Gilmore v. Fulbright & Jaworski, LLP

Filing 14

First INITIAL DISCLOSURES by Elizabeth Gilmore, filed.(Sneed, Joe)

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Gilmore v. Fulbright & Jaworski, LLP Doc. 14 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ELIZABETH A. GILMORE, Plaintiff V. FULBRIGHT & JAWORSKI L.L.P., Defendant C. A. NO. 4:06-CV-03849 JURY PLAINTIFF ELIZABETH A. GILMORE'S RULE 26(a)(1) INITIAL DISCLOSURES In accordance with Rule 26(a)(1) of the Federal Rules of Civil Procedure, Plaintiff, Elizabeth A. Gilmore, respectfully makes her mandatory disclosures as follows: A. Witnesses The name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information. RESPONSE: Persons likely to have discoverable information may include, but may not be limited to, the following: (a) Elizabeth A. Gilmore 7527 Alderly Drive Spring, Texas 77389 (281) 290-0027 Plaintiff Dockets.Justia.com Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 2 of 21 (b) Russell W. Whitley 7527 Alderly Drive Spring, Texas 77389 (281) 290-0027 Plaintiff's common law husband (c) Cheryl A. Wilson 2601 Austin Avenue Greenville, Texas 75402 (903) 450-1629 Plaintiff's friend (d) Joe Sneed 699 F.M. 2027 Cameron, Texas 76520-5040 (979) 364-2767 Plaintiff's attorney/attorney's fees (e) Randal A. Kauffman P.O. Box 1211 Tomball, Texas 77377-1211 (281) 290-9759 Plaintiff's attorney/attorney's fees (f) Jim Colby Jennifer Colby Attorney Resource 5177 Richmond, Suite 580 Houston, Texas 77056 (713) 622-3112 Knowledge of Plaintiff's work ability/history (g) Sherri Conrad Greenberg Traurig 1000 Louisiana Street, Suite 1800 Houston, Texas 77002 (713) 374-3522 Knowledge of Plaintiff's work ability/history 2 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 3 of 21 (h) Joyce Klejbuk Pillsbury Winthrop Shaw Pittman LLP 909 Fannin, Suite 2000 Houston, Texas 77010 (713) 276-7600 Knowledge of Plaintiff's work ability/history (i) Jane Williams Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (j) Brenda Pittman* Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 employment/Plaintiff's May have knowledge of Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (k) Dorothy Jenkins* Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (l) Janet Carter* Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 Designated by Defendant but may be called as an adverse witness by Plaintiff. 3 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 4 of 21 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (m) Rhea Orr* Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 employment/Plaintiff's May have knowledge of Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (n) Daniel McClure Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (o) Loretta Rains* Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (p) Patricia Ruffino Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations Designated by Defendant but may be called as an adverse witness by Plaintiff. 4 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 5 of 21 (q) Diane Sanders Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 employment/Plaintiff's May have knowledge of Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (r) Michelle Miley Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (s) Regenia Harris Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (t) Carolyn Rogers Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (u) Meribeth Spilger Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 5 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 6 of 21 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (v) Laura Weaver Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 employment/Plaintiff's May have knowledge of Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (w) Judy Lockstedt Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (x) Kevin Miller Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's 401(k), Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (y) Jack Vaughan Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations 6 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 7 of 21 (z) Jennifer Johnson Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 employment/Plaintiff's May have knowledge of Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (aa) Gayle Benningfield Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (bb) Monica Cooksey Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (cc) Jeanne Blakely Fulbright & Jaworski L.L.P. 2100 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2112 (612) 321-2800 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (dd) Lois Gurnick Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 7 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 8 of 21 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (ee) Brenda Boyd Former employee of Defendant; present address and telephone number unknown who may have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (ff) Colby Delgado Former employee of Defendant; present address and telephone number unknown employment/Plaintiff's who may have knowledge of Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (gg) Patrick Bishop Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 employment/Plaintiff's May have knowledge of Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (hh) Nancy Nichols Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (ii) Nancy Craig Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 8 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 9 of 21 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (jj) Marjorie Hines Former employee of Defendant; present address and