Free Initial Disclosures - District Court of Delaware - Delaware

Case 1:07-cv-00554-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ASHOK V. SHAH, Plaintiff, v. BANK OF AMERICA, Defendant. ) ) ) ) ) ) ) )

C.A. No. 07-554-SLR

DEFENDANT'S INITIAL DISCLOSURES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a) In accordance with Rule 26(a) of the Federal Rules of Civil Procedure, Defendant Bank of America ("Bank of America"), by its attorneys, makes these initial disclosures. RESERVATIONS 1. Defendant's identification of categories of documents does not constitute a

representation or implied representation that any particular document exists within Defendant's possession, custody, or control. 2. Defendant's initial disclosures are made without waiver of, or prejudice to,

any objections Defendant may have. Defendant expressly reserves all objections, including but not limited to: (a) relevance; (b) attorney-client privilege; (c) work-product protection; (d) any other applicable privilege or protection under federal or state law; (e) undue burden; (f) materiality; (g) overbreadth; (h) the admissibility in evidence of these initial disclosures or the subject matter thereof; and (i) producing documents containing information disclosed or transmitted to any state or federal agency, to the extent such information is confidential and not required to be disclosed under applicable law. All objections are expressly preserved, as is Defendant's right to move for a protective order. Defendant reserves the right to retract any

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inadvertent disclosures of information or documents that are protected by the attorney-client privilege, the work product doctrine or any other applicable protection. 3. Defendant has not completed its investigation of this case and reserves the

right to clarify, amend, modify, or supplement the information contained in these initial disclosures if and when it obtains supplemental information, to the extent required by the Federal Rules of Civil Procedure. 4. any of the foregoing. INITIAL DISCLOSURES 1. The name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information. [Fed. R. Civ. P. 26(a)(1)(A)] The following persons are likely to have knowledge as indicated. Each of the following individuals may be contacted through Defendant's counsel: · Dawn Weaver, Group Operations Manager, is likely knowledge regarding the day in late 2006 when Plaintiff was assigned to Defendant by Adecco and knowledge concerning the allegations of Plaintiff's Complaint generally. Wendy Lindsey, Manager, is likely to have knowledge regarding the day in late 2006 when Plaintiff was assigned to Defendant by Adecco and knowledge concerning the allegations of Plaintiff's Complaint generally. Linda Durso, Operations Manager, is likely to have knowledge regarding the day in late 2006 when Plaintiff was assigned to Defendant by Adecco and knowledge concerning the allegations of Plaintiff's Complaint generally. Nancy Pingitore Weeks, Account Specialist, is likely to have knowledge of interactions with Plaintiff from 1999 to the present and knowledge concerning the allegations of Plaintiff's Complaint generally. Peggy Keen, Accounting Specialist, is likely to have knowledge regarding the day in late 2006 when Plaintiff was assigned to Defendant by Adecco Defendant's initial disclosures are made subject to and without limiting

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and knowledge concerning the allegations of Plaintiff's Complaint generally. · Other current and former employees of Bank of America, N.A. and/or its subsidiaries and Adecco that may be identified during discovery.

2. A copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment. [Fed. R. Civ. P. 26(a)(1)(B)] Defendant identifies the following category of documents, which can be made available for review and reproduction at the offices of Young Conaway Stargatt & Taylor LLP: · Documents related to the report to MBNA Protective Services regarding Plaintiff.

3. A computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered. [Fed. R. Civ. P. 26(a)(1)(C)] Defendant claims no damages at this time. Defendant expressly reserves the right to claim damages relating to this proceeding if information later becomes available indicating that there may be a claim for damages. Defendant further reserves the right to make application for attorneys' fees and costs as appropriate. 4. For inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. [Fed. R. Civ. P. 26(a)(1)(D)] None applicable. [Continued on the following page]

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YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Margaret M. DiBianca Sheldon S. Sandler, Esquire (No. 0245) Margaret M. DiBianca, Esquire (No. 4539) The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, Delaware 19899-0391 Telephone: (302) 571-5008 Facsimile: (302) 576-3476 E-mail: [email protected] and Elena D. Marcuss, Esquire McGuireWoods LLP 7 St. Paul Street, Suite 1000 Baltimore, MD 21202 Telephone: (410) 659-4400 Facsimile: (410) 659-4547 E-mail: [email protected] Admitted pro hac vice Attorneys for Defendant Dated: January 10, 2008

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CERTIFICATE OF SERVICE I, Margaret M. DiBianca, hereby certify that on January 10, 2008, a copy of the foregoing Defendant's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a) was served by United States Mail, certified mail return receipt requested, and United States Mail First Class, on Plaintiff Pro Se: Ashok V. Shah P.O. Box 1182 New Castle, DE 19702

YOUNG CONAWAY STARGATT & TAYLOR, LLP /s/ Margaret M. DiBianca Sheldon S. Sandler, Esquire (No. 0245) Margaret M. DiBianca, Esquire (No. 4539) The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, Delaware 19899-0391 Telephone: (302) 571-5008 Facsimile: (302) 576-3476 E-mail: [email protected]

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