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Case 07-11862 Doc 264 Filed 09/20/10 Entered 09/20/10 13:56:43 Main Document

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UNITED STATES BANKRUPTCY COURT


EASTERN DISTRICT OF LOUISIANA

In re:
CASE NO. 07-11862

RON WILSON, Section “A”


LaRHONDA WILSON,
CHAPTER 13
Debtors.

ORDER RESOLVING LENDER PROCESSING SERVICES, INC.’S MOTION FOR


PROTECTIVE ORDER PURSUANT TO RULE 26 (c) AND UNITED STATES
TRUSTEE’S MOTION FOR ORDER COMPELLING RESPONSES TO
INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS, AND
REQUESTS FOR ADMISSIONS

THIS MATTER came before the Court on September 14, 2010, upon the Motion for

Protective Order pursuant to Rule 26 (c) and Memorandum in Support thereof (“Motion for

Protective Order”) filed by Lender Processing Services, Inc., f/k/a Fidelity National Information

Services, Inc. (“LPS”); the Objection thereto filed by the United States Trustee for Region 5

(“United States Trustee”); the Motion for Order Compelling Responses to Interrogatories,

Request for Production of Documents, and Requests for Admissions (“Motion to Compel”) filed

by the United States Trustee; the statements of counsel for LPS and the United States Trustee;

and upon the entire record herein.

IT APPEARS to the Court that, per the rulings at the hearing, the following should be

ordered.

ACCORDINGLY, IT IS HEREBY ORDERED that:

1. The Motion for Protective Order shall be and is hereby denied.

2. The Motion to Compel is granted in part and denied in part, as specifically addressed

below:
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a. Request for Production 1 - denied as moot because the matters have been

resolved between the parties per LPS’ supplementation of its response and

statements on the record clarifying the supplementation.

b. Request for Production 2 - denied as moot because the matters have been

resolved between the parties per LPS’ supplementation of its response and

statements on the record clarifying the supplementation.

c. Request for Production 3 - granted to the extent that, not later than 5:00

p.m., September 17, 2010, LPS shall either produce the document(s)

responsive to Request for Production 3 or produce its answer to

Interrogatory 1.

d. Request for Production 4 - denied because LPS has confirmed that there is

no “Bankruptcy Litigation Team” that it would have been part of and

certified that it heretofore disclosed in discovery all LPS employees who

had substantive responsibilities concerning the motion for relief up

through May 9, 2008.

e. Request for Production 5 - granted, and by 5:00 p.m., September 17, 2010,

LPS shall produce the documents described in Request for Production 5.

f. Request for Production 6 - denied as moot concerning bullet 3 as

heretofore produced; and denied as to the documents identified in the

remaining bullets because LPS certified that a reasonable search had been

made for the documents and none could be found.

2
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g. Interrogatory 1 - granted to the extent that, not later than 5:00 p.m.,

September 17, 2010, LPS shall either produce the document(s) responsive

to Request for Production 3 or produce its answer to Interrogatory 1.

h. Interrogatory 2 - denied because LPS’ response is adequate and because

LPS will not object, on the basis of hearsay, to the admission into

evidence of entries of its employees contained in LPS’ Exhibit A filed on

June 16, 2010.

i. Request for Admission 12 - denied because LPS’s response is adequate.

j. Request for Admission 13 - denied because LPS’ response is adequate.

New Orleans, Louisiana, September 20, 2010.

Hon. Elizabeth W. Magner


U.S. Bankruptcy Judge