C3 Initial Disclosures[1]
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CAROL C. CAVINDER, Plaintiff, vs. THE DEVEREUX FOUNDATION, d/b/a DEVEREUX TEXAS TREATMENT CENTER Defendant.
§ § § § CIVIL ACTION NO. 4:08-CV-03476 § § § § § JURY TRIAL DEMAND
PLAINTIFF’S INITIAL DISCLOSURES TO:
Defendant, The Devereux Foundation, d/b/a Devereux Texas Treatment Center, by and through its attorney of record, Keith B. Sieczkowski, 802 North Carancahua, Suite 1900, Corpus Christi, Texas 78470-0102.
Plaintiff, Carole C. Cavinder, by and through his attorney of record, Deborah E. Bryant, makes these initial disclosures as required by Federal Rule of Civil Procedure 26(a)(1). A. INDIVIDUALS WITH DISCOVERABLE INFORMATION 1.
The names, addresses (work and home), and telephone numbers (work and home) of individuals likely to have discoverable information that Plaintiff may use to support its claims or defenses are listed herein below:
1.
Carole C. Cavinder, Plaintiff.
2.
Elizabeth Andrews, no address available, 713-869-9368, was Plaintiff’s co-worker at Devereux, and is a witness to how Plaintiff functioned at Devereux.
3.
Marion Pollard, 3625 W. Barstow Ave. Apt 142, Fresno, CA 93711, 599-285-0113, is a witness to Plaintiff’s pain and suffering, mental anguish, and personal distress caused by Plaintiff’s termination at Devereux.
4.
Sylvia Williams, 5105 Barados Calle Dickinson, TX 77539, 409-960-2085. Life partner of Plaintiff, is also former supervisor at Devereux; is a witness to how Plaintiff functioned at Devereux; is a witness to Plaintiff’s pain and suffering, mental anguish, and personal distress caused by Plaintiff’s constructive discharge by Devereux.
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5.
The Devereux Treatment Center, and its Human Resources Manager, Cynthia Carmichael, its employees, agents, and Records Custodian, 1150 Devereux Drive, League City, TX 77573, 281-335-1000. 1330 Lake Woodlands Drive, Woodlands, TX 77380. The Devereux Treatment Center, its employees, agents, and Records Custodian may have discoverable information regarding Plaintiff’s claim the basis of this lawsuit.
6.
The Equal Employment Opportunity Commission, and its EEOC Investigator, Roland Castex, its employees, agents, and Records Custodian, Mickey Leland Federal Building, 1919 Smith Street, 7th Floor, Houston, TX 77002, 713-209-3439. The Equal Employment Opportunity Commission, and its EEOC Investigator, Roland Castex, its employees, agents, and Records Custodian, may have discoverable information regarding Plaintiff’s claim the basis of this lawsuit.
7.
Pain Management/Dr. Michael Gorback, and its employees and agents, and Records Custodian, 17099 N Texas Ave, Center For Pain Relief, Suite 300 Webster, TX 77598, 281-554-3400. Plaintiff’s medical provider.
8.
SNC Houston Spine & Neurosurgery Center, P.A./Dr. Richard M. Westmark/Dr. Wang, and its employees and agents, and Records Custodian, 18333 Egret Bay Blvd., Suite 200, Houston, TX 77058, 281-333-1300. Plaintiff’s medical provider.
9.
Space City Pain Specialists/Dr. Joseph Alvarez, and its employees and agents, and Records Custodian, 17448 Space City Pain Specialist, 281-338-4743. Plaintiff’s medical provider.
B. RELEVANT DOCUMENTS, ELECTRONICALLY STORED INFORMATION & TANGIBLE THINGS 2. The following is a list of all documents, electronically stored information, and tangible things, described by category and location, that Plaintiff has in his possession, custody, or control and may use to support its claims or defenses, available for inspection and copying at Plaintiff’s attorney’s office: 1.
2. 3. 4. 5.