telephone number unknown who may have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (kk) Susan Logsdon Former employee of Defendant; present address and telephone number unknown employment/Plaintiff's who may have knowledge of Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (ll) Barclay Manley Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (mm) Darryl Anderson Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010 (713) 651-5151 May have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations (nn) Ali Webster Former employee of Defendant; present address and telephone number unknown who may have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations 9 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 10 of 21 (oo) All employees of Defendant who provided floater evaluations for Plaintiff and who may have knowledge of Plaintiff's employment/Plaintiff's allegations/Defendant's employment policies and practices related to Plaintiff's allegations John L. Wortham & Son, L.P. 2727 Allen Parkway Houston, Texas 77019 (713) 526-3366 May have knowledge of Defendant's insurance policies, rates, and procedures (pp) (qq) Any and all of Plaintiff's health care providers, including but may not be limited to: (1) Howard. K. Wilson, M.D. 1200 Binz Street, Suite 1410 Houston, Texas 77004 (713) 523-9508 Howard K. Wilson, M.D., and any and all other health care providers associated with Howard K. Wilson, M.D., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Howard. K. Wilson, M.D. (2) Richard Johnson, M.D. Diagnostic Clinic of Houston 1200 Binz Street Houston, Texas 77004 (713) 797-9191 Richard Johnson, M.D., and any and all other health care providers associated with Richard Johnson, M.D., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Richard Johnson, M.D. (3) E. Russell Weidman, M.D. Texas Institute of Reproductive Medicine &Endocrinology 7400 Fannin, Suite 850 Houston, Texas 77054 (713) 791-1874 10 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 11 of 21 E. Russell Weidman, M.D., and any and all other health care providers associated with E. Russell Weidman, M.D., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for E. Russell Weidman, M.D. (4) St. Luke's Community Medical Center 17200 St. Luke's Way The Woodlands, Texas 77384 (936) 266-2000 St. Luke's Community Medical Center and any and all other health care providers associated with St. Luke's Community Medical Center involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for St. Luke's Community Medical Center (5) Memorial Hermann - The Woodlands 9250 Pinecroft The Woodlands, Texas 77380 (281) 364-2300 Memorial Hermann The Woodlands and any and all other health care providers associated with Memorial Hermann The Woodlands involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Memorial Hermann The Woodlands (6) Jeffrey Kelley, D.O. 12522 Greenspoint Drive Houston, Texas (281) 876-2300 Jeffrey Kelley, D.O., and any and all other health care providers associated with Jeffrey Kelley, D.O., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Jeffrey Kelley, D.O. (7) George P. Noon, M.D. 6560 Fannin St., Suite 1860 Houston, Texas 77030 (713) 790-3155 11 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 12 of 21 George P. Noon, M.D., and any and all other health care providers associated with George P. Noon, M.D., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for George P. Noon, M.D. (8) The Methodist Hospital 6565 Fannin Street Houston, Texas 77030 (713) 790-3311 The Methodist Hospital and any and all other health care providers associated with The Methodist Hospital involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for The Methodist Hospital (9) Robert K. Zurawin, M.D. Baylor College of Medicine Dept. of Obstetrics & Gynecology 6560 Fannin, Suite 901 Houston, Texas 77040 (713) 798-7500 Robert K. Zurawin, M.D., and any and all other health care providers associated with Robert K. Zurawin, M.D., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Robert K. Zurawin, M.D. (10) George G. Hughes, M.D. 1001 Medical Plaza Dr., Ste. 220 Spring, Texas 77380 (281) 296-0400 George G. Hughes, M.D., and any and all other health care providers associated with George G. Hughes, M.D., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for George G. Hughes, M.D. (11) Digestive and Liver Disease Consultants, P.A. Northwest Medical Plaza 275 Lantern Bend, Suite 200 Houston, Texas 77090 (281) 440-0101 12 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 13 of 21 Digestive and Liver Disease Consultants, P.A., and any and all other health care providers associated with Digestive and Liver Disease Consultants, P.A., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Digestive and Liver Disease Consultants, P.A. (12) Quest Diagnostics The Woodlands Professional Building 920 Medical Plaza Dr., Suite 480 The Woodlands, Texas 77380 (281) 296-8200 Quest Diagnostics and any and all other health care providers associated with Quest Diagnostics involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Quest Diagnostics (13) Denise J. Guiffrida, M.D. 910 Travis Street South Houston, Texas 77002 (713) 652-5111 Denise J. Guiffrida, M.D., and any and all other health care providers associated with Denise J. Guiffrida M.D., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Denise J. Guiffrida, M.D. (14) Alan G. Selbst, DDS Houston Endodontic Specialists 902 Frostwood Drive, Suite 112 Houston, Texas 77024-2401 (713) 461-1166 Alan G. Selbst, DDS, and any and all other health care providers associated with Alan G. Selbst, DDS, involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Alan