MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 300

RESPONSE in Opposition re #294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: #1 Exhibit 1 - Flannery Deposition Excerpt, #2 Exhibit 2 - 2007-01-31 Emails between Hendricks & Ekstrand, #3 Exhibit 3 - Tkac Deposition Excerpt, #4 Exhibit 4 - McDevitt Deposition Excerpt, #5 Exhibit 5 - 2012-02-14 Document Subpoena to Bob Ekstrand, #6 Exhibit 6 - 2012-02-14 Document Subpoena to Ekstrand & Ekstrand, #7 Exhibit 7 - 2012-02-14 Testimony Subpoena to Robert Ekstrand, #8 Exhibit 8 - 2012-03-14 Objections to Subpoenas, #9 Exhibit 9 - 2012-03-31 Email from Stefanie Sparks, #10 Exhibit 10 - 2012-08-14 Carrington Plaintiffs' Supplemental Initial Disclosures, #11 Exhibit 11 - 2012-08-17 Testimony Subpoena to Stefanie Sparks Smith, #12 Exhibit 12 - 2012-08-31 Objection to Subpoena, #13 Exhibit 13 - 2011-10-03 Duke's Defendants' Initial Disclosures in Carrington, #14 Exhibit 14 - Dowd Deposition Excerpt, #15 Exhibit 15 - Schoeffel Deposition Excerpt, #16 Exhibit 16 - Koesterer Deposition Excerpt, #17 Exhibit 17 - 2007-02-15 Letter from Cheshire to Coman, #18 Exhibit 18 - Catalino Deposition Excerpt, #19 Exhibit 19 - Clute Deposition Excerpt, #20 Exhibit 20 - Jennison Deposition Excerpt, #21 Exhibit 21 - Archer Deposition Excerpt, #22 Exhibit 22 - Oppedisano Deposition Excerpt, #23 Exhibit 23 - Sherwood Deposition Excerpt, #24 Exhibit 24 - Common Representation Agreement, #25 Exhibit 25 - McFadyen Deposition Excerpt)(FALCONE, JEREMY)

EXHIBIT 13

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
No. 1:08-CV-00119
EDWARD CARRINGTON, et al.,
Plaintiffs,
DUKE DEFENDANTS'
INITIAL DISCLOSURES
Fed. R. Civ. P. 26(a)(1)

v.
DUKE UNIVERSITY, et al.,
Defendants.

Duke University, Richard Brodhead, Robert Dean, Matthew Drummond, Aaron
Graves, Kate Hendricks, Tallman Trask, and Suzanne Wasiolek (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 223]. The
Duke Defendants make these initial disclosures in light of the allegations in Counts 8, 11,
and 19 of the First 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 EIGHT: FRAUD AND CONSPIRACY TO DEFRAUD
Individual

Subject(s)

Kernel Dawkins
Former Assistant Vice President,
Campus Services, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
{919) 865-7000

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 2005-06 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.

2

Individual

Subject(s)

Roland Gettliffe
Systems Administrator, 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 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.

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]

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.

3

Individual

Subject(s)

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 2005-06
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 2005-06
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 2005-06 Duke men's
lacrosse team on or about March 31, 2006, to
members of the Durham Police Department.

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

This person may have discoverable
information concerning the receipt of
DukeCard data for players on the 2005-06
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.

4

Individual

Subject(s)

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 2005-06
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/a 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 2005-06
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.

Breck Archer
c/o Robert Ekstrand
Ekstrand & Ekstrand LLP
811 Ninth Street, Suite 260
Durham, North Carolina 27705
[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 Carrington
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.

5

Individual

Subject(s)

Casey J. Carroll
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.

Michael P. Catalino
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

Thomas V. Clute
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.

Kevin Coleman
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.

6

Individual

Subject(s)

Joshua R. Coveleski
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.

Edward J. Crotty
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.

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
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.

Kyle Dowd
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.

7

Individual

Subj ect(s)

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
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.

Richard Gibbs Fogarty
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.

Zachary Greer
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.

8

Individual

Subject(s)

Erik S. Henkelman
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.

John E. Jennison
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.

Ben Koesterer
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.

Fred Krom
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.

9

Individual

Subject(s)

Peter J. Lamade

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

Adam Langley
Plaintiff

Christopher Loftus
Plaintiff

Daniel Loftus
Plaintiff

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, the actions taken by Duke
University in response to that subpoena, and
any damages alleged to have resulted
therefrom.
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.
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.
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.

10

Individual

Subject(s)

Anthony McDevitt
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.

