Plaintiffs' Perliminary Report And Discovery Plan

Case 1:06-cv-00247-WSD

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IN THE UNITED S TATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA

i4, P

ATLANTA DIVISION

, 0 4 2006

LUTHER D. THOMAS, Clerk

JAMES B. STEGEMAN, ) JANET D. MCDONALD, )

;

Plaintiffs } v. ) C IVIL ACT ION 3 FILE NO.: 1 :06-CV-00247-WSD WACHUVIA BANK, NATIONAL } ASSOCITAION, et al ) WACHOVIA SECU RITIES } Defendants

} . . . . .?

PLAINTIFF'S PRELIMINARY REPORT AND DISCOVERY PLAN Plaintiffs answered Wachovia bank's attempt to conduct Rule 2b(f) in which the Plaintiffs received a letter, two days afterward, Plaintiffs received Defendant's Preliminary Report claiming the Plaintiffs declined the offer. Plaintiffs requestedd a meeting on "neutral" grounds. No answer was received from Wachovia's Counsel . Plaintiffs file this separate statement pursuant to

LR 16-2.

i De ty clerk

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1. Description of Case: (a) Nature of Action. Breach of contract, breach of duty, fraud, slander. (b) Summary of Facts. Mr. 5tegeman who is a handicapped, 100% disabled adult, opened a CAP Premier account with his Aunt, Ms. Caffrey May 1997. A CAP Premier: Capital Asset Protection account with Mike Peoples at then First Union Bank, the Wesley Chapel, Decatur, GA branch of First Union . A CAP Premier is a combination investment brokerage account and Bank account, set up in such a way as to protect the assets of the customer . Ms. Caffrey signed and had notarized a special Durable Power of Attorney to Mr . Stegeman January 1998 . Ms. Caffrey signed and had notarized a Directive relinquishing "all of her share of the Wachovia accounts" April 1999 . Plaintiffs legally transferred the assets to Bank # : 4802298204 , Investment : 57316672 from Bank #: 4800548691 , Investment # : 19524058 June 12, 2002 to accounts into their legal names . June 14, 2004, Mr . Joyner was appointed Temporary Guardian of Property of Ms . Caffrey. Wachovia changed the address on the

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accounts even though the address the accounts were sent to since May 1997 was different than the address of Ms . Caffrey who still had a Savings account at the bank. Wachovia began sending all of the Plaintiff s statements to the guardian, denying all access and info to the Plaintiffs about the accounts . The paperwork used to do this was a Temporary Guardianship of Property unsigned by a .Tudge. No Court Order or legal documents were provided to Wachovia . Attorney Mr . Sam Appel, on or around dune 14 , 2002 requested to Wachovia that the accounts be frozen . Ms . McDonald found that the accounts were not frozen late June . Mr. Appel3uly 01, 2002 sent a letter to Cindy Wall, Regional Manager, to insure and verify that the accounts were frozen until ownership could be proven . Mr . Appel received a letter from Joseph Serge, which confirmed . While accounts were frozen, Wachovia denied all knowledge to the Plaintiffs of activities in the accounts, re-issued stocks, Mutual

Funds, allowed same to be sold and allowed removal of cash in the amount of $14,943 .00 by Mr. Joyner . (c) Legal I ssues to be Tried are as follows: Unauthorized reversal

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of legal transfer dated June 12, 2002 . Unauthorized changing of Plaintiff's address . Unauthorized closing CAP Premier bank accounts two separate ocassions . Unauthorized re-issuance of stocks and Mutual Funds . Unauthorized removal of $14,943 .00. Unauthorized addition of Mr . Joyner's name to accounts . Unauthorized de-linking of accounts and de-linking of Mr. Stegeman. Refusal to release account Jo int Tenants . With Rights of Survivorship upon death of Ms . Caffrey . Refusal to release accounts upon "Memorandum of Understanding" dated March 24, 2004 in which Mr. Joyner, Mr. Lillig III agreed the accounts had belongedd to Mr . Stegeman and Ms . McDonald and asked to settle the suit brought by Mr . Joyner as Guardian of Property o f Ms. Caffrey . Fal sifyi ng of document s, Forgeries,. (d) The cases listed below are : (1) Pending Related Cases : There are none in The United States Federal District Courts . The "Order" signed by Judge Hunter 02/22/2006 has been appealed to Georgia Court of Appeals, case #: 06CV1065-8. (2) Previously Adjudicated Related Cases : Superior Court Case in which Mr. Joyner v Mr. Stegeman 0209732-5 , settled out of Court which Wachovia was named as a party .