Certification of Documents Affidavit executed by Rosa L. De La Cruz, Enforcement Manager at the EEOC certifying that documents received in EEOC file 460-2008-00323 are true and accurate copies from the EEOC administrative file. EEOC v. E.I. Dupont, 480 F.3d 724 (5th Cir. 2007), received in FOIA request from EEOC. Cavinder Rebuttal to Devereux Response to EEOC Charge dated February 4, 2008. Three page letter to R. Castex, EEO Investigator from D. Bryant, dated December 18, 2007, regarding forwarding evidence on EEOC complaint.. One page letter to R. Castex, EEO Investigator from D. Bryant, dated December
C3 Initial Disclosures
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6. 7. 8. 9. 10. 11. 12. 13. 14. 15.
16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27.
18, 2007. Plaintiff’s letter to Devereux dated December 12, 2007, regarding her TIAACREF retirement accounts. Plaintiff’s letter to ADP Benefit Services regarding problem with its website. Plaintiff’s Amended Charge of Discrimination filed 11/29/07. KB Sieczkowski letter of representation forwarded to EEOC on November 20, 2007. D. Bryant letter dated July 3, 2007 to Devereux counsel, Judy Starr regarding failure to forward COBRA notice to Plaintiff. H. Burns, Human Resource Specialist at Devereux, letter to Plaintiff accepting Plaintiff’s resignation effective 6/1/07. Devereux Exit Interview Form – Houston Center, completed by Plaintiff on 6/1/07. Devereux Texas Exit and Status change Interview Form dated 6/1/07. Plaintiff letter to cynthia Carmichael, Human Resources Manager at Devereux Texas, tendering her resignation dated Friday, May 18, 2007. D. Bryant letter dated May 17, 2007 to Judy Starr, counsel for Devereux, regarding the fact that Plaintiff has not collected unemployment benefits, and enclosing a check for $2097.35 to cover Plaintiff’s share of health insurance costs not paid by Devereux. Copy of Plaintiff’s check 2258 in the amount of $2,097.35 to cover health insurance costs not paid by Devereux. J. Starr, counsel for Devereux, letter dated May 7, 2007 addressed to D. Bryant regarding Plaintiff’s employment status at Devereux. Plaintiff’s Request for Medical Leave completed on 5/28/97. Richard Westmark, M.D. letter of March 9, 2007, regarding Plaintiff’s medical condition. Plaintiff letter of March 9, 2007 to Cynthia Carmichael enclosing Dr. Westmark’s letter of March 9, 2007, and requesting a date when she can return to work. D. Bryant letter dated February 27, 2007, to Devereux counsel, J. Starr, regarding full report regarding Plaintiff’s physical condition. D. Bryant letter dated February 14, 2007 to Devereux counsel, J. Starr, regarding full report regarding Plaintiff’s physical condition, and advising that Plaintiff’s position is that Devereux is violating the ADA. Texas Workforce Commission Employer’s copy of Determination on Payment of Unemployment Benefits mailed January 24, 2007. Richard Westmark, M.D. school/work release for Plaintiff dated January 3, 2007. J. Starr, counsel for Devereux, letter dated January 22, 2007, responding to D. Bryant letter of January 8, 2007, wherein D. Bryant alleged that Devereux was violating ADA. D. Bryant letter dated January 8, 2007, to Devereux counsel, J. Starr, regarding Plaintiff’s allegations that Devereux is violating ADA in refusing to allow Plaintiff to return to work. Plaintiff’s Application for Leave of Absence executed for Devereux, dated
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28. 29. 30. 31.
32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44.