Ryan McFadyen
c/o Robert Ekstrand
Ekstrand & Ekstrand LLP
811 Ninth Street, Suite 260
Durham, North Carolina 27705
[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.

Glenn Nick
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.

Nicholas O'Hara
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.

Daniel Oppedisano
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.

11

Individual

Subject(s)

Sam Payton
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.

John Bradley Ross
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.

Kenneth Sauer, III
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.

Steve Schoeffel
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.

12

Individual

Subject(s)

Robert Schroeder
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.

Reade Seligmann
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.

Devon Sherwood
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.

Daniel Theodoridis
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.

Bret Thompson
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.

13

Individual

Subject(s)

Christopher Tkac
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.

John Walsh, Jr.
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.

Michael Ward
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.

Robert H. Wellington, IV
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.

Matthew Wilson
c/o Robert Ekstrand
Ekstrand & Ekstrand LLP
811 Ninth Street, Suite 260
Durham, North Carolina 27705
[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.

14

Individual

Subject(s)

William Wolcott
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.

Michael Young
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.

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.

COUNT ELEVEN: CONSTRUCTIVE FRAUD THROUGH
ABUSE OF CONFIDENTIAL RELATIONSHIP
Individual

Subject(s)

Joseph Alleva
Former Athletic Director, Duke
University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with the cocaptains of the 2005-06 Duke men's lacrosse
team.

15

Individual

Subject(s)

Richard Brodhead
President, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning a March 28, 2006
meeting with the co-captains of the 2005-06
Duke men's lacrosse team.

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 a March 28, 2006
meeting with the co-captains of the 2005-06
Duke men's lacrosse team.

Christopher Kennedy
Senior Associate Athletic Director,
Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning a March 24, 2006
meeting with the co-captains of the 2005-06
Duke men's lacrosse team and concerning the
advice allegedly given by Dean Wasiolek.

Michael Pressler
Former Head Coach of the Duke men's
lacrosse team

This person may have discoverable
information concerning a March 24, 2006
meeting with the co-captains of the 2005-06
Duke men's lacrosse team, concerning the
advice allegedly given by Dean Wasiolek,
and concerning any damages allegedly arising
therefrom.
This person may have discoverable
information concerning a March 28, 2006
meeting with the co-captains of the 2005-06
Duke men's lacrosse team.

Kathleen Smith
Professor, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

16

Individual

Subject(s)

Tallman Trask III
Executive Vice President,
Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning a March 24, 2006
meeting with the co-captains of the 2005-06
Duke men's lacrosse team.

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

This person may have discoverable
information concerning advice she allegedly
gave to certain members of the 2005-06 Duke
men's lacrosse team.

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

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with the cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators.

Breck Archer
c/o Robert Ekstrand
Ekstrand & Ekstrand LLP
811 Ninth Street, Suite 260
Durham, North Carolina 27705
[phone]

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators and
concerning the advice allegedly given by
Dean Wasiolek.

Edward Carrington
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

17

Individual

Subject(s)

Casey J. Carroll
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Michael P. Catalino
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Thomas V. Clute
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Kevin Coleman
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

18

Individual

Subject(s)

Joshua R. Coveleski
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Edward J. Crotty
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Matthew Danowski
18 Balcom Road
Farmingdale, New York 11735

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators and
concerning the advice allegedly given by
Dean Wasiolek.

Edward S. Douglas
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

19

Individual

Subject(s)

Kyle Dowd
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

David Evans
This person may have discoverable
Co-captain of the 2005-06 Duke men's information concerning the March 24, 2006,
lacrosse team
and March 28, 2006, meetings with co600 Maid Marion Hill
captains of the 2005-06 Duke men's lacrosse
Sherwood Forest, Maryland 21405
team and Duke University administrators and
concerning the advice allegedly given by
Dean Wasiolek.
Collin Finnerty
Current Address Unknown

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators and
concerning the advice allegedly given by
Dean Wasiolek.

Dan Flannery
This person may have discoverable
Plaintiff and co-captain of the 2005-06 information concerning the March 24, 2006,
Duke men's lacrosse team
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

20

Individual

Subject(s)

Richard Gibbs Fogarty
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Zachary Greer
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Erik S. Henkelman
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

John E. Jennison
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

21

Individual

Subject(s)

Ben Koesterer

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Plaintiff

Fred Krom

Plaintiff

Peter J. Lamade

Plaintiff

Adam Langley

Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.
This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.
This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

22

Individual

Subject(s)

Christopher Loftus
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Daniel Loftus
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Kevin Mayer
10112 Forest Brook Lane
Great Falls, Virginia 22066

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators and
concerning the advice allegedly given by
Dean Wasiolek.

