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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

GEORGE P. SHEDD, JR., et al.,

:

Plaintiffs, :

:

vs. : CIVIL ACTION 14-275-CB-M

:

BARCLAYS CAPITAL 

REAL ESTATE, INC., 

d/b/a HomEq Servicing, et al.,

:

Defendants. :

ORDER

On this date, a hearing was held and this Court heard 

from all parties regarding Plaintiffs’ Motions to Compel 

(Docs. 134, 135, and 140) and all pleadings relating 

thereto (Docs. 145, 148, 150, 157, 158 and 162). After 

consideration of the relevant pleadings and the argument of 

counsel, the Motions were ruled on as follows, for the 

reasons set out in the audio record of the hearing. 

Plaintiffs’ Motion to Compel Barclays Capital Real 

Estate, Inc. to Respond to First Set of Interrogatories and 

Request for Production (Docs. 134 and 135) was GRANTED as 

set out below and otherwise DENIED.

A. GRANTED. Barclays’ Amended Privilege Log is 

insufficient. It does not comply with the 

requirements for a privilege log as noted in 

Paragraph 10.d. of the Amended Rule 16(b) 

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Scheduling Order (Doc. 127). Defendant is to 

produce a complying privilege log to 

Plaintiffs, and confer if there are any 

disagreements, not later than April 11, 2016. 

B. DENIED. Defendant is not required to subpoena 

its corporate documents or any other documents 

from Black Knight Financial Services.

C. GRANTED. In response to Interrogatory 2, 

Defendant is to supplement its list of 

employees with knowledge of the claims and 

defenses in this action, especially with 

respect to each person’s knowledge, as more 

fully discussed at the hearing, not later than 

April 11, 2016.

D. DENIED. Defendant stated that there are no 

pooling or servicing agreements as requested. 

The response to Request for Production 2 is 

sufficient.

Plaintiffs’ Motion to Compel Wells Fargo Defendants to 

Respond to First Set of Interrogatories and Request for 

Production (Doc. 140) was GRANTED as set out below and 

otherwise DENIED. 

A. GRANTED. Wells Fargo’s Privilege Log is 

insufficient. It does not comply with the 

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requirements for a privilege log as noted in 

Paragraph 10.d. of the Amended Rule 16(b) 

Scheduling Order (Doc. 127). Defendant is to 

produce a complying privilege log to 

Plaintiffs, and confer if there are any 

disagreements, not later than April 11, 2016.

B. DENIED. Defendant’s response is sufficient to 

Interrogatory 2.b. Wachovia Bank’s mortgage 

loans were assumed by Defendant when it merged 

with Wachovia Bank.

C. DENIED. Defendant’s responses to 

Interrogatory 2.i. and Requests for Production 

14 and 18 are sufficient since the requests 

are not relevant and too broad.

D. MOOT as to Request for Production 2.

E. GRANTED as modified. Defendant is to produce 

a copy of its training materials related to 

the Fair Debt Collection Practices Act, the 

Real Estate Settlement Procedures Act and the 

Fair Credit Reporting Act, not later than 

April 11, 2016. 

DONE this the 28th day of March, 2016. 

s/BERT W. MILLING, JR. 

UNITED STATES MAGISTRATE JUDGE 

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