Free Motion to Compel - District Court of Delaware - Delaware

Case 1:07-cv-00674-SLR-LPS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN J. DOUGHERTY, Plaintiff, v. ALAN BLIZE, and ASDI INCORPORATED, a Delaware Corporation Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 07-674-SLR/LPS

DEFENDANTS' MOTION TO COMPEL DISCOVERY RESPONSES Defendants Alan Blize and ASDI Inc. ("ASDI"), by and through their undersigned counsel and pursuant to Rule 37 of the Federal Rules of Civil Procedure, hereby move for the entry of an Order compelling Plaintiff John J. Dougherty, to respond fully and completely to document requests and interrogatories propounded by Defendants. The grounds for this motion are as follows: 1. On February 27, 2008, Defendants served on Plaintiff a set of document

requests (D.I.18) (Exhibit 1), and a set of Interrogatories (D.I. 19) (Exhibit 2). 2. On March 27, 2008, Plaintiff served incomplete answers to Defendants'

First Set of Interrogatories (D.I. 24) (Exhibit 3), and incomplete responses to Defendants' First Request for Production (D.I. 25) (Exhibit 4). Plaintiff makes baseless objections and, to the limited extent any response is provided, such response is evasive and incomplete. 3. In a letter dated April 16, 2008, Defendants informed Plaintiff of their

contention that Interrogatories 1-5, 7-10, and 12, as well as Document Requests 6 and 9 were deficient. (Exhibit 5). Defendants' letter provided a thorough explanation of the grounds for each asserted deficiency. Defendants requested Plaintiff supplement his responses where deficient on or before April 21, 2008. No response was received by that date. 1
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4.

At 5 p.m. on Friday, April 25, 2008, the undersigned received via e-mail a

letter from Plaintiff's counsel. (Exhibit 6). The letter did not provide any of the information requested. Instead, using terms such as "bad faith," and "insincere" plaintiff's counsel asserts that Defendants' requests were "deliberately designed" to circumvent their discovery obligations and characterizes the requests as a continued "rant" by defense counsel. (Exhibit 6 at pp.1, 3, 5, and 6). 5. The information sought by Defendants is well within the scope of

permissible discovery. For example, Plaintiff refuses to provide the date upon which he applied for unemployment. (Exhibit 3 at No. 4). Plaintiff further refuses to provide information about his mitigation efforts. (Exhibit 3 at No. 6). 6. Most troubling is Plaintiff's repeated refusal to provide the damages

information required by Rule 26(a) of the Federal Rules of Civil Procedure and later requested by written Interrogatory. (D.I. 10 at p.4(E); Exhibit 3 at No. 2). Defendants have made numerous requests for Plaintiff's damages calculations. (Exhibits 7, 9, 11, 13, and 14).1 Plaintiff has responded to each request with either no information or information limited to Count I of the Complaint. (Exhibits 8, 10, and 12). Plaintiff has provided no damages information as to Counts II ­ VI of the Complaint. 7. As a result of Plaintiff's repeated refusal to comply with his discovery

obligations, Defendants have had to divert an inordinate amount of time away from the merits of this case to address collateral discovery issues. Further, Plaintiff's refusal to provide any damages information has precluded the parties from any reasonable effort of settlement, should

1

Where correspondence between counsel has been cited as an Exhibit, the entire piece of correspondence has been included but the cited portion of the text has been indicated so to make the referenced material easier to locate.

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they be so inclined. Consequently, Defendants have incurred additional fees and costs, for which they now seek reimbursement. 8. Pursuant to Local Rule 7.1.1, the undersigned hereby attests and avers

that numerous efforts have been made to resolve this matter with opposing counsel but, as set forth above and in the attached exhibits, has been unable to obtain a reasonable resolution. WHEREFORE, Defendants Alan Blize, and ASDI Inc. respectfully request that this Court enter an Order in the form attached hereto, compelling Plaintiff John J. Dougherty to respond fully and completely to their Interrogatories and Document Requests to order Plaintiff to pay Defendants' reasonable attorney's fees incurred in connection with this motion.

YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Margaret M. DiBianca, Esq. Barry M. Willoughby (Bar I.D. 1016) Margaret M. DiBianca (Bar I.D. 4539) The Brandywine Building, 17th Floor 1000 West Street P.O. Box 391 Wilmington, Delaware 19899-0391 Telephone: (302) 571-5008 Facsimile: (302) 576-3476 E-mail: [email protected] Attorneys for Defendants DATE: May 15, 2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN J. DOUGHERTY, Plaintiff, v. ALAN BLIZE, and ASDI INCORPORATED, a Delaware Corporation Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 07-674-SLR/LPS

ORDER AND NOW, this _____ day of ________, 2008, the Court having heard Defendants' Motion to Compel Discovery Responses, IT IS HEREBY ORDERED as follows: 1. Plaintiff shall answer Interrogatories numbered 1-5, 7-10, and 12 in

Defendants' First Set of Interrogatories Directed to Defendants. 2. Plaintiff shall respond fully to all document production requests, including

but not limited to, Requests 6 and 9 of Defendants' First Request for Production of Documents Directed to Plaintiff. 3. 4. All of the foregoing answers and responses shall be without objection. All of the foregoing answers and responses shall be denominated

"Plaintiff's First Supplemental Answers" or "Plaintiff's Second Supplemental Responses" and shall be added below previous answers or responses so that all discovery answers and responses are contained within one document. 5. 2008; and The foregoing shall be served on or before _____________ ______,

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6.

Plaintiff shall pay to Defendants' counsel the sum of $_______________

as reasonable counsel fees and the sum of $_______________ in costs incurred in connection with the preparation and presentation of Defendants' Motion to Compel Discovery Responses.

United States Magistrate Judge

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EXHIBIT 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN J. DOUGHERTY, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-674-SLR

ALAN BLIZE and ASDI INCORPORATED, a Delaware Corporation, Defendants.

DEFENDANTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Defendants hereby request that Plaintiff produce to the offices of Young Conaway Stargatt & Taylor, LLP, on or before thirty (30) days from the date of receipt of this Request, the following documents: DEFINITIONS AND INSTRUCTIONS A. The word "document" or "documents" as used herein is employed in the

broadest possible sense and shall include without limitation the original and any non-identical copy of any written, printed, typed, photographic, recorded or graphic matter, however produced or reproduced, including but not limited to, any correspondence, memoranda, notes, logs, telegrams, videotapes, audiotapes, tape recording, reports, diaries, transcripts of telephone or other conversations or any other writings of any nature whatsoever, other photographic and retrievable matter (whether taped or coded, electrostatically, electromagnetically, or otherwise) in possession, custody or control of the above-named Plaintiff and/or his attorneys. B. "Person" refers to the plural as well as the singular of any natural person,

firm, corporation, association, group, partnership or organization, unless specifically stated otherwise. 1
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C.

"You" and "your," as used in this Request, shall mean the Plaintiff, his

agents, and all other persons acting on his behalf, including his attorneys. D. If you claim that the attorney-client, attorney work product, or any other

privilege applies to any document which is sought by this Request, then with respect to that document: (1) (2) (3) preparation of the document; (4) Identify each and every person for whom the document was State the date of the document; Identify the author(s) of the document; Identify each and every person who prepared or participated in the

intended as either an addressee or the recipient of a copy; (5) Identify each and every person who has ever had possession of the

document if other than the person identified in (4); and (6) State the factual and legal basis for the claimed privilege, or

specific statutory authority which provides the claimed ground for non-production. E. This Request shall be deemed continuing so as to require further

supplemental production in the event Plaintiff, or any attorney, agent, representative or professional employed by Plaintiff in connection with this litigation obtains or discovers additional documents between the time of initial production and the time of hearing or trial. REQUESTS 1. All audio or videotapes, tape recordings, notes, diaries, logs, calendars,

chronologies, reports of investigation, and other documents taken, made, or prepared by you or

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on your behalf concerning any fact in issue in this case including without limitation summaries, statements, or recorded interviews of any person concerning any matter in issue in the pleadings. 2. All correspondence between Plaintiff and Defendants referring or relating

to any of Plaintiff's claims against Defendants. 3. All correspondence between Plaintiff and any other person or entity (other

than privileged documents) referring or relating to any of Plaintiff's claims against Defendants. 4. All documents which you contend form the factual basis for or support

your contention that Defendants committed any wrongful act, unlawful discrimination, and/or unlawful retaliation. 5. All documents (including those that support any claim for punitive or

liquidated damages) establishing, supporting, evidencing, referring or relating to any relief Plaintiff seeks in his Complaint, including but not limited to, all pecuniary or financial losses such as lost income, salary, bonus or other compensation, benefits, damages for personal or bodily injury or for emotional distress, and/or any injunctive or other non-pecuniary relief Plaintiff requests. 6. All documents which relate or refer to your employment with Defendants,

including, but not limited to, all documents concerning any alleged changes in your working conditions, assignments, changes in your rate of pay, and evaluations or other documents concerning your performance. 7. Copies of all medical records of each physician, psychologist, psychiatrist,

or other health care provider for treatment or consultations with Plaintiff for physical or emotional injuries allegedly sustained as a result of the facts alleged in the Complaint.

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8.

All income records for the past ten years, whether employed or self-

employed, including copies of all federal and state income tax returns with attached schedules. 9. All documents concerning your efforts to secure employment in any job or

position made any time during or after your employment with Defendants, including without limitation correspondence, employment applications, resumes, curriculum vitae ("CV"), or biographical sketches sent to any prospective employer, employment agency, employment search firm, recruiter, temporary staffing firm, or vocational counselor and/or all documents you received from any prospective employer or employment agency. 10. All reports, correspondence, letters or any other documents you have sent

to or received from any person you have identified as an expert in connection with the facts in issue in the pleadings, including without limitation any such documents that you contend support any allegation you make against Defendants. 11. Any reports or other documents supplied to you by any person employed

by you as an expert witness in this case including any documents containing opinions and/or facts on which opinions are based concerning any aspect of the matter in litigation. 12. Copies of any report or other documents by any person you contend is an

expert containing opinions and/or facts on which these opinions are based concerning any matter in issue in this case. 13. All documents identified or referred to, in your answers to Defendants'

First Set of Interrogatories Directed to Plaintiff. 14. Any other document or thing in your possession or available to you, in

addition to the items specified in previous sections of this request for production which is

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relevant to any issue in the litigation, including but not limited to issues of liability and/or damages.

YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Barry M. Willougby Barry M. Willoughby, Esquire (I.D. No. 1016) Margaret M. DiBianca, Esquire (I.D. No. 4539) The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391 Telephone: (302) 571-6666; 5008 Facsimile: (302) 576-3345; 3476 E-mail: [email protected]; [email protected] Attorneys for Defendants Dated: February 26, 2008

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EXHIBIT 2

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOHN J. DOUGHERTY, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-674-SLR

ALAN BLIZE and ASDI INCORPORATED, a Delaware Corporation, Defendants.

DEFENDANTS' FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF Defendants, pursuant to Rule 33 of the Federal Rules of Civil Procedure, hereby propound and serve the following written interrogatories to be answered under oath 30 days after service of these interrogatories. These interrogatories are deemed to be continuing, the answers to said interrogatories are to be kept current so as to require further or supplemental answers between the time the interrogatories are served and the time of hearing or trial. If any of the interrogatories cannot be answered in full, they should be answered to the extent possible. Please answer each question separately and fully in writing, under oath, and serve a copy on the attorney whose name and address is attached on the last page hereof. INSTRUCTIONS 1. For each document asserted to be privileged or otherwise excludable from

discovery, the document shall be identified, and the basis for such claim of privilege or other ground for exclusion shall be stated. 2. For any document no longer in existence or which cannot be located,

identify the document; state how and when it passed out of existence or why it can no longer be located and the reasons therefore, and identify each person having knowledge concerning such

