Wareham Free Library et al v. Wareham, Town of et al

Filing 55

Disclosure pursuant to Rule 26 by Wareham Library Foundation, Inc..(Zoubaidoulline, Timour)

Wareham Free Library et al v. Wareham, Town of et al

Doc. 55

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS DOCKET NO. 07-CV-11807 RGS WAREHAM FREE LIBRARY, INC. and PRISCILLA PORTER, MARY NYMAN, HAZEL TABER, MICHELLE BAUM, SANDRA WHEELER, JOHN LANCI, MARTHA MAGUIRE, YELENA FARIOLI-BEAUPRE, and DIANE LAZARUS, Individually and As Trustees of Wareham Free Library, Inc. Plaintiffs / Defendants in Counterclaim / Plaintiffs in Counterclaim for Indemnification / Third Party Plaintiffs v. THE TOWN OF WAREHAM Defendant / Plaintiff in Counterclaim / Defendant in Counterclaim for Indemnification and BRENDA ECKSTROM, BRUCE SAUVAGEAU, JOHN CRONAN, JAMES POTTER, and M. JANE DONAHUE, Individually and As Members of The Board of Selectmen of Wareham Defendants v. FRIENDS OF THE WAREHAM FREE LIBRARY, INC., and THE WAREHAM LIBRARY FOUNDATION, INC. Defendants in Counterclaim v. MIIA PROPERTY AND CASUALTY GROUP, INC. Third Party Defendant INITIAL DISCLOSURES BY THE WAREHAM LIBRARY FOUNDATION, INC. AND ITS INDIVIDUALLY NAMED OFFICERS AND DIRECTORS

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I. A.

Rule 26(a)(1)(A) Disclosures: Plaintiffs / Defendants in Counterclaim / Plaintiffs in Counterclaim for Indemnification / Third Party Plaintiffs 1. 2. 3. 4. 5. 6. 7. 8. 9. Priscilla Porter Mary Nyman Hazel Taber Michelle Baum Sandra Wheeler John Lanci Martha Maguire Yelena Farioli-Beaupre Diane Lazarus

B.

Defendants 10. 11. 12. 13. 14. Brenda Eckstrom Bruce Sauvageau John Cronan James Potter M. Jane Donahue

C.

Current and/or former Trustees of Wareham Free Library, Inc., Officers and Directors of The Wareham Library Foundation, Inc. and/or Friends of the Wareham Free Library, Inc. (other than individually named plaintiffs) 15. 16. Ann Bower Kerry Mello

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17. 18. 19. 20. 21. 22. 23. E.

Nora Bicki Joavina Dean Marcine Fernandes Kathleen Gleason Deena Kinsky Lynn Fischer Susan Pizzolatto (currently, Acting Director of Wareham Free Library)

Agents and employees of the Town of Wareham 24. 25. 26. 27. 28. 29. Mary Jane Pillsbury ­ former Director of Wareham Free Library, and former member of the Board of Selectmen John Foster ­ former Acting Town Administrator John T. Donahue ­ former Town Moderator R. Renee Fernandes ­ former member and Chairman of the Board of Selectmen Patrick G. Tropeano ­ former member and Chairman of the Board of Selectmen Elizabeth R. Corbo ­ Town counsel, attorney with Kopelman & Paige, P.C.

II.

Rule 26(a)(1)(B) Disclosures: 1. 2. 3. 4. 5. Articles of Organization of Wareham Free Library, Inc., dated August 15, 1891 Certificate of legal existence of Wareham Free Library, Inc., issued by the Secretary of the Commonwealth, dated August 10, 2007 Bylaws of Wareham Free Library, Inc., effective April 11, 1979 Records of private donations to Wareham Free Library, Inc. in 1980s and 1990s Financial records of Wareham Free Library, Inc., including tax returns

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6. 7.

Fidelity Bond of Wareham Free Library, Inc. with Western Surety Company Records relating to the partial transition of the Library into the town government system in late 1970s / early 1980s, as described in paragraphs 10, 11, and 12 of the Complaint, including records of the Library Transition Committee, numerous correspondences, etc. Trustee appointment letters, issued by the Town of Wareham: 1) 2) 3) 4) 5) 6) 7) 8) 9) Letter appointing Priscilla Porter (June 27, 2006) Letter appointing Mary Nyman (June 8, 2004) Letter appointing Hazel Taber (June 21, 2005) Letter appointing Michelle Baum (June 8, 2004) Letter appointing Sandra Wheeler (June 20, 2004) Letter appointing John Lanci (June 27, 2006) Letter appointing Martha Maguire (June 20, 2004) Letter appointing Yelena Farioli-Beaupre (June 27, 2006) Letter appointing Diane Lazarus (July 19, 2005)

8.

9. 10.

Letters sent by Friends of The Wareham Free Library, Inc. to Wareham residents in April 2007, urging them to vote against the proposed cut in the Library budget Donation agreement between The Spinney Memorial, Inc., Friends of the Wareham Free Library, Inc. and the Town of Wareham, acting by and through its Board of Selectmen, dated June 9, 2005 Minutes of meetings of the Board of Selectmen of the Town of Wareham on the following dates: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) December 5, 2006 January 2, 2007 February 6, 2007 February 20, 2007 March 27, 2007 April 10, 2007 April 17, 2007 April 23, 2007 May 7, 2007 May 15, 2007 May 22, 2007 August 7, 2007 November 7, 2007

11.

12.

Video recording of the meeting of the Board of Selectmen on July 24, 2007, on CD

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13. 14. 15. 16.

Minutes of the meetings of the Board of Trustees of Wareham Free Library, Inc. Letter from Elizabeth R. Corbo, as Town Counsel, to the Board of Selectmen of the Town of Wareham, dated July 16, 2007 Letter from Elizabeth R. Corbo, as Town Counsel, to John Lanci, dated July 26, 2007 Newspaper articles, from 2006 forward, concerning factual matters alleged in the Complaint, and concerning this lawsuit and plaintiffs

III.

Rule 26(a)(1)(C) Disclosures:

Defendants in Counterclaim are claiming no damages, other than award of all their legal costs and fees for the defense of the Counterclaim brought against them by the Town of Wareham, including legal fees pursuant to M.G.L. c. 231, § 6F. IV. Rule 26(a)(1)(D) Disclosures: None. Respectfully submitted by DEFENDANTS IN COUNTERCLAIM, The Wareham Library Foundation, Inc., and Its individually named officers and directors, By Their Attorneys, LAW OFFICES OF BEAUREGARD, BURKE & FRANCO / S / Timour Zoubaidoulline ________________________________________ TIMOUR ZOUBAIDOULLINE, BBO # 656212 32 William Street, New Bedford, MA 02740 Tel. [phone] [e-mail] Dated: August 21, 2008

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CERTIFICATE OF SERVICE In accordance with the Electronic Case Filing ("ECF") Administrative Procedures of the United States District Court for the District of Massachusetts, I, Timour Zoubaidoulline, hereby certify that the foregoing document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing ("NEF") and that paper copies will be sent to those indicated as non-registered participants by first class mail on August 21, 2008. / S / Timour Zoubaidoulline ________________________________________ TIMOUR ZOUBAIDOULLINE, BBO # 656212

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