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2 . This case is complex because it posses one (1) or more of the features listed below (please check) : (1)

Unusually large number of parties

(2) Unusually large number of claims or defenses (3)

Factual issues are exceptionally complex

(4) Greater than normal volume of evidence (5)

Extended discovery period is needed

(6) Problems locating or preserving evidence (7)

Pending parallel investigation or action by government

(8)

Multiple use of experts

(9) Need for discovery outside United States boundaries .(10) Existence of highly technical issues and proof 3. Counsel. The following individually-named attorneys are hereby designated as lead counsel for the parties : Plaintiffs: Pro Se Defendant Wachovia Bank, National Association : William J . Honey, II Jodi Emmert Zysek 1500 Marquis Two Tower

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285 Peachtree Center Ave ., N.E. Atlanta, GA 30303 (404) 523-5300 (404) 522-8409 4. Jurisdiction: Is there any question regarding this Court's jurisdiction? X Yes Attached (1) page, explaining the jurisdictional objection, if there are multiple claims the Plaintiffs will identify and discuss separately the claim(s) on which the objection is based, supported by authority . 5. Parties to T his Action : (a) The following persons are necessary parties who have not been joined: Wachovia Securities . (b) The following persons are improperly joined as parties : none. (c) The names of the following parties are either inaccurately stated or necessary portions of their names are omitted :

(d) The parties have a continuing duty to inform the court of any contentions regarding unnamed parties necessary to this action or any contentions regarding misjoinder or parties or errors in the statement of a party 's name .

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6. Ame ndments to the Pleadings: Amended and supplemental pleadings must be filed in accordance with the time limitations and other provisions of Fed . R.Civ .P . 15 . Further instructions regarding amendments are contained in LR 15 . (a) List separately any amendments to the pleadings which the parties anticipate will be necessary : Wachovia continually insists that the Plaintiffs have failed to state a claim upon which relief can be granted .

Wachovia claims that is the reason for not answering the cqmplaint. The Plaintiffs did state legally co izable claims . The Plaintiffs realize this is not a criminal hearing, that Wachovia is not being criminally charged . If Wachovia would have taken the time to read the complaint, the would

realize that the issues are clearly stated . Wachovia's numerous code violations shows the malice and contempt for which fraud breach of contract breach of du are necessary o have a claim for which relief can

be granted as well as punitive damages and attorney's fees added. Not answering complaint is grounds for Default Judgment which the Plaintiffs did file for. It was ignored. (b) Amendments to the pleadings submitted LATER THAN

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THIRTY (30) DAYS after the Joint Preliminary Report and Discovery Plan is filed, or should have been filed, will not be accepted for filing, unless otherwise permitted by law . 7. Filing Times Fo r Motions : All motions should be filed as soon as possible . The local rules set specific filing limits for some motions . These times are restated below .

All other motions must be filed WITHIN THIRTY (30) DAYS after the beginning of discovery, unless the filing party has obtained prior permission of the court to file later . Local Rule 7-OA(2) . (a) Motions to Compel : before the close of discovery or within the extension period allowed in some instances . Local Rule 3 7 . 1 . (b) Summary Judgment Motions : within twenty (20) days after the close

of discovery, unless otherwise permitted by court order. Local Rule 56.1 . (c) Other Limited Motions.- Refer to Local Rules 7.2A; 7.2B, and 7.2E, respectively, regarding filing limitations for motions pending on removal, emergency motions, and motions for reconsideration . (d) Motions Objecting to Expert Testimony: Daubert motions with regard to expert testimony no later than the date that the proposed pretrial order is submitted . Refer to Local Rule 7 .2F.

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8. Initial Disclos ures: The parties are required to serve initial disclosures in accordance with Fed.R.Civ .P.26. If any party object that initial disclosures are not

appropriate, state the party and basis for the party's objection . 9. Request for Scheduling Conference . Does any party request a scheduling conference with the court? If so, please state the issues which could be addressed and the position of each

party10. Discovery Pe riod: The discovery period normally commences thirty (30) days after the appearance of the first defendant by answer o the complaint . As stated in LR 26 .2A, responses to initiated discovery must be completed before expiration of the assigned discovery period . Cases in this Court are assigned to one of the following three (3) discovery tracks : (a) zero (0)-months discovery period, (b) four (4)months discovery period, and (c) eight (8)-months discovery period . A chart showing the assignment of cases to a discovery track by filing category is contained in Appendix F . The track to which a particular case

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is assigned is also stamped on the complaint and service copies of the complain at the time of filing . Please state below the subjects on which discovery may be needed : The Plaintiffs have r nested documentation authorizing Wachovia's actions on numerous occasions Mr . A olins Burin a le al investi ation subpoenaed W achovia Bank and Wachovia Securities in an attempt to gain the information needed . Wachovia refused the information even after Jud e Hunter signed an order to produce the documents . Therefore discovery subjects are: Reversal of June 12,

transfer . Legal

authority r documents for Dismissal of Mr . Ste eman's Durable Power of . Attorney

Legal authority r documents disputing s . McDonald's

ownershi . The accounts titled Jean S . Caffre and James B . Ste eman Joint- Tenants With Rights of Survivorship, authorization for changing the dates of o enin accounts . The accounts titled Janet D . McDonald and James B . Ste eman Joint Tenants With Rights of Survivorship . Who gave authorization to change all dates associated with dividends, who inserted

forged acquisition documents where the came from . Where old Power of Attorneys came from who submitted to Wachovia documents that neither Plaintiff ever submitted to Wachovia. Court Order showing Mr .