12/19/06. Plaintiff’s Timeline of Events leading up to constructive discharge, stargging with December 18, 2006. Devereux Employee Benefit Statement concerning Plaintiff, dated 10/12/2006. Cynthia Carmichael, Devereux Human Resources Manager, letter dated July 6, 2006, to all personnel regarding Devereux “sell program.” Cynthia Carmichael, Devereux Human Resources Manager, memo dated August 1, 2006, to Dr. Richard M. Westmark, MD, requesting that Dr. Westmark confirm that Plaintiff is released and able to perform all the functions of her position without any restrictions; enclosing a copy of Plaintiff’s job description; and requesting an approximate length of time as to how long Dr.Westmark anticipated the 8-hour per day restriction to last. Melissa McKernan, Devereux Human Resources Representative, letter dated June 26, 2006 to Plaintiff advising that Plaintiff is in arrears on her benefit premiums in the amount of $108.23. Plaintiff’s paycheck stubs, dated 2/18/06; 3/18/06; 4/01/06; 4/29/06; 5/13/06; 5/27/06; 06/10/06; 06/24/06; 07/08/06; 07/22/06; 08/05/06; 08/19/06; 09/30/06; 10/28/06; 11/11/06; 11/25/06; 12/09/06. Devereux Texas Treatment Network Job Listing Report given to Plaintiff at meeting of January 3, 2007, between Plaintiff and C. Carmichael, which shows no jobs listed that fit Plaintiff’s education, experience, or training. Devereux Texas Treatment Center “Child and Adolescent Acute Care Services” forwarded by J. Starr to EEOC on 11/06/2007. Plaintiff’s Position Description/Performance Evaluation approved by Peggy Standard, RN, MSN. Devereux Texas Treatment Network “Role Description” regarding Nursing Services: RN, effective date 9/01. Devereux Texas Treatment Network “Senior Perspectives Hospital Outpatient Psychiatric Services Program Handbook. Devereux Texas Treatment Network Handbook for Devereux Personnel – Reviewed and Revised March 1, 2003. Devereux Texas Treatment Network Procedural Memorandum from the Department of Nursing revised date of 10/01/03, issued by Peggy Standard, RN, MSN, signed and dated on 10/01/03. Devereux Texas Treatment Network Children and Adolescent Inpatient Acute Care Services, consisting of 4 pages. Devereux Texas Treatment Network Employee Phone list for Houston Division, dated October 20, 2005. Devereux Texas Treatment Network Adolescent Transitional Program (7131) Program Overview dated 8/30/02. U.S. Equal Employment Opportunity Commission; U.S. Department of Justice – Civil Rights Division booklet entitled “The Americans with Disabilities Act: Questions and Answers.”
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C. INFORMATION RELATED TO CALCULATION OF DAMAGES 3. The information related to calculations of Carole C. Cavinder's damages, includes loss wages, retirement benefits, health insurance benefits, vacation and sick pay, and other employment perks from December 19, 2006, to the present. Front pay to be determined later, and this amount will be provided via supplement, excluding pain and suffering, emotional distress damages, and punitive damages which will be determined by a jury. All nonprivileged documents that this computation is based on are available for inspection and copying at Plaintiff’s attorney’s office. This information is in no way complete, and should not be considered exhaustive. Plaintiff reserves the right to supplement this response in accordance with the Federal Rules of Civil Procedure.
D. INSURANCE 4.
All insurance agreements required to be disclosed are described below: None.
Plaintiff reserves the right to supplement these initial disclosures in accordance with the Federal Rules of Civil Procedure. Respectfully submitted, THE BRYANT LAW FIRM /s/ Deborah E. Bryant DEBORAH E. BRYANT TBN: 24006920; SDN: 24986 17047 EL CAMINO REAL, SUITE 145 HOUSTON, TEXAS 77058 (281) 488-7800 - PHONE (281) 488-7805 - FAX ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify, in accordance with Federal Rules of Civil Procedure, that a true and correct copy of the foregoing document was served on all parties of record via ECF on this 3rd day of March, 2009. Keith B. Sieczkowski BRANSCOMB PC 802 North Carancahua, Suite 1900 Corpus Christi, TX 78470-0102 Attorney for Defendant Electronic Case Filing C3 Initial Disclosures
Page 5 of 6
/s/ Deborah E. Bryant DEBORAH E. BRYANT
C3 Initial Disclosures
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§ § § § CIVIL ACTION NO. 4:08-CV-03476 § § § § § JURY TRIAL DEMAND
PLAINTIFF’S INITIAL DISCLOSURES TO:
Defendant, The Devereux Foundation, d/b/a Devereux Texas Treatment Center, by and through its attorney of record, Keith B. Sieczkowski, 802 North Carancahua, Suite 1900, Corpus Christi, Texas 78470-0102.