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disposition or loss and each document evidencing its prior existence and/or any fact concerning its nonexistence or loss. 3. Unless otherwise specified, each interrogatory relates to, covers, and

requests information for any and all periods prior to the date answers are filed, and each requires a continuing answer. 4. Whenever you are requested to give a date, give the exact day, month, and

year, but if you cannot do so, give your best estimate thereof. 5. You are requested seasonably to supplement or amend your responses to

these interrogatories based upon any and all information obtained after filing such responses. 6. "Describe in detail," or words of similar import, means to state what is

requested to be described including each opinion or contention that relates to facts or the application of law to the facts known and held concerning what is requested to be described, including (i) the identity of each person you believe to have any knowledge of each fact and/or opinion relating to what is described, (ii) the identity of each document evidencing the answer given or in any way related to, reflecting, evidencing, or arising out of what is disclosed in your answer, and (iii) all relevant or material dates or time periods. INTERROGATORIES 1. Please identify each and every person who has, or may have, knowledge of any fact that supports or refutes any claim or defense in this action, and for each such person, state the following: (a) name; (b) last known home address and telephone number; (c) last known employer; (d) last known employer's address; and (e) a detailed explanation of the relevant facts about which the individual may have knowledge or other information. ANSWER:

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2. Describe in detail each way in which you contend you were injured by Defendants, including, but not limited to, (a) stating the total amount of damages claimed; (b) itemizing the amount of each element of damages claimed; (c) stating all facts or groups upon which you rely to support each element of damages claimed; and (d) stating the methods, theories and calculations by which you arrived at the claimed dollar amounts of each element of damages claimed. ANSWER:

3. Identify any and all facts which you contend support your claim that Alan Blize constitutes an "employer" or "Plan Administrator" as asserted in Counts One through Six of your Complaint. ANSWER:

4. State whether you have ever previously been a party or a witness in a lawsuit, other court proceeding, or administrative agency, either criminal or civil, and, if so, (a) state the style of each such matter; (b) the date on which it was filed and the name of the filing party; (c) the court or agency with which it was filed; (d) and describe the nature and the outcome of each such matter. ANSWER:

5. Please identify all communications relating to the subject matter of this action between you and Defendants, or any representative or agent thereof, at any time since Friday, December 29, 2006, and for each communication please state: (a) the date(s) and time(s); (b) the representative or agent; (c) the substance of the communication; and (d) who initiated the communication. ANSWER:

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6. Please identify the date upon which you contend that your employment with Defendant ASDI was terminated and explain the reasons for such conclusion. ANSWER:

7. Identify each person or entity with which you have sought employment from December 2006 to the present, including: (a) the name of the employer; (b) the employer's address; (c) whether you received an offer of employment; (d) if you received an offer, the starting salary; and, if you accepted the offer, whether you are still employed by that employer. ANSWER:

8. For each source of income you have had since December 2006, please state: (a) the name, address and telephone number of the employer; (b) your title in each position; (c) dates of employment; and (d) monthly wages, salary, commission, or other earnings; and (e) other relevant description of sources not considered employment. ANSWER:

9. Please identify with specificity each fact that you contend supports the claim asserted in Count Four of your Complaint, including but not limited to: (a) the identity of the "public body," as that term is defined in 19 Del. C. § 1702, and, if applicable, the employee of Defendant ASDI or agent thereof, to which you made a report; (b) the report was made verbally or in writing and the substance and content of the same; (c) the action or actions taken by Defendants that you contend constitutes discrimination and the harm incurred as a result of such discrimination; and (d) the state, federal, or local law that you contend was materially inconsistent with the behavior or conduct that you contend to have reported. ANSWER:

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10. Identify any and all requests you made to Defendants with regard to documents relating to your health care plan, to the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), and any document likely contained in your personnel file or otherwise in the possession of Defendants, including the date or dates upon which such request or requests were made, to whom the request was made, whether the request was made verbally or in writing, the substance of such request or requests, and the response provided by Defendants. ANSWER:

11. Describe in detail the meeting held on or about January 2, 2007, which you, Defendant Blize, Michael Regusters, and others attended regarding a project for Defendant ASDI-client Cephalon, including but not limited to (a) the identities of the persons in attendance; (b) the approximate time and duration of the meeting; (c) the location of the meeting; (d) the purpose of the meeting, as explained to you and as you perceived it to be; (e) the substance of the discussion including what comments were made by which individuals; (f) how the meeting was concluded; (g) what were your actions in the final moments of the meeting and after the conclusion thereof. ANSWER:

12. If you contend that Defendants have made any admissions with respect to the subject matter involved in this action, please state the substance of such admission(s), identify the person(s) who made the admission, the date(s) upon which each admission was made, and identify all witnesses to the admission. ANSWER:

13. Identify each and every person from whom you or any person acting on your behalf has obtained letters or written or tape recorded statements regarding facts relating to the allegations in the Complaint and describe the substance of those communications. ANSWER:

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14. Identify any expert you expect to call as an expert witness at trial and; state the subject matter on which the expert is expected to testify; provide a summary of the facts and opinions to which the expert is expected to testify; and give a summary of the grounds for each opinion, as required under Court Rules. ANSWER:

15. Identify each expert retained or employed by you in anticipation of this litigation or preparation for trial; whether or not you expect to call him/her as a witness at trial; and for each such person state the date of initial employment and identify any reports, letters, other documents or memoranda, photographs, models or other tangible objects prepared by such expert. ANSWER:

16. Identify and attach to your answers to these Interrogatories any documents referred to or relied upon in the preparation of, or previously identified in, the responses to these Interrogatories. ANSWER:

YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Barry M. Willoughby Barry M. Willoughby, Esquire (Bar I.D. 1016) Margaret M. DiBianca, Esquire (Bar I.D. 4539) The Brandywine Building, 17th Floor 1000 West Street Wilmington, Delaware 19801-0391 Telephone: (302) 571-6666; 5008 Facsimile : (302) 576- 3345; 3476 E-mail: [email protected]; [email protected] Attorneys for Defendants Dated: February 26, 2008 6
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EXHIBIT

