Case 1:15-cv-00293-LTS-RWL Document 173 Filed 05/05/17 Page 1 of 3

UNITED ST ATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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MORTGAGE RESOLUTION SERVICING, LLC,

IST FIDELITY LOAN SERVICING, LLC, and No. 15-CV-00293 (LTS) (JCF)

S&A CAPITAL PARTNERS, INC.,

Plaintiffs, AFFIDAVIT OF NON-PARTY

- v. - WITNESS ERIKA LANCE

JPMORGAN CHASE BANK, N.A., CHASE HOME

FINANCE LLC, and JPMORGAN CHASE & CO.

Defendants.

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STATE OF FLORIDA )

) ss.:

COUNTY OF hoe lb )

ERIKA LANCE, being duly sworn, deposes and says:

I. My name is Erika Lance and I am above the age of 1 8 years and competent to testify.

I have personal knowledge of the matters stated herein. I submit this affidavit in opposition to the

motion filed on April 14, 2017 by Plaintiffs S&A Capital Partners, Inc. ("S&A"), Mortgage

Resolution Services, LLC ("MRS"), and 1st Fidelity Loan Servicing ("1st Fidelity") (collectively,

"Plaintiffs") for an order setting aside the designation of Mr. Bly and Ms. Lance's depositions as

"Confidential" or "Attorneys Eyes Only." I am not a party to this litigation.

2. I have been employed by Nationwide Title Clearing, Inc. ("NTC") for approximately

thirteen years. In connection with my work duties, my deposition has been taken on several
 Case 1:15-cv-00293-LTS-RWL Document 173 Filed 05/05/17 Page 2 of 3

occasions. My current title is Executive Vice President of New Service Development, and my

previous roles include Chief Information Officer and Chief Human Resources Officer.

3. In or around 2010, transcripts ofmy depositions, and transcripts and videos ofmy

co-workers' depositions, were posted on the internet and publica!ly shared.

4. As a result, I was subjected to harassment, embarrassment, and threats of physical

harm. Among other things, NTC regularly receives angry telephone calls from people who ask to

speak with me, and a number of individuals have come to the NTC office where I work requesting to

meet with me in person to confront me.

5. Other NTC employees have experienced similar harassment, annoyance, and threats

of physical harm as a result of the publication of their depositions.

6. Under the circumstances, and fearing for our personal safety and the safety of our

families, I and other NTC employees have been forced to seek protective orders in Florida to limit the

disclosure which had occurred and to prevent future disclosure.

7. Before my deposition in this case on March 2 1 , 2017, I believed that it had been

agreed that the protective order in place in the case would apply and my transcript and video would be

designated and would remain as confidential.

8. Had I understood that Plaintiffs would contest the confidentiality designation, I would

have sought a protective order prior to appearing for the deposition.

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 Case 1:15-cv-00293-LTS-RWL Document 173 Filed 05/05/17 Page 3 of 3

9. Based upon past experiences and occurrences, I have a reasonable and good faith

belief that the removal of the confidential designation placed upon my deposition transcript would

subject me to harassment, embarrassment, and threats of bodily harm.

FURTHER AFFIANT SA YETH NAUGHT.

Sworn to under oath and signed before me this '2.... day of� , 2017, by Erika Lance,

who is personally known to me or who has produce�k.,..l!('\. as identification and

who took an oath. � '

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