G. Selbst, DDS (15) Robert C. Fulweber, M.D. 6560 Fannin, Suite 1562 Houston, Texas 77030 (713) 797-9483 13 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 14 of 21 Robert C. Fulweber, M.D., and any and all other health care providers associated with Robert C. Fulweber, M.D., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Robert C. Fulweber, M.D. (16) Bernard M. Barrett 6624 Fannin, Suite 2200 Houston, Texas 77030 (713) 790-9000 Bernard M. Barrett and any and all other health care providers associated with Bernard M. Barrett involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Bernard M. Barrett (17) Drs. Rainey and Beaver 2727 Holcombe, 4th Floor Houston, Texas 77025 (713) 442-0000 Drs. Rainey and Beaver and any and all other health care providers associated with Drs. Rainey and Beaver involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Drs. Rainey and Beaver (18) Luisa Lohner 4801 Woodway Dr. Houston, Texas 77056 (713) 627-8780 Luisa Lohner and any and all other health care providers associated with Luisa Lohner involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Luisa Lohner (19) Gary Smith Houston Urologic Assoc. 6560 Fannin Houston, Texas 77030 (713) 790-9779 14 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 15 of 21 Gary Smith and any and all other health care providers associated with Gary Smith involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Gary Smith (20) Michael Marlow, D.O. Alden Health Center 8000 Research Forest Drive, Suite 380 The Woodlands, Texas 77382 (281) 296-5000 Michael Marlow, D.O., and any and all other health care providers associated with Michael Marlow, D.O., involved in the examination, diagnosis, care, or treatment of Plaintiff. Custodian of records for Michael Marlow, D.O. (rr) B. Any and all persons initially designated by Defendant, or subsequently designated by Plaintiff or Defendant, to which reference is here made Documents A copy of, or a description by category and location of, all documents, electronically stored information, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment. RESPONSE: Plaintiff references any and all documents produced or to be produced by Defendant. Other than documents already produced, Plaintiff is providing certain additional documents to Defendant with this disclosure. Plaintiff has produced any and all documents within Plaintiff's immediate possession, except any and all medical records Plaintiff has obtained which are voluminous and are available for inspection and copying by Defendant at a mutually agreeable date and time. Discovery continues .and subsequent relevant documents may be produced by Plaintiff, Defendant, or both. Plaintiff requests copies of any and all relevant documents or medical records Defendant has in its possession or has obtained by subpoena/authorization/voluntary production. 15 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 16 of 21 C. Computation of Damages A computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered. RESPONSE: Damages applicable under the ADA are: Back Pay Plaintiff worked 7.5 hours for Defendant March 25, 2004, prior to her same-day admission into the hospital for autoimmune hepatitis and discovered after receiving her timesheets produced by Defendant pursuant to Plaintiff's production request that she had not been paid for that day. Plaintiff's salary for that workday ($26.56 x 7.5) is $199.20. Unused and unpaid vacation/sick/personal time; unspecified amount at this time. Discovery continues--will supplement. Plaintiff used one-half day accrued vacation time on September 20, 2006, to prepare for her September 21, 2006 deposition and one-half day accrued vacation time to give her September 21, 2006 deposition. Plaintiff's salary for that workday ($30.26 x 7.5) is $226.95. Plaintiff was earning $47,800/year in her employment with Defendant. Plaintiff worked two or three days from March 15, 2005 to October 16, 2005. Thus, Plaintiff would have earned $27,883.31 from Fulbright & Jaworski L.L.P. during this period ($47,800/year divided by 12 months/year [$3,983.33/month] x 7 months = $27,883.31). Plaintiff received unemployment benefits during the period she did not work totaling $8,736. Plaintiff worked temporary/contract for seven hours one day in July 2005 earning $70 from Gelfman & Associates, P.L.L.C., a small law firm in The Woodlands. This amount was deducted from Plaintiff's unemployment benefits. Plaintiff worked temporary/contract for several days in October 2005 earning $252 from Colby/Attorney Resources, a temporary/employment agency. This amount was deducted from Plaintiff's unemployment benefits. 16 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 17 of 21 Thus, Plaintiff lost earnings of $18,825.31 ($27,883.31 - $8,736.00 in unemployment benefits - $252 earned from Colby/Attorney Resources - $70 from Gelfman & Associates). Plaintiff worked for Ogden, Gibson, White, Brooks & Longoria from October 17, 2005, to November 23, 2005, earning $48,000/year. Plaintiff worked for Sheehy, Serpe & Ware, P.C. from November 28, 2005, to May 26, 2006, earning $49,500/year. Plaintiff worked for Pillsbury Winthrop Shaw Pittman LLP beginning May 29, 2006, to the December 15, 2006, earning $59,000/year. Plaintiff works for Tucker, Vaughan, Gardner & Barnes; P.C., beginning February 5, 2007, to February 28, 2007, earning $53,000/year. Interest on Back Pay Interest at the highest lawful legal rate allowed by law. Cost of Health Insurance Plaintiff was charged $541.00/month for COBRA health insurance benefits and paid $80 for one-half of one month's health insurance prior