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BEN T. C ASTLE SHELDON N. S ANDLER RICHARD A. LEVINE RICHARD A. ZAPPA FREDERICK W. IOBST RICHARD H. M ORSE DAVID C. MCBRIDE JOSEPH M. N ICHOLSON CRAIG A. K ARSNITZ BARRY M. W ILLOUGHBY JOSY W. INGERSOLL ANTHONY G. FLYNN JEROME K. GROSSMAN EUGENE A. D IPRINZIO JAMES L. PATTON, JR. ROBERT L. THOMAS WILLIAM D. JOHNSTON TIMOTHY J. SNYDER BRUCE L. S ILVERSTEIN WILLIAM W. BOWSER LARRY J. TARABICOS RICHARD A. D ILIBERTO, JR. MELANIE K. SHARP CASSANDRA F. ROBERTS RICHARD J.A. POPPER TERESA A. CHEEK NEILLI MULLEN W ALSH JANET Z. CHARLTON ROBERT S. BRADY JOEL A. W AITE BRENT C. SHAFFER DANIEL P. JOHNSON CRAIG D. GREAR TIMOTHY J AY HOUSEAL MARTIN S. LESSNER PAULINE K. MORGAN C. BARR FLINN NATALIE WOLF LISA B. GOODMAN JOHN W. SHAW JAMES P. HUGHES, JR. EDWIN J. H ARRON MICHAEL R. NESTOR MAUREEN D. LUKE ROLIN P. BISSELL SCOTT A. HOLT JOHN T. DORSEY M. BLAKE CLEARY CHRISTIAN DOUGLAS WRIGHT DANIELLE G IBBS JOHN J. PASCHETTO NORMAN M. POWELL ELENA C. NORMAN EDMON L. MORTON JOHN E. TRACEY

THE BRANDYWINE BUILDING 1000 WEST STREET, 17TH FLOOR WILMINGTON, DELAWARE 19801
P.O. BOX 391 WILMINGTON, DELAWARE 19899-0391 (302) 571-6600 (800) 253-2234 (DE ONLY) FAX: (302) 571-1253
--------------

110 WEST PINE STREET P.O. BOX 594 GEORGETOWN, D ELAWARE 19947 (302) 856-3571 (800) 255-2234 (DE ONLY) FAX: (302) 856-9338
WWW.YOUNGCONAWAY.COM

JOSEPH M. BARRY RYAN M. BARTLEY SEAN M. BEACH SANJAY BHATNAGAR DONALD J. BOWMAN , JR. MICHELE SHERRETTA BUDICAK JEFFREY T. C ASTELLANO DOUGLAS T. COATS (MD ONLY ) KARA H AMMOND COYLE KRISTEN S ALVATORE DEPALMA MARGARET M. DIBIANCA MARY F. DUGAN ERIN EDWARDS KENNETH J. ENOS KERRIANNE M ARIE F AY IAN S. FREDERICKS JAMES J. G ALLAGHER WILLIAM E. G AMGORT SEAN T. GREECHER NATHAN D. GROW STEPHANIE L. H ANSEN JAMES L. H IGGINS PATRICK A. J ACKSON DAWN M. JONES KAREN E. KELLER SPECIAL COUNSEL JOHN D. MCLAUGHLIN, JR. KAREN L. P ASCALE SETH J. REIDENBERG PATRICIA A. W IDDOSS

JENNIFER M. K INKUS EDWARD J. KOSMOWSKI EVANGELOS KOSTOULAS JOHN C. KUFFEL TIMOTHY E. LENGKEEK ANDREW A. LUNDGREN MATTHEW B. LUNN ADRIA B. M ARTINELLI KATHALEEN MCCORMICK MICHAEL W. MCDERMOTT TAMMY L. MERCER MARIBETH L. M INELLA D. FON MUTTAMARA-W ALKER JENNIFER R. NOEL ADAM W. POFF ROBERT F. POPPITI, JR. SARA BETH A. REYBURN CHERYL A. S ANTANIELLO MONTÉ T. SQUIRE MICHAEL P. S TAFFORD CHAD S.C. S TOVER RICHARD J. THOMAS TRAVIS N. TURNER MARGARET B. WHITEMAN SHARON M. ZIEG SENIOR COUNSEL CURTIS J. CROWTHER OF COUNSEL BRUCE M. S TARGATT STUART B. YOUNG EDWARD B. M AXWELL, 2ND

DIRECT D IAL: (302) 571-5008 DIRECT FAX: (302) 576-3476 [email protected]

April 16, 2008 BY HAND DELIVERY Timothy Holly, Esq. Connolly Bove Lodge & Hutz, LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 Re: Dear Tim: I write to address some deficiencies pertaining to Plaintiff's Responses to Defendants' First Set of Interrogatories and Request for Production of Documents. Defendants assert that Plaintiff's discovery responses are inadequate, deficient and incomplete with respect to Interrogatories Nos. 1-5, 7-10, and 12, as well as Document Requests 6 and 9. Plaintiff's responses to the above-referenced discovery are deficient for the following reasons: 1. Interrogatory No. 1. Plaintiff failed respond to this Interrogatory except to identify the individuals by name. Please provide a complete response, including information responsive to the other subparts of this request. 2. Interrogatory No. 2. Defendants have made clear on several occasions their position that Plaintiff has the obligation to provide full and complete description of claimed damages. This was not provided in Plaintiff's Rule 26 disclosures but was partially provided upon Defendants' insistence. Plaintiff has still failed to provide any damages information relating to Counts Two-Six of his Complaint. Plaintiff objected to this Interrogatory and goes on to state that damages calculations cannot be provided until Defendants identify the date of Plaintiff's termination. Dougherty v. ASDI

