UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

_________________________________

JOHN FASUSI, Case No. 19-13288-BFK

Chapter 7

Plaintiff, Adversary Proceeding No. 19-01122-BFK

v.

GABY A. TOUMA

Defendant.

 

Plaintiff’s Initial Disclosures under

Federal Rule of Civil Procedure 26(a)

1. Under Rule 26(a)(1)(A), the names, addresses and telephone

numbers of each individual likely to have discoverable information that

Plaintiff may use to support his claims or defenses:

A. Name: JOHN FASUSI

Address: c/o Thomas R Breeden

Thomas R. Breeden, P.C.

10326 Lomond Drive

Manassas VA 20109

Telephone: (703) 361-9277

Has knowledge of all aspects of this matter

B. The Defendant, Gaby A. Touma

C. Representatives of GN Auto, LLC

2. Under Rule 26(a)(1)(A), the subjects of the discoverable information known

by the above individuals:

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A. JOHN FASUSI: Plaintiff has knowledge of facts alleged in the

pleadings, as well as her damages. 

B. Unknown Agents of Defendant: Upon receipt of Defendant’s

Rule 26(a) disclosures and responses to discovery, Plaintiff may

learn the identity of additional agents of Defendant that may

elicit testimony to be used by Plaintiff.

C. Unknown Agents of GN Auto, LLC: Upon receipt of Defendant’s

Rule 26(a) disclosures and responses to discovery, Plaintiff may

learn the identity of additional agents of GN Auto, LLC that

may elicit testimony to be used by Plaintiff. 

D. Expert Testimony as Needed: Plaintiff may seek to use expert

testimony, but at this time have not retained or consulted with

any experts. Plaintiff will supplement this disclosure once an

expert has been retained. 

3. Under Rule 26(a)(1)(B), Plaintiff set forth the following

categories of documents, data compilations, and tangible items in his

possession, custody or control that they may use to support his claims or

defenses:

1. Arbitration Award dated October 10, 2017

2. Complaint in Fairfax County Case Number 2016-13918

3. Fasusi’s Arbitration Complaint against Touma and GN Auto,

LLC

4. Motion to impose judgment (Confirm arbitration award) filed in

Fairfax County Case Number 2016-13918 

5. Virginia Supreme Court’s August 1, 2019 ruling for Record No

180642.

6. Advertisement

7. Buyers Order

8. Retail Installment Contract

9. Buyers Guide

10. Cars Protection Plus contract

11. NADA for 1998 Mercedes Benz E Class

12. Motor Vehicle Dealer Board Records related to March 15, 2017

decision on disciplinary action against Gaby Touma 

13. Loudoun County General District Court Criminal Records

related to Gaby Touma’s June 9, 2015 convictions of violating

Virginia Code §46.201542

14. Loudoun County General District Court Criminal Records

related to Gaby Touma’s December 13, 2016 convictions of

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violating Virginia Code §46.2-1544

15. All documents produced by Defendant.

4. Under Rule 26(a)(1)(C), Plaintiff produces the following

computation of damages claimed, and makes available for

inspection and copying under Rule 34 any non-privileged

documents or other evidentiary materials on which these

computations are based:

The Plaintiff seeks $19,761.00 actual damages, tripled to

$59,013.00; punitive damages of $50,000.00, attorney fees of $10,810.00 and

court costs of $453.72 as set forth in the Arbitration Award dated October 10,

2017, and for such other and further relief as this Honorable Court deems

appropriate.

Dated: February 4, 2020

Respectfully served,

JOHN FASUSI

By Counsel

/s/ Thomas R. Breeden 

Thomas R. Breeden, Esq. (VSB #33410)

THOMAS R. BREEDEN, P.C.

10326 Lomond Drive

Manassas, Virginia 20109

(703) 361-9277 Telephone

(703) 337-0441 Facsimile

trb@tbreedenlaw.com

Counsel for Plaintiff

Certificate of Service

 I hereby certify that on February 4, 2020 the Initial Disclosures

were served by email and via the CM/ECF system to:

Thomas K. Plofchan, Jr, Esquire

Jacqueline A. Kramer, Esquire

Westlake Legal Group 46175 Westlake Drive, # 320

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Sterling, Virginia 20165

Counsel for Defendant

Janet M. Melburger

The Melburger Law Firm, P.C.

1493 Chain Bridge Road, Suite 201

McLean, VA 22101-5726

Trustee

/s/ Thomas R. Breeden 

Thomas R. Breeden

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