MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 261

REPLY, filed by Defendants ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH, to Response to #249 MOTION for Protective Order filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: #1 Exhibit A - Plaintiffs' First Request for Production, #2 Exhibit B - Plaintiffs' Second Request for Production of Documents and Things)(SUN, PAUL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

RYAN McFADYEN, MATTHEW
WILSON, and BRECK ARCHER,

Plaintiffs
v.

No.: 1:07-CV-953

DUKE UNIVERSITY, et al.

Defendants.

REQUEST FOR PRODUCTION
(Fed. R. Civ. P. 34)
___________________________________________________
To: Richard Ellis

Dixie Wells
Attorneys for Duke University, Robert Dean,
Matthew Drummond, Aaron Graves, and Gary Smith
[e-mail]

[e-mail]

Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Plaintiff Breck
Archer requests that Duke University, Robert Dean, Matthew Drummond, Aaron
Graves, and Gary Smith produce all documents, electronically stored information,
and tangible thing described in the Initial Disclosures made by Duke University,
Robert Dean, Matthew Drummond, Aaron Graves, and Gary Smith to the

1

Plaintiffs in this action pursuant to Fed. R. Civ. P. Rule 26(a)(1)(A) (referred to
herein as “Defendants’ Initial Disclosures,” incorporated herein by reference, and
annexed to this Request as Exhibit A).
Pursuant to Fed. R. Civ. P. Rule 34, a copy of all documents, electronically
stored information, and tangible things sought by this Request for Production and
the written response to the Request, must be served or produced for inspection and
copying, within 30 days of service of this Request, to the offices of undersigned
counsel, EKSTRAND & EKSTRAND LLP, 811 Ninth Street, Suite 260, in
Durham, North Carolina.
DEFINITIONS AND INSTRUCTIONS
This Request for Production encompasses all documents, electronically
stored information, and tangible things that are or should have been described in
Defendants’ Initial Disclosures.

For purposes of this request, the terms

“documents,” “ESI,” and “tangible things” are used in the broadest possible sense
and to the full extent allowed by Rules 26 and 34 of the Federal Rules of Civil
Procedure.

Therefore this Request for Production encompasses any document,

ESI, or tangible thing from which information may be derived or obtained. By
way of illustration, this Request for Production requires production of all
responsive writings; drawings; graphs; charts; recordings of any kind (e.g.,
stenographic, written, sound, or video recordings); data of any kind, including
2

compilations and syntheses of data; computerized, programmed or graphic matter;
statements, letters, communications, emails, text messages, notes, reports,
memoranda, analyses, forms, envelopes, summaries, syntheses, compilations,
journals, diaries, logs, calendars, agendas, minutes, bulletins, instructions, receipts,
ledgers, and all drafts, revisions to, and versions of any of the foregoing documents,
ESI, and tangible things.
This Request requires production of responsive documents, ESI, and
tangible things regardless the means by which it was created, delivered, received, or
stored, including, for example, any electronic device, server, computer, SaaS
platform, telephone, tablet, mobile phone, electronic storage device, personal data
assistant, or electronic devices used for communication and data storage, such as a
palm pilot, iPad, iPhone, iTouch, Blackberry, Android, and other electronic devices.
Electronically stored information (“ESI”) responsive to this Request for
Production must be produced in the following form(s):
1.

E-mails may be produced in .pst files (which is the format that Duke

University identifies in its instructions to faculty and students as the format
universally usable by all users of its email system) or in a format that may be
collected in .pst files and imported into Microsoft Outlook and forwarded

3

e l e c t ro n i c a l l y t o t h e P l a i n t i f f s ’ c o u n s e l ’s e - m a i l s y s t e m at
[e-mail].
2.

Spreadsheets may be produced in a format compatible with or in

Microsoft Excel.
3.

Word processing documents may be provided in a format compatible

with Microsoft Word.
4.

All other ESI should be provided in the format in which they were

received by or created by you.

Dated: October 6, 2011

Respectfully submitted by:
/s/ Robert C. Ekstrand
Robert C. Ekstrand (N.C. Bar No. 26673)
Stefanie A. Sparks (N.C. Bar. No. 42345)
[e-mail]
[e-mail]
811 Ninth Street, Second Floor
Durham, North Carolina 27705
Tel: [phone]
Fax: [phone]
Counsel for Plaintiffs

4

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

RYAN McFADYEN, MATTHEW
WILSON, and BRECK ARCHER,

Plaintiffs
v.