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This assertion is without merit. Plaintiff's date of termination has no correlation to the damages he claims related to his Personnel File claim. A request to inspect a personnel file does not relate to or rely upon a date of termination. Further, Defendants have provided this information but Plaintiff still has not supplemented his answers with responsive information. Thus, Defendants again request that Plaintiff supplement his answers to include itemized calculations for each Count of Plaintiff's Complaint. 3. Interrogatory No. 3. This Interrogatory requests the facts upon which Plaintiff bases his claim that Defendant Blize is an "employer" and an "administrator" in accordance with the Fair Labor Standards Act ("FLSA") and the Consolidated Omnibus Budget Reconciliation Act ("COBRA"). Plaintiff objects on the ground that the Interrogatory "seeks legal conclusions." Plaintiff then directs Defendants to the allegations set forth in his Complaint. Rule 33(a)(2) of the Federal Rules of Civil Procedure expressly requires a party to respond to an interrogatory that requests opinions or conclusions of law. Furthermore, Plaintiff should refer to his Interrogatory No. 12 propounded to Defendants, which requests "all affirmative defenses" upon which Defendants intend to rely in defending against Plaintiff's claim. Certainly, there can be no more "legal" a question than this. Defendants fail to understand how Plaintiff is able to object, then, to this Interrogatory on the basis that it "seeks legal conclusions." Thus, Plaintiff's objection on this basis is without merit. Additionally, Plaintiff's Complaint provides no information whatsoever to support the conclusion that Defendant Blize was an "employer" or "administrator." Therefore, the only answer provided by Plaintiff's response to Interrogatory No. 3 is that there are no facts to support such a finding. If this is not Plaintiff's intended response, his answers should be updated accordingly. 4. Interrogatory No. 4. This interrogatory requests, among other things, for Plaintiff to identify the date upon which any prior administrative action was filed. Plaintiff's response to this request was that Plaintiff filed an unemployment claim "with an `AB Date' of January 28, 2007." Please clarify that the "AB Date" to which you refer is the date the claim was filed. If the "AB Date" is not the date upon which Plaintiff filed his unemployment claim, please provide that information as initially requested. 5. Interrogatory No. 5. Plaintiff's response to this request identified a telephone call made to Brian Pearce. It does not, however, identify the substance of the communication. 6. Interrogatory No. 7. Plaintiff failed to provide any responsive information regarding this interrogatory. The requested information includes the name and address of any and all potential employers to whom Plaintiff applied; whether an offer was received, and, if so, the starting salary. Plaintiff provided only documents that appear to be related to internet job postings. This is not responsive to the information requested. 7. Interrogatory No. 8. Plaintiff failed to provide the dates during which Plaintiff received unemployment compensation. Plaintiff also failed to provide the dates during which he

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worked for the employer identified as Gerson Lehrman Group. Plaintiff also failed to identify the requested information relating to the calculation of earnings. The information provided included a total of moneys earned at Gerson Lerhman Group and at Yoh Scientific but does not provide the method of calculating that compensation. 8. Interrogatory No. 9. Plaintiff failed to provide any responsive information to this interrogatory. Plaintiff is directed to Defendants' objection to Plaintiff's response to Interrogatory No. 3, as set forth above. That objection is equally applicable to Plaintiff's deficient response to Interrogatory No. 9. 9. Interrogatory No. 10. This request seeks information relating to COBRA information requested by Plaintiff. After objecting for other reasons, Plaintiff points Defendants' attention to his response to Interrogatory No. 5. Plaintiff's response to Interrogatory No. 5 does not identify any communications relating to COBRA or health care coverage made by Plaintiff to Defendants. Thus, Defendants can only conclude that Plaintiff does not contend to have made such a request. If this is not Plaintiff's intended response, his answers should be updated accordingly. 10. Interrogatory No. 12. Plaintiff failed to provide any responsive information to this interrogatory, which requests Plaintiff identify any admissions made by Defendants. Instead, Plaintiff objects on several grounds, including the "irrelevance" of such a request. Plaintiff then goes on to assert that any such statement is a "party opponent admission." The classification of a statement as a "party opponent admission" does not preclude discovery of such a statement. Despite whether Plaintiff contends that such a classification is applicable, the statements must still be produced. Also, it is notable that Plaintiff requested this exact information from Defendants in Plaintiff's Interrogatory No. 26. Defendants fail to understand how Plaintiff can find so objectionable an interrogatory that Plaintiff himself subsequently propounded. Such a failure to respond does not seem to be grounded in good faith. 11. Interrogatory Nos. 1, 5, 6, 7, 8, 10, 11, and 12. Plaintiff has objected to each of these interrogatories on the basis that such requests are "irrelevant, inadmissible, and not reasonably calculated to lead to the discovery of admissible evidence." This is not a legally supportable objection. The standard for written discovery requests is wholly unrelated to admissibility. Defendants direct Plaintiff's attention to Rule 26(b)(1) of the Federal Rules of Civil Procedure, which states, in part, that "[r]elevant information need not be admissible at trial." Plaintiff has made a boilerplate objection to half of Defendants' Interrogatories on a basis that is explicitly prohibited by the Federal Rules. This does not comply with the spirit nor the letter of the law of discovery. And, to the extent that Plaintiff claims that the information is "irrelevant" or "not reasonably calculated" to lead to admissible evidence, Defendants contend that such an assertion is unsupportable. To claim that the identities of persons with knowledge, communications with Defendants, the date of termination, or Plaintiff's mitigation of damages is not relevant is absurd. What is more absurd is that Plaintiff made requests identical to Interrogatory Nos. 1, 11, and 12 yet somehow claims that such information is not even "relevant" to the present claims.
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To the extent that Plaintiff has failed to provide responsive information to these interrogatories on the basis of any of the above-referenced objections, such failure is in violation of Plaintiff's discovery obligations. All previously withheld information that was withheld for reason of these objections should be provided immediately. 12. Request for Production No. 6. In response to this Request, Plaintiff answered that he requested and that Defendants refused him access to his personnel file. No such communications were identified in Plaintiff's responses to Interrogatory No. 5. 13. Request for Production No. 9. Plaintiff has failed to provide the requested documents, including correspondence to or from potential employers, employment applications, a resume, or other documents relating to Plaintiff's job search in the months following his last day of work at Defendant ASDI. All that has been provided are "numerous online documents completed by Plaintiff." At a minimum, documents were generated relating to Plaintiff's employment with Gehrson and Yoh Scientific. If the only efforts Plaintiff made to mitigate his damages were the completion of "online documents," then this response need not be supplemented. Otherwise, responsive documents should be produced. Defendants fully expect Plaintiff to provide more complete responses to the above-referenced deficiencies within five days of the date of this letter. Please note that Defendants reserve the right to raise other inadequacies with Plaintiff's responses after taking more time to fully examine them. Sincerely yours,

