Free Notice of Service - District Court of Delaware - Delaware

Case 1:06-cv-00055-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TESLA INDUSTRIES, INC., Plaintiff, v. DAVID C. WALDMANN, LYNDOL W. HOLLINGSWORTH, CHARLES MINNICK a/k/a CHUCK MINNICK, and NEW MILLENNIUM TOOLS, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 06-055-GMS

PLAINTIFF TESLA INDUSTRIES, INC.'S FOURTH AMENDED DISCLOSURES PURSUANT TO RULE 26(a)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE

Pursuant to Federal Rule of Civil Procedure 26(a)(1), Tesla Industries, Inc. makes the following amended disclosures in this action. Further discovery, investigation and research may produce additional relevant facts which may lead to changes in the disclosures set forth below. Although these disclosures are complete to the best of Plaintiff's knowledge, these disclosures are given without prejudice to Plaintiff's right to produce additional relevant evidence that may come to light during the course of this action. Furthermore, the disclosures are made without prejudice to Plaintiff's right to use or rely at trial or hearing on subsequently discovered information or on information omitted from these disclosures as a result of good faith oversight, error or mistake. Neither the fact of these disclosures nor their content is intended to be in any manner inconsistent with the Plaintiff's allegations in this action. (A) THE NAMES, AND IF KNOWN, CONTACT INFORMATION OF PERSONS LIKELY TO HAVE DISCOVERABLE INFORMATION PLAINTIFF MAY USE TO SUPPORT ITS CLAIMS OR DEFENSES, UNLESS SOLELY FOR IMPEACHMENT David J. Masilotti (to be contacted only through the undersigned counsel) 109 Centerpoint Boulevard New Castle, Delaware 19720-4180 Mr. Masilotti has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims.

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Truee Dorsey (to be contacted only through the undersigned counsel) 109 Centerpoint Boulevard New Castle, Delaware 19720-4180 Ms. Dorsey has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Frank Mooney (to be contacted only through the undersigned counsel) 109 Centerpoint Boulevard New Castle, Delaware 19720-4180 Mr. Mooney has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Daniel Roscioli (to be contacted only through the undersigned counsel) 109 Centerpoint Boulevard New Castle, Delaware 19720-4180 Mr. Rioscioli has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Joseph Talbot (to be contacted only through the undersigned counsel) 109 Centerpoint Boulevard New Castle, Delaware 19720-4180 Mr. Talbot has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Defendant Charles Minnick Mr. Waldmann has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Defendant Lyndol Hollingsworth Mr. Hollingsworth has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Defendant David Waldmann Mr. Waldmann has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Mrs. David Waldmann 6 Robin Road Malvern, PA Mrs. Waldmann has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims.

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Kent Huffman Phoenix Lamar Corporation/ DC Power Equipment LLC 8868 Research Boulevard, Austin, TX 78758 Mr. Huffman has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Mitchell Savrick, Esq. Savrick, Schumann, Johnson & McGarr 2901-G Bee Caves Road Austin, Texas 78786 Mr. Savrick has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Butch Hyden P.O. Box 7492 Newark, DE 19714 Mr. Hyden has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Kenneth Gabriel 32530 B Rancho Vista Cathedral City, CA 92234 Mr. Gabriel has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. David W. Gresk 654 Sunset Avenue Franklinville, NJ 08322 Mr. Gresk has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Mr. Roberto Morales (to be contacted only through the undersigned counsel) 109 Centerpoint Boulevard New Castle, DE 19720-4180 Mr. Morales has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Mr. William Kern 9 Farragut Lane New Castle, DE 19720 Mr. Kern has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims.

