Free Initial Disclosures - District Court of Delaware - Delaware

Case 1:07-cv—00484-JJF-LPS Document 12 Filed 10/31/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT .
FOR THE DISTRICT OF DELAWARE ,
A MACSTEEL INTERNATIONAL USA : 1
CORP., :
Plaintiff : CIVIL ACTION
v. z · A
» M/V DOBRUSH Q @, her engines NO. 07-484 (JJF)
boilers, etc., WESTERN BULK :
CARRIERS A.S., and COMMERCIAL : I
FLEET OF DONBASS, :
V Defendants : ·
DEFENDANTS M/V DOBRUSH, IN REM, AND
COMMERCIAL FLEET OF DONBASS’
INITIAL DISCLOSURES _ 4
Defendants, M/V DOBRUSH, in rem, and Commercial Fleet of Donbass ("Donbass”), by
and through their attorneys, Rawle & Henderson LLP, hereby submit the following initial
disclosures pursuant o Fed.R.Civ.P. 26(a)(1).
Defendants' disclosures are based upon information available to defendants thus far. 1
Defendants reserve the right to amend or supplement this disclosure as discovery continues. 1
Defendants do not represent that they are identifying every document or tangible thing that is 1
possibly relevant to this lawsuit and defendants do not waive their right to withhold production
of any document or tangible thing disclosed on the basis of any privilege, work product doctrine, r
relevancy, undue burden or any other valid objection.
A. The name, and if known, the address 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.
RESPONSE: Defendants’ may rely upon any of the following witnesses:
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Case 1:07-cv-00484-JJF—LPS Document 12 Filed 10/31/2007 Page 2 of 3
1. Captain Mykola Lukin
2. Chief Mate Albert Kostenko
3 Botswain Viktor Kozyrenko
4. Representatives of Severstal Export GMBH p
5. Witnesses identified by the other parties. 1
Defendants reserve the right to supplement this response as discovery progresses since their ‘
investigation is ongoing. .
B. A copy of, or a description by category and location of, all documents, data
compilations in it, 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:
RESPONSE: Defendants may rely upon any of the following documents or materials:
1. Ocean bills of lading `
2. Sea protest
3. Lo gbook extract if
4. M/V DOBRUSH Final Cargo Plan
5. Mate’s Receipts A y
6. Preloading/loading survey 1
7. Documents identified by the other parties. 1
Defendants reserve the right to supplement this response as discovery progresses since their .
investigation is ongoing.
C. A computation of any category of damages claimed by the disclosing party, making
available for inspection and copying as under Rule 34 of 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 the injuries
suffered: `
RESPONSE: Not applicable.
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Case 1:07-cv—00484-JJF-LPS Document 12 Filed 10/31/2007 Page 3 of 3
D. 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 the
judgment which may be entered in the action or to indemnify or reimburse for payments
made to satisfy the judgment:
RESPONSE: The vessel M/V DOBRUSH and Commercial Fleet of Donbass, as her owners,
are entered with British Marine Luxembourg SA for protection and indemnity pursuant to the 1
terms and conditions of the applicable Club Rules. 1
RAWLE & HENDERSON LLP
By: /s/ Gary F. Seitz
Gary F. Seitz (No. 4457)
Attorneys for Defendants, ‘
M/V DOBRUSH, in rem, and
Commercial Fleet of Donbass ("Donbass")
300 Delaware Ave., Suite l0l5 1
Wilmington, DE 19801 _ V
Phone: 302-7781200 " _
Fax: 302-778-1400 `
Dated: October 31, 2007
L I 1
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Case 1 :07—cv—00484-JJ F-LPS Document 12-2 Filed 10/31 /2007 Page 1 of 1
CERTIFICATE OF SERVICE
I, Gary F. Seitz, certify that a copy of the foregoing pleading was filed with the Court via
the Electronic Case Filing System, and was served on the below listed counsel of record through
the same means, unless they are not registered to receive filings electronically, in which case
. service was made by U.S. Mail, postage pre-paid.
I Lynne M. Parker, Esquire J
HOLLSTEIN KEATING CATTELL
JOHNSON & GOLDSTEIN, P.C.
1201 North Orange Street, Suite 730
Wilmington, DE 19801
James F. Sweeney, Esquire V
NICOLETTI HORNIG & SWEENEY
Wall Street Plaza
88 Pine Street, 7th Floor ‘
New York, NY 10005 ~
Sharon Oras Morgan, Esquire
FOX ROTHSCHILD LLP
919 North Market Street ‘ _
Suite 1300 .
Wilmington, DE 19801 q
RAWLE & HENDERSON 1.1.1> .
By: /s/Gag; F. Seitz l
Gary F. Seitz (No. 4457)
Attorneys for Defendants, q
M/V DOBRUSI-I, in rem, and A
Commercial Fleet of Donbass ("Donbass")
· 300 Delaware Ave., Suite 1015
Wilmington, DE 19801
Phone: 302—778—1200
Fax: 302-778-1400
DATED: 10/31/07
I 2015460-1