Margaret M. DiBianca MMD:sec

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Y OUNG C ONAWAY S TARGATT & T AYLOR , LLP
BEN T. C ASTLE SHELDON N. S ANDLER RICHARD A. LEVINE RICHARD A. ZAPPA FREDERICK W. IOBST RICHARD H. M ORSE DAVID C. MCBRIDE JOSEPH M. N ICHOLSON CRAIG A. K ARSNITZ BARRY M. W ILLOUGHBY JOSY W. INGERSOLL ANTHONY G. FLYNN JEROME K. GROSSMAN EUGENE A. D IPRINZIO JAMES L. PATTON, JR. ROBERT L. THOMAS WILLIAM D. JOHNSTON TIMOTHY J. SNYDER BRUCE L. S ILVERSTEIN WILLIAM W. BOWSER LARRY J. TARABICOS RICHARD A. D ILIBERTO, JR. MELANIE K. SHARP CASSANDRA F. ROBERTS RICHARD J.A. POPPER TERESA A. CHEEK NEILLI MULLEN W ALSH JANET Z. CHARLTON ROBERT S. BRADY JOEL A. W AITE BRENT C. SHAFFER DANIEL P. JOHNSON CRAIG D. GREAR TIMOTHY J AY HOUSEAL MARTIN S. LESSNER PAULINE K. MORGAN C. BARR FLINN NATALIE WOLF LISA B. GOODMAN JOHN W. SHAW JAMES P. HUGHES, JR. EDWIN J. H ARRON MICHAEL R. NESTOR MAUREEN D. LUKE ROLIN P. BISSELL SCOTT A. HOLT JOHN T. DORSEY M. BLAKE CLEARY CHRISTIAN DOUGLAS WRIGHT DANIELLE G IBBS JOHN J. PASCHETTO NORMAN M. POWELL ELENA C. NORMAN EDMON L. MORTON JOHN E. TRACEY

THE BRANDYWINE BUILDING 1000 WEST STREET, 17TH FLOOR WILMINGTON, DELAWARE 19801
P.O. BOX 391 WILMINGTON, DELAWARE 19899-0391 (302) 571-6600 (800) 253-2234 (DE ONLY) FAX: (302) 571-1253
--------------

110 WEST PINE STREET P.O. BOX 594 GEORGETOWN, D ELAWARE 19947 (302) 856-3571 (800) 255-2234 (DE ONLY) FAX: (302) 856-9338
WWW.YOUNGCONAWAY.COM

JOSEPH M. BARRY RYAN M. BARTLEY SEAN M. BEACH SANJAY BHATNAGAR DONALD J. BOWMAN , JR. MICHELE SHERRETTA BUDICAK JEFFREY T. C ASTELLANO DOUGLAS T. COATS (MD ONLY ) KARA H AMMOND COYLE KRISTEN S ALVATORE DEPALMA MARGARET M. DIBIANCA MARY F. DUGAN ERIN EDWARDS KENNETH J. ENOS KERRIANNE M ARIE F AY IAN S. FREDERICKS JAMES J. G ALLAGHER WILLIAM E. G AMGORT SEAN T. GREECHER NATHAN D. GROW STEPHANIE L. H ANSEN JAMES L. H IGGINS PATRICK A. J ACKSON DAWN M. JONES KAREN E. KELLER SPECIAL COUNSEL JOHN D. MCLAUGHLIN, JR. KAREN L. P ASCALE SETH J. REIDENBERG PATRICIA A. W IDDOSS

JENNIFER M. K INKUS EDWARD J. KOSMOWSKI EVANGELOS KOSTOULAS JOHN C. KUFFEL TIMOTHY E. LENGKEEK ANDREW A. LUNDGREN MATTHEW B. LUNN ADRIA B. M ARTINELLI KATHALEEN MCCORMICK MICHAEL W. MCDERMOTT TAMMY L. MERCER MARIBETH L. M INELLA D. FON MUTTAMARA-W ALKER JENNIFER R. NOEL ADAM W. POFF ROBERT F. POPPITI, JR. SARA BETH A. REYBURN CHERYL A. S ANTANIELLO MONTÉ T. SQUIRE MICHAEL P. S TAFFORD CHAD S.C. S TOVER RICHARD J. THOMAS TRAVIS N. TURNER MARGARET B. WHITEMAN SHARON M. ZIEG SENIOR COUNSEL CURTIS J. CROWTHER OF COUNSEL BRUCE M. S TARGATT STUART B. YOUNG EDWARD B. M AXWELL, 2ND

DIRECT D IAL: 302-571-5008 DIRECT FAX: 302-576-3476 [email protected]

March 3, 2008 CONFIDENTIAL PURSUANT TO FRE 408

VIA E-MAIL AND FIRST CLASS MAIL Timothy M. Holly Esquire Connolly Bove Lodge & Hutz, LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 Re: Dear Tim: This letter contains discussions of a confidential offer of compromise made pursuant to Rule 408 of the Federal Rules of Evidence and is subject to the confidentiality provisions thereof. Nothing in this letter shall be construed as an admission against the Defendants in the above-referenced. I am writing in regard to Count One of Plaintiff's Complaint in the abovereferenced matter. (D.I. 1). As you know, in this Count, Plaintiff has alleged a violation of the Fair Labor Standards Act (the "FLSA"). Unfortunately, the Complaint does not identify the period of time for which Mr. Dougherty alleges that he was not compensated. And Plaintiff has failed to produce a statement of claimed damages pursuant to Rule 26 of the Federal Rule of Civil Procedure. (D.I. 10 at E). Dougherty v. ASDI, et al., No. 07-574-SLR

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Timothy M. Holly Esquire March 3, 2008 Page 2 In Paragraph 34 of the Complaint, it seems that Plaintiff alleges that his final paycheck included payment for the pay period ending on December 29, 2006. The Complaint further states that Monday, January 1, 2007, was a paid holiday for ASDI employees and that Mr. Dougherty was escorted from ASDI sometime after 1 p.m. on Tuesday, January 2, 2007. (D.I. 1 at ¶29). Mr. Dougherty did not return to work at ASDI. Count One, then, appears to allege that Defendants failed to pay Plaintiff for these two days. Without admitting liability or that Plaintiff has incurred any damages, Defendants hereby offer to settle Count One of Plaintiff's Complaint for an amount equal to two days' worth of pay, calculated according to the pay period ending December 30, 2007 (the "Wage Payment"). I expect that this will resolve Count One to Mr. Doughtery's satisfaction. Please notify me by the end of the business day on Friday, March 7, 2008, whether Mr. Dougherty agrees to dismiss with prejudice Count One in consideration for the Wage Payment. Anticipating an answer in the affirmative, I will forward a single-count settlement agreement to your attention for Plaintiff's execution. Upon my receipt of the executed agreement, payment will be issued in the form of a check made payable to John J. Dougherty and forwarded to your attention, along with a Stipulation of Dismissal of Count One for filing by your office within two business days of receipt of payment. I look forward to receiving your response. Sincerely,

