Free Initial Disclosures - District Court of Delaware - Delaware

Case 1 :07-cv—OO61 O-M PT Document 23 Filed O1/23/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT

DELAWARE STATE UNWERSITY )
STUDENT HOUSING FOUNDATION, a )
Delaware Corporation., )
) C.A. No. 07-610 (MPT)
Plaintiff, )
_ )
v. ) JURY TRIAL DEMANDED
)
AMBLING MANAGEMENT COMPANY, )
)
Defendant. )
PLAINTIFIPS INITIAL DISCLOSURES
PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26jA)
Plaintiff Delaware State University Stndentllousing Foundation ("tl1e Foundation"), by
and through its undersigned attorneys, hereby makes the following disclosures, pursuant to -
Federal Rule of Civil Procedure 26(a)(l).
(A) Individuals likely to have knowledge of discoverable information that Plaintiff may
use to support its claims or defenses, and the subjects ofthe information: _
Response:
Individual Areas of Knowledge
William Blackwell Defendanfs obligations and performance under the
Ambling Management Co. Management Agreements.
Hugh Hodge Defendanfs obligations and performance under the
Ambling Management Co. Management Agreements.
Deena Downey - Defendanfs obligations and performance under the
Ambling Management Co. Management Agreements.
l—lerman Sikes Condition of apartments affected by mold.
Arnbling Management Co.
Gary Hayes Condition of apartments affected by mold.
Environmental Testing, inc.

Case 1:07-cv—00610—MPT Document 23 Filed 01/23/2008 Page 2 of 4
As a current employees ofthe Foundation or one or more of its parent, subsidiary and/or

undersigned counsel:
Amir Mohatnrnadi Defendanfs obligations and performance under the
Management Agreements. .
Richard Cathcait Condition of yartments and defects discovered in Fall 2007.
A1 Tunnell Condition of a aitments and defects discovered in Fall 2007.
Mathew Fortune Condition of apartments and defects discovered in Fall 2007.
(B) Documents, data, compilations and tangible things in the possession, custody, or
control of Plaintiff that Plaintiff may use to support its claims or defenses:
Response:
(1) Amended and Restated Management Agreement between the parties for
the Courtyard Apartments dated January 1, 2004;
(2) Management Agreement between the parties for the Village Apartments
dated August 1, 2005;
(3) Notice of Default directed to William Barkwell, President of the Ambling
Companies, &orn Amir Mohammadi, President ofthe Foundation, dated
August l7, 2007;
(4) Notice of Termination directed to William Barkwell, President of the
Ambling Companies, from Amir Mohainmadi, President of the
Foundation, dated September l2, 2007;
(5) All correspondence between the parties relating to Amb1ing’s performance
under the Management Agreements;
(6) Photographs of defects found in inspected Courtyard and Village
apartments;
(7) Environmental Testing, lnc.’s Report issued on August 2l, 2007.
(C) Identities of experts and their opinions:
Response:
None to date.
2

Case 1:07-cv—00610—MPT Document 23 Filed 01/23/2008 Page 3 of 4
(D) Insurance agreements under which any person or entity carrying on an insurance (

indemnify or reimburse defendant for payments rnade to satisfy the judgment:
Response:
None to Plaintiff s knowledge.-
(E) Statement of the basis for any damages claimed by Plaintiff:
Response:
(1) Against defendant Ambling for breach ofthe Management Agreements
and damages resulting therefrom in excess of $i ,500,000.00.
(2) Against defendant Ambling for pre- and post-judgment interest on the sum
of all damages awarded to the Foundation against the defendant.
(3) Against defendant Ambling for the fees and costs incurred in asserting this
action, including attorneys’ fees.
(4) Such other and further relief the Court may deem just and proper.
POTTER ANDERSON & CORROON LLP
By: /s/ Sarah E. DiLuzio
Kathleen Furey McDonough (LD. 2395)
Sarah E. Dilsuzio (I.D. 4085)
13 i3 North Market Street
P.O. Box 951
Wilmington, DE 19899-0951
Telephone: (302) 98+6000
Telefax: (302) 658~1i92
kmedonougE_g@]_gotteranderson.com
sdiiuzio§Q®,Lt‘gottera.r1derson.com
Attorneys for Plaintgf Delaware State University
Student Housing Foundation
Dated: January 23, 2008
841204/32346
3

Case 1:07-cv—00610—MPT Document 23 Filed 01/23/2008 Page 4 of 4
CERTIFICATE OF SERVICE
I, Sarah E. DiLuzio, hereby certify that on January 23, 2008, I electronically filed a true
and correct copy of the foregoing PLAINTIFFS INIT1/XL DISCLOSURES with the Clerk ofthe
Court using CM/EC]? which will send notification of such filing, which is available for viewing
and downloading from CM/ECF, and mailed via first class mail a copy to plaintiff at the
following address:
Arma Martina Linnea Tyreus
Womble Carlyle Sandridge Rice
222 Delaware Avenue
Suite l50l
Wilmington, DE l9801 ·
/s/ Sarah E. DiLuzi0
Sarah E. DiLuzi0 (#4085)
Porran Anoeason & Conaoow LLP
Hercules Plaza, 6th Floor
1313 North Market Street .
P.O. Box 951
Wilmington, DE 19899-0951
Telephone: (302) 984-6000
Telefax: (302) 658-1192
E—mall: [email protected]
841204/32346
`

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