Case 1:15-cv-00293-LTS-RWL Document 174 Filed 05/05/17 Page 1 of 4

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
MORTGAGE RESOLUTION SERVICING, LLC,
IST FIDELITY LOAN SERVICING, LLC, and No. IS-CV-00293 (LTS) (JCF)
S&A CAPITAL PARTNERS, INC.,

Plaintiffs, AFFIDAVIT OF NON-PARTY

- v. - WITNESS MYRON
FINLEY, ESQ.
JPMORGAN CHASE BANK, N.A., CHASE HOME
FINANCE LLC, and JPMORGAN CHASE & CO.

Defendants.
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STA TE OF FLORIDA )
) SS.:
COUNTY OF i'lA!E.LLAf )

MYRON FINLEY, ESQ., being duly sworn, deposes and says:

I. My name is Myron Finley and I am above the age of 18 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 ("Isl 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") since 2011. I am

an attorney admitted in California and New York, and my current title at the company is Chief Legal

Officer. NTC is a not a party to this litigation.

3. NTC employees have previously been subjected to harassment, embarrassment, and

threats of physical harm as a result of the release of deposition transcripts and videos. In or around
 Case 1:15-cv-00293-LTS-RWL Document 174 Filed 05/05/17 Page 2 of 4

2010, transcripts and videos ofNTC employees, including Bryan Bly, were posted on the internet and

publically shared. For example, in Deutsche Bank National Trust Co. v. Morion, no. 2009 CA

007211 in the Circuit Court for the Twelfth Judicial Circuit in Florida, the court entered an order

dated February 3, 2012 finding that, in November 20 I 0, counsel for defendant in the case uploaded

to YouTube.com video and audio recordings of the depositions of several NTC employees taken in

the case, including depositions of Bryan Bly, Crystal Moore, Dhurata Doko, and Vilma Castro.

Though the court ordered the defendant's counsel to take down the recordings, by the time he had

done so, they had already been copied and disseminated by others on YouTube.com. Even after

defendant's counsel took down the recordings, the court found that NTC employees were

subjected to threats of physical violence.

4. Numerous other Florida courts have entered protective orders applying to depositions

ofNTC employees. For example, in U.S. Bank National Association v. Wolfe, no. 50 2014 CA

001256 XXXX MB in the Circuit Court for the Fifteenth Judicial Circuit in Florida, the court entered

an order dated August 11, 2015 stating that that "[tjhe deposition of Erika Lance shall not be

disseminated, privately or publically, and shall not be posted nor shared via the internet or by any

other means of publication or communication." In Deutsche Bank National Trust Co. v. Grondin, no.

2012-CA-OI I 094 in the Circuit Court for the Sixth Judicial Circuit in Florida, the court entered an

order dated April 15, 2014 requiring that any deposition of Ms. Lance be governed by a

confidentiality agreement. In Onewest Bank. FSB v. Wo(IJ, no. 50 2013 CA 000128 XXXX MB AW

in the Circuit Court for the Fifteenth Judicial Circuit in Florida, the court entered an order dated

October 6, 2014 requiring that a deposition of Mr. Bly be kept confidential.

5. As a result of the public dissemination of their depositions, several NTC employees

have experienced harassment, annoyance, and threats of physical harm, including Bryan Bly, Erika
2
 Case 1:15-cv-00293-LTS-RWL Document 174 Filed 05/05/17 Page 3 of 4

Lance, Crystal Moore, Dhurata Doko, Vilma Castro, and Mary Jo McGowan. For example, NTC has

received numerous angry telephone calls from people who ask to speak with Ms. Lance, and a

number of individuals have come to the NTC office where Ms. Lance works requesting to meet with

her in person to confront her. Mr. Bly has been subject to harassment by commentors on the internet,

including at least one individual who suggested he deserved to die.

6. In addition to protecting NTC employees from harassment, the transcript of Mr. Bly's

deposition should continue to be treated as confidential because it contains NTC' s trade secrets and

confidential information.

7. NTC's success depends on its proprietary business processes. For example, on its

website, NTC represents that it maintains proprietary processes for accurate document formatting

in all recording jurisdictions nationwide. (E.g., NTC, Brochure,

http://info.nwtc.com/competent-dependable-expl!rienced.) These processes have been developed

and refined by NTC over the years through research and investments. To the extent that NTC's

business processes are disclosed to the public, competitors may copy them and could thereby gain

an unearned advantage. These proprietary business processes generally relate to the division of

labor between individuals in the workflow for processing documents, how the company uses

computer systems to perform work, the speed at which the company's systems operate, and how

employees are compensated and incentivized for their work.

8. In order to protect NTC's confidential and proprietary information, NTC required all

its employees, including Mr. Bly and Ms. Lance, to sign an employment agreement that prohibits

disclosure of confidential Information and trade secrets. NTC takes other reasonable measures to

ensure the confidentiality of such information, such as by requiring computer passwords and

restricting public access to the company's offices.

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 Case 1:15-cv-00293-LTS-RWL Document 174 Filed 05/05/17 Page 4 of 4

9. Based on my experience as NTC's in-house counsel, I believe that Mr. Bly's March

21, 2017 deposition transcript contains trade secrets and confidential information that should be

protected. Among other things, the transcripts contain information relating to NTC' s proprietary

business processes, including the division of labor between individuals in the work flow for

processing documents, how the company uses computer systems to perform work, the speed at

which the company's systems operate, and how employees are compensated and incentivized for

their work. Examples of such information include, but are not limited to, the testimony appearing on

page IO (line 18) through page 13 (line 17), page 22 (line 5) through page 24 (line 17), page 27 (line

12) through page 28 (line 25), and page 41 (line 8) through page 47 (line 8).

10. I have a good faith belief that NTC would be competitively harmed if such "Trade

Secrets" or "Confidential Information" was publically disclosed.

FURTHER AFFIANT SA YETH NAUGHT.

MYRO

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Sworn to under oath and signed before me this c{ day of 2017, by Myron
Finley, who is personally known to me or who has produced Ci<.,'u,IJ-.4Q as identification
and who took an oath. ·

_.,,-.!.�i(,,, NICOlE BAlDWIN •

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State of Florida at large
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