Margaret M. DiBianca MMD:i

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Y OUNG C ONAWAY S TARGATT & T AYLOR , LLP
BEN T. CASTLE SHELDON N. S ANDLER RICHARD A. LEVINE RICHARD A. ZAPPA FREDERICK W. IOBST RICHARD H. M ORSE DAVID C. MCBRIDE JOSEPH M. NICHOLSON CRAIG A. K ARSNITZ BARRY M. WILLOUGHBY JOSY W. INGERSOLL ANTHONY G. FLYNN JEROME K. GROSSMAN EUGENE A. DIPRINZIO JAMES L. PATTON, JR. ROBERT L. THOMAS WILLIAM D. J OHNSTON TIMOTHY J. SNYDER BRUCE L. SILVERSTEIN WILLIAM W. BOWSER LARRY J. TARABICOS RICHARD A. DI LIBERTO, JR. MELANIE K. SHARP CASSANDRA F. ROBERTS RICHARD J.A. POPPER TERESA A. CHEEK NEILLI MULLEN WALSH JANET Z. CHARLTON ROBERT S. BRADY JOEL A. WAITE BRENT C. SHAFFER DANIEL P. JOHNSON CRAIG D. GREAR TIMOTHY JAY HOUSEAL MARTIN S. LESSNER PAULINE K. MORGAN C. BARR FLINN NATALIE WOLF LISA B. GOODMAN JOHN W. SHAW JAMES P. HUGHES, JR. EDWIN J. H ARRON MICHAEL R. NESTOR MAUREEN D. LUKE ROLIN P. BISSELL SCOTT A. HOLT JOHN T. DORSEY M. BLAKE CLEARY CHRISTIAN DOUGLAS WRIGHT DANIELLE GIBBS JOHN J. PASCHETTO NORMAN M. POWELL ELENA C. NORMAN EDMON L. MORTON JOHN E. TRACEY

THE BRANDYWINE BUILDING 1000 WEST STREET, 17TH FLOOR WILMINGTON, DELAWARE 19801
P.O. BOX 391 WILMINGTON, DELAWARE 19899-0391 (302) 571-6600 (800) 253-2234 (DE ONLY) FAX: (302) 571-1253
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110 WEST PINE STREET P.O. BOX 594 GEORGETOWN, DELAWARE 19947 (302) 856-3571 (800) 255-2234 (DE ONLY) FAX : (302) 856-9338
WWW.YOUNGCONAWAY.COM

JOSEPH M. BARRY RYAN M. BARTLEY SEAN M. BEACH SANJAY BHATNAGAR DONALD J. BOWMAN, JR. MICHELE SHERRETTA BUDICAK JEFFREY T. CASTELLANO DOUGLAS T. COATS (MD ONLY) KARA HAMMOND COYLE KRISTEN SALVATORE DEPALMA MARGARET M. DIBIANCA MARY F. DUGAN ERIN EDWARDS KENNETH J. ENOS KERRIANNE MARIE FAY IAN S. FREDERICKS JAMES J. GALLAGHER WILLIAM E. GAMGORT SEAN T. GREECHER NATHAN D. GROW STEPHANIE L. H ANSEN JAMES L. HIGGINS PATRICK A. JACKSON DAWN M. JONES KAREN E. KELLER SPECIAL COUNSEL JOHN D. M CLAUGHLIN, JR. KAREN L. PASCALE SETH J. REIDENBERG PATRICIA A. WIDDOSS

JENNIFER M. KINKUS EDWARD J. KOSMOWSKI EVANGELOS KOSTOULAS JOHN C. KUFFEL TIMOTHY E. LENGKEEK ANDREW A. LUNDGREN MATTHEW B. LUNN ADRIA B. M ARTINELLI KATHALEEN MCCORMICK MICHAEL W. MCDERMOTT TAMMY L. MERCER MARIBETH L. M INELLA D. FON MUTTAMARA-WALKER JENNIFER R. NOEL ADAM W. POFF ROBERT F. POPPITI, JR. SARA BETH A. REYBURN CHERYL A. SANTANIELLO MONTÉ T. SQUIRE MICHAEL P. STAFFORD CHAD S.C. STOVER RICHARD J. THOMAS TRAVIS N. TURNER MARGARET B. WHITEMAN SHARON M. ZIEG SENIOR COUNSEL CURTIS J. CROWTHER OF COUNSEL BRUCE M. STARGATT STUART B. YOUNG EDWARD B. M AXWELL, 2ND

DIRECT DIAL : 571-5008 DIRECT FAX: 576-3476 [email protected]

March 4, 2008

BY E-MAIL Timothy M. Holly Esquire Connolly Bove Lodge & Hutz, LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 Re: Dear Tim: I received your package; thank you for such a prompt response. Although I haven't yet turned to some of the issues raised in your letter, I do want to respond to the ones I am able to answer today. I will get you the rest of the requested information as soon as possible and, in all likelihood, by tomorrow. DEPOSITION SCHEDULE 1. Barring some unforeseen conflict with my client's schedule, deposition of Mr. Dougherty on April 22, 2008, continuing if necessary into the 23rd will be fine. We will get the court reporter arranged, etc. I have also asked the client to provide dates during the week of May 19, 2008, for Plaintiff to take the depositions of Alan Blize and Trula Blize. Will you be taking a separate, 30(b)(6) deposition, as well? Do you think any of the depositions will take significantly less than one day or should we presume they will be full-days for scheduling purposes? Dougherty v. ASDI, et al.

2.