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Jo er full authority over accounts and Mr . Ste eman. Documentation pertaining to Mr. Jo ner and his Social Securi number as sole owner o f the account . Documents with Mr . Ste eman and or Ms . McDonald's signatures to close an accounts associated with their names . Disappearance of $14,943-00 the re-issuance of stocks and Mutual Funds . Due to lack of answer of c mp laint by the defendants, the Plaintiffs would like to reserve the option to add discovery aterial to include if and when Wachovia answers.

11 . Discov ery Limitation : What changes should be made in the limitations on discovery imposed under the Federal Rules of Procedure or Local Rules of this Court, and what other limitations should be imposed . Although the normal discovery

period normally commences thirty 30 days after the a earance of the first defendant b answer to the com Taint Wachovia Bank has re nested that the discovery period not commence until ten 10 days after the Court has ruled on Wachovia Bank's Motion to Dismiss the Complaint and The Court has made an Order on Wachovia's r nest . The Plaintiffs have filed an Appeal of Judge e Hunter's decision of Wachovia's Notice of Removal . The Plaintiffs have repeatedly brought this to the attention of the Courts

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asking that all Motions, etc be stopped until the Appeal has been decided . Wachovia has suggested that the Appeal is not real, the Plaintiffs recently received the AMeal to Court of Appeals showing that the A Meal to supreme Court has been changed to The Court of Appeals . The fee associated with such having been paid and Notice to This Court has been filed. The Plaintiffs request that no other actions, motions, pet itions, discovery, etc be had, filed, or decided until such time the Georgia Court of Appeais has made a decision . 12. Other Orders : What other orders do the parties think that the Court should enter under Rule 26(c) or Rule 16 (b) and (c)? See above. 13. Settlement Potential : (a) Plaintiffs were unable to conduct a Rule 26(f) conference with defendants . (b) Wachovia states that a Settlement appears unlikely . (c) Plaintiffs do not intend to hold additional settlement conferences among themselves prior to the close of discovery . (d) The following specific problems have created a hindrance to settlement of this case: Prior to The Plaintiffs filing the complaint, the

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Plaintiffs had suggested arbitration Wachovia refused. The defendants continue to contend that the Plaintiffs refused to participate in a Rule 26(f) conference . The defendants are misleadin g This Court, March Ob, 2006 Plaintiffs received letter from Wachovia about a meeting . March QS 2006 Plaintiffs mailed a re 1 suggesting a neutral place for the meeting that went ignored . March 09, 20Q6 the Plaintiffs received Wachovia's Initial Disclosure and Wachovia Preliminary Report both staring g that the Plaintiffs refused to the conference . Wachovia continually makes misleading statements to This Court. (d) Trial by Magistrate Judge: Note: Trial before a Magistrate Judge will be by Jury trial if a party is otherwise entitled to a jury trial . (b)

The Plaintiffs do not consent to having this case tried before a Magistrate Judge of this Court .

This 3rd day of April, 2006 .

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Respectfully

821 Sheppard Rd. Stone Mountain, GA 30083 (770) 879-8737

821 Sheppard Rd Stone Mountain, GA 30083 (770) 879-8737

The information contained in the above Plaintiff s Preliminary Report and Discovery Plan are true and correct to belief and knowledge

of the Plaintiffs .

Subscribed to and,Sworn Before me this -day 3 Of April, 2006 .

Notary Publ i c

My Commission Exp '

r

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CERTIFiCA,TE OF SERVICE I hereby certify that this 3dday of April, 200 served a true and copy of the foregoing PLAINTIFF'S PRELIMINARY REPORT AND DISCOVERY PLAN upon the defendants in this matter by causing to be deposited, in the U .S. Mail proper postage paid to thee defendants through each attorney separately as listed on file as follows :

PARKER, HUDSON, RAINER, DOBBS, LLP William J . Holley, 11 Jodi Emmert Zysek 1500 Marquis Two Tower 285 Peachtree Center Avenue, N.E. Atlanta, GA 34303

,IAMES _Br. SZ WMAN, Pro Se 821 Sheppard Rd Stone Mountain, GA 3008. 3 (770) 879-8737

821 Sheppard Rd Stone Mountain, GA 30083 (770) 879-8737 Subscribed to aQwworn Before me this 3 • clay Of April, 2006 .

?" 110 My C ommission Expires :

J l fir.

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