08-3187 Volume Appendix15.pdf - Medical Supply Chain

In light of the foregoing, the Court directs Plaintiff to serve amended Rule 26(a)(1)(A)(i)
disclosures that take the place of his initial and supplemental disclosures 16 and which provide
sufficiently detailed information regarding the subject of each potential witness’ knowledge. In
addition, the amended disclosures shall provide each individual’s address and telephone number,
if known to Plaintiff. Finally, Plaintiff shall insure that any individuals listed are those who he
believes are likely to have discoverable information that he may use to support his claims or
defenses in this particular lawsuit. These amended disclosures shall be served on Defendants by
July 30, 2008.
B. Disclosure of Documents
Rule 26(a)(1)(A)(ii) requires a party to provide to the other parties in the lawsuit “a copy ––
or a description by category and location –– of all documents, electronically stored information, and
tangible things that the disclosing party has in its possession, custody, or control and may use to
support its claims or defenses, unless the use would be solely for impeachment.” 17 To comply with
the Rule, then, Plaintiff was required to provide Defendants with the following:
! either a copy or a description by category and location, of all documents, electronically
stored information, and tangible things;
! that are in Plaintiff’s possession, custody or control; and
! that Plaintiff may use to support his claims or defenses in this lawsuit.
Defendants essentially argue that the first and third of these requirements have not meet satisfied.
16
This should end any confusion as to whether the supplemental disclosures were intended
to replace the initial disclosures.
17
Fed. R. Civ. P. 26(a)(1)(A)(ii).
7
08-3187 Medical Supply Chain vs. Neoforma Volume XV 5585