No.: 1:07-CV-953

DUKE UNIVERSITY, et al.

Defendants.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on October 7, 2011, the foregoing Request for
Production was served pursuant to the parties’ agreement to serve documents not
subject to routine filing with the Court via electronic mail pursuant to Rule 5(b)(2)
(E) as follows:

[e-mail]
[e-mail]

Respectfully submitted by:
/s/ Robert C. Ekstrand
Robert C. Ekstrand (N.C. Bar No. 26673)
Stefanie A. Sparks (N.C. Bar. No. 42345)

5

EXHIBIT A

PLAINTIFFS' FIRST REQUEST FOR PRODUCTION

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NUMBER 1:07-CV-00953
RYAN McFADYEN, et al.,
Plaintiffs,
DUKE DEFENDANTS'
INITIAL DISCLOSURES
Fed. R. Civ. P. 26(a)(1)

v.
DUKE UNIVERSITY, et al.,
Defendants.

Duke University, Robert Dean, Matthew Drummond, Aaron Graves, and Gary N.
Smith (herein "Duke Defendants"), by and through their undersigned counsel, provide
the following Initial Disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil
Procedure and the LR 16(c) Initial Pretrial Order entered by the Court on September 21,
2011 [DE 244]. The Duke Defendants make these initial disclosures in light of the
allegations concerning Counts 21 and 24 of the Second Amended Complaint in this
matter based upon information now reasonably available to them and without waiving
any claim of privilege or confidentiality. The Duke Defendants reserve the right to
supplement these disclosures should such supplementation become appropriate.

I.

Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1)(A)(i)

Based on the reasonable investigation by the Duke Defendants, the following list
identifies those individuals, other than outside counsel for the Duke Defendants, who are
likely to have discoverable information that the Duke Defendants may use to support
their defenses:
COUNT TWENTY-ONE: BREACH OF CONTRACT
Individual

Subject(s)

Zoila Airall
Assistant Vice President of Student Affairs,
Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636

This person may have discoverable
information concerning Matthew Wilson's
appeal of the Undergraduate Judicial
Board's proceedings against him.

Stephen Bryan
This person may have discoverable
Associate Dean of Students and Director of information concerning the Undergraduate
Judicial Affairs, Duke University
Judicial Board's proceedings against Breck
do Ellis & Winters LLP
Archer, Ryan McFadyen, and Matthew
P.O. Box 33550
Wilson and Duke University's
Raleigh, North Carolina 27636
Undergraduate Disciplinary System
[phone]
policies.
Larry Moneta
Vice President for Student Affairs, Duke
University
do Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning the Undergraduate
Judicial Board's proceedings against Breck
Archer, Ryan McFadyen, and Matthew
Wilson and Duke University's
Undergraduate Disciplinary System
policies.

2

Individual

Subject(s)

Michelle Rasmussen
Former Associate Dean of Trinity College;
Former Director, Academic Advising
Center, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning the administrative
leave policy for students on interim
suspension.

Judith Ruderman
Former Vice Provost for Academic and
Administrative Services, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning Matthew Wilson's
appeal of the Undergraduate Judicial
Board's proceedings against him.

Suzanne Wasiolek
Dean of Students and Assistant Vice
President, Student Affairs, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning the Undergraduate
Judicial Board's proceedings against Breck
Archer, Ryan McFadyen, and Matthew
Wilson and Duke University's
Undergraduate Disciplinary System
policies.

Gerald Wilson
Senior Associate Dean of Trinity College
of Arts & Sciences and an adjunct
Professor of History, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning the Undergraduate
Judicial Board's proceedings for Breck
Archer and Matthew Wilson.

Glen Bachman
Bachman & Swanson, PLLC
1402 Broad Street
Durham, North Carolina 27705
[phone]

This person may have discoverable
information concerning the interim
suspension and reinstatement of Ryan
McFadyen.

3

Individual

Subj ect(s)

Breck Archer
Plaintiff

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson, the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson, and any
alleged damages resulting therefrom.

Edward Carrington
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Casey J. Carroll
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

4

Individual

Subject(s)

Michael P. Catalino
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Thomas V. Clute
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Kevin Coleman
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Brock Archer, Ryan
McFadyen, and Matthew Wilson.

