IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION 

PATRICIA BURKETT, )

Administratrix of the Estate of )

JEREMY BURKETT, deceased, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO.:

) 1: 06-CV-775-DRB

TIMOTHY EUGENE MCCRAY and )

S. E. LUMBER COMPANY, )

)

Defendants, )

DEFENDANT’S RULE 26 (a)(1) INITIAL DISCLOSURES

COME NOW the defendants, TIMOTHY EUGENE MCCRAY and

SOUTHEAST LUMBER COMPANY, INC., incorrectly described as S. E. LUMBER

COMPANY, in the above-styled cause, and make the following initial disclosures

pursuant to Fed.R.Civ.P 26(a)(1) and L.R. 26.1(a)(1):

I.

GENERAL OBJECTIONS

These initial disclosures are being made based upon the present knowledge of

these defendants. These defendants reserve the right to subsequently alter, amend,

modify and/or supplement these disclosures.

These defendants object to disclosing information or documents that would

require them to respond by disclosing their attorneys’, or other representatives’,

Case 1:06-cv-00775-TFM Document 25 Filed 10/31/2006 Page 1 of 8
mental impressions, conclusions, opinions, computations, calculations, projections,

reasons, legal theories, trial preparation materials, work product or the like, or the

identity of non-witness expert consultants. These defendants submit that such

information and material is objectionable and otherwise not subject to discovery

and/or disclosure at this time.

These defendants object to producing any information, document or thing that

is protected from disclosure by the attorney-client privilege, the attorney work-product

doctrine, or any other applicable privilege or protection. The following information,

documents and things are included in the scope of this objection:

(a). These defendant’s attorneys’ case development plan, as amended

from time-to-time, and related memos;

(b). Memos relating to these defendant’s attorneys’ investigation of the

facts pertaining to this lawsuit;

(c). These defendant’s attorneys’ pretrial and trial notebooks, as

amended from time-to-time, and related memos;

(d). These defendant’s attorneys’ computerized case management

system;

(e). Documents relating to communications between these defendants

and their counsel, including client diaries, letters, memos of oral

communications, and the like;

Case 1:06-cv-00775-TFM Document 25 Filed 10/31/2006 Page 2 of 8
(f). Documents relating to these defendant’s attorneys’ legal research;

(g). Documents relating to interviews with potential witnesses

conducted by these defendant’s counsel or representatives;

(h). Documents relating to communications with any expert consultant

not expected to be called as an expert witness to testify at trial;

(i). Documents prepared or generated by these defendants or any of

their representatives or on their behalf after the filing of plaintiff’s claims

(administrative or otherwise) or in anticipation of this litigation;

These defendants submit that all of the foregoing documents and things have

been or will be generated and otherwise prepared in anticipation of litigation or for

trial and, therefore, are not subject to disclosure because they are privileged attorney

work-product and trial preparation materials. These defendants object to disclosing

this information and material unless and until good cause for such production is

shown by the plaintiff.

These defendants object to producing any confidential or proprietary

information, documents or things, except pursuant to a court order or stipulation of

counsel.

These defendants object to any disclosures which would require these

defendants to respond by acquiring or supplying information, documents or things

which are irrelevant to the subject matter or issues of this case, or are not reasonably

Case 1:06-cv-00775-TFM Document 25 Filed 10/31/2006 Page 3 of 8
calculated to lead to the discovery of relevant and admissible evidence. 

By disclosing any information, documents or things, these defendants do not

waive questions as to the competency, relevancy, materiality, privilege, and

admissibility as evidence for any purpose of the said information, documents or

things.

These defendants object to disclosing information or documents that are equally

available to the plaintiff and/or if the burden on the plaintiff to obtain the requested

information or documents is no greater than the burden on this defendant.

II.

INITIAL DISCLOSURES

Without waiving the foregoing objections, these defendants make the following

initial disclosures:

A. Individuals likely to have discoverable information that these

defendants may call as witnesses to support defenses asserted on their behalf,

unless solely for impeachment, identifying the subjects of the information:

1. Timothy Eugene McCray

7445 Kesler Avenue P. O. Box 161

Damascus, Georgia 39841 Damascus, GA 39841

It is expected that Mr. McCray will offer testimony regarding the facts of the

accident made the basis of this case and his employment at the time of the accident.

