Free Initial Disclosures - District Court of Delaware - Delaware

Case 1:07-cv-00283-GMS

Document 28

Filed 01/15/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE M.C. PAINTING CORPORATION Plaintiff, v. CIANBRO CORPORATION, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Defendants ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 07-283 (GMS)

DEFENDANT CIANBRO CORPORATION'S INITIAL DISCLOSURES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1) COMES NOW, Cianbro Corporation ("Cianbro"), by and through undersigned counsel pursuant to Federal Rule of Civil Procedure 26(a)(1) with this initial disclosure and states as follows:

A.

Parties Likely to Have Discoverable Information Concerning Claims and Defenses in this Action:

Tom Stone Cianbro Corporation 605 Pittman Road Baltimore, MD Mike Hart Cianbro Corporation 605 Pittman Road Baltimore, MD Cianbro reserves the right to update his list. B. The Location of Documents and Records Likely to be of Assistance in the Litigation of all Claims and Counter-Claims:

ME1 7052094v.1 ME1 7057184v.1

Case 1:07-cv-00283-GMS

Document 28

Filed 01/15/2008

Page 2 of 2

Cianbro maintains a file for the South Market Street Bridge project at its offices in Baltimore Maryland. Files and records related to this matter are also maintained in the office of Cianbro's general counsel as well as with its outside counsel, McCarter & English, LLP. C. A Calculation of Damages:

Cianbro's counter-claim alleges damages of at least $45,221.00 calculated as follows: Total monthly monitoring costs through warranty period: Cost of Warranty Bond Purchased by Cianbro Overcharges by M.C. Painting Corporation and amounts Owed to or Offset by Cianbro $32,247.00 $7,545.00

$5,429.00

Cianbro asserts that additional potential damages exist to the extent that Cianbro, through the end of the warranty period for which M.C. Painting Corporation was responsible but for which M.C. Painting Corporation failed to secure the appropriate warranty bond for, is required to perform any repair or replacement work to any of M.C. Painting Corporation's work. Cianbro reserves the right to update this calculation. D. Insurance Coverage Relevant to this Matter:

No insurance coverage is relevant to Plaintiffs' claims.

McCARTER & ENGLISH, LLP /s/ Christopher A. Selzer Christopher A. Selzer, Esq. (#4305) 405 N. King Street, 8th Floor Wilmington, DE 19801 (302)-984-6300 (302)-984-6399 facsimile Attorney for Defendant Cianbro Corporation Date: January 15, 2008

ME1 7052094v.1 ME1 7057184v.1

Case 1:07-cv-00283-GMS

Document 28-2

Filed 01/15/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE M.C. PAINTING CORPORATION Plaintiff, v. CIANBRO CORPORATION, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Defendants ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 07-283 (GMS)

CERTIFICATE OF SERVICE I, Christopher A. Selzer, hereby certify that on January 15, 2008 a true and correct copy of Defendant Cianbro Corporation's Initial Disclosures Pursuant To Federal Rule Of Civil Procedure 26(A)(1) was served via first class mail upon the following counsel: Robert Daniel Ardizzi, Esq. Davis, Bucco & Ardizzi 901 N. Market Street, Suite 700 Wilmington, DE 19801 Sandra G. M. Selzer, Esq Greenberg Traurig, LLP 1007 N. Orange Street, Suite 1200 The Nemours Building Wilmington, DE 19801

McCARTER & ENGLISH, LLP /s/Christopher A. Selzer Christopher A. Selzer, Esq. (#4305) 405 N. King Street, 8th Floor Wilmington, DE 19801 (302)984-6300 (302)984-6399 fax Counsel for Defendant Cianbro Corporation Date: January 15, 2008

ME1 7052094v.1 ME1 7057184v.1