Joshua R. Coveleski
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

5

Individual

Subject(s)

Edward J. Crotty
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Matthew Danowski
18 Balcom Road
Farmingdale, New York 11735

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Edward S. Douglas
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Kyle Dowd
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

6

Individual

Subject(s)

David Evans
600 Maid Marion Hill
Sherwood Forest, Maryland 21405

This person may have discoverable
information concerning the Undergraduate
Judicial Board's proceedings against Breck
Archer, Ryan McFadyen, and Matthew
Wilson and Duke University's
Undergraduate Disciplinary System
policies.

Collin Finnerty
Current Address Unknown

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Daniel Flannery
do Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Richard Gibbs Fogarty
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

7

Individual

Subj ect(s)

Zachary Greer
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Erik S. Henkelman
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

John E. Jennison
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Ben Koesterer
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

8

Individual

Subjects)

Fred Krom

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Peter J. Lamade

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

c/o Charles J. Cooper
Cooper Sr. Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Adam Langley

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Christopher Loftus

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

9

Individual

Subject(s)

Daniel Loftus
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Kevin Mayer
10112 Forest Brook Lane
Great Falls, Virginia 22066

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Anthony McDevitt
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

10

Individual

Subj ect(s)

Ryan McFadyen
Plaintiff

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson, the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson, and any
alleged damages resulting therefrom.

Glenn Nick
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Nicholas O'Hara
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

11

Individual

Subj MO)

Daniel Oppedisano
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Sam Payton
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

John Bradley Ross
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Kenneth Sauer, III
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

12

Individual

Subj ect(s)

Steve Schoeffel
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Robert Schroeder
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Reade Seligmann
Current Address Unknown

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Devon Sherwood
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

13

Individual

Subject(s)

Daniel Theodoridis
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Bret Thompson
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan .
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Christopher Tkac
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

John Walsh, Jr.
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

14

Individual

Subject(s)

Michael Ward
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Robert H. Wellington, IV
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Matthew Wilson
Plaintiff

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson, the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson, and any
alleged damages resulting therefrom.

15

Individual

Subject(s)

William Wolcott
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Michael Young
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

Matthew Zash
205 Grover Avenue West
Massapequa Park, New York 11762

This person may have discoverable
information concerning the underlying
behavior that was the cause for the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson and the
Undergraduate Judicial Board's
proceedings against Breck Archer, Ryan
McFadyen, and Matthew Wilson.

16

COUNT TWENTY—FOUR: FRAUD
Individual
Kernel Dawkins
Former Assistant Vice President, Campus
Services, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

Subject(s)
This person may have discoverable
information concerning the knowledge
(or lack of knowledge) of employees of
Duke University of the provision of
DukeCard data for players on the 200506 Duke men's lacrosse team on or
about March 31, 2006, to members of
the Durham Police Department.

Robert Dean
Former Director, Duke University Police
Department
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning his knowledge
(or lack of knowledge) of the provision
of DukeCard data for players on the
2005-06 Duke men's lacrosse team on
or about March 31, 2006, to members of
the Durham Police Department.

Matthew Drummond
Former Director, DukeCard Office, Duke
University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning his knowledge
(or lack of knowledge) of the provision
of DukeCard data for players on the
2005-06 Duke men's lacrosse team on
or about March 31, 2006, to members of
the Durham Police Department, his
interactions with employees of the
Durham Police Department and the
Durham County District Attorney's
office regarding DukeCard data, the
subpoena issued on May 31, 2006,
ordering production of DukeCard data,
and the actions taken by Duke
University in response to that subpoena.

17

Individual
Roland Gettliffe
Systems Administrator, DukeCard Office,
Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

Subject(s)
This person may have discoverable
information concerning DukeCard data
for players on the 2005-06 Duke men's
lacrosse team for March 13-14, 2006,
and his knowledge (or lack of
knowledge) regarding the provision of
that data to members of the Durham
Police Department.

Aaron Graves
Former Associate Vice President of Campus
Safety and Security,
Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning his knowledge
(or lack of knowledge) of the provision
of DukeCard data for players on the
2005-06 Duke men's lacrosse team on
or about March 31, 2006, to members of
the Durham Police Department.

