Anderson v. Domino's Pizza, Inc. et al

Filing 18

INITIAL DISCLOSURES Filed by Defendant Call-Em-All, LLC.(Dimock, Christina)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON

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CAROLYN ANDERSON,

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Plaintiff,
v.

CIVIL ACTION NO.: C11-902-RBL
CALL-EM-ALL, LLC’S INITIAL
DISCLOSURES PURSUANT TO
FED.R.CIV.P. 26(a)(1) AND CR 26

DOMINO’S PIZZA, INC., DOMINO’S
PIZZA, LLC, FOUR OUR FAMILIES,
INC. and CALL-EM-ALL, LLC,
Defendants.

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Pursuant to Federal Rule of Civil Procedure 26(a)(1) and CR 26, comes now

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defendant Call-Em-All, LLC (hereinafter “CEA”), by and through its undersigned

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attorneys, and makes the following Initial Disclosures, which are based upon CEA’s best

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present information and knowledge. CEA hereby reserves the right to supplement and/or

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modify these disclosures upon the acquisition of additional facts or knowledge. With this
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submission, CEA does not waive any applicable privilege, including but not limited to the

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attorney-client privilege and work-product privilege, and it expressly retains the right to

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assert any such privilege where appropriate.

CALL-EM-ALL, LLC’S INITIAL DISCLOSURES –
Page 1
Case No. 11-902-RBL

CORR CRONIN MICHELSON
BAUMGARDNER & PREECE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]

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CEA hereby discloses the following information:

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I.

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The name and, if known, the address and telephone number of each

individual likely to have discoverable information, along with the subjects of that

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information, that the disclosing party may use to support its claims or defenses, unless
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solely for impeachment, identifying the subjects of the information.
RESPONSE:
Plaintiff Carolyn Anderson, who will be contacted through her counsel, is likely to

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have discoverable information regarding the basis of her allegations, her telephone records,

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her qualifications to serve as lead plaintiff, and her efforts, or lack thereof, with respect to

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the duty to mitigate damages;

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Defendant Four Our Families, Inc., and any employees or agents of Four Our

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Families, Inc. who may have used CEA’s services. They will be contacted through Four

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Our Families, Inc.’s counsel. They are likely to have discoverable information regarding

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the Terms Of Use of its User Agreement with CEA, the calls it allegedly placed to

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plaintiff, its acquisition of plaintiff’s and other telephone numbers at issue herein, the

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content of its calls, its use of CEA’s services, and the nature of its relationship to the other

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parties in this action;
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Michael W. Brown, president of Four Our Families, Inc., who will be contacted

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through his counsel, is likely to have discoverable information regarding matters identified

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above with respect to Four Our Families, Inc., as well as his deposition testimony given in

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this action prior to CEA being named as a party;

CALL-EM-ALL, LLC’S INITIAL DISCLOSURES –
Page 2
Case No. 11-902-RBL

CORR CRONIN MICHELSON
BAUMGARDNER & PREECE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]

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Defendant Domino’s Pizza, Inc., who will be contacted through its counsel, is
likely to have discoverable information regarding the nature of its relationship with
defendant Four Our Families, Inc.;

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Brad Herrmann, president of CEA, should be contacted through CEA’s counsel:
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Olshan Grundman Frome Rosenzweig & Wolosky LLP, Park Avenue Tower, 65 East 55th

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Street, New York, NY 10022, telephone: [phone]. Mr. Hermann may testify

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regarding the Terms Of Use of the User Agreement with Four Our Families, Inc., the

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nature of CEA’s relationship to the other parties in this action and CEA’s procedures and

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practices.
Pat Reimers, who is employed in the customer service department of CEA, should

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be contacted through CEA’s counsel: Olshan Grundman Frome Rosenzweig & Wolosky

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LLP, Park Avenue Tower, 65 East 55th Street, New York, NY 10022, telephone:

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212.451.2300. Ms. Reimers may testify regarding CEA’s procedures and practices and

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any contact she may have had with Four Our Families, Inc.

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II.

