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RULE 26 Disclosures by THE FIRST, A NATIONAL BANKING ASSOCIATION — Agent Fee Litigation (Dkt. 71)
Summary
Defendant The First, A National Banking Association's initial disclosures under Rule 26(a) of the Federal Rules of Civil Procedure in Sport & Wheat CPA PA v. ServisFirst Bank Inc, et al., Case No. 3:20-cv-05425-TKW-HTC, in the U.S. District Court for the Northern District of Florida, Pensacola Division, dated July 1, 2020. The disclosures identify three individuals, reachable through counsel, with information about The First's practices on PPP loans and the PPP loan to the borrower at issue in the Amended Complaint. They list five categories of documents, including PPP borrower application forms, SBA borrower and agent agreements, and communications with that borrower. The First states it does not seek monetary damages and will make any insurance policies available under Rule 34. The disclosures are signed by Christopher A. Riley of Alston & Bird LLP and include a certificate of service.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
SPORT & WHEAT CPA PA, a Florida
corporation, individually and on behalf
of a class of similarly situated
businesses and individuals,
Case No. 3:20-cv-05425-TKW-HTC
Plaintiff,
v.
SERVISFIRST BANK INC, et. al.
Defendants.
DEFENDANT THE FIRST’S INITIAL DISCLOSURES
Defendant The First, A National Banking Association (“The First”) makes the
following initial disclosures, as required by Rule 26(a) of the Federal Rules of Civil
Procedure.
PRELIMINARY STATEMENT
These Initial Disclosures are the product of The First’s investigation to date
and contain information reasonably available to it. These Initial Disclosures are not
intended to be a disclosure of all witnesses and evidence that The First may offer at
trial, but is a preliminary disclosure statement subject to supplementation after
further information is obtained and discovery is undertaken. These Initial
Disclosures represent a good faith effort at this stage to identify individuals and
documents or other tangible things that The First reasonable believes may be used
to support its defense of this action. The First reserves the right to amend or
supplement these disclosures as discovery and the case progress.
A. The name and, if known, the address and telephone number of each
individual likely to have discoverable information—along with the
subjects of that information—that the disclosing party may use to
support its claims or defenses, unless the use would be solely for
impeachment.
Name Address Subjects of Information
Jarrett Nicholson – The c/o Alston & Bird LLP Information about
First 1201 West Peachtree Street The First’s practices
with respect to PPP
Atlanta, Georgia 30309 loans
Hayden Mitchell – The c/o Alston & Bird LLP Information about
First 1201 West Peachtree Street The First’s practices
with respect to PPP
Atlanta, Georgia 30309 loans
Jennifer Micklos – The c/o Alston & Bird LLP Information about
First 1201 West Peachtree Street PPP loan to the
borrower at issue in
Atlanta, Georgia 30309 the Amended
Complaint
The foregoing individuals can be contacted through the undersigned counsel.
The First reserves the right also to rely on the testimony of any individual identified
in the Rule 26 disclosures of any other party, any individual identified in the
responses of any party to Interrogatories, and any individual deposed in this action.
The First further reserves the right to amend this list to add or remove names and
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subjects of information required to be identified under the Federal Rules of Civil
Procedure.
B. 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.
The First identifies the following documents, electronically stored information,
and tangible things that it has in its possession, custody or control and may use to
support any position in this case:
1. Paycheck Protection Program Borrower Applications Forms and related
documents;
2. SBA Paycheck Protection Program Borrower and Agent Agreements and
related documents;
3. Documents related to The First’s Implementation of the Paycheck
Protection Program;
4. Paycheck Protection Program Borrower Applications Forms for the
borrower at issue in the Amended Complaint; and
5. Communications between The First and the borrower at issue in the
Amended Complaint.
The First will not produce documents that are protected from discovery by the
attorney-client privilege, the work-product doctrine, or any other applicable
privilege or protection from discovery. Furthermore, The First will produce any
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confidential and proprietary information pursuant to any protective order to be
entered in this case.
The First reserves the right to amend this list to add or remove categories of
documents and things required to be identified under the Federal Rules of Civil
Procedure.
C. A computation of each category of damages claimed by the disclosing
party—who must also make available for inspection and copying as
under Rule 34 the documents or other evidentiary material, unless
privileged or protected from disclosure, on which each computation is
based, including materials bearing on the nature and extent of injuries
suffered.
The First does not seek monetary damages in this case. The First reserves the
right to supplement and amend this disclosure.
D. For inspection under Rule 34, any insurance agreement under which an
insurance business may be liable to satisfy all or part of a possible
judgment in the action or to indemnify or reimburse for payments made
to satisfy the judgment.
The First denies any liability to Plaintiffs. The First will make any such
policies available for inspection and copying pursuant to Rule 34 at a mutually
agreeable location, date, and time and subject to the entry of an appropriate
Confidentiality Protective Order.
***
Nothing herein shall be construed as a waiver of The First’s rights, defenses,
or positions in this matter. The First expressly does not waive any, and reserves all,
of its rights, defenses, and positions, whether or not stated herein.
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Respectfully submitted this 1st day of July 2020.
/s/Christopher A. Riley
CHRISTOPHER A. RILEY
Florida Bar No. 0168165
ALSTON & BIRD LLP
1201 West Peachtree Street
Atlanta, GA 30309
Telephone: (404) 881-4790
Chris.riley@alston.com
Counsel for Defendant The First, A
National Banking Association
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CERTIFICATE OF SERVICE
I hereby certify that on this 1st day of July 2020, I served the foregoing via
electronic mail to the following persons:
John Sidney Wirt, Esq. (jwirt@wirtlawfirm.com)
Meredith Laughlin Allen, Esq. (mlallen@mcguirewoods.com)
Kathryn Margaret Barger, Esq. (kbarber@mcguirewoods.com)
Philip A. Bates, Esq. (pbates@philipbates.net)
Virginia M. Buchanan, Esq. (VBuchanan@levinlaw.com)
James E. Butler, Esq. (jim@butlerwooten.com)
William F. Cash, Esq. (bcash@levinlaw.com)
Sara Ford, Esq. (sford@lightfootlaw.com)
Cheryl Haas, Esq. (chaas@mcguirewoods.com)
Antonio M. Haynes, Esq. (Antonio.haynes@davispolk.com)
Paul J. Nathanson, Esq. (paul.nathanson@davispolk.com)
Robert Ashby Pate, Esq. (apate@lightfootlaw.com)
Ramsey Prather, Esq. (ramsey@butlerwooten.com)
Emily Y. Rottman, Esq. (erottmann@mcguirewoods.com)
Matthew David Shultz, Esq. (mschultz@levinlaw.com)
Pamela Cocalas Wirt, Esq. (pcwirt@wirtlaw.com)
/s/Christopher A. Riley
CHRISTOPHER A. RILEY
Counsel for Defendant The First, A
National Banking Association
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