2. Mr. Woodfin Warr a/k/a Woody Warr

320 Ballpark Avenue

Damascus, Georgia 39841

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It is expected that Woody Warr will offer testimony regarding his knowledge

of the accident made the basis of the case and the employment of Timothy Eugene

McCray at that time.

3. Xenia Scales

986 Edwin Reynolds Road

Cottonwood, Alabama 36320 

It is expected that Xenia Scales will offer testimony regarding the facts of the

accident made the basis of this case as an independent eye witness as well as what she

saw and heard after the collision.

4. Shaddon Smith

986 Edwin Reynolds Road

Cottonwood, Alabama 36320 

It is expected that Shaddon Smith will offer testimony regarding the facts of the

accident made the basis of this case as an independent eye witness as well as what he

saw and heard after the collision.

5. Alabama State Trooper S. Pickett

Alabama department of Public safety

5679 Montgomery Highway

Dothan, Alabama 36303

It is expected that Alabama State Trooper S. Pickett will offer testimony

regarding his investigation of the accident made the basis of this case as a law

enforcement officer including opinion testimony as a non-retained expert based upon

his education and experience in law enforcement. 

6. Alabama State Trooper C. Starling

Alabama department of Public safety

5679 Montgomery Highway

Dothan, Alabama 36303

It is expected that Alabama State Trooper C. Starling will offer testimony

regarding his investigation of the accident made the basis of this case as a law

enforcement officer including opinion testimony as a non-retained expert based upon

his education and experience in law enforcement. 

Case 1:06-cv-00775-TFM Document 25 Filed 10/31/2006 Page 5 of 8
7. Kevin Cook

Alabama department of Public safety

5679 Montgomery Highway

Dothan, Alabama 36303

It is expected that Alabama State Trooper Kevin Cook will offer testimony

regarding his investigation of the accident made the basis of this case as a law

enforcement officer.

B. Documents, data compilations, and tangible things that are in the

possession, custody, or control of this defendant and that this defendant may use

to support its defenses, unless solely for impeachment.

1. Alabama Uniform Accident Report

2. Photographs taken at accident scene by Alabama State Trooper C. Starling

3. Employment records of Timothy Eugene McCray

4. Statement of Shaddon Smith

C. Computation of damages. Not applicable.

D. Insurance agreement. The insuring agreement(s) have been requested and

will be produced when received by defense counsel.

s/: William A. Mudd 

William A. Mudd

Attorney Code No.

State : MUD001 

Federal : ASB-4274-U79W

Attorney for Timothy Eugene McCray

and Southeast Lumber Company, Inc.

Case 1:06-cv-00775-TFM Document 25 Filed 10/31/2006 Page 6 of 8
OF COUNSEL:

MILLER, HAMILTON, SNIDER & ODOM, L.L.C.

505 North 20th. Street

500 Financial Center

Birmingham, Alabama 35203

(205) 226-5200

(205) 226-5226 Fax

billmudd@mhsolaw.com

CERTIFICATE OF SERVICE

I hereby certify that on the 31st day of October, I electronically filed the

foregoing with the Clerk of Court using the CM/ECF system, which will send

notification of such filing to the following:

LIST OF ATTORNEYS:

Mr. Tommy R. Scarborough

P. O. Box 994

Geneva, Alabama 36340

(334) 684-8729

Mr. David L. Harrison

P. O. Box 994

Geneva, Alabama 36340

(334) 684-8729

Mr. C. Peter Bolvig

HALL, CONERLY & BOLVIG, P.C.

505 N. 20th. Street

1400 Financial center

Birmingham, AL 35203

(205) 251-8143

(205) 326-3202

bolviglaw@aol.com

Case 1:06-cv-00775-TFM Document 25 Filed 10/31/2006 Page 7 of 8
Mr. David Rousseau

211 West Adamas Street

Dothan, AL 36303

(334) 699-9000 phone

(334) 699-8797 Fax

rousseaulaw@graceba.net

s/: William A. Mudd 

OF COUNSEL

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