Case 1:14-cv-02068-LMM Document 11 Filed 08/25/14 Page 1 of 8

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
DHR INTERATIONAL,
Plaintiff,
CIVIL ACTION NO:
vs.
1:14-cv-02068-WSD
BRIAN McGOWAN,
Defendant.

DEFENDANTS INITIAL DISCLOSURES

(1) If the defendant is improperly identified, state defendants correct
identification and state whether defendant will accept service of an amended
summons and complaint reflecting the information furnished in this disclosure
response.
Defendant is properly identified.

(2) Provide the names of any parties whom defendant contends are
necessary party to this action, but who have not been named by plaintiff. If
defendant contends that there is a question of misjoinder of parties, provide the
reasons for defendants contention.
None.

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(3) Provide a detailed factual basis for the defense or defenses and any
counterclaims or crossclaims asserted by defendant in the responsive pleading.
Defendant was employed by Plaintiff from July 2, 2012 until May 23, 2014,
and the parties executed an Employment Agreement. Defendant received various
forms of compensation from Plaintiff during the course of his employment.
Plaintiff now seeks to recover from Defendant certain portions of that
compensation. Neither the Employment Agreement nor any other grounds permit
Plaintiff to recover from Defendant personally any portion of the compensation
paid to him. Further, even if Defendant is personally liable for repayment of some
amount to Plaintiff, which is unequivocally denied by Defendant, the amount
possibly owed to Plaintiff is far less than the amount claimed in the Complaint.
Defendant does not assert counterclaims or crossclaims.

(4) Describe in detail all statutes, codes, regulations, legal principles,

standards and customs or usages, and illustrative case law which defendant
contends are applicable to this action.
Defendant identifies the following authorities based on his investigation to
date. Defendant reserves the right to supplement these disclosures if and as
appropriate and to cite additional authorities in support of his position as this action
progresses:

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Case 1:14-cv-02068-LMM Document 11 Filed 08/25/14 Page 3 of 8

General contract principles regarding contract construction, O.C.G.A.

13-2-2
Paradyne Corp. v. Wolaver, 84 C 5180, 1985 WL 3602 (N.D. Ill.,
Oct. 31, 1985)
In re. Pre-Press Graphics Co., Inc., 310 B.R. 893 (Bankr. N.D. Ill.
2004)
Biles v. Home Interiors & Gifts, Inc., 112 Ga. App. 21 (1965)
Zwayer v. Ford Motor Credit Co., 279 Ill. App. 3d 906 (Ill. App. Ct.,
1996)
Gram Corp. v. Wilkinson, 210 Ga. App. 680 (Ga. App. 1993)
(5) Provide the name and, if known, the address and telephone number of
each individual likely to have discoverable information that you may use to support
your claims or defenses, unless solely for impeachment, identifying the subjects of
information. (Attach witness list to Initial Disclosures as Attachment A.)
Please see Attachment A, attached hereto.
(6) Provide the name of any person who may be used at trial to present
evidence under Rules 702, 703, or 705 of the federal Rules of Evidence. For all
experts described in Fed. R. Civ. P. 26(a)(2)(B), provide a separate written report
satisfying the provisions of that rule. (Attach expert witness list and written reports
to Initial Disclosures as Attachment B.)
Defendant has not decided whether to present an expert witness at trial, but
will supplement this response and otherwise make disclosures in accordance with

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Case 1:14-cv-02068-LMM Document 11 Filed 08/25/14 Page 4 of 8

local and federal rules. Thus, Defendant currently does not attach an Attachment B
hereto.
(7) Provide a copy of, or description by category and location of, all
documents, data compilations, and tangible things in your possession, custody, or
control that you may use to support your claims or defenses unless solely for
impeachment, identifying the subjects of the information. (Attach document list
and descriptions to Initial Disclosures as Attachment C.)
Please see Attachment C, attached hereto.
(8) In the space provided below, provide a computation of any category
of damages claimed by you. In addition, include a copy of, or describe by category
and location of, 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, making such documents or
evidentiary material available for inspection and copying under Fed. R. Civ. P. 34.
(Attach any copies and descriptions to Initial Disclosures as Attachment D.)
Defendant has not filed a counterclaim or crossclaim at this time, but
reserves the right to amend his pleadings to add such claims, to the extent
permitted under the applicable Federal Rules of Civil Procedure and Local Rules
for the Northern District of Georgia, if facts revealed in discovery support any such
claims.

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(9) If defendant contends that some other person or legal entity is, in
whole or in part, liable to the plaintiff or defendant in this matter, state the full
name, address, and telephone number of such person or entity and describe in
detail the basis of such liability.
Not applicable.
(10) Attach for inspection and copying as under Fed. R. Civ. P. 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 this
action or to indemnify or reimburse for payments to satisfy the judgment. (Attach
copy of insurance agreement to Initial Disclosures as Attachment E.)
None.
Respectfully submitted this 25th day of August, 2014.
HALL, ARBERY, GILLIGAN,
ROBERTS & SHANLEVER LLP
/s/ Elizabeth M. Newton
Warren R. Hall, Jr.
Georgia Bar No. 319405
whall@hagllp.com
Elizabeth M. Newton
Georgia Bar No. 975191
enewton@hagllp.com
3340 Peachtree Road N.E., Suite 1900
Atlanta, GA 30326
Tel: (404) 442-8776
Fax: (404) 537-5555
Counsel for Defendants
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Case 1:14-cv-02068-LMM Document 11 Filed 08/25/14 Page 6 of 8

Attachment A
Defendants List of Potential Witnesses
Potential Witness

Subjects of Information

Defendant Brian
McGowan (contact
through counsel for
Defendant)

Knowledge of the claims in this lawsuit and interactions

with representatives of Plaintiff.

April Drury, current

employee of DHR

Knowledge of the claims in this lawsuit and interactions

between Defendant and representatives of Plaintiff.

Geoff Hoffman, current

employee of DHR

Knowledge of the claims in this lawsuit and interactions

between Defendant and representatives of Plaintiff; also
has knowledge regarding communications with
Defendant and representations made by Plaintiff to
Defendant.

Kevin Morrison, current Knowledge of the claims in this lawsuit and interactions
employee of DHR
between Defendant and representatives of Plaintiff; also
has knowledge regarding financial and accounting
systems and processes at DHR.

Defendant also lists all individuals identified by Plaintiff in their initial

disclosures or in discovery. Defendant reserves the right to supplement or amend
this list at any time.

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Attachment C
Defendants List of Documents
Document Description
Offer letter
Employment Agreement
Records of financial performance

Defendant also lists all documents identified by Plaintiff in its initial

disclosures or in discovery. Defendant reserves the right to supplement or amend
this list at any time.

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Case 1:14-cv-02068-LMM Document 11 Filed 08/25/14 Page 8 of 8

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
DHR INTERATIONAL,
Plaintiff,
CIVIL ACTION NO:
vs.
1:14-cv-02068-WSD
BRIAN McGOWAN,
Defendant.

CERTIFICATE OF SERVICE
I hereby certify that on August 25, 2014, I electronically filed the foregoing
DEFENDANTS INITIAL DISCLOSURES with the Clerk of Court using the
CM/ECF system, which will automatically send e-mail notification of such filing
to the following attorneys of record:
David M. Atkinson, Esq.
datkinson@madllp.com

James J. Berdelle
james.berdelle@rsg-law.com

Ariel E. Shapiro, Esq.

ashapiro@madllp.com

/s/ Elizabeth M. Newton

Elizabeth M. Newton

4827-0648-7325, v. 2

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