PLAINTIFF S INITIAL DISCLOSURES

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Joan Moody
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1 Electronically Served 9/8/2015 9:44:20 AM Hennepin County, MN STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Tony Webster, v. Plaintiff, The City of Bloomington, Case Type: Other Civil Court File No.: 27-CV Judge: Hon. Laurie Miller Defendant. PLAINTIFF S INITIAL DISCLOSURES In compliance with Rule of the Minnesota Rules of Civil Procedure, Plaintiff Tony Webster ( Webster ) submits, through his attorneys, the following Initial Disclosures. This Disclosure is based on the information and knowledge currently and reasonably available to Plaintiff. Plaintiff reserves the right to modify, amend, or supplement this Initial Disclosure as necessary. A. The name, and if known, the address and telephone number of each individual likely to have discoverable information along with the subjects of that information that the disclosing parties may use to support their claims or defenses, unless the use would be solely for impeachment: Without waiving its right to supplement this disclosure during discovery, Plaintiff states that the following people are likely to have discoverable information that he may use to support his claims and defenses:

2 Name Tony Webster Contact through counsel. Sandra Johnson City Attorney, City of Bloomington Janet Lewis City Clerk, City of Bloomington (952) Ann Kaul Associate City Attorney, City of Bloomington phone number unknown Anna Sullivan Office Manager/Paralegal, Bloomington City Attorney s Office (952) Mark Bernhardson Former City Manager, City of Bloomington Current Address and phone number unknown Last known contact: 1800 West Old Shakopee Road, (952) Subjects of Information Knowledge of his requests under the Minnesota Government Data Practices Act ( Webster s Request ); the City s response to Webster s Request; the City s violations Practices Act; the City s public statements about Webster Requests. City s response to Webster s request and the City s violations of the Minnesota Government Data 2

3 Jamie Verbrugge City Manager, City of Bloomington (952) Gene Winstead Mayor, City of Bloomington 9632 Xerxes Road, Bloomington, MN (952) Jeff Potts Chief of Police, Bloomington Police Department (952) All individuals identified in the documents produced by the parties in this matter. All other experts identified by the parties. Webster s request. Unknown at this time. Generally, the parties claims and defenses. Unknown at this time. Plaintiff reserves the right to call at trial all witnesses disclosed by Defendant in their Rule 26 disclosures and all witnesses that Plaintiff determines in discovery are supporting of his claims or defenses. As the Plaintiff s investigation continues, Plaintiff reserves the right to supplement this disclosure and name additional witnesses in the event such witnesses become known. B. A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment. Without waiving its right to supplement this disclosure during discovery, the Plaintiff states that such documents include: 3

4 1. Webster s December 23, 2014 Request. Maslon LLP, Minneapolis, MN , also attached as Exhibit A to Plaintiff s Complaint. 2. Communications between Plaintiff and the City regarding Webster s December 23, 2014 Request. Maslon LLP, Minneapolis, MN Copies of the select number of documents and data that Plaintiff was allowed to inspect and print during his designated inspections of City documents. Maslon LLP, Minneapolis, MN Plaintiff reserves the right to supplement this disclosure with any information that is discovered, or to the extent necessary to meet or rebut any disputes of material facts not presently know to him or that arise in the future. C. A computation of each category of damages claimed by the disclosing party, who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered. Without waiving its right to supplement this disclosure during discovery, the Plaintiff states: Damages known to date are those asserted and detailed in Plaintiff s Complaint, including compensatory damages, in addition to any damages allowed by law, including without limitation exemplary damages, punitive damages, civil penalties, and fees, costs, and disbursements, including reasonable attorneys fees costs and expenses incurred in this lawsuit as provided by the Minnesota Government Data Practices Act and Minnesota law; permanent or temporary injunctive relief and declaratory relief; and other, further, or different relief as the Court deems just and reasonable. 4

5 D. For inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgments. Plaintiff is not aware of any insurance agreement that covers the damages alleged. Plaintiff expressly reserves that right to supplement and add to the information identified on this disclosure as this case progresses and discovery is undertaken. Dated: September 8, 2015 MASLON LLP By: s/ E. Casey Beckett Julian C. Zebot (#330644) E. Casey Beckett (#388214) Emma Greenman (#390252) 3300 Wells Fargo Center 90 South Seventh Street Minneapolis, MN P: (612) F: (612) julian.zebot@maslon.com casey.beckett@maslon.com emma.greenman@maslon.com Paul Godfread (#389316) GODFREAD LAW FIRM 6043 Hudson Road, Suite 305 Woodbury, MN P: (612) F: (612) paul@godfreadlaw.com Attorneys for Plaintiff Tony Webster 5

Plaintiff, DEFENDANT'S INTERROGATORIES, REQUEST. Defendant. City of Bloomington ( Bloomington ) and demands that Plaintiff Tony Webster ( Webster )

Plaintiff, DEFENDANT'S INTERROGATORIES, REQUEST. Defendant. City of Bloomington ( Bloomington ) and demands that Plaintiff Tony Webster ( Webster ) Electronically Served 3/18/2016 5:09:04 PM Hennepin County, MN STATE OF MINNESOTA COUNTY OF HENNEPIN Tony Webster, v. The City of Bloomington, Plaintiff, Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT