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_.. 'DAVID

A. ESCAMILLA

COUNTY

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LlTIGATfON

ATTORNEY

SHERINE ., THO MASt DIRECTOR

RANDY T, L_~AVITT FIRST ASSISTANT

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FELIX

A. -CASAS TARANGO

ANTHONY

S1;REET GRANGER BLDG., SpITE 420 AUSTIN, TEXA 7.8701 W.

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JAMES W. COLLINS EXECUTIVE ASSISTANT 314

DIVISION

11TH,

LESLIE

NELSON

J W.

DIPPEL

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JENNIFER

P. O. BO-X 1748 AUSTIN, TEXAS 7876! (512)"854.9513 FAX: (512) 854-4808

STEPHEN tMfMBER OF

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KRABER H.

CAPELLE

OF THE THE STATE

COLLEGE BAR

October 13, 2008 Via Certified MailRlRlR #7008 1140 0002 7307 7599 Dominic Audino Arboretum Plaza One 9442 N. Capital of Texas Hwy., 'Suite 500 Austin, Texas 78759 Re:

Cause No. A-08-CA-643-SS; Heather Johnson v. Travis County and Susan Spataro in her Individual and Official Capacities; In the United States District Court for the Western District of Texas, Austin Division

Dear Mr. Audino: Rule 26(f) of the Federal Rules of Civil Procedure, requires parties to a lawsuit to confer regarding a discovery plan and a scheduling order. Enclosed is a proposed joint scheduling order which will govern the above lawsuit. The Court prefers the parties to agree on a scheduling order rather than each party submitting separate orders. Please review the enclosed proposed order and contact us with any revisions or concerns. If the proposed order meets your approval please sign and return and we will file the order with the Court. The Rules require us to file the scheduling order by November 3, 2008. Please contact me by October 20, 2008 so we may meet the Court's deadline. Otherwise, we will file it on October 31, 2008 as Defendants' Proposed Scheduling Order. Further, I propose we exchange with each other the Initial Disclosures Rule 26(a) requires by October 27,2008.' Please let fie-Know ifyou agree'with that deadline. FInally, please provide us with your telephone number and/or email address so that you can be reached. Thank you for your attention to this matter.

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190984

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, .Case

Filed: 11103/08

.

No: 1:08cv643

BEAmER

Doc. #9

§ § § §

JOHNSON, Plaintiff,

v.

§

TRAVIS COUNTY AND SUSAN SPATARO IN HER INDIVIDUAL AND omCIAL CAPACITIES, DefendlUlts.

A-08-CA-643-SS

§ §

§ § §

JOINT SCHEDULING ORDER Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court issues the following scheduling order: 1

. A report on ahemative dispute resolution in compliance with Local Rule CV -88

shall be filed by

2..

March 25. 2009 .

The parties aSserting claims for relief shaiI submit a Written offer of settlement to . March 11.2009 , and each opposing party shall respond, in writing, by

opposing parties by

March 25, 2009 . All offers of settlement are to be private, not filed, and the Court is not to be advised of the same.

The parties are further ORDERED to retain the written offers of

settlement and responses as the Court will use these in assessing attorney's fees and court costs

at the conclUsionof trial.

3.

The parties shall file all amended or supplemental pleadings and shall join

additional parties by hril22. ~

4.

-

2009 •

All parties asserting claims for relief shall file their designation of potential

witnesses, testifying experts, and a list of proposed exhibits, and shall serve on alJ parties, but not

190891 94.269

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512 _2850

Audino

file, a summary . of testimony of any witness who will present any opinion in trial in an cxpeJt .

May 22. 2009 . Any opinion or testimony not contained in the summary will not be

report by

permitted at trial.

Parties resisting. claims for relief shall file their designation of potential

witnesses. testifying experts, and a list of proposed exhibits, and shall serve on all parties, but not file, a SUJDmaIy of testimony of any witness who will present any opinion in trial in an expert report by'

Jtme 22. 2009 . Any opinion or testimony not contained in the summaJ)' willnot be

permitted at triaL All designations of rebuttal experts shall be filed within fifteen (15) days of receipt of the report of the opposing expert. The Fed R. Civ. P. 26 standard is not applicabJe to this paragraph; it does not make any difference whether or not the expert witness is

a "retained

expert," as any opinion or testimony of any expert not contained in the summary will be permitted at trial. . S.

An' objection to the reliability of an expert's proposed testimony under Federal

Rule of Evidence 702 shall be made by motion; specifically stating the basis for theobjcction and identifying the objectionable testimony, within eleven (11) days of receipt of the written

report of the expert's proposed testimony or within eleveD (11) days of the expert's deposition. if . a deposition is taken, whichever is later. 6~

The parties shall complete all discovery on or before

July 31, 2009" . Counsel

may by agreement continue discovery beyond the deadline, but there will be no intervention by . . the Court except in extmordinary circumstances, end no trial setting will be vacated because of

utonnation obtained in post-deadline discovery.

". ·7.

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All dispositive motions shall be filed no later than

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be I. 2M: and

shall be limited to ten (10) pages. Responses shall be filed within eleven (11) days of the service of the motion and shall be limited to ten(l 0) pages. Any replies shall be filed within eleven (11)

190891 94-269

2

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"Mov 01 08 11:53a

512 _2850

. days of the-service of the response and shall be limited to five (5) pages, but the Court need not wait for the reply before ruling onthc motion. 8~

the month of.

The case is set for docket call

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matters to be filed in advance oftriaJ. 4 SIGNED this the dayOf

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The parties should consult. Local Rule CV-l6(e) regarding

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AGREED:

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190891 94·269

for Defendants ..

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Fax: 512/854-4808 Email: [email protected] LEAD ATTORNEY AITORNEY TO BE NOTICED Defendant Susan Spataro In Her Individual and Official Capacity

represented by Anthony J. Nelson (See above for address) LEAD ATTORNEY AITORNEY TO BE NOTICED Leslie W. Dippel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Docket Text

Date Filed

#

08/27/2008

1 Defendants' NOTICE OF REMOVAL (Filing fee $350 receipt number 00429017), filed by Travis County, Susan Spataro. (Attachments: # 1 Exhibit - County Register of Actions, # 2 Exhibit - Plaintiffs Original Petition filed in State Court, # .3. Exhibits - Defendants' Notice of Removal filed in Federal Court, # 1- Civil Cover Sheet / Supplemental / Receipt)(klw,) (Entered: 08/2712008) DEMAND for Trial by Jury by Plaintiff contained in Original Complaint filed in State Court. (klw, ) (Entered: 0812712008)

08/27/2008

-

08/2712008

2 ORDER for Removing Party to supplement the record with State Court filings. Signed by Judge Sam Sparks. (klw,) (Entered: 08/27/2008)

09/04/2008

.3.

ANSWER to Complaint (Notice of Removal) by Travis County, Susan Spataro. (mm5) (Entered: 09/04/2008)

09/0512008

~

Order for Proposed Scheduling Order. Plaintiff shall submit a proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant. Proposed Scheduling Order due by 111312008. Signed by Judge Sam Sparks. (mm5) (Entered: 09105/2008)

09/2512008

5

MOTION to Remand to State Court by Heather Johnson. (Attachments: # 1Proposed Order) (mm5) (Entered: 09/25/2008)

09/2912008

Q RESPONSE to Motion, filed by Travis County, Susan Spataro, re 5. MOTION to Remand to State Court filed by Plaintiff Heather Johnson Defendants' Response to Plaintiffs Motion to Remand (Attachments: # 1 Exhibit A)(Nelson, Anthony) (Entered: 09/2912008) RESPONSE to Motion, filed by Travis County, Susan Spataro, re 5 MOTION to Remand to State Court filed by Plaintiff Heather Johnson CORRECTED Defendants' Response to Plaintiffs Motionfor Remand (Attachments: # I Exhibit A)(Nelson, Anthony) (Entered: 09/29/2008)

09/29/2008

1

10/03/2008

.8 ORDER DENYING 5. Motion to Remand to State Court. Signed by Judge Sam Sparks. (mm5) (Entered: 10/0312008)

11/03/2008

2 Proposed Scheduling Order Joint Scheduling Order by Heather Johnson, Travis County, Susan Spataro. (Dippel, Leslie) (Entered: 1110312008)

11107/2008

10 SCHEDULING ORDER: Docket Call set for 9/25/2009 11:00 AM and Trial in the month of October 2009 before Judge Sam Sparks. ADR Report Deadline due by 3/25/2009. Amended

u.s. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:08-cv-00643-SS Johnson v. Travis County et al Assigned to: Judge Sam Sparks Case in other court: 200th Judicial District of Travis County, 0-1GN-08-002659 Cause: 28:1441 Petition for Removal- Breach of Contract

Date Filed: 08127/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff Heather Johnson

represented by Heather Johnson 601 Blessing Ranch Road Liberty Hill, TX 78642 512/497-2114 PROSE Dominic C. Audino Attorney at Law Arboretum Plaza One 9442 Capital of Texas Hwy. Suite 500 ' Austin, TX 78759 (512) 251-5004 Fax: 512/525-2850 Email: [email protected] TERMINATED: 0211012009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

v. Defendant Travis County

represented by Anthony J. Nelson Travis County Attorney's Office 314 West 11th Street Room 420 Austin, TX 78701 (512) 854-4801 Fax: 512/854-4808 Email: [email protected] LEAD ATTORNEY AITORNEY TO BE NOTICED Leslie W. Dippel Travis County Attorney's Office P.O. Box 1748 . 314 W. 11th Street Room 420 Austin, TX 78767

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS " AUSTIN DIVISION ' )

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, TRAYIS-'COUNt-Y AND SUSAN SPATARO ~"'.;·~~·'.INHER INDIVIDUAL AND OFFICIAL " 'CAPACrrIE$':-:" .' -~

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..DEFENDANTS TRAVIS COUNTY AND SUSAN SPATARO'S INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1)

TO:- HeatherJohnson, by and through her attorney of record, Dominic Audino, Arboretum Plaza One, 9442 N. Capital of Texas Highway, Suite 500, Austin, Texas 78759. COME NOW, Defendants, TRAVIS COUNTY and SUSAN

SPATARO,

and provide

these Initial Disclosures pursuant to Federal Rules of Civil Procedure 26(a)(1). I. FED. R.'CIV. P. 26(a)(1)(A)(i) Individuals Likely to Have Discoverable Information Along with the Subjects of that Information-that Defendants May Use to Support their Claims or Defenses, Unless the Use Would B~Solely for Impeachment. Heather Johnson 601 Blessing Ranch Road Liberty Hill, Texas 78642 Ms. Johnson is expected to have personal knowledge of the facts surrounding her employment with. Travis County. Susan Spataro, Travis County Auditor 314 W. 11thStreet, Suite 200 Austin, Texas 78701 (512) 854-9125 Susan Spataro is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Susan Spataro is also expected to have personal knowledge of Ms. Johnson's employment with Travis County, her disciplinary actions, her termination and subsequent appeal.

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191402-1

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April Bacon, Chief Assistant County Auditor 314 W. 11th Street, Suite 200 Austin, Texas 78701 (512) 854-9125 April Bacon is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. April Bacon is also expected to have personal knowledge of Ms. Johnson's employment with Travis County, her disciplinary actions, and ultimately her termination. Jose Palacios, Chief Assistant County Auditor 314 W. n" Street, Suite 200 Austin, Texas 78701 (512) 854-9125 Jose Palacios is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Jose Palacios is also expected to have personal knowledge of Ms. Johnson's employment with Travis County, her disciplinary actions, and ultimately her termination. Sean O'Neal, Financial Analyst V 314 W. 11thStreet, Suite 200 Austin, Texas 78701 (512) 854-9125 Sean O'Neal is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Sean O'Neal is also expected to have personal knowledge of his working relationship with Ms. Johnson. Diana Warner, First Assistant County Auditor 314 W. 11thStreet, Suite 200 Austin, Texas 78701 (512) 854-9125 Diana Warner is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Diana Warner is also expected to have personal knowledge of Ms. Johnson's employment with Travis County, her disciplinary actions, and ultimately her termination. Mike Crawford, Financial Analyst V 314 W. 11thStreet, Suite 200 Austin, Texas 78701

(512) 854-9125 Mike Crawford is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Mike Crawford is also expected to have personal knowledge of Ms. Johnson's employment with Travis County, her disciplinary actions, and ultimately her termination.

191402-1

2

Blain Keith, Chief Assistant Auditor 314 W. 11thStreet, Suite 200 Austin, Texas 78701 (512) 854-9125 Blain Keith is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Blain Keith is also expected to have personal knowledge of his working relationship with Ms. Johnson. Tracy LeBlanc 314 W. 11thStreet, Suite 200 Austin, Texas 7870 1 (512) 854-9125 Tracy LeBlanc is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Tracy LeBlanc is also expected to have personal knowledge of her working relationship with Ms. Johnson. Yolanda Jones 314 W. 11thStreet, Suite 200 Austin, Texas 78701 (512) 854-9125 Yolanda Jones is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Yolanda Jones is also expected to have personal knowledge of her working relationship with Ms. Johnson. Sandy Hendrix 314 W. 11thStreet, Suite 200 Austin, Texas 78701 (512) 854-9125 Sandy Hendrix is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Sandy Hendrix is also expected to have personal knowledge of her working relationship with Ms. Johnson. Possible witnesses on the issue of attorney's fees: Dominic Audino Arboretum Plaza One 9442 N. Capital of Texas Highway, Suite 500 Austin, Texas 78759

191402-1

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Anthony J. Nelson Travis County Attorney's Office 314 W. 11thStreet, Suite 420 Austin, Texas 78701 (512) 854-9513 Leslie W. Dippel Travis County Attorney's Office 314 W. 11thStreet, Suite 420 Austin, Texas 78701 (512) 854-9513 Defendants reserve the right to supplement these disclosures, call any witness or expert witnesses identified by Plaintiff or any other party in any interrogatory responses, in responses to Requests for Admission, in any documents produced in response to Requests for Production or subpoena duces tecum, in any deposition testimony, or in any Designation of Potential Witnesses filed with the Court. ,

II. FED. R. CIV. P. 26(a)(1)(A)(li) A copy - or a Description by Category and Location -- of all Documents, Electronically Stored Information, and Tangible Things in Defendants' Custody or Control It May Use To Support Its Claims or Defenses Unless the Use Would Be Solely for Impeachment. 1. 2. 3. 4. 5. 6. 7.

Plaintiffs Personnel File EEOC Notice of Charge of Discrimination TWC Notice of Application for Unemployment Benefits Employer's Response to TWC Notice of Application for Unemployment Benefits TWC Unemployment Benefits Decision TWC Appeal Tribunal Decision Policies and Procedures of Travis County and Travis County Auditor's Office

Defendants reserve the right to supplement its list of potential exhibits. Defendants also reserve the right to use any document or tangible thing identified by any party in any interrogatory response, in responses to Requests for Admission, in any documents produced in response to Requests for Production, in response to any subpoena duces tecum, in any deposition, or in any designation of potential exhibits.

III. FED. R. CIV. P. 26(a)(1)(A)(ili) A computation of each category of damages claimed by the disclosing party. None.

191402-1

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IV. FED. R. CIV. P. 26(a)(l)(A)(iv) For Inspection and Copying 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 Judgment. None. Defendants are self-insured.

Respectfully submitted, DA VID ESCAMILLA TRA VIS COUNTY ATTORNEY P. O. Box 1748 Austin, TX 78767 (512) 854-9415 FAX: (512) 854-4808

By: ANTHONY J. NELSON Assistant Travis County Attorney State Bar No. 14885800 LESLIE W. DIPPEL Assistant Travis County Attorney State Bar No. 00796472 Attorneys for Defendants Travis County and Susan Spataro

191402-1

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendants Travis County and Susan Spataro's Initial Disclosures Pursuant to Federal Rules of Civil Procedure 26(a)(1) was served on this 2ih day of October, 2008 as follows:

VIA FACSIMILE (512) 252-2850 and CMRR 70040750000202277401 Dominic Audino Arboretum Plaza One 9442 N. Capital of Texas Hwy., Suite 500 Austin, Texas 78759 Attorney for Plaintiff

Anthony J. Nelson Leslie W. Dippel Assistant County Attorneys

191402-1

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I IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS' AUSTIN DIVISION HEATHER JOHNSON, Plaintiff,

§ §

§ V.

§ § § § § §

TRA VIS COUNTY AND SUSAN SPATARO IN HER INDIVIDUAL AND OFFICIAL CAPACITIES Defendants. PLAINTIFF

HEATHER

CIVIL ACTION NO. A:08-CA-643-SS

JOHNSON'S INITIAL DISCLOSURES R. Civ. P. 26(a)(1)

PURSUANT TO FED.

,

TO: Defendants, TRAVIS COUNTY and SUSAN SPATARO, by and through attorneys of record, Anthony J. NelsoniLeslieW. Dipple, P.O. Box 1748, Austin, Texas 78767 .

.•.." COMES NOW, Plaintiff Heather Johnson, and provides these Initial Disclosures pursuant to Federal Rules of Civil Procedure 26(a)(1).

1. FED. R. Civ, P. 26(a)(1)(A)(i) Individuals Likely to Have Discoverable Information -, Along with the' Subjects of that Information-s- that Plaintiff May Use to Support her Claims or Defenses, Unless the Use Would Be Solely for Impeachment. ,#

Heather Johnson 601 Blessing Ranch Road Liberty Hill, Texas 78642 Ms. Johnson has personal knowledge of the facts surrounding her employment with Travis County, her Whistleblower claim, disciplinary actions taken against her, her termination and subsequent appeal and claims of constitutional violations. Susan Spataro, Travis County Auditor 314 W. 11thStreet, Suite 200 Austin, Texas 78701 (512) 854-9125

PLAINTIFF'S

INITIAL DISCLOSURES

- PAGE 1-

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Susan Spataro is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Susan Spataro is also expected to have personal knowledge of Ms. Johnson's employment with Travis County. Ms. Spataro is also expected to have personal knowledge of Ms. Johnson's Whistleblower ·complaints, her disciplinary actions, and ultimately her termination and subsequent appeal. April Bacon, Chief Assistant County Auditor 314 W. 11th Street, Suite 200 Austin, Texas 78701 (512) 854-9125 April Bacon is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office, personal knowledge of Ms. Johnson's employment with Travis County, as well as personal knowledge of Ms. Johnson's Whistleblower complaints, her disciplinary actions, and ultimately her termination. Jose Palacios, Chief Assistant County Auditor 314 W. 11th Street, Suite 200 Austin, Texas 78701 (512) 854-9125 Jose Palacios is expected to have personal Travis County Auditor's Office, as well as with Travis County, her disciplinary actions, knowledge of Ms. Johnson's Whistleblower her termination.

knowledge of the policies and procedures of the personal knowledge of Ms. Johnson's employment and ultimately her termination, as well as personal complaints, her disciplinary actions, and ultimately

Sean O'Neal, Financial Analyst V 314 W. 11th Street, Suite 200 Austin, Texas 78701 (512) 854-9125 Sean O'Neal is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Sean O'Neal is also expected to have personal knowledge of his working relationship with Ms. Johnson and events allegedly leading up to Ms. Johnson's termination, as well as personal knowledge of Ms. Johnson's Whistleblower complaints, her disciplinary actions, and ultimately her termination. Diana Warner, First Assistant County Auditor 314 W. 11th Street, Suite 200 Austin, Texas 78701 (512) 854-9125

PLAINTIFF'S INITIAL DISCLOSURES

-PAGE2-

Diana Warner is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office. Diana Warner is also expected to have personal knowledge of Ms. Johnson's employment with Travis County, her disciplinary actions, and ultimately her termination. In addition, Ms. Warner is expected to have personal knowledge of Ms. Johnson's Whistleblower complaints, her disciplinary actions, and ultimately her termination. Mike Crawford, Financial Analyst V 314 W. u" Street, Suite 200 Austin, Texas 78701 (512) 854-9125 Mike Crawford is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office, Ms. Johnson's employment with Travis County, personal knowledge of Ms. Johnson's Whistleblower complaints, her disciplinary actions, and ultimately her termination. Blain Keith, Chief Assistant Auditor 314 W. I11hStreet, Suite 200 Austin, Texas 78701 (512) 854-9125 Blain Keith is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office, as well as personal knowledge of his working relationship with Ms. Johnson. Tracy LeBlanc 314 W. I11hStreet, Suite 200 Austin, Texas 78701 (512) 854-9125 Tracy LeBlanc is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office, as well as have personal knowledge of her working relationship with Ms. Johnson. Yolanda Jones 314 W. 11th Street, Suite 200 Austin, Texas 78701 (512) 854-9125 Yolanda Jones is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office and personal knowledge of her working relationship with Ms. Johnson.

PLAINTIFF'S

INITIAL DISCLOSURES

·PAGE3-

Sandy Hendrix 314 W. 11th Street, Suite 200 Austin, Texas 78701 (512) 854-9125 Sandy Hendrix is expected to have personal knowledge of the policies and procedures of the Travis County Auditor's Office and personal knowledge of her working relationship with Ms. Johnson. Possible witnesses on the issue of attorney's fees: Dominic Audino Arboretum Plaza One 9442 N. Capital of Texas Highway, Suite 500 Austin, Texas 78759 Anthony J. Nelson Travis County Attorney's Office 314 W. nthStreet, Suite 420 Austin, Texas 78701 (512) 854-9513 Leslie W. Dippel Travis County Attorney's Office 314 W. 11thStreet, Suite 420 Austin, Texas 78701 (512) 854-9513 Plaintiff reserves the right to supplement these disclosures, call any witness or expert witnesses identified by Defendant or any other party in any interrogatory responses, in responses to Requests for Admission, in any documents produced in response to Requests for Production or subpoena duces tecum, in any deposition testimony, or in any Designation of Potential Witnesses filed with the Court. II. FED. R. Civ. P. 26(a)(1)(A)(ii) A copy - or a Description by Category and Location -- of all Documents , Electronically Stored Information, and Tangible Things in Plaintiff's Custody or Control She May Use To Support her Claims or Defenses Unless the Use Would Be Solely for Impeachment.

1. 2. 3. 4. 5.

PLAINTIFF'S

Plaintiffs Personnel File EEOC Notice of Charge of Discrimination TWC Notice of Application for Unemployment Benefits Employer's Response to TWC Notice of Application for Unemployment Benefits TWC Unemployment Benefits Decision

INITIAL DISCLOSURES

- PAGE 4-

6. 7. 8.

TWC Appeal Tribunal Decision Policies and Procedures of Travis County and Travis County Auditor's Office E-mai1s and correspondence among employees ofthe Travis County Auditor's Office, Plaintiff and Plaintiffs counsel

Plaintiff reserves the right to supplement its list of potential exhibits. Plaintiff also reserves the right to use any document or tangible thing identified by any party in any interrogatory response, in responses to Requests for Admission, in any documents produced in response to Requests for Production, in response to any subpoena duces tecum, in any deposition, or in any designation of potential exhibits.

III. FED. R. P. 26(a)(1)(A)(iii) A computation of each category of damages claimed by the disclosing party. Plaintiff s damages are currently calculated at: Lost wages based on leaving salary X number of months unemployed since her separation Attorney's Fees and Court Costs Loss of past and future employment benefits Damages for emotional distress, humiliation, embarrassment, Damages for loss of opportunities for career advancement, and damage to reputation; and Exemplary damages Plaintiff will supplement as discovery and damages is ongoing

IV. FED. R. Civ. P. 26(a)(1)(A)(iv) For Inspection and Copying 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 Judgment. None. Defendants are self-insured.

PLAINTIFF'S

INITIAL DISCLOSURES

-PAGES-

Respectfully submitted, THE LAW OFFICES OF DOMINIC AUDINO

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DOMINIC AUDINO SBN 24025861 One Arboretum Plaza 9442 N. Capital of Texas Hwy., Ste. 500 Austin, Texas 78759 (512) 251-5004 Voice (512) 252-2850 Facsimile ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs Initial Disclosures Pursuant to Federal Rules of Civil Procedure 26(a)(1) was served on this 3rd day of November, 2008 as indicated below.

DOMINIC AUDINO

Via Facsimile (512) 854-4808 Travis County Attorney's Office Attn: Anthony J. Nelson/Leslie W. Dipple P.O. Box 1748 Austin, TX 78767

PLAINTIFF'S INITIAL DISCLOSURES

- PAGE

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HP OfficeJet 0 Series 085 Personal Printer/Fax/CopierlScanner

Fax-History Report for Dominic Audino 5122522850 Nov 03 2008 1:22pm

Last Fax

Nov 3

1:2Opm

Sent

Result: OK - black and white fax Okay color - color fax

Identification

Duration ~

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The Law Offices of Dominic Audino ARBORETUM PLAZA ONE

9442 N. CAPITAL OF TEXAS Hwv, SUITE 500 AUSTIN, TEXAS 78759 Voice 512-251-5004

Facsimile 512-252-2850

FACSIMILE TRANSMISSION We are sending you 't-Ietter size pages (including this cover page). Should you have any problems with the reception of the following pages, please call (512) 251-5004. To:

Anthony J. Nelson/Leslie W. Dipple

Company:

Travis County Attorney's Office

Fax No:

(512) 854-4808

From:

Dominic Audino

Re:

Former Travis County Auditor's Office Employee Heather Johnson

Date

November 3, 2008

1.

Enclosed please find the following document(s): __

2.

3.

For Filing

~or

your records

Enclosed please find a check in the amount of $----__

Please prepare citation and __

Return this to my office in the SASE provided Forward to:

------------

4.

We are notifying opposing counsel by copy of this letter.

5.

Please file stamp the attached copy/document and return it in the SASE provided.

6.

Please present for Judge

7.

Other:

's Signature.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DNISION HEATHER JOHNSON, 'Plaintiff,

v. TRAVIS COUNTY AND SUSAN SPATARO IN HER INDIVIDUAL AND OFFICIAL CAPACITIES Defendants.

§ § § § § § § § §

CIVIL ACTION NO. A:08-CA-643-SS

DOMINIC AUDINO'S MEMORANDUM IN SUPPORT OF MOTION TO WITHDRA W AS ATTORNEY IN CHARGE Dominic Audino asks this Court to allow him to withdraw as attorney in charge for Plaintiff Heather Johnson.

A. Introduction 1.

Plaintiff is Plaintiff Heather Johnson; defendants are Travis County and Susan

Spataro in her individual and official capacities. 2.

Plaintiff sued defendant for Whistleblower retaliation under Texas Government

Code §554.001 and for violations of Plaintiffs

constitutional rights under the First and

Fourteenth Amendments to the U.S. Constitution under 42 U.S.c. §1983.

B. Argument 3.

There is good cause for this Court to grant the motion to withdraw because

Attorney has terminated the attorney-client agreement for representation. 4.

No substitute attorney has been selected by Plaintiff at this time.

5.

Dominic Audino has delivered a copy of this motion to Heather Johnson and has

notified her in writing of her right to object to the motion. Plaintiff agrees with this motion as evidenced by her signature on the Proposed order.

6.

Discovery is currently open and is set to close on July 31, 2009. No discovery

requests are currently outstanding.

C. Conclusion 7.

Attorney Dominic Audino has terminated the Attorney-Client

representation

agreement and asks this court to grant his motion to withdraw as attorney in charge for Plaintiff Heather Johnson.

Respectfully submitted, THE LAW OFFICES OF DOMINIC AUDINO

DOMINIC AUDINO - SBN 24025861 One Arboretum Plaza 9442 N. Capital of Texas Hwy., Suite 500 Austin, Texas 78759 (512) 251-5004 Voice (512) 252-2850 Facsimile

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was served on the Defendants' counsel Anthony J. Nelson/Leslie W. Dipple via facsimile at (512) 854-4808 before 5:00 pm, in accordance with the Federal Rules of Civil Procedure on the ___ day of December, 2008.

DOMINIC AUDINO

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

§

HEATHER JOHNSON, Plaintiff,

§ § § § § §

V.

CIVIL ACTION NO. A:08-CA-643-SS

TRAVIS COUNTY AND SUSAN SPATARO IN HER INDIVIDUAL AND OFFICIAL CAPACITIES § Defendants. § AGREED ORDER ON MOTION TO WITHDRAW After considering Dominic Audino's motion to withdraw as attorney in charge for Plaintiff Heather Johnson, the Court: FINDS good cause to allow Dominic Audino to withdraw as attorney in charge for Plaintiff Heather Johnson and GRANTS Dominic Audino's motion to withdraw.

SIGNED on

,,2008.

U.S. DISTRICT JUDGE APPROVED & ENTRY REQUESTED:

DOMINIC AUDINO

APPROVED AS TO FORM

HEATHER JOHNSON- PLAINTIFF

ANTHONY J. NELSON - ATTORNEY FOR DEFENDANTS

, ;'

,

TN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ~<

HEATHER JOHNSON, Plaintiff,

v. TRAVIS COUNTY AND SUSAN SPATARO IN HER INDIVIDUAL AND OFFICIAL CAPACITIES Defendants.

§ § § § § § § § §

CIVIL ACTION NO. A:08-CA-643-SS .

DOMINIC AUDINO'S FIRST AMENDED MOTION TO WITHDRAW AS ATTORNEY IN CHARGE Dominic Audino asks this Court to allow him to withdraw as attorney in charge for Plaintiff Heather Johnson. A. Introduction 1.

Plaintiff is Plaintiff Heather Johnson; defendants are Travis County and Susan

Spataro in her individual and official capacities. 2.

Plaintiff sued defendant for Whistleblower retaliation under Texas Government.

Code §554.001 and for violations of Plaintiffs

constitutional rights under .the First and

Fourteenth Amendments to the U.S. Constitution under 42 U.S.C. §1983 .' ~ B. Argument 3.

There is good cause for this Court to grant the motion to withdraw because

Attorney has terminated the attorney-client agreement for representation. 4.

No substitute attorney has been selected by Plaintiff at this time.

5.

Dominic Audino has delivered a copy of this motion to Heather Johnson and has

notified her in writing of her right to object to the motion. Plaintiff agrees with this motion as evidenced by her signature on the Proposed order.

/

6.

Discovery is currently open and is set to close on July 31, 2009. No discovery

requests are currently outstanding. 7. Plaintiff's current mailing address and telephone number are as follows: Heather Johnson 601 Blessing Ranch Road Liberty Hill, TX 78642 (512)497-2114 C. Conclusion 8.

Attorney Dominic Audino has terminated the Attorney-Client representation

agreement and asks this court to grant his motion to withdraw as attorney in charge for Plaintiff Heather Johnson. Respectfully submitted,

W tOP

DOMINIC AUDINO

DOMINIC AUDINO - SBN 24025861 One Arboretum Plaza 9442 N. Capital of Texas Hwy., Suite 500 Austin, Texas 78759 (512) 251-5004 Voice (512) 252-2850 Facsimile CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was served on the Defendants' counsel Anthony J. NelsonlLeslie W. Dipple via facsimile at (512) 854-4808 before 5:00 pm, in accordance with the Federal Rules of Civil Procedure on the 19th day of January, 2009.

Qc

DOMINIC AUDINO

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION HEATHER JOHNSON, Plaintiff,

v. TRAVIS COUNTY AND SUSAN SPATARO IN HER INDIVIDUAL AND OFFICIAL CAPACITIES Defendants.

§ § § § § § § § §

CIVIL ACTION NO. A:08-CA-643-SS

AGREED ORDER ON MOTION TO WITHDRAW After considering Dominic Audino's motion to withdraw as attorney in charge for Plaintiff Heather Johnson, the Court: FINDS good cause to allow Dominic Audino to withdraw as attorney in charge for Plaintiff Heather Johnson and GRANTS Dominic Audino's motion to withdraw. The Court further orders that until such time as Heather Johnson retains counsel, she shall be contacted at the following: Heather Johnson 601 Blessing Ranch Road Liberty Hill, TX 78642 (512)497-2114

SIGNED on ------

, 2009.

U.S. DISTRICT JUDGE

~~JAN-23-2009

16:11

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APPROVED & ENTRY REQUESTED:

DOMINIC AUDINO

APPROVED A.STO FORM

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I12012()09 9; I!) PM

TOTAL P.002

The Law Offices of Dominic Audino ARBORETUM PLAZA ONE

9442 N. CAPITAL OF TEXAS HWY, SUITE 500 AUSTIN, TEXAS 78759 Facsimile 512-252-2850

Voice 512-251-5004

FACSIMILE TRANSMISSION

----

.s

We are sending you letter size pages (including this cover page). Should you have any problems with the reception of the following pages, please call (512) 251-5004. To:

Anthony J. Nelson/Leslie W. Dipple

Company:

Travis County Attorney's Office

Fax No:

(512) 854-4808

From:

Dominic Audino

Re:

Heather Johnson v. Travis County Auditor's Office

Date

January ~

1.

'1J--

X

Enclosed please find the following document(s): <,

__ 2.

3.

2009

For Filing

»or

your records

Enclosed please find a check in the amount of $----__

Please prepare citation and __

Return this to my office in the SASE provided Forward to:

--------------

4.

We are notifying opposing counsel by copy of this letter.

5.

Please file stamp the attached copy/document and return it in the SASE provided.

6.

Please present for Judge

7.

X

Other

's Signature.

HP OfficeJet G Series G85 Personal Printer/FaxiCopierlScanner

Fax-History Report for Dominic Audino 5122522850 Jan 23 2009 6:58pm

Last Fax ~

Time

Jan 23 6:57pm

Sent

Result: OK - black and white fax Okay color - color fax

Identification

Duration Pages Iks.Yl1

8544808

1:31

5

OK

,

Picture 143.jpg(JPEG Image, 1664x2168 pixels)

file:11IC:/Documents%20and%20Settings/User/Desktop/Picture%20

14...

APPROVED & ENTRY REQUESTED:

QL

DOMINIC AUDINO

APPROVED AS TO FORM

ANTHONY J. NELSON

ATTORNEYFORDEFE~~ANTS

1 of 1

1120/20099: 19 PM

JAN-23-2009

16:11

TRAVIS COUNTY ATTORNEY

I I

LITIGATION

DAVID A. ESCAMILLA COUNTY

ATTORNEV

SHERtNE E. THOMASf DIRECTOR

RANOY T. LI!AVITT FtRST ASSISTANT

eLAINE A. CASAS

JAMES W. COLLINS EXECUTIVE ASSISTANT

FELIX TARANGO ANTHONY J. NELSON

314 W. 1"", STItEET BLDG., SUIte 420 AUSTIN, T"XAS 71701

GRANGER

LESLIE W. DI,"pEI. JENNIFER KRABER

P. O. BOX 1741 AUSTIN, TEXAS 71757

STEPHEN If. CAPELLE

(5,2) 854·Un PAX; 1$12) He ••• o.

,Mr. •• Of

FACSIMILE

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."T~ COLLeCU DAn

COVER SHEET

TO:

Dominic Audino, Attorney at Law

FROM:

Anthony J. Nelson, Assistant County Attorney

DATE:

January 23, 2009

RE:

Heather Johnson v. Travis County Auditor's o.Qice

FACSlMILE NO:

(512) 252-2850

RESPONsmLE PARTY:

Marti Cardenas, Paralegal to Anthony J. Nelson (512) 854-4155

PAGES:

DIVISION

5 pages (including cover)

Mr. Audino:

Attached is the signed "Approved & Entry Requested" page to your First Amended Please feel free to call with any questions or concerns. Motion to Withdraw as Attorney in Charge.

In the event you have problems receiving this transmission, please call the responsible pnrty listed above.

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged. confidential, and exempt from disclosure under applicable law, If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone (collect), and return the original message to us at the above address via the U.S. Postal Service. Thank You.

or

145.91

Case 1:08-cv-00643-SS

Document 14

Filed 02/10/2009

Page 1 of 2

FIt f 0 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

2009 FES IDA Mil: 28

HEATHERJOHNSON, Plaintiff, Case No. A~08-CA-643·SS

-vs-

TRAVIS COUNTY and SUSAN SPATARO, in her individual and official capacities, Defendants.

ORDER ~.

BE IT REMEMBERED

on the ~

day of February 2009 the Court reviewed the file in

the above-styled cause, and specifically "Dominic Audino's First Amended Motion to Withdrawas Attorney in Charge" [#13] filed January 26,2009, and thereafter, enters the following: ·11 IS ORDERED

that the Motion to Withdraw filed by Dominic Audino is

GRANTED.

IT IS FURTHER ORDERED that Dominic Audino shall .immediately forward a complete copy of the file of this lawsuit, including all pleadings and investigation, to Heather Johnson. IT IS ORDERED that the Clerk shall indicate that Heather Johnson is proceeding pro se in this lawsuit with the address of 60 1 Blessing Ranch Road, Liberty Hill, Texas 78642, telephone number 512/497-2114, and all pleadings should be directed to Ms. Johnson until ./

and unless counsel enters an appearance representing Ms. Johnson. /'

/ /

Case 1:08-cv-00643-SS

Document 14

Filed 02/10/2009

Page 2 of 2

-

IT IS FINALLY ORDERED that the Clerk send-a copy of this order to Ms. Johnson as well a#r.r. Audino and counsel for the defendants and that Heather Johnson must comply, .:with this Court's scheduling order issued on November 6,2008. ~

SIGNED this the ~day

of February 2009.

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