Cooke et al v. DB 85 Gym Corp et al

Filing 24

RULE 26 DISCLOSURE.Document filed by CV II Gym, LLC, CV VI, LLC, DB 85 Gym Corp, DB Broadway Gym Corp., Carl Helmle, III, Kevin Kavanaugh.(Colwin, Mercedes)

GORDON & REES LLP

90 Broad Street, 23rd Floor
New York, New York 10004
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
---------------------------------------------------------------------- X
DEBORAH R. COOKE and CHRISTINA M. RODINO,

United States District Court
Southern District of New York

Plaintiffs,

Case No.: 11-CIV-0201 (AKH)

-againstDB 85 GYM CORP. d/b/a DAVID BARTON GYM,
CV II GYM, LLC d/b/a DAVID BARTON GYM, CV
VI, LLC d/b/a DAVID BARTON GYM, DB
BROADWAY GYM CORP. d/b/a DAVID BARTON
GYM, KEVIN KAVANAUGH, and CARL HELMLE
III,

INITIAL DISCLOSURES
PURSUANT TO FEDERAL RULE
OF CIVIL PROCEDURE 26(a)(1)
ON BEHALF OF DEFENDANTS

Defendants.
---------------------------------------------------------------------- X

TO:

H.P. Sean Dweck, Esq.
Corey Stark, Esq.
Attorneys for Plaintiffs
Deborah R. Cooke and
Christina M. Rodino
75 Rockefeller Plaza
New York, New York 10019
[phone]

Defendants, DB 85 Gym Corp. d/b/a David Barton Gym, CV II Gym, LLC d/b/a David
Barton Gym, CV VI, LLC d/b/a David Barton Gym, DB Broadway Gym Corp. d/b/a David
Barton Gym, Kevin Kavanaugh and Carl Helmle (together “Defendants”), by and through their
attorneys, GORDON & REES LLP, as and for their initial disclosures pursuant to Federal Rule
of Civil Procedure Rule 26(a)(1), sets forth the following:

(i)

The name, and if known, the address and telephone number of each
individual likely to have discoverable information that the disclosing party
may use to support its claim or defense, unless solely for impeachment,
identifying the subjects of the information.

In addition to anyone identified by Plaintiffs, which individuals are hereby incorporated
by reference, the following individuals may have knowledge and/or information relating to
Defendants’ claims and defenses in this case:

Plaintiff Deborah R. Cooke
c/o Sean Dweck, Esq. and Corey Stark, Esq.
75 Rockefeller Plaza
New York, New York 10019
(Matters pertaining to all allegations in the Complaint)
Plaintiff Christina M. Rodino
c/o Sean Dweck, Esq. and Corey Stark, Esq.
75 Rockefeller Plaza
New York, New York 10019
(Matters pertaining to all allegations in the Complaint)
Defendant Kevin Kavanaugh
c/o Gordon & Rees, LLP
90 Broad Street, 23rd Floor
New York, New York 10004
(Matters pertaining to the claims and allegations asserted against him in the
Complaint)
Defendant Carl Helmle
c/o Gordon & Rees, LLP
90 Broad Street, 23rd Floor
New York, New York 10004
(Matters pertaining to the claims and allegations asserted against him in the
Complaint)
Danny Kirkwood
c/o Gordon & Rees, LLP
90 Broad Street, 23rd Floor
New York, New York 10004
(Matters pertaining to David Barton Gym’s Human Resources Department)

2

David Barton
c/o Gordon & Rees, LLP
90 Broad Street, 23rd Floor
New York, New York 10004
(Matters pertaining to the claims and allegations asserted in the Complaint)
Elan Ben-Avi
Address Unknown
(Matters pertaining to Plaintiffs’ separation from David Barton Gym)
David Martinez
c/o Gordon & Rees, LLP
90 Broad Street, 23rd Floor
New York, New York 10004
(Matters pertaining to the claims and allegations asserted in the Complaint)

Defendants reserve the right to supplement these individuals as may be appropriate or
necessary.

(ii)

A copy of, or a description by category and location of, all documents, data
compilations, and tangible things that are in the possession, custody, or
control of the party and that the disclosing party may use to support its
claims or defenses, unless solely for impeachment.

The following categories of documents are in the possession of the Defendants and may
be used to support their defenses in this matter:
1.

Documents relating to Plaintiffs’ employment history, performance and

termination.
2.

Documents relating to Defendants’ policies and procedures.

Defendants reserve the right to supplement these documents as may be appropriate or
necessary.

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(iii)

A computation of any category of damages claimed by the disclosing party.

At the present time, Defendants are not claiming any damages. Accordingly, Defendants
have no computation of any category of damages to produce.

(iv)

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 the action, or to indemnify or reimburse for payments made to
satisfy the judgment.

Club Ventures Investments LLC was issued an Employment Practices Liability Insurance
Policy by Chartis, Policy No. 01-357-98-16, for the policy period November 27, 2010 through
November 27, 2011.

Reservation of Rights and Amendments
The responses set forth herein are made without waiving:
1.

the right to object on the grounds of competency, privilege, relevancy,
materiality or any other proper ground to the use of material described herein,
for any purpose, in whole or in part, in any subsequent proceeding in this action
or in any other action;

2.

the right to object on any and all proper grounds, at any time, to discovery
requests or other discovery procedures involving or relating to the subject
matter addressed herein; and

3.

the right at any time to revise, correct, modify, supplement, or clarify any of the
responses provided herein.

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Dated: New York, New York
September 16, 2011
Respectfully submitted,
GORDON & REES LLP
By: /s/
Mercedes Colwin (MC 3862)
Sarir Zandi (SZ 0094)
Attorneys for Defendants
DB 85 Gym Corp. d/b/a David Barton Gym,
CV II Gym, LLC d/b/a David Barton Gym,
CV VI, LLC d/b/a David Barton Gym, DB
Broadway Gym Corp. d/b/a David Barton
Gym, Kevin Kavanaugh, and Carl Helmle,
III
90 Broad Street, 23rd Floor
New York, NY 10004
[phone] (Phone)
[phone] (Fax)

CHRTS/1068109/10727744v.1

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