UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

WESTERN DIVISION 

NICK GEORGEFF, ) 

) 

Plaintiff, ) 

) No.: 20-cv-50313 

) Magistrate Judge Lisa A. Jensen 

v. ) 

) 

DON BORNEKE CONSTRUCTION, INC. ) 

) 

) 

Defendant. ) 

DEFENDANT, DON BORNEKE CONSTRUCTION, INC.’S INITIAL DISCLOSURES

NOW COMES Defendant, Don Borneke Construction, Inc., by its attorney, Brian D. Hahn, 

and for its Initial Disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1), states as 

follows: 

I. 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 

RESPONSE: 

DAN BORNEKE CONSTRUCTION, INC. EMPLOYEES AND REPRESENTATIVES: 

Mark Sikel 

Don Borneke Construction 

Estimator/Project Manager 

507-234-2221 Ext. 2 

Brad Bennett 

Don Borneke Construction 

Superintendent on site 

507-317-3184 

Nick Borneke 

Don Borneke Construction 

Quality Control Project Manager 

(507) 995-9214 

Case: 3:20-cv-50313 Document #: 24 Filed: 11/30/20 Page 1 of 3 PageID #:74
M.A. MORTENSON COMPANY, PLAINTIFF’S EMPLOYER 

Andrew Black 

M.A. Mortenson Construction 

Onsite Project Manager 

815-382-4645 

Andrew Kruse 

M.A. Mortenson Construction 

Onsite Superintendent 

248-909-1841 

Santiago Bermudez 

Former Project Manager at M.A.Mortenson Construction 

954-401-9922 

INVESTIGATION CONTINUES. 

It is anticipated that these individuals may have information concerning the provisions of the 

subcontract agreement between M.A. Mortenson Company and Don Borneke Construction, Inc., 

including the scope of work and any change orders. These individuals may also have information 

concerning the work performed being performed at the site by M.A. Mortenson Company and Don 

Borneke Construction Inc. at or near the time of the incident alleged in the complaint, Plaintiff’s job 

duties, the location where the incident involving Plaintiff occurred, and the injuries Plaintiff allegedly 

sustained. 

The foregoing is a list of witnesses Defendant believes have knowledge related to the issues in this 

litigation. As discovery continues and after Defendant has had a reasonable opportunity to review all 

of the documents related to this matter, including those that have yet to be produced, Defendant may 

provide an additional list of individuals who have knowledge related to issues in this litigation and 

may be called at the trial of this matter to testify regarding the various subjects stated above. 

Defendant is in the process of gathering additional information regarding any such witnesses and will 

make supplemental disclosures, as appropriate in the future. Defendant reserves the right to update 

this list as new information is obtained and received. In addition, all witnesses, including expert 

witnesses, will be identified in accordance with the Federal Rules of Civil Procedure and any 

applicable scheduling order entered by the Court. 

II. 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 

RESPONSE: 

DOCUMENTS DISCLOSED 

• Copy of Subcontract Agreement between M.A. Mortenson and Don Borneke 

Construction, Inc. (which will be provided at a later time under separate cover) 

Case: 3:20-cv-50313 Document #: 24 Filed: 11/30/20 Page 2 of 3 PageID #:75
• Copy of Pertinent Change Orders (which will be provided at a later time under 

separate cover) 

• Copy of Plan of the Day report dated November 15, 2018 (which will be 

provided at a later time under separate cover) 

III. 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. 

RESPONSE: Not applicable to Defendant. 

IV. For inspection and copying as 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. 

RESPONSE: Defendant will make a copy of the insurance policy issued to Don Borneke 

Construction, Inc. available for inspection or copying at a later mutually convenient time. 

Pursuant 26(g), I certify that to the best of my knowledge, information and belief; after reasonable 

inquiry, that the information provided in this disclosure is complete and correct as of the time it is 

made with respect to the responses provided herein, and documents attached hereto. 

 

 

 Brian D. Hahn 

Attorney for Defendant, Don Borneke Construction, Inc. 

Name: HICKEY SMITH LLP 

Address: 2863 West 95th St, Suite 256 

City: Naperville, Illinois 60564 

Telephone: (630) 402-6139 

ARDC No.: 6277589 

Email: bhahn@hickeysmith.com 

Case: 3:20-cv-50313 Document #: 24 Filed: 11/30/20 Page 3 of 3 PageID #:76