State Of Georgia Defendants' Initial Disclosures

Case 1:06-cv-02954-WSD

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Filed 03/06/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN,

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Plaintiff, v. STATE OF GEORGIA, et al., Defendants.

CIVIL ACTION FILE NO. 1:06-CV-2954

DEFENDANTS STATE OF GEORGIA, DEKALB COUNTY DEPARTMENT OF FAMILY AND CHILDREN SERVICES, STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES, and GEORGIA SUPERIOR COURT, STONE MOUNTAIN JUDICIAL CIRCUIT’S INITIAL DISCLOSURES COME

NOW,

DEFENDANTS

STATE

OF

GEORGIA,

DEKALB

COUNTY

DEPARTMENT OF FAMILY AND CHILDREN SERVICES, STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES, and GEORGIA SUPERIOR COURT, STONE MOUNTAIN JUDICIAL CIRCUIT and, pursuant to Rule 26(a) of the Federal Rules of Civil Procedure and Rule 26.1 of the Local Rules for the United States District Court for the Northern District of Georgia make these initial disclosures as follows: (1) If the defendant is improperly identified, state defendant's correct identification and state whether defendant will accept service of amended summons and complaint reflecting the information furnished in this disclosure response.

Case 1:06-cv-02954-WSD

RESPONSE:

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These Defendants have been properly identified.

However, these Defendants respectfully submit they are not subject to suit in this matter under federal and state law. (2) Provide the names of any parties whom defendant contends are necessary parties to this action, but who have not been named by plaintiff. misjoinder

If defendant contends that there is a question of of

parties,

provide

the

reasons

for

defendant's

contention. RESPONSE:

These Defendants are unaware of any additional

necessary parties that have not been joined to this matter. (3) Provide a detailed factual basis for the defense or defenses and any counterclaims or crossclaims asserted by defendant in the responsive pleading. RESPONSE: this matter.

These Defendants are not liable to Plaintiff in Plaintiff is improperly attempting to hold these

Defendants culpable for various State Court rulings handed down to his detriment.

Additionally, these Defendants are not “legal

persons” capable of being sued under federal law and are immune from liability under federal law pursuant to the 11th Amendment. Plaintiff also failed to adhere to several procedural requirements in relation to his claims under state law pursuant to the Georgia

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Case 1:06-cv-02954-WSD

Tort Claims Act.

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As such, Plaintiff’s state law claims are barred

as well. (4) Describe in detail all statutes, codes, regulations, legal principles, standards and customs or usages, and illustrative case law which defendant contends are applicable to this action. RESPONSE:

42 U.S.C. § 1983, the Eleventh Amendment, and the

Georgia Tort Claims Act (§§ 50-21, 20, et seq.) with illustrative case law. (5) Provide the name and, if known, the address and telephone number of each individual likely to have discoverable information that you may use to support your claims or defenses, unless solely for impeachment, identifying the subjects of the information. (Attach witness list to Initial Disclosures as Attachment A.) RESPONSE: Aside from the individuals identified in Plaintiff’s Complaint, these Defendants are not able at this time to provide the names, addresses and telephone numbers of each individual likely to have discoverable information that might be used to support their defense of this matter.

These Defendants will

supplement this response in the event any such individuals are identified.

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Case 1:06-cv-02954-WSD

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(6) Provide the name of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence.

For all experts described in Fed.R.Civ.P. 26(a) (2)

(B), provide a separate written report satisfying the provisions of that rule.

(Attach expert witness list and written reports to

Initial Disclosures as Attachment B.) RESPONSE:

These Defendants have not retained an expert, nor

do they anticipate doing so.

In the event an expert is retained,

these Defendants will supplement this response accordingly. (7) Provide a copy of, or description by category and location of, all documents, data compilations, and tangible things in your possession, custody, or control that you may use to support your claims or defenses unless solely for impeachment, identifying the subjects

of

the

information.

(Attach

document

list

and

descriptions to Initial Disclosures as Attachment C.) RESPONSE:

Other than the documents attached to Plaintiff’s

Complaint and his various pleadings, these Defendants are unaware of any documents, data compilations, or tangible things they may use to support their defense of this case.

In the event such

information is identified, these Defendants will supplement these responses accordingly.

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Case 1:06-cv-02954-WSD

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(8) In the space provided below, provide a computation of any category of damages claimed by you.

In addition, include a copy

of, or describe by category and location 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 injuries suffered, making such documents or evidentiary material available for inspection and copying under Fed.R.Civ.P. 34.

(Attach any copies and descriptions to Initial

Disclosures as Attachment D.) RESPONSE:

Not applicable. (9)

If defendant contends that some other person or legal entity is, in whole or in part, liable to the plaintiff or defendant in this matter, state the full name, address, and telephone number of such person or entity and describe in detail the basis of such liability. RESPONSE:

Not applicable. (10)

Attach for inspection and copying as under Fed.R.Civ.P. 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for

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Case 1:06-cv-02954-WSD

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payments to satisfy the judgment.

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(Attach copy of insurance

agreement to Initial Disclosures as Attachment E.) RESPONSE:

These

Defendants

will

supplement

this

initial

disclosure with such documents, should they exist, once acquired. Respectfully submitted this 6th

day of March 2007.

/s/Matthew R. LaVallee MATTHEW R. LAVALLEE Georgia Bar No. 438196

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Case 1:06-cv-02954-WSD

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN,

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Plaintiff, v. STATE OF GEORGIA, et al., Defendants.

CIVIL ACTION FILE NO. 1:06-CV-2954

CERTIFICATE OF SERVICE I hereby certify that on March 6th, 2007 a true and correct copy of the within and foregoing INITIAL DISCLOSURES OF DEFENDANTS STATE OF GEORGIA, DEKALB COUNTY DEPARTMENT OF FAMILY AND CHILDREN SERVICES, STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES, and GEORGIA

SUPERIOR

COURT,

STONE

MOUNTAIN

JUDICIAL

CIRCUIT

was

electronically filed with the Clerk of Court using the CM/ECF system which will automatically send email notification of such filing to the following attorneys of record: Peter C. Brown Richard A. Carothers Carothers & Mitchell, LLC 278 West Main Street Buford, GA 30518

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Case 1:06-cv-02954-WSD

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A copy of the document will be mailed to the following non-CM/ECF participants using the United States Postal Service: James B. Stegeman, pro se 821 Sheppard Road Stone Mountain, GA 30083 This 6th day of March 2007. /s/Matthew R. LaVallee MATTHEW R. LAVALLEE Georgia Bar No. 438196

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