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Reynaldo G. Batipps Electronic Engineer Dept. of Defense Pioneer Program 47042 Tate Road Building 301 Room 216R Patuxent River, MD 20670 Mr. Batipps has knowledge relevant to Plaintiff's claims and its defenses to the counterclaims. Walter Lassiter NAVAIR's Unmanned Aerial Systems Support Equipment Assistant Program Lead Highway 547 Code 6761 Building 596 Second Floor Lakehurst NJ 08733-5018 Mr. Lassiter has knowledge relevant to Plaintiff's claims and its defense to the counterclaims. Dennis J. Barone 1540 Cleland Course Cleland Hghts Wilmington DE 19805-0000 Mr. Barone has knowledge relevant to Plaintiff's claims and its defense to the counterclaims. Second Address for Dennis Barone 631 Wynn Wood Circle Camden DE 19934 Roger Guillemete 11 Gull Circle Northeast, MD 21901 Mr. Guillemete has knowledge relevant to Plaintiff's claims and its defense to the counterclaims. Angel Acevedo 2008 Ashkirk Drive Newark, DE 19702 Mr. Acevedo has knowledge relevant to Plaintiff's claims and its defense to the counterclaims.

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Donald Stewart 2619 14th Avenue Moline, Illinois 61265 Mr. Stewart has knowledge relevant to Plaintiff's claims and its defense to the counterclaims.

(B) THE DESCRIPTION AND LOCATION OF DOCUMENTS, DATA COMPILATIONS, AND TANGIBLE THINGS THAT ARE IN THE CUSTODY AND CONTROL OF THE PLAINTIFF Descriptions of the documents are as follows: (1) emails, phone messages, correspondence, shipping documents, phone records fax records, and other documents relating to communications and the delivery of tangible things between Defendant Waldmann and one or more NMT Defendants ; (2) emails, phone messages, fax records, account documents and other documents relating to Tesla Industries accounts for California Department of Forestry, TACOM, and U.S. Special Forces procurement at Fort Campbell, Kentucky; (3) documents made Exhibits to the Verified Complaint and the Limited Deposition of David Waldmann ; (4) office memoranda and other documents relating to Tesla Industries' confidentiality and security procedures and the confidential nature and value of Plaintiff's confidential information and trade secrets; and (5) documents produced previously in this case.

(C)

COMPUTATION OF DAMAGES Tesla Industries' damages in this matter are not fully liquidated and are ongoing.

Damages are believed to fall into the following non-exclusive categories: (a) out of pocket expenses;

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(b) lost production and delays in delivery; (c) loss of prototypes, drawings, technical data and supplies; (d) lost employee and officer time and productivity; (e) lost sales; (f) attorney fees to the extent recoverable.

(D)

INSURANCE Not Applicable.

Dated: December 12, 2006

WERB & SULLIVAN /s/ DRAFT Brian A. Sullivan (DE #2098) Robert D. Wilcox (DE #4321) Amy D. Brown (DE #4077) 300 Delaware Avenue, 13th Floor P.O. Box 25046 Wilmington, DE 19899 Telephone: (302) 652-1100 Facsimile: (302) 652-1111 E-mail [email protected] and Paul E. Crawford (DE # 493) Connolly Bove Lodge & Hutz LLP 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 (302) 888-6262 (302) 658-5614 (Facsimile) Attorneys for Tesla Industries, Inc.

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CERTIFICATE OF SERVICE

I hereby certify that on December 12, 2006, I caused one copy of the foregoing document to be served upon the persons listed below in the manner indicated:

VIA FIRST CLASS MAIL John A. Adams, Esq. Susanin, Widman & Brennan, P.C. 455 S. Gulph Road, Suite 240 King of Prussia, PA 19406

VIA HAND DELIVERY John D. Demmy, Esq. Stevens & Lee, P.C. 1105 North Market St., 7th Floor Wilmington, DE 19801

VIA FIRST CLASS MAIL Louis S. Mastriani, Esq. Rodney R. Sweetland, III, Esq. David F. Nickel, Esq. Adduci,Mastriani & Schaumberg, LLP 1200 Seventeenth Street, N.W. Fifth Floor Washington, DC 20036-3006

VIA HAND DELIVERY Steven J. Balick, Esq. John G. Day, Esq. Lauren E. Maguire Ashby & Geddes 222 Delaware Avenue, 17th Floor Wilmington, DE 19801

/s/Brian A. Sullivan Brian A. Sullivan (#2098)