Free Initial Disclosures - District Court of Delaware - Delaware

Case 1 :04-cv-01228-GIVIS Document 25 Filed 10/11/2005 Page 1 of 4
I
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MPI MECHANICAL, INC., :
immarr, 2
1 : Case No. 04-1228 GMS
p v. :
1 FEDERAL INSURANCE COMPANY, :
Defendant.
Y
Q MPI MECHANICAL, INC.'S INITIAL DISCLOSURES
l L The Plaintiff, MPI Mechanical, Inc. ("MPI"), by and through its undersigned counsel,
submits its initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1):
I. Pursuant to Fed.R.Civ.P. 26(a)(1)(A), the following individuals, upon information
and belief, have or possess discoverable information regarding l\/[PI’s claims against Federal
Insurance Company:
A. Richard Menton I
President
l\/lPI Mechanical, Inc.
c/o Cohen Seglias Pallas Greenhall & Furman, P.C.
1515 Market Street, Suite 1100
Philadelphia, Pennsylvania 19102
(215) 564-1700
Mr. Menton will testify about the construction of the Water Supply
Reservoir Proj ect for the City of Newark (the "Pr0j ect"). He may also
testify regarding Proj ect invoicing, payments received by MPI, MPI’s
claim under the bond provided by Federal Insurance Company and the
damages suffered by MPI.

Case 1 :04-cv-01228-GIVIS Document 25 Filed 10/11/2005 Page 2 of 4
B. John Joachimowski
Proj ect foreman
( MPI Mechanical, Inc.
c/0 Cohen Seglias Pallas Greenhall & Furman, P.C.
i 1515 Market Street, Suite 1 100 (
Philadelphia, Pennsylvania 19 102
(215) 564-1700
Mr. J oachimowski will testify about the construction of the Project.
A C. Judy Gregory
Office manager
MPI Mechanical, Inc.
’ c/0 Cohen Seglias Pallas Greenhall & Furman, P.C.
. 1515 Market Street, Suite 1 100
1 Philadelphia, Pennsylvania 19102
(215) 564-1700
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Ms. Gregory will testify about MPI’s invoicing related to the Proj ect and
payments received by l\/IPI for work performed on the Proj ect.
A D. Carol Houck
Assistant City Manager
City of Newark
220 Elkton Road
Newark, Delaware 1971 5
(302) 766-3022
Ms. Houck will testify about the City of Newark’s payments to Donald M.
Durkin Contracting, Inc. ("Durkin") and MPI for work performed by MPI
on the Proj ect.
E. MPI reserves the right to identify additional individuals if it is discovered that
such persons are likely to have discoverable information.
II. Pursuant to Fed.R.Civ.P. 26(a)(1)(B), MPI may rely upon the following
documents in support of its claims:
A. May 10, 2002 Contract between MPI and Durkin, which was attached to
lVIPI’s Complaint as Exhibit A;
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Case 1 :04-cv-01228-GIVIS Document 25 Filed 10/11/2005 Page 3 of 4
B. Payment Bond provided by Federal Insurance Company guaranteeing
payments from Durkin to its subcontractors on the Proj ect, which was
attached to MPI’s Complaint as Exl1ibit B;
C. Correspondence between MPI, Durkin, Federal Insurance Company,
and/or the City of Newark;
D. Applications for Payment;
E. Records of Payments received from Durkin;
F. Change Order Requests; i
G. Change Orders;
H. Scheduling Documentation;
I. Proj ect Costing Documents;
J. Daily Project Log Books;
K. Photographs;
L. Plans and Specifications for the Project; and
M. MPI reserves the right to identify additional documents if and when they
are discovered.
III. Pursuant to Fed.R.Civ.P. 26(a) (1) (C), MPI’s damages are calculated as
follows:
During the course of its performance on the Project, l\/[PI supplied labor and materials to
Durkin on the Project valued in excess of $$94,055.25. MPI invoiced the amount of
$594,055 .25 to Durkin and was paid only $$03,800.20, leaving a balance of $90,255.05 due and
owing to MPI. Subsequently, the City of Newark made a payment of $5 8,986.82 directly to MPI.
Currently, a balance of $31,268.23 remains due to MPI for work performed at the Project.
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l Case 1:04-cv-01228—GI\/IS Document 25 Filed 10/11/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MPI MECHANICAL, INC., :
Plaintiff,
1 : Case No. 04-1228 GMS
1 V. :
A FEDERAL INSURANCE COMPANY, :
q Defendant.

J CERTIFICATE OF SERVICE
1 I, John J. Graham, Jr., hereby certify that on October _U_, 2005, a true and accurate copy
l of the Initial Disclosures of MPI Mechanical, Inc. was served via U.S. First Class Mail, postage
prepaid, upon the following:
Patrick R. Kingsley, Esquire
Stradley, Ronon, Stevens & Young, LLP
2600 One Commerce Square
Philadelphia, PA 19103-7098
` l J. Iééiamigi g
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