Kate Hendricks
Deputy General Counsel, Office of General
Counsel, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning her knowledge
(or lack of knowledge) of the provision
of DukeCard data for players on the
2005-06 Duke men's lacrosse team on
or about March 31, 2006, to members of
the Durham Police Department, her
interactions with employees of the
Durham Police Department and the
Durham County District Attorney's
office regarding DukeCard data, the
subpoena issued on May 31, 2006,
ordering production of DukeCard data,
and the actions taken by Duke
University in response to that subpoena.

18

Individual
Sara Jane Raines
Operations Commander and Major, Duke
University Police Department
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

Subject(s)
This person may have discoverable
information concerning the Duke
University Police Department's policies
and procedures concerning the Police
Department's treatment of DukeCard
data.

Gary N. Smith
Sergeant, Duke University Police Department
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning the provision of
DukeCard data for players on the 200506 Duke men's lacrosse team on or
about March 31, 2006, to members of
the Durham Police Department.

Greg Stotsenberg
Investigations Supervisor, Duke University
Police Department
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning the provision of
DukeCard data for players on the 200506 Duke men's lacrosse team on or
about March 31, 2006, to members of
the Durham Police Department.

Robert Ekstrand
Ekstrand & Ekstrand LLP
811 Ninth Street, Suite 260
Durham, North Carolina 27705
[phone]

This person may have discoverable
information concerning the knowledge
(or lack of knowledge) of employees of
Duke University of the provision of
DukeCard data for players on the 200506 Duke men's lacrosse team on or
about March 31, 2006, to members of
the Durham Police Department.

19

Individual
Mark Gottlieb
Defendant
c/o David W. Long
Poyner Spruill LLP
301 Fayetteville Street, Suite 1900
Raleigh, North Carolina 27601
[phone]

Subject(s)
This person may have discoverable
infoi u iation concerning the receipt of
DukeCard data for players on the 200506 Duke men's lacrosse team on or
about March 31, 2006, by members of
the Durham Police Department,
attempts to obtain DukeCard data from
Duke University after March 31, 2006,
and the subpoena issued on May 31,
2006, ordering production of DukeCard
data.

Benjamin Himan
Defendant
c/o Joel M. Craig
Kennon, Craver, Belo, Craig & McKee, PLLC
4011 University Drive, Suite 300
P.O. Box 51579
Durham, North Carolina 27717
[phone]

This person may have discoverable
information concerning the receipt of
DukeCard data for players on the 200506 Duke men's lacrosse team on or
about March 31, 2006, by members of
the Durham Police Department,
attempts to obtain DukeCard data from
Duke University after March 31, 2006,
and the subpoena issued on May 31,
2006, ordering production of DukeCard
data.

Michael Nifong
Former Durham County District Attorney
c/o James B. Craven, III
349 West Main Street, P.O. Box 1366
Durham, North Carolina 27701
[phone]

This person may have discoverable
information concerning the receipt of
DukeCard data for players on the 200506 Duke men's lacrosse team on or
about March 31, 2006, by members of
the Durham Police Department,
attempts to obtain DukeCard data from
Duke University after March 31, 2006,
and the subpoena issued on May 31,
2006, ordering production of DukeCard
data.

20

Individual
Breck Archer

Subject(s)

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data, the
actions taken by Duke University in
response to that subpoena, and any
damages alleged to have resulted
therefrom.

Plaintiff

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Edward Carrington

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Casey J. Carroll

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Michael P. Catalino

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Thomas V. Clute

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

21

Individual
Kevin Coleman
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Subject(s)
This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Joshua R. Coveleski
do Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Edward J. Crotty
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Matthew Danowski
18 Balcom Road
Farmingdale, New York 11735

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Edward S. Douglas
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

22

Individual
Kyle Dowd
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Subject(s)
This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

David Evans
600 Maid Marion Hill
Sherwood Forest, Maryland 21405

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Collin Finnerty
Current Address Unknown

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Daniel Flannery
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Richard Gibbs Fogarty
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

23

Individual
Zachary Greer
c/o Charles J. Cooper

Subject(s)

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Erik S. Henkelman
c/o Charles J. Cooper

Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

John E. Jennison

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Ben Koesterer

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]
Fred Krom

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

24

Individual
Peter J. Lamade
do Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Subject(s)
This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Adam Langley
do Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Christopher Loftus
do Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Daniel Loftus
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Kevin Mayer
10112 Forest Brook Lane
Great Falls, Virginia 22066

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

25

Individual
Anthony McDevitt
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Subject(s)
This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Ryan McFadyen
Plaintiff

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data, the
actions taken by Duke University in
response to that subpoena, and any
damages alleged to have resulted
therefrom.

