Free Notice (Other) - District Court of California - California

Case 4:07-cv-04408-CW

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1 John H. Stephens, SBN 082971 [email protected] 2 WERTZ McDADE WALLACE MOOT & BROWER A Professional Corporation 3 945 Fourth Avenue San Diego, California 92101 4 (619) 233-1888 / Fax: (619) 696-9476 5 Attorneys for Defendant/Crosscomplainant/Cross-defendant 6 CALIFIA DEVELOPMENT CORP. dba CDC INSURANCE SERVICES 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 MIDWEST TRANSPORT, INC. a Delaware 12 Corporation, 13 14 v. Plaintiff, CASE NO. C 07-4408 (CW) DEFENDANT/CROSS-COMPLAINANT CALIFIA DEVELOPMENT CORP.'S RULE 26(a)(1) INITIAL DISCLOSURES

15 FCE BENEFIT ADMINISTRATORS, INC., a California Corporation; and CALIFIA 16 DEVELOPMENT CORP., d/b/a CDC Insurance Services, a California Corporation, 17 Defendants. 18 _____________________________________ 19 AND RELATED CROSS-ACTIONS. 20 21

Judge: The Honorable Claudia Wilkin Courtroom: 2

Defendant/Cross-complainant/Cross-defendant Califia Development Corp. (hereinafter,

22 "CDC") respectfully submits its initial disclosures pursuant to Federal Rule of Civil Procedure 23 26(a)(1). 24 25 I. PRELIMINARY STATEMENT

These initial disclosures are based on information presently available to CDC. Therefore,

26 it is necessarily limited by the records and information presently recollected and thus far 27 discovered in the course of preparing this disclosure. CDC reserves the right to produce at trial 28 and make reference to any evidence, facts, documents or information not yet discovered, or the
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1 relevance of which has not yet been identified, by CDC. CDC reserves the right to amend, 2 supplement or otherwise modify these disclosures at any time should additional information 3 become available. CDC has not completed its investigation or discovery relating to this case and 4 has not completed its preparation for trial. 5 The identification herein of individuals likely to have discoverable information that CDC

6 may use to support its claims is not, and should not be interpreted as, an admission by CDC that 7 the identified individuals actually have personal knowledge of relevant information and may 8 appear as witnesses at trial. 9 10
WERTZ MCDADE WALLACE MOOT & BROWER

II.

THE INITIAL DISCLOSURES A. Identification of Individuals Likely to Have Discoverable Information

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A Professional Corporation 945 Fourth Avenue San Diego, California 92101 Tel (619) 233-1888 · Fax (619) 696-9476

Al Bentley c/o Wertz McDade Wallace Moot & Brower, APC 945 Fourth Avenue San Diego, California 92101 619-233-1888 Mr. Bentley has knowledge concerning the relationship between CDC, Midwest and FCE, including communications between these entities, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Carol Pelak c/o Wertz McDade Wallace Moot & Brower, APC 945 Fourth Avenue San Diego, California 92101 619-233-1888 Ms. Pelak has knowledge concerning the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Ken Hohlbaugh Midwest Transport, Inc. 205 S. Cross Street Robinson, Illinois 62454 618-544-3399

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WERTZ MCDADE WALLACE MOOT & BROWER

Mr. Hohlbaugh is the president of Midwest and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Ed Smith Midwest Transport, Inc. 205 S. Cross Street Robinson, Illinois 62454 618-544-3399 Mr. Smith is the CFO of Midwest and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Chris Ulrich Midwest Transport, Inc. 205 S. Cross Street Robinson, Illinois 62454 618-544-3399 Ms. Ulrich is the human resources manager of Midwest and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. John Elmore Midwest Transport, Inc. 205 S. Cross Street Robinson, Illinois 62454 618-544-3399 Mr. Elmore is responsible for Midwest's legal department and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Teresa Goldman Midwest Transport, Inc. 205 S. Cross Street Robinson, Illinois 62454 618-544-3399

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A Professional Corporation 945 Fourth Avenue San Diego, California 92101 Tel (619) 233-1888 · Fax (619) 696-9476

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WERTZ MCDADE WALLACE MOOT & BROWER

Ms. Goldman is responsible for Midwest's payroll department and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Marilyn Ward, Esq. 3615 Capistrano Trail Austin, Texas 78739 512-282-8253 Ms. Ward is a co-trustee of the plan and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Vivian Lewis, Esq. 3615 Capistrano Trail Austin, Texas 78739 512-282-8253 Ms. Lewis is a co-trustee of the plan and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Gary Beckman FCE 887 Mitten Road Burlingame, CA 94010 Mr. Beckman is the president of FCE and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Diane Lapin FCE 887 Mitten Road Burlingame, CA 94010

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A Professional Corporation 945 Fourth Avenue San Diego, California 92101 Tel (619) 233-1888 · Fax (619) 696-9476

Ms. Lapin is the Vice President of Client Management. Ms. Lapin has knowledge 27 concerning the formation of the plan. 28
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Albert Yam FCE 887 Mitten Road Burlingame, CA 94010 Mr. Yam is an actuary with FCE and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Lou Kent FCE 887 Mitten Road Burlingame, CA 94010 Mr. Kent is FCE's chief actuary and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Weihan Chang FCE 887 Mitten Road Burlingame, CA 94010 Mr. Chang is an actuary with FCE and has knowledge of the relationship between CDC, Midwest and FCE, including communications between these entities, in addition to knowledge concerning the formation, terms, funding and termination of the plan. Frank (Last name unknown) FCE 887 Mitten Road Burlingame, CA 94010 Has knowledge concerning the termination of the plan.

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A Professional Corporation 945 Fourth Avenue San Diego, California 92101 Tel (619) 233-1888 · Fax (619) 696-9476

B.

A Description by Category and Location of All Documents, Data Compilations and Tangible Things in Control of CDC That It May Use to Support its Claims and Defenses.

Copies of CDC's documents, data compilations and tangible things are enclosed herewith. All

26 CDC reserves the right to produce additional documents at a later date, if necessary. 27 documents produced by CDC are subject to the Parties' confidentiality agreement. 28 / / /
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C.

Insurance Agreements

CDC's insurance policy is produced herewith. D. Damages

To the extent CDC is found liable to plaintiff for any damages, it seeks indemnification for

5 such damages from FCE. CDC's investigation and discovery are continuing. 6 7 Dated: April 8, 2008 8 9 10
WERTZ MCDADE WALLACE MOOT & BROWER

WERTZ McDADE WALLACE MOOT & BROWER A Professional Corporation

By:

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A Professional Corporation 945 Fourth Avenue San Diego, California 92101 Tel (619) 233-1888 · Fax (619) 696-9476

/s/ John H. Stephens John H. Stephens Attorneys for Defendant CALIFIA DEVELOPMENT CORP. dba CDC INSURANCE SERVICES

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