Free Initial Disclosures - District Court of Delaware - Delaware

Case 1:06-cv-00507-JJF-IVIPT Document 21 Filed 10/02/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
STACK TECK SYSTEMS, INC. 2
Plaintiff
v. C.A. N0. O6·507 KAJ
DAVID BROWN
Defendant.
MANDATORY DISCLOSURES BY DEFENDANT
PURSUANT TO FED. R. CIV. P. 26(a[
NOW COMES Defendant by and through counsel, pursuant to Fed. R. Civ. P. 26(a), who
reserves the right to supplement this information and states:
1. A. Individuals likely to have discoverable information that may be used to support
Defendant’s claims or defenses, unless solely for impeachment. In addition to the defendant:
p a. Mr. Gino Trigiani X CFO Stack Teck Systems Ltd.
b. Mr. Henry Rozema Vice President Stack Teck Systems Ltd.
c. Mr. Lou DiMaulo Vice President Stack Teck Systems Ltd.
d. Mr. Vince Travaglini Vice President Stack Teck Systems Ltd.
e. Mr. Fernando Segovia X Vice President Stack Teck Systems Ltd.
f Mr. Joe Claxton X Vice President Stack Teck Systems Ltd.
g. Mr. Andy Vandenberk Production Manager Stack Teck Systems Ltd.
h. Mr. Tom Smith Vice President Stack Teck Systems California
i. Mr. Leonard Harlan X Director Stack Teck Systems Inc.
j. Mr. Bill Pmelledge X Director Stack Teck Systems Inc.

Case 1:06-cv-00507-JJF-IVIPT Document 21 Filed 10/02/2006 Page 2 of 4
k. Mr. Ralph Goldsilver X Director Stack Teck Systems Inc.
l. Mr. Tom Cook X Director Stack Teck Systems Inc.
m. Mr. Larry Klumpp X Director Stack Teck Systems Inc.
n. Mr. Robert Wages X Director Stack Teck Systems Inc.
o. Mr. Scorr Schooley Director Stack Teck Systems Inc.
p. Mr. Malcolm Chiu IT Director Stack Teck Systems Ltd.
q. Numerous mid—level employees who participated in the plan.
B. A description by category and location of] all documents, data compilations, and
tangible things that are in the possession, custody, or control of Defendant and that Defendant
may use to support his claims or defenses, unless solely for impeachment.
a. Annual Approved Budgets for both operating entities of Stack Teck (Canada &
California) reflecting the Incentive (bonus) Plan.
b. Monthly Board Reporting Packages showing the monthly accounting for the
Incentive Plan under question for 2005 plus previous years. The packages also show the
company’s performance against the above budgets which drove the Incentive Plan.
c. The detailed Incentive plans and surrnnaries presented to the relevant employee
participants near the start of each year plus the final results of same at the end. This includes
Executives, mid management and others in both Canada and California.
d. Defendant’s promissory note, both original and as amended and restated , in
1998.
e. The shareholders agreement plus the tag along notice which shows that it
became null and void last October.

Case 1:06-cv-00507-JJF-|\/IPT Document 21 Filed 10/02/2006 Page 3 of 4
f The spread sheet showing the distribution of funds injected by Woodside
Annex after the completion of the transaction.
g. Any document relating to how Woodside and Annex would deal with the
employee shareholders post closing.
C. A computation of damages claimed.
To be provided during the course of discovery
D. Any insurance aggeement which may be available to satisg part or all of a judggpent
which may be entered in the action.
Defendant was covered by D& O insurance..
2. A. The disclosure of any person who may be used at trial to present evidence.
Trial and expert witnesses have not yet been determined.
Respectfully submitted,
RIC>HARD R. WIER, JR., P.A.
/s/ Richard R. Wier, Jr.
Richard R. Wier, Jr. (#716)
Two Mill Road, Suite 200
Wilmington, DE 19806
(302)888—3222

Case 1:06-cv-00507-JJF-|\/IPT Document 21 Filed 10/02/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
STACK TECK SYSTEMS, INC. :
Plaintiff
v. C.A. No. 06-507 KAJ
. DAVID BROWN
Defendant.
CERTIFICATE OF SERVICE
I certify that on this 2“d day of October 2006 that I caused a copy of the attached to be
served by ELECTRONIC FILING.
RICHARD R. WIER, JR., P.A.
/s/ Richard R. Wier, Jr.
Richard R. Wier, Jr. (#716)
Two Mill Road, Suite 200
Wilmington, DE 19806
(302)888—3222
[email protected]
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