Anthony McDevitt
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

23

Individual

Subject(s)

Ryan McFadyen
c/o Robert Ekstrand
Ekstrand & Ekstrand LLP
811 Ninth Street, Suite 260
Durham, North Carolina 27705
[phone]

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators and
concerning the advice allegedly given by
Dean Wasiolek.

Glenn Nick
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Nicholas O'Hara
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Daniel Oppedisano
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

24

Individual

Subject(s)

Sam Payton
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

John Bradley Ross
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Kenneth Sauer, III
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Steve Schoeffel
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

25

Individual

Subject(s)

Robert Schroeder
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Reade Seligmann
Current Address Unknown

This person may have discoverable
infotination concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators and
concerning the advice allegedly given by
Dean Wasiolek.

Devon Sherwood
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Daniel Theodoridis
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

26

Individual

Subject(s)

Brett Thompson

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Plaintiff and co-captain of the 2005-06
Duke men's lacrosse team

Christopher Tkac

Plaintiff

John Walsh, Jr.

Plaintiff

Michael Ward

Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.
This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.
This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

27

Individual

Subject(s)

Robert H. Wellington, IV
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Matthew Wilson
c/o Robert Ekstrand
Ekstrand & Ekstrand LLP
811 Ninth Street, Suite 260
Durham, North Carolina 27705
[phone]

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators and
concerning the advice allegedly given by
Dean Wasiolek.

William Wolcott
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

Michael Young
Plaintiff

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators,
concerning the advice allegedly given by
Dean Wasiolek, and concerning any damages
allegedly arising therefrom.

28

Individual

Subject(s)

Matthew Zash
Co-captain of the 2005-06 Duke men's
lacrosse team.
205 Grover Avenue West
Massapequa Park, New York 11762

This person may have discoverable
information concerning the March 24, 2006,
and March 28, 2006, meetings with cocaptains of the 2005-06 Duke men's lacrosse
team and Duke University administrators and
concerning the advice allegedly given by
Dean Wasiolek.

COUNT NINETEEN: NEGLIGENT SUPERVISION OF
DUKE PROFESSORS AND EMPLOYEES
Individual

Subject(s)

David Adcock
Former 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 the supervision of and
perfotmance by Kate Hendricks.

Richard Brodhead
President, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]

This person may have discoverable
information concerning the supervision of and
performance by Tallman Trask III.

29

Individual

Subject(s)

Kernel Dawkins

This person may have discoverable
information concerning the supervision of and
performance by employees of the Duke
University Police Department and the
DukeCard Office, including Aaron Graves,
Robert Dean, and Matthew Drummond.

Former Assistant Vice President,
Campus Services, Duke University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]
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]
Larry Moneta

Vice President, Student Affairs, Duke
University
c/o Ellis & Winters LLP
P.O. Box 33550
Raleigh, North Carolina 27636
[phone]
Robert K. Steel

Chairman, Board of Trustees (Former),
Duke University
c/o Ellis & Winters LLP
P.O. Box 33559
Raleigh, North Carolina 27636
[phone]
Edward Carrington

Plaintiff

This person may have discoverable
information concerning the supervision of and
performance by Robert Dean.

This person may have discoverable
information concerning the supervision of and
performance by Dean Wasiolek.

This person may have discoverable
information concerning the supervision of and
performance by Richard Brodhead.

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

30

Individual

Subject(s)

Casey J. Carroll
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Michael P. Catalino
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Thomas V. Clute
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Kevin Coleman
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Joshua R. Coveleski
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Edward J. Crotty
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Edward S. Douglas
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

31

Individual

Subject(s)

Kyle Dowd
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Daniel Flannery
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Richard Gibbs Fogarty
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Zachary Greer
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Erik S. Henkelman
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

John E. Jennison
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Ben Koesterer
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

32

Individual

Subject(s)

Fred Krom
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Peter J. Lamade
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Adam Langley
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Christopher Loftus
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Daniel Loftus
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Anthony McDevitt
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Glenn Nick
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

33

Individual

Subject(s)

Nicholas O'Hara
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Daniel Oppedisano
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Sam Payton
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

John Bradley Ross
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Kenneth Sauer, III
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Steve Schoeffel
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Robert Schroeder
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

34

Individual

Subject(s)

Devon Sherwood
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Daniel Theodoridis
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Bret Thompson
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Christopher Tkac
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

John Walsh, Jr.
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Michael Ward
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Robert H. Wellington, IV
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

35

Individual

Subject(s)

William Wolcott
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

Michael Young
Plaintiff

This person may have discoverable
information concerning any damages alleged
to have been incurred if negligent supervision
can be established.

