Yakkey v. Metro Mart USA et al

Filing 4

OPINION AND ORDER allowing Plaintiffs ADA and negligent infliction of emotional distress claims to proceed. Plaintiffs negligence per se claim is dismissed under 28 U.S.C. § 1915(e)(2)(B). The Clerk is directed to send Plaintiff copies of a USM 285 form, summons, and initial disclosures form, which Plaintiff should complete and return one for Defendant to the Clerk within twenty (20) days of the entry date of this Order. Upon receipt of the forms by the Clerk, the Clerk is directed to prepa re a service waiver package for Defendant. In the event Defendant does not return the Waiver of Service form to the Clerk of Court within thirty-five (35) days following the date the service waiver package was mailed, the Clerk is directed to prepare and transmit to the USMS a service package. Signed by Judge William S. Duffey, Jr on 2/24/17. (Attachments: # 1 Plaintiff's Initial Disclosures, # 2 USM-285 Form, # 3 Summons)(ddm)

DOCUMENTS ASSOCIATED
WITH CIVIL CASES
PENDING IN THE
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA

I. INITIAL DISCLOSURES
A.

Plaintiffs Initial Disclosures.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
DIVISION

VS.

Civil Action No.

PLAINTIFF'S INITIAL DISCLOSURES
(1) State precisely the classification of the cause of action being filed, a brief
factual outline of the case including plaintiffs contentions as to what defendant did or
failed to do, and a succinct statement of the legal issues in the case.

Revised 06/01/02

(2) Describe in detail all statutes, codes, regulations, legal principles, standards
and customs or usages, and illustrative case law which plaintiff contends are
applicable to this action.

(3) Provide the name and, if known, the address and telephone number of each
individual likely to have discoverable information .thatyou 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.)

(4) 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.)
(5) Provide a copy of, or a 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.)
(6) 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
Revised 06/01/02

APP.B - 3

material available for inspection and copying as under Fed.R.Civ.P. 34. (Attach any
copies and descriptions to Initial Disclosures as Attachment D.)

(7) 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 satisfj part or all of a judgment which may be entered in this action or to indemnifj
or reimburse for payments made to satisfj the judgment. (Attach copy of insurance
agreement to Initial Disclosures as Attachment E.)
(8) Disclose the full name, address, and telephone number of all persons or legal
entities who have a subrogation interest in the cause of action set forth in plaintiffs
cause of action and state the basis and extent of such interest.

Revised 06/01/02