personnel. Our office spoke briefly with an attorney 

representing Elmhurst earlier this week who indicated that she’ll be following up with a letter of 

representation. We will let you know when we get that letter so we can move forward with deposition scheduling. 

Again, glad to jump in and try to assist with scheduling if we can be of assistance. We have been told that Pillai is 

leaving Elmhurst so we should make her scheduling a priority. 

 

Regarding the Wells Fargo employee deposition transcripts from Hernandez, Wells Fargo is willing to consider 

voluntarily producing the transcripts based on your representation that doing so would obviate the need to depose 

those same witnesses in this case. Please confirm that is your position. Confirmed. However, we cannot agree that 

we will not need a 30b6 deposition of Wells Fargo. To the extent any topic has been previously covered by prior 

30(b)6 testimony in Hernandez, and Wells agrees to be bound by that prior testimony, we could exclude 

examination on any such covered topic. This would substantially shorten the length of any further 30(b)6 

testimony by Wells Fargo. Also, we cannot exclude the remote possibility that we may need employee depositions 

from one or more Wells Fargo witnesses. We are just not yet in a position to be able to say conclusively we can go 

to trial without any other employee testimony. 

 

As to the Rule 35 IMEs, we are seeking two examinations of Mrs. Garcia (a mental examination and a physical 

examination) and one examination of Mr. Garcia (a mental examination) in light of the nature of their 

noneconomic damages allegations. See, e.g., Compl. ¶ 115 (T), (U). One examiner will be qualified to assess the 

mental conditions alleged by both Plaintiffs, and the other will be qualified to assess the physical conditions alleged 

by Mrs. Garcia (i.e., fibromyalgia and migraines). We understand that the examinations will take place in person at 

each examiner’s office and will include a written assessment and clinical interview. The examiner would also 

review Mr. and Mrs. Garcia’s prior medical records. We anticipate this process (examinations, review of records, 

and completion of report) will take at least three and a half weeks. Please let us know if there are any other details 

you would like to discuss. We are happy to further meet and confer. Shawn, the rule requires we be given 

information regarding the time, place, manner, conditions, and scope of the examination, as well as the 

person or persons who will perform it. This was the information that I previously requested. I would 

assume you already have identified your examiners and have provided them with our client's prior medical 

records. We are particularly interested in manner, conditions, and scope of the examination as those 

terms would be critical for our explanation to our clients and to take an informed position. 

In the event you do not have IME providers already selected, we could likely ask the Court to appoint truly 

independent treaters, in the appropriate fields, from somewhere like Northwestern, assuming Wells Fargo 

is willing to bear those costs. Again, I assume that Wells Fargo already has their horses in the barn on 

this issue, so I would also assume there is no interest in appointing truly independent treaters to evaluate 

the Garcias. Please correct me if I am wrong. 

Finally, the relevance of the school records depends on the allegations upon which you intend to proceed. Will you 

be updating Plaintiffs’ computation of damages in their initial disclosures? We request that you provide a 

“computation of each category of damages claimed by” Mr. and Mrs. Garcia as required under Rule 26(a)(1)(A). If 

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 12 of 14 PageID #:784
12

the Garcias are no longer claiming harm due to “watching the struggles of their children that followed the loss of 

their Family Home” (Compl. ¶ 115(S)(h)), we may no longer need to pursue the school records. Shawn, I do not 

believe that harm resulting from "watching the struggles of their children that followed the loss of their Family 

Home" necessarily entails school records. I also don't believe that the types of harms suffered by the Garcias in this 

heading would exclude school records. I would propose that you go forward with your examination of the Garcia 

family. If the testimony given makes school records relevant, we can then execute a release and allow you to 

reconvene any necessary deposition to address the school records. We can also consider a stipulation regarding 

that discrete issue if testimony puts the records "at issue" and the Garcias are not comfortable executing the 

release. 

 

Thanks, 

Shawn 

 

Shawn R. Obi 

Partner

Winston & Strawn LLP

T: +1 213-615-1700

D: +1 213-615-1763

F: +1 213-615-1750

winston.com

Admitted to practice in California

From: Nick Wooten <nick@nickwooten.com> 

Sent: Monday, January 31, 2022 1:30 PM 

To: Obi, Shawn <SObi@winston.com>; Parker, Chris <CParker@winston.com>; Salvador J. Lopez 

<lopez@robsonlopez.com>; Sandy Flores <sflores@robsonlopez.com>; Rusty Payton <info@payton.legal>; Linnea 

Pedelty <linnea@nickwooten.com>; Smedley, Angela A. <ASmedley@winston.com> 

Subject: Garcia vs Wells Fargo 

 

Shawn and Chris, 

 

I am writing to update you regarding the status of the release for school records. We have discussed this issue and 

cannot find any relevance for this request given that the children are no longer plaintiffs in the case. 

 

As to Dr. Pillai, we would like to know if she has been served yet. We have been informed she may be leaving 

Elmhurst. If she has not been served, then please let us know as she is an important witness. 

Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 13 of 14 PageID #:785
13

 

Also, we are still awaiting information with respect to the requirements under Rule 35 for an IME so that we can 

further evaluate our position on your request. 

 

We also have not heard from you regarding whether you will produce the deposition transcripts from the 

Hernandez litigation of the Wells Fargo employees and corporate representatives. 

 

Thanks, 

 

Nick 

Nick Wooten, LLM, CAM, MFP, CWM, AFA, CPM

Nick Wooten, LLC

5125 Burnt Pine Drive

Conway, Ar. 72034

833-937-6389

nick@nickwooten.com

Honorary Global Advisor USA

American Academy of Financial Management

The contents of this message may be privileged and confidential. If this message has been received in error, please delete it without reading it. Your receipt 

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Case: 1:20-cv-02402 Document #: 78-4 Filed: 04/11/22 Page 14 of 14 PageID #:786