A copy of, or a description by category and location of, all documents, data

compilations, electronically stored information, and tangible things that the disclosing

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party has in its possession, custody, or control of the party and that the disclosing party
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may use to support its claims or defenses, unless the use would be solely for impeachment.
RESPONSE:
Documents, both “hard copies” and electronically stored information, are located at
CEA’s office or stored on its computers, at the following address: 2611 Internet Blvd,
Suite 120, Frisco, TX 75034. Categories of documents include CEA’s User Agreement
CALL-EM-ALL, LLC’S INITIAL DISCLOSURES –
Page 3
Case No. 11-902-RBL

CORR CRONIN MICHELSON
BAUMGARDNER & PREECE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]

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with Four Our Families, Inc., e-mail communications with Four Our Families, Inc.,

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historical screen shots from CEA’s website and other documents concerning Four Our

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Families, Inc.

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III.

A computation of each category of damages claimed by the disclosing

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party, who much also make available for inspection and copying as under Rule 34 the

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documents or other evidentiary material, unless privileged or protected from disclosure, on

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which each computation is based, including materials bearing on the nature and extent of

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injuries suffered.

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RESPONSE:
CEA plans to assert cross-claims against defendant Four Our Families, LLC, which

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arise under the Terms Of Use of the parties’ User Agreement, including the

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indemnification, defense and hold harmless provisions located therein. A computation of

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damages is not possible at this time, but would consist of any amounts that CEA was found

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liable towards plaintiff or a potential class in this action, as well as any other losses,

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liabilities, expenses, damages and costs, including reasonable attorneys' fees, sustained by

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CEA as a result of Four Our Families, LLC’s actions in this case.

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IV.

For inspection and copying as under Rule 34, any insurance agreement

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under which an insurance business may be liable to satisfy all or part of a possible

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judgment which may be entered in the action or to indemnify or reimburse for payments

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made to satisfy the judgment.

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RESPONSE:
None.
CALL-EM-ALL, LLC’S INITIAL DISCLOSURES –
Page 4
Case No. 11-902-RBL

CORR CRONIN MICHELSON
BAUMGARDNER & PREECE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]

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Dated: August 9, 2011
Respectfully submitted,
CORR CRONIN MICHELSON
BAUMGARDNER & PREECE LLP

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/s/ Christina N. Dimock_______________
By: Kelly P. Corr, WSBA No. 555
Christina Dimock, WSBA No. 40159
1001 4th Ave., Suite 3900
Seattle, WA 98154-1051
[e-mail]
[e-mail]
Tel. [phone]
Fax. [phone]
OLSHAN GRUNDMAN FROME
ROSENZWEIG & WOLOSKY LLP
Andrew B. Lustigman (pro hac pending)
Scott Shaffer (pro hac pending)
Park Avenue Tower
65 East 55th Street
New York, New York 10022
[e-mail]
[e-mail]
Tel. [phone]
Fax. [phone]
ATTORNEYS FOR
DEFENDANT CALL-EM-ALL, LLC

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CALL-EM-ALL, LLC’S INITIAL DISCLOSURES –
Page 5
Case No. 11-902-RBL

CORR CRONIN MICHELSON
BAUMGARDNER & PREECE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]

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CERTIFICATE OF SERVICE
The undersigned hereby certifies as follows:
I am employed at Corr Cronin Michelson Baumgardner & Preece LLP, attorneys of

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record for Defendant Call-Em-All, LLC herein.
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I hereby certify that on this date, I electronically filed the attached foregoing with

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the Clerk of the Court using the CM/ECF system, which will send notification of such

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filing to the following persons:

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Kim Williams
Rob Williamson
Williamson & Williams
17253 Agate St. NE
Bainbridge Island, WA 98110
Attorneys for Plaintiffs

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David M. Soderland
Dunlap & Soderland, P.S.
901 Fifth Avenue, Suite 3003
Seattle, WA 98164
Attorneys for Domino’s Pizza, LLC

Nelson C. Fraley II
Faubion, Reeder, Fraley & Cook, P.S.
5920 – 100th St. SW #25
Lakewood, WA 98499
Attorneys for Defendant Four Our Families, Inc.

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I declare under penalty of perjury under the laws of the state of Washington
that the foregoing is true and correct.
DATED: August 9, 2011 at Seattle, Washington.

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/s/ Heidi M. Powell
Heidi M. Powell

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CALL-EM-ALL, LLC’S INITIAL DISCLOSURES –
Page 6
Case No. 11-902-RBL

879 00001 lh095401

CORR CRONIN MICHELSON
BAUMGARDNER & PREECE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]