II.

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

Based on the reasonable investigation by the Duke Defendants, 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 EIGHT: FRAUD AND CONSPIRACY TO DEFRAUD
• 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.

36

• 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 infon-nation 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.
B. COUNT ELEVEN: CONSTRUCTIVE FRAUD THROUGH ABUSE OF
CONFIDENTIAL RELATIONSHIP

• President Brodhead's March 28, 2006, news conference statement.
• Documents related to policies regarding the roles and responsibilities of
the Dean of Students and the Division of Student Affairs.
• Documents related to Dean Wasiolek's communications with the cocaptains of the 2005-06 Duke men's lacrosse team.
• Documents related to support of the members of the 2005-06 Duke
men's lacrosse team during the investigation.
• Documents related to provision of information to investigators.

37

• 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 constructive fraud and what, if any, damages were
incurred if constructive fraud can be established.
C. COUNT NINETEEN: NEGLIGENT SUPERVISION OF DUKE
PROFESSORS AND EMPLOYEES
• Documents related to the official policies and practices of Duke
University.
• Documents related to 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.
• Documents related to the performance evaluations of Richard Brodhead,
Robert Dean, Matthew Drummond, Aaron Graves, Kate Hendricks,
Tallman Trask and Suzanne Wasiolek.
• 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 negligent supervision and what, if any, damages were
incurred if negligent supervision 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

38

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 ("ESP), 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
available to the Duke Defendants that is discoverable and may support Defendants'
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.
Ill. 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.

39

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)(1)(A)(iv) insurance agreements for which insurance providers may be liable to
satisfy all or part of a possible judgment in this action.
This the 3rd day of October, 2011.

1 W. Ellis
1
ich ard
N.C. State Bar No. 1335
Email: dick.ellisgelliswinters.com
Jeremy M. Falcone
N.C. State Bar No. 36182
Email:[e-mail]
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: dixie.wellsgelliswinters.com
Ellis & Winters LLP
333 N. Greene Street, Suite 200
Greensboro, North Carolina 27401
Telephone: [phone]
Facsimile: [phone]
Counsel for Duke University, Richard
Brodhead, Robert Dean, Matthew
Drummond, Aaron Graves, Kate
Hendricks, Tallman Trask, and Suzanne
Wasiolek

40

CERTIFICATE OF SERVICE
It is hereby certified that the foregoing Duke Defendants' Initial Disclosures has
been served this day by electronic transmission as provided in Rule 5(b)(2)(E) to those
parties listed whose counsel have agreed in writing to such electronic service at the email
address listed in lieu of service by mail:
Charles J. Cooper
[e-mail]
Peter A. Patterson
ppatterson@cooperkirk. com
David H. Thompson
[e-mail]
Nicole Jo Moss [e-mail]
Counsel for Plaintiffs

William J. Thomas, II
thomas@tfinattorneys. COM
Counsel for Plaintiffs

James B. Maxwell
[e-mail]
Counsel for Defendant David Addison

Reginald B. Gillespie, Jr.
[e-mail]
Counsel of City of Durham

Patricia P. Kerner
[e-mail]
Counsel for Defendants Patrick Baker,
Steven Chalmers, Ronald Hodge, Lee
Russ, Stephen Mihaich, Beverly Council,
Jeff Lamb, Michael Ripberger

Dan J. McLamb
[e-mail]
Shirley M. Pruitt
[e-mail]
Counsel for Duke SANE Defendants

Linwood Wilson
[e-mail]
Pro Se
and by depositing copies thereof in a depository under the exclusive care and custody of
the United States Postal Service in a postage prepaid envelope properly addressed as
below:

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

Roger E. Warin
Michael A. Vatis
Matthew J. Herrington
Leah M. Quadrino
John P. Nolan
STEPTOE & JOHNSON, LLP
1330 Connecticut Avenue, NW
Washington, DC 20036
Counsel for City of Durham

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
This the 3rd day of October, 2011.

64 I /71,,stil
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, Richard
Brodhead, Robert Dean, Matthew Drummond,
Aaron Graves, Kate Hendricks, Tallman Trask
and Suzanne Wasiolek

2