Plaintiff, Carole C. Cavinder, by and through his attorney of record, Deborah E. Bryant, makes these initial disclosures as required by Federal Rule of Civil Procedure 26(a)(1). A. INDIVIDUALS WITH DISCOVERABLE INFORMATION 1.
The names, addresses (work and home), and telephone numbers (work and home) of individuals likely to have discoverable information that Plaintiff may use to support its claims or defenses are listed herein below:
1.
Carole C. Cavinder, Plaintiff.
2.
Elizabeth Andrews, no address available, 713-869-9368, was Plaintiff’s co-worker at Devereux, and is a witness to how Plaintiff functioned at Devereux.
3.
Marion Pollard, 3625 W. Barstow Ave. Apt 142, Fresno, CA 93711, 599-285-0113, is a witness to Plaintiff’s pain and suffering, mental anguish, and personal distress caused by Plaintiff’s termination at Devereux.
4.
Sylvia Williams, 5105 Barados Calle Dickinson, TX 77539, 409-960-2085. Life partner of Plaintiff, is also former supervisor at Devereux; is a witness to how Plaintiff functioned at Devereux; is a witness to Plaintiff’s pain and suffering, mental anguish, and personal distress caused by Plaintiff’s constructive discharge by Devereux.
C3 Initial Disclosures
Page 1 of 6
5.
The Devereux Treatment Center, and its Human Resources Manager, Cynthia Carmichael, its employees, agents, and Records Custodian, 1150 Devereux Drive, League City, TX 77573, 281-335-1000. 1330 Lake Woodlands Drive, Woodlands, TX 77380. The Devereux Treatment Center, its employees, agents, and Records Custodian may have discoverable information regarding Plaintiff’s claim the basis of this lawsuit.
6.
The Equal Employment Opportunity Commission, and its EEOC Investigator, Roland Castex, its employees, agents, and Records Custodian, Mickey Leland Federal Building, 1919 Smith Street, 7th Floor, Houston, TX 77002, 713-209-3439. The Equal Employment Opportunity Commission, and its EEOC Investigator, Roland Castex, its employees, agents, and Records Custodian, may have discoverable information regarding Plaintiff’s claim the basis of this lawsuit.
7.
Pain Management/Dr. Michael Gorback, and its employees and agents, and Records Custodian, 17099 N Texas Ave, Center For Pain Relief, Suite 300 Webster, TX 77598, 281-554-3400. Plaintiff’s medical provider.
8.
SNC Houston Spine & Neurosurgery Center, P.A./Dr. Richard M. Westmark/Dr. Wang, and its employees and agents, and Records Custodian, 18333 Egret Bay Blvd., Suite 200, Houston, TX 77058, 281-333-1300. Plaintiff’s medical provider.
9.
Space City Pain Specialists/Dr. Joseph Alvarez, and its employees and agents, and Records Custodian, 17448 Space City Pain Specialist, 281-338-4743. Plaintiff’s medical provider.
B. RELEVANT DOCUMENTS, ELECTRONICALLY STORED INFORMATION & TANGIBLE THINGS 2. The following is a list of all documents, electronically stored information, and tangible things, described by category and location, that Plaintiff has in his possession, custody, or control and may use to support its claims or defenses, available for inspection and copying at Plaintiff’s attorney’s office: 1.
2. 3. 4. 5.
Certification of Documents Affidavit executed by Rosa L. De La Cruz, Enforcement Manager at the EEOC certifying that documents received in EEOC file 460-2008-00323 are true and accurate copies from the EEOC administrative file. EEOC v. E.I. Dupont, 480 F.3d 724 (5th Cir. 2007), received in FOIA request from EEOC. Cavinder Rebuttal to Devereux Response to EEOC Charge dated February 4, 2008. Three page letter to R. Castex, EEO Investigator from D. Bryant, dated December 18, 2007, regarding forwarding evidence on EEOC complaint.. One page letter to R. Castex, EEO Investigator from D. Bryant, dated December
C3 Initial Disclosures
Page 2 of 6
6. 7. 8. 9. 10. 11. 12. 13. 14. 15.
16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27.
18, 2007. Plaintiff’s letter to Devereux dated December 12, 2007, regarding her TIAACREF retirement accounts. Plaintiff’s letter to ADP Benefit Services regarding problem with its website. Plaintiff’s Amended Charge of Discrimination filed 11/29/07. KB Sieczkowski letter of representation forwarded to EEOC on November 20, 2007. D. Bryant letter dated July 3, 2007 to Devereux counsel, Judy Starr regarding failure to forward COBRA notice to Plaintiff. H. Burns, Human Resource Specialist at Devereux, letter to Plaintiff accepting Plaintiff’s resignation effective 6/1/07. Devereux Exit Interview Form – Houston Center, completed by Plaintiff on 6/1/07. Devereux Texas Exit and Status change Interview Form dated 6/1/07. Plaintiff letter to cynthia Carmichael, Human Resources Manager at Devereux Texas, tendering her resignation dated Friday, May 18, 2007. D. Bryant letter dated May 17, 2007 to Judy Starr, counsel for Devereux, regarding the fact that Plaintiff has not collected unemployment benefits, and enclosing a check for $2097.35 to cover Plaintiff’s share of health insurance costs not paid by Devereux. Copy of Plaintiff’s check 2258 in the amount of $2,097.35 to cover health insurance costs not paid by Devereux. J. Starr, counsel for Devereux, letter dated May 7, 2007 addressed to D. Bryant regarding Plaintiff’s employment status at Devereux. Plaintiff’s Request for Medical Leave completed on 5/28/97. Richard Westmark, M.D. letter of March 9, 2007, regarding Plaintiff’s medical condition. Plaintiff letter of March 9, 2007 to Cynthia Carmichael enclosing Dr. Westmark’s letter of March 9, 2007, and requesting a date when she can return to work. D. Bryant letter dated February 27, 2007, to Devereux counsel, J. Starr, regarding full report regarding Plaintiff’s physical condition. D. Bryant letter dated February 14, 2007 to Devereux counsel, J. Starr, regarding full report regarding Plaintiff’s physical condition, and advising that Plaintiff’s position is that Devereux is violating the ADA. Texas Workforce Commission Employer’s copy of Determination on Payment of Unemployment Benefits mailed January 24, 2007. Richard Westmark, M.D. school/work release for Plaintiff dated January 3, 2007. J. Starr, counsel for Devereux, letter dated January 22, 2007, responding to D. Bryant letter of January 8, 2007, wherein D. Bryant alleged that Devereux was violating ADA. D. Bryant letter dated January 8, 2007, to Devereux counsel, J. Starr, regarding Plaintiff’s allegations that Devereux is violating ADA in refusing to allow Plaintiff to return to work. Plaintiff’s Application for Leave of Absence executed for Devereux, dated
C3 Initial Disclosures
Page 3 of 6
28. 29. 30. 31.
32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44.