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Y OUNG C ONAWAY S TARGATT & T AYLOR , LLP

FLSA CLAIMS 3. Regarding Mr. Dougherty's claim of wages. Could you provide (1) the amount of fees Plaintiff is claiming for this claim; (2) the amount of wages he is claiming as I seem to have estimated it incorrectly. I was not sure from your letter whether Mr. Dougherty would accept payment of some amount in exchange for dismissal of Count I. If he is paid the moneys he demands inclusive of fees, he would or would not withdraw Count I? DOCUMENT PRODUCTION 5. Regarding document production, I don't see any need to rush to produce all potential documents. Hence, the purpose of the 30-day deadline for discovery responses. We would be satisfied to receive Plaintiff's Rule 26 documents with his discovery responses and supporting documents on or before the 30-day deadline, with a few small exceptions. The documents identified in Plaintiff's Disclosures as Numbers 3, 4, 5, 7, and 9 are the only documents I would prefer to have as soon as practicable. But it is not necessary that they be produced not necessarily by the end of the week. If providing those documents next week is more convenient, that be fine with Defendants. And, with the exception of #9, those documents are likely only a page or two in length, making it a fairly small request. Defendants' Rule 26 documents have been assembled and stamped so we can provide them without much delay. RULE 26 SUPPLEMENTAL RESPONSES 8. Regarding the requested damages calculation, I apologize for any confusion and certainly do not intend to overstep. But, in all fairness, it seems unreasonable to take deposition of Plaintiff without being able to question him about his alleged damages. The assertion that no dollar amount can be provided until the course of discovery is significantly complete seems to contradict the entire essence of Rule 26 disclosures, which are intended to provide parties with a preliminary damages estimate prior to engaging in the formal discovery process. By claiming that he cannot provide a damages calculation under a Rule 26(a) standard until substantial completion of discovery, Plaintiff seems to claim that the damages element of the Rule is superfluous. Defendants did not waive any objection to this required disclosure--it was simply a courtesy extended to provide Plaintiff with additional time to prepare an estimation. Of course Plaintiff could (and would be expected to) update his initial calculations as the matter proceeds. I am certainly willing to reconsider if you have some precedent to support the present assertion. Otherwise, Defendants ask that Plaintiff send a damages calculation pursuant to Rule. 26.

4.

6.

7.

9.

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A final issue relating to Rule 26 Disclosures, address the persons with knowledge listed in Plaintiff's Complaint. It seems that the proposed Amended Complaint and, specifically, Paragraph 46, is asserting or would attempt to assert, a class action brought in addition to or under the umbrella of one or more of the current Counts. If there are any persons with knowledge who are not identified in Plaintiff's Initial Disclosures but who may have knowledge of the allegations in the Complaint, and specifically, the proposed additions to the Complaint, please supplement Plaintiff's disclosures accordingly as necessary to reflect those persons. Based on the informal discovery conducted so far, Defendants are not aware of any such person.

Thank you again for responding so quickly. I will be in touch in the next day or two with answers to your other inquiries. In the meantime, I would appreciate your response to my follow-up requests above. And of course, do not hesitate to contact me via phone at (302) 571-5008. Very truly yours,

· · ·· · ·· · · ··· ·· ·· · ··
MMD:y

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Margaret M. DiBianca

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EXHIBIT

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Case 1:07-cv-00674-SLR-LPS Case 1:07-cv-00674-SLR-LPS Carl, Shaina
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Timothy M. Holly [[email protected]] Wednesday, March 05, 2008 12:30 PM DiBianca, Margaret john dougherty RE: Dougherty v. ASDI, et al. Dougherty v. ASDI, et al.; 6632551_1.PDF

Dougherty v. ASDI, et al.

6632551_1.PDF

Molly: I am responding to your letter of yesterday through this email. 1. Mr. Dougherty and I have scheduled depositions for April 22 and 23. I assume you will memorialize the dates of your deposition through a Notice of Deposition stating the time, location, etc., of depositions. 2. We will take the individual depositions of Alan and Trula Blize & also that of ASDI. We obviously leave it to ASDI to choose its own designee. If Alan or Trula will be the designee, it seems possible that we could conclude two depositions (the designee individually as well as that of ASDI) in a single day (but want to leave room for two days if necessary). We would take the deposition of the non-designee on a third day. I sincerely doubt the non-designee would take a full day. In sum, assuming Alan or Trula will be the designee, I suggest we schedule three days of deposition. Let's schedule ASDI (and the designee individually) on days 1 & 2 and the non-designee on day 3. If we don't need the second day then we will cancel the reporter for day 2. 3. Regarding the wage claim: Mr. Dougherty, as with most employees, will not know the full extent of his loss until he sees what benefits he received (or should have received) from ASDI (e.g., retirement, health, life, 401(k), etc.). ASDI should be able to tell me (and you) what wages and benefits and wage supplements were paid (or should have been paid) to Dougherty; as well as the value of such items. Our discovery seeks such information. The amount of the wage payment claim depends on the responses I receive to my discovery requests. Moreover, in this case, it isn't even clear when the termination date was. ASDI seems to have been less than consistent on that matter. The extent of damage under this claim depends on when, as a matter of fact, the terminate date was. We suspect that fact will need to be decided by the jury. So no, I cannot provide a more specific response yet. 4. For a settlement of the FLSA claim only, as set forth in more detail below, we would require one week of net wages ($1,300) + unpaid overtime ($6,825) + liquidated double damages ($8,125) + costs / fees ($____) = $____ (with no deductions). If interested, I can find out costs / fees to date. In absence of a settlement of the FLSA claim, we still await execution of the Stipulation to Amend Complaint. As consistently stated through demand letters and mediation, Mr. Dougherty will agree to dismiss his entire complaint (not just the FLSA claim) for payment in full of our fees and costs incurred to date (i.e., $____) and $50,000 = $______ (with no deductions). If interested, I can find out costs / fees to date. The $50,000 figure is based on a compromise on estimated loss (with we do not limit ourselves to in this case, as only discovery from ASDI will reveal the actual amounts). Estimated loss includes: (1) lost salary- $5,200 per month in net monthly ASDI income at 14 months (i.e., January 2007 through present) = $72,800. (2) unpaid overtime- $1,300 net per week at 40 hours is a base rate of $32.50 net. OT rate is $48.75 net. At about 10 hours per week OT for 14 weeks (i.e., September 11, 2006 through end of December 2006), there are 140 hours. This results in an amount of $6,825. (3) lost dental / health- we require information from ASDI, but we approximate at $1,500 per month at 14 months = $21,000. (4) lost life insurance- we require information of ASDI and do not have an estimate for this amount. (5) front pay- for purposes of proffering this demand, we have omitted front pay. (6) penalties- for purposes of proffering this demand, we have omitted penalties. (7) liquidated damages, etc.- for purposes of settlement we have omitted liquidated damages. Adding categories 1 through 3 = $100,625. Subtracting Dougherty's approximate net income
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earned since January 1, 200