Glenn Nick
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Nicholas O'Hara
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Daniel Oppedisano
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

26

Individual
Sam Payton
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Subject(s)
This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

John Bradley Ross
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Kenneth Sauer, III
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Steve Schoeffel
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Robert Schroeder
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

27

Individual
Reade Seligmann
Current Address Unknown

Subject(s)
This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Devon Sherwood
do Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Daniel Theodoridis
do Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Bret Thompson
do Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Christopher Tkac
do Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

28

Individual
John Walsh, Jr.
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Subject(s)
This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Michael Ward
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Robert H. Wellington, IV
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Matthew Wilson
Plaintiff

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data, the
actions taken by Duke University in
response to that subpoena, and any
damages alleged to have resulted
therefrom.

William Wolcott
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

29

Individual
Michael Young
c/o Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Ave., NW
Washington, D.C. 20036
[phone]

Subject(s)
This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

Matthew Zash
205 Grover Avenue West
Massapequa Park, New York 11762

This person may have discoverable
information concerning the subpoena
issued on May 31, 2006, ordering
production of DukeCard data and the
actions taken by Duke University in
response to that subpoena.

II.

Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1)(A)(ii)

Based on the information presently reasonably available, the Duke Defendants
hereby disclose that they may use or rely on the following categories of documents
currently in the possession of outside counsel for the Duke Defendants in support of their
defenses in this action:
A. COUNT TWENTY-ONE: BREACH OF CONTRACT
• Documents related to the policies and practices of Duke University.
• Documents related to the Undergraduate Judicial Board's proceedings
and decisions regarding the claims at issue.
• Documents related to the Appellate Board's proceedings and decisions
regarding the claims at issue.

30

• Correspondence from Ryan McFadyen to members of the lacrosse team.
• Documents related to Ryan McFadyen's interim suspension.
• Documents related to Breck Archer's Undergraduate Disciplinary
System proceedings.
• Documents related to Breck Archer's appeal of his Undergraduate
Judicial Board proceedings.
• Documents related to Matthew Wilson's Undergraduate Disciplinary
System proceedings.
• Documents related to Matthew Wilson's appeal of his Undergraduate
Judicial Board proceedings.
• Documents generated by, or received by, the Plaintiffs and other
members of the 2005-06 Duke men's lacrosse team relating to whether
claims exist for breach of contract and what, if any, damages were
incurred if breach of contract can be established.
B. COUNT TWENTY-FOUR: FRAUD
• Documents related to Duke University's standard/procedure/policy
regarding requests for information that may be protected by FERPA.
• Documents related to requests for Duke lacrosse players' DukeCard
information.
• Subpoenas issued in connection with requests for production of Duke
lacrosse players' DukeCard information.
31

• Documents related to requests by Michael Nifong and members of the
Durham Police Department for Duke lacrosse players' DukeCard
information.
• Documents related to the subpoena issued in connection with requests
for production of DukeCard information and court filings related to
same.
• Documents generated by, or received by, the Plaintiffs and other
members of the 2005-06 Duke men's lacrosse team relating to whether
claims exist for fraud and what, if any, damages were incurred if fraud
can be established.

Nothing herein should be construed as an admission of the existence of any
document and/or the relevance of any document that might exist. Nor do the Duke
Defendants waive any claim of privilege or confidentiality by listing the above
categories.
The Duke Defendants make these disclosures based upon the information
presently reasonably available to them. In doing so, the Duke Defendants do not
represent that they are identifying each document, item of electronically stored
information ("ESI"), or tangible thing in their possession, custody or control that they
may use to support their defenses in this case. The Duke Defendants' initial disclosures
are intended to be a reasonable and good faith effort to identify information reasonably

32

available to the Duke Defendants that is discoverable and may support their defenses.
The Duke Defendants reserve the right to supplement this response to include any other
documents or categories of documents identified during the course of discovery that
contain information that they may use to support their defenses in this action and/or any
other documents, the defensive value of which becomes apparent during the course of
this litigation. The Duke Defendants further reserve the right to modify and/or delete
categories of documents.
III.

Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1)(A)(iii): Computation of
Damages

At this time, the Duke Defendants are not asserting any claim for damages in this
litigation, so the Duke Defendants make no damages computation or identification of
documents under Rule 26(a)(1)(A)(iii) of the Federal Rules of Civil Procedure.
IV.

Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1)(A)(iv): Insurance
Agreements

Duke University will make available for inspection and copying pursuant to Rule
26(a)(l)(A)(iv) insurance agreements for which insurance providers may be liable to
satisfy all or part of a possible judgment in this action.

33

This the 3rd day of October, 2011.

ig},k

J 7Au,v)

Richard W. Ellis
N.C. State Bar No. 1335
Email: [e-mail]
Jeremy M. Falcone
N.C. State Bar No. 36182
Email:jeremy.falconegelliswinters.com
Ellis & Winters LLP
1100 Crescent Green, Suite 200
Cary, North Carolina 27518
Telephone: [phone]
Facsimile: [phone]
Dixie T. Wells
N.C. State Bar No. 26816
Email: [e-mail]
Ellis & Winters LLP
333 N. Greene Street, Suite 200
Greensboro, North Carolina 27401
Telephone: [phone]
Facsimile: [phone]
Counsel for Duke University, Robert
Dean, Matthew Drummond, Aaron
Graves, and Gary N. Smith

34

CERTIFICATE OF SERVICE
I hereby certify that on October 3, 2011, I served the foregoing Duke Defendants'
Initial Disclosures by depositing copies thereof in a depository under the exclusive care

and custody of the United States Postal Service in a postage prepaid envelope and
properly addressed as follows:
Robert C. Ekstrand
Stefanie A. Sparks
EKSTRAND & EKSTRAND LLP
811 Ninth Street, Suite 260
Durham, NC 27705
Counsel for Plaintiffs

Dan J. McLamb
Shirley M. Pruitt
YATES, McLAMB & WEYHER, LLP
421 Fayetteville Street, Suite 1200
Raleigh, NC 27601
Counsel for Duke SANE Defendants

Reginald B. Gillespie, Jr.
FAISON & GILLESPIE
P.O. Box 5517
Durham, NC 27717
Counsel for Defendants City of Durham
and Edward Sarvis

Joel Miller Craig
Henry W. Sappenfield
KENNON CRAVER BELO CRAIG &
MCKEE, PLLC
P.O. Box 51579
Durham, NC 27717-1579
Counsel for Defendant Benjamin Himan

James B. Maxwell
MAXWELL FREEMAN &
BOWMAN,P.A.
P.O. Box 52396
Durham, NC 27717-2396
Counsel for Defendants James T
Soukup, Kammie Michael, David
Addison, and Richard D. Clayton

William P.H. Cary
Kearns Davis
Robert King, III
Clinton R. Pinyan
Chamanda T. Reid
BROOKS PIERCE MCLENDON
HUMPHREY & LEONARD
P.O. Box 26000
Greensboro, NC 27420-6000
Counsel for Defendants DNA Security, Inc.
and Richard Clark

Patricia P. Kerner
D. Martin Warf
TROUTMAN SANDERS, LLP
PO Drawer 1389
Raleigh, NC 27602-1389
Counsel for Defendants Patrick Baker,
Steven Chalmers, Ronald Hodge, Lee
Russ, Stephen Mihaich, Beverly
Council, Jeff Lamb, Michael Ripberger,
and Laird Evans

Paul R. Dickinson, Jr.
LEWIS & ROBERTS, III
One Southpark Center
6060 Piedmont Row Drive South, Suite 140
Charlotte, NC 28287

David William Long
Edwin M. Speas, Jr.
Eric P. Stevens
POYNER SPRUILL, LLP
P.O. Box 1801
Raleigh, NC 27602-1801
Counsel for Defendant Mark Gottlieb

Linwood Wilson
6910 Innesbrook Way
Bahama, NC 27503-9700
Pro Se

James A. Roberts, III
LEWIS & ROBERTS, PLLC
5960 Fairview Rd., Ste. 102
Charlotte, NC 28210-3102
Counsel for Defendant Brian Meehan

This 3rd day of October, 2011.

1043-- 7WA9
Dixie T. Wells
N.C. State Bar No. 26816
Email: [e-mail]
Ellis & Winters LLP
333 N. Greene Street, Suite 200
Greensboro, North Carolina 27401
Telephone: [phone]
Facsimile: [phone]
Counsel for Duke University, Robert
Dean, Matthew Drummond, Aaron
Graves, and Gary N. Smith

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