12/19/06. Plaintiff’s Timeline of Events leading up to constructive discharge, stargging with December 18, 2006. Devereux Employee Benefit Statement concerning Plaintiff, dated 10/12/2006. Cynthia Carmichael, Devereux Human Resources Manager, letter dated July 6, 2006, to all personnel regarding Devereux “sell program.” Cynthia Carmichael, Devereux Human Resources Manager, memo dated August 1, 2006, to Dr. Richard M. Westmark, MD, requesting that Dr. Westmark confirm that Plaintiff is released and able to perform all the functions of her position without any restrictions; enclosing a copy of Plaintiff’s job description; and requesting an approximate length of time as to how long Dr.Westmark anticipated the 8-hour per day restriction to last. Melissa McKernan, Devereux Human Resources Representative, letter dated June 26, 2006 to Plaintiff advising that Plaintiff is in arrears on her benefit premiums in the amount of $108.23. Plaintiff’s paycheck stubs, dated 2/18/06; 3/18/06; 4/01/06; 4/29/06; 5/13/06; 5/27/06; 06/10/06; 06/24/06; 07/08/06; 07/22/06; 08/05/06; 08/19/06; 09/30/06; 10/28/06; 11/11/06; 11/25/06; 12/09/06. Devereux Texas Treatment Network Job Listing Report given to Plaintiff at meeting of January 3, 2007, between Plaintiff and C. Carmichael, which shows no jobs listed that fit Plaintiff’s education, experience, or training. Devereux Texas Treatment Center “Child and Adolescent Acute Care Services” forwarded by J. Starr to EEOC on 11/06/2007. Plaintiff’s Position Description/Performance Evaluation approved by Peggy Standard, RN, MSN. Devereux Texas Treatment Network “Role Description” regarding Nursing Services: RN, effective date 9/01. Devereux Texas Treatment Network “Senior Perspectives Hospital Outpatient Psychiatric Services Program Handbook. Devereux Texas Treatment Network Handbook for Devereux Personnel – Reviewed and Revised March 1, 2003. Devereux Texas Treatment Network Procedural Memorandum from the Department of Nursing revised date of 10/01/03, issued by Peggy Standard, RN, MSN, signed and dated on 10/01/03. Devereux Texas Treatment Network Children and Adolescent Inpatient Acute Care Services, consisting of 4 pages. Devereux Texas Treatment Network Employee Phone list for Houston Division, dated October 20, 2005. Devereux Texas Treatment Network Adolescent Transitional Program (7131) Program Overview dated 8/30/02. U.S. Equal Employment Opportunity Commission; U.S. Department of Justice – Civil Rights Division booklet entitled “The Americans with Disabilities Act: Questions and Answers.”
C3 Initial Disclosures
Page 4 of 6
C. INFORMATION RELATED TO CALCULATION OF DAMAGES 3. The information related to calculations of Carole C. Cavinder's damages, includes loss wages, retirement benefits, health insurance benefits, vacation and sick pay, and other employment perks from December 19, 2006, to the present. Front pay to be determined later, and this amount will be provided via supplement, excluding pain and suffering, emotional distress damages, and punitive damages which will be determined by a jury. All nonprivileged documents that this computation is based on are available for inspection and copying at Plaintiff’s attorney’s office. This information is in no way complete, and should not be considered exhaustive. Plaintiff reserves the right to supplement this response in accordance with the Federal Rules of Civil Procedure.
D. INSURANCE 4.
All insurance agreements required to be disclosed are described below: None.
Plaintiff reserves the right to supplement these initial disclosures in accordance with the Federal Rules of Civil Procedure. Respectfully submitted, THE BRYANT LAW FIRM /s/ Deborah E. Bryant DEBORAH E. BRYANT TBN: 24006920; SDN: 24986 17047 EL CAMINO REAL, SUITE 145 HOUSTON, TEXAS 77058 (281) 488-7800 - PHONE (281) 488-7805 - FAX ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify, in accordance with Federal Rules of Civil Procedure, that a true and correct copy of the foregoing document was served on all parties of record via ECF on this 3rd day of March, 2009. Keith B. Sieczkowski BRANSCOMB PC 802 North Carancahua, Suite 1900 Corpus Christi, TX 78470-0102 Attorney for Defendant Electronic Case Filing C3 Initial Disclosures
Page 5 of 6
/s/ Deborah E. Bryant DEBORAH E. BRYANT
C3 Initial Disclosures
Page 6 of 6