to and following her termination totaling $4,949. Plaintiff was charged $446.61/month for COBRA health insurance benefits for two months' health insurance following her layoff from Pillsbury Winthrop Shaw Pitttman, LLP totaling $893.22. Plaintiff was undercharged $5.28 ($456.14 $454.38 = $1.76 x 3 months = $5.28) for the months of March, April, and May 2005 and overcharged $509.16 for the months of June, July, August, September, October, and November 2005 ($541.00 - $456.14 = $84.86 x 6 months = $509.16) plus the 2% administration fee on $509.16 of $10.18 for a total overcharge of $519.34. Plaintiff paid full cost for pharmaceutical medications from March 15, 2005, until her COBRA election on May 10, 2005, less one month's reimbursement, totaling $269.12. Compensatory Damages (Emotional Pain, Suffering, Inconvenience, Mental Anguish, Loss of Enjoyment of Life and Other Non-Pecuniary Losses Unliquidated--amount up to trier of fact after all evidence presented. 17 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 18 of 21 Pre-Judgment Interest Interest at the highest lawful legal rate allowed by law. Punitive Damages Unliquidated--amount up to trier of fact after all evidence presented.. Court Costs These costs will be the actual court costs incurred--amounts continue to accrue. Reasonable Attorney's Fees Amount decided by trier of facts after all evidence presented--amounts continue to accrue. Reasonable Expert Fees Amount decided by trier of facts after all evidence presented. Damages Under the 1993 Family Medical Leave Act Wages, Salary, Employment Benefits, and Other Compensation Wages, salary, employment benefits, and other compensation denied and lost to Plaintiff. Cost of Health Insurance Plaintiff was charged $541.00/month for COBRA health insurance benefits and paid $80 for one-half of one month's health insurance prior to and following her termination totaling $4,949. Plaintiff was charged $446.61/month for COBRA health insurance benefits for two months' health insurance following her layoff from Pillsbury Winthrop Shaw Pitttman, LLP totaling $893.22. Plaintiff was undercharged $5.28 ($456.14 $454.38 = $1.76 x 3 months = $5.28) for the months of March, April, and May 2005 and overcharged $509.16 for the months of June, July, August, September, October, and November 2005 ($541.00 - $456.14 = $84.86 x 6 months = $509.16) plus the 2% administration fee on $509.16 of $10.18 for a total overcharge of $519.34. Plaintiff paid full cost for pharmaceutical medications from March 15, 2005, until her COBRA election on May 10, 2005, less one month's reimbursement, totaling $269.12. 18 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 19 of 21 Loss of Transportation Allowance As a result of Plaintiff's wrongful termination, as of the current trial date, the amount of Plaintiff's transportation allowance for the month of January 2005. Loss of Pension As a result of Plaintiff's wrongful termination, as of the current trial date, the amount of Plaintiff's pension. Loss of 401(k) Retirement As a result of Plaintiff's wrongful termination, as of the current trial date, the amount of Plaintiff's 401(k) retirement would have been $5,399.30. Five-Year Anniversary Service Recognition Award As a result of Plaintiff's wrongful termination, as of the current trial date, the amount of Plaintiff's five-year anniversary service recognition award. Five-Year Anniversary Profit Sharing As a result of Plaintiff's wrongful termination, as of the current trial date, the amount of Plaintiff's five-year anniversary profit sharing. Employee Retirement Income Security Act Amount decided by trier of facts after all evidence presented. Interest on the Damages Set Forth Above Amount will be calculated at the prevailing rate pursuant to the applicable provisions of the FMLA. Liquidated Damages Additional amount as liquidated damages equal to the sum of the amount described above calculated as described. Equitable Relief As may be appropriate--amounts decided by court/jury after all evidence presented. 19 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 20 of 21 Reasonable Attorney's Fees Amounts continue to accrue and will be decided by the trier of facts after all evidence presented. Reasonable Expert's Fees Amounts continue to accrue and will be decided by the trier of fact/court after all evidence presented. Costs of This Action These costs will be the actual court costs incurred--amounts continue to accrue. D. Insurance Agreements For inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. RESPONSE: None in Plaintiff's possession. Plaintiff is not being sued. See Defendant's responses for insurance applicable for Defendant. DATED: February 28, 2007. Respectfully submitted, s/Joe Sneed________________________________ Joe Sneed, Attorney-In-Charge for Plaintiff Federal I.D. No. 1072 State Bar No. 18785900 699 FM 2027 Cameron, Texas 76520-5040 (979) 364-2767 (Telephone) joesneedatty@yahoo.com ATTORNEY FOR ELIZABETH A. GILMORE 20 Case 4:06-cv-03849 Document 14 Filed 02/28/2007 Page 21 of 21 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of a duplicate of the above and foregoing Rule 26(a)(1) Initial Disclosures of Plaintiff Elizabeth A. Gilmore has been served upon all opposing parties, or their attorneys of record, by either certified mail, return receipt requested, hand delivery, or telephonic or electronic document transfer on the 28th day of February, 2007. Lawrence H. Clore Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, Texas 77010-3095 s/Joe Sneed________________________________ Joe Sneed 21

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