You are on page 1of 33

r-

'.
f

_.. / '.~~-:-i:-"~·.:l.
.
'DAVID A. ESCAMILLA LlTIGATfON DIVISION
COUNTY ATTORNEY
SHERINE ., THO MASt
RANDY T, L_~AVITT DIRECTOR
,It. '
FIRST ASSISTANT
ELAI~ A. -CASAS
JAMES W. COLLINS
EXECUTIVE ASSISTANT FELIX TARANGO

314 W. S1;REET
11TH, ANTHONY J NELSON
GRANGER BLDG., SpITE 420
AUSTIN, TEXA 7.8701 LESLIE W. DIPPEL
I
P. O. BO-X 1748 JENNIFER KRABER
AUSTIN, TEXAS 7876!
STEPHEN H. CAPELLE
(512)"854.9513
tMfMBER OF THE COLLEGE
FAX: (512) 854-4808 ' OF THE STATE BAR

October 13, 2008

Via Certified MailRlRlR #7008 1140 0002 7307 7599


Dominic Audino
Arboretum Plaza One
9442 N. Capital of Texas Hwy., 'Suite 500
Austin, Texas 78759

Re: Cause No. A-08-CA-643-SS; Heather Johnson v. Travis


County and Susan Spataro in her Individual and Official Capacities;
In the United States District Court for the Western District of Texas,
Austin Division

Dear Mr. Audino:

Rule 26(f) of the Federal Rules of Civil Procedure, requires parties to a lawsuit to confer
regarding a discovery plan and a scheduling order. Enclosed is a proposed joint scheduling order
which will govern the above lawsuit. The Court prefers the parties to agree on a scheduling
order rather than each party submitting separate orders. Please review the enclosed proposed
order and contact us with any revisions or concerns. If the proposed order meets your approval
please sign and return and we will file the order with the Court. The Rules require us to file the
scheduling order by November 3, 2008. Please contact me by October 20, 2008 so we may meet
the Court's deadline. Otherwise, we will file it on October 31, 2008 as Defendants' Proposed
Scheduling Order. Further, I propose we exchange with each other the Initial Disclosures Rule
26(a) requires by October 27,2008.' Please let fie-Know ifyou agree'with that deadline. FInally,
please provide us with your telephone number and/or email address so that you can be reached.

Thank you for your attention to this matter.

/'
AlN/clf
~"·.l I
Ene.
"

190984
· .
Filed: 11103/08
, .Case No: 1:08cv643
Doc. #9

§
BEAmER JOHNSON, §
Plaintiff, §
§
v. § A-08-CA-643-SS
§
TRAVIS COUNTY AND SUSAN §
SPATARO IN HER INDIVIDUAL §
AND omCIAL CAPACITIES, §
DefendlUlts. §

JOINT SCHEDULING ORDER

Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court issues the following

scheduling order:

1 . A report on ahemative dispute resolution in compliance with Local Rule CV -88

shall be filed by March 25. 2009 .

2.. The parties aSserting claims for relief shaiI submit a Written offer of settlement to .

opposing parties by March 11.2009 , and each opposing party shall respond, in writing, by

March 25, 2009 . All offers of settlement are to be private, not filed, and the Court is not to

be advised of the same. The parties are further ORDERED to retain the written offers of

settlement and responses as the Court will use these in assessing attorney's fees and court costs

at the conclUsionof trial.

3. The parties shall file all amended or supplemental pleadings and shall join .'

additional parties by hril22.


~ -
2009 •

4. All parties asserting claims for relief shall file their designation of potential

witnesses, testifying experts, and a list of proposed exhibits, and shall serve on alJ parties, but not

190891 94.269
~ov 01 0811:53a nen.iC Audino 512 _2850 p.3

file, a summary
. of testimony of any witness who will present any opinion in trial in an cxpeJt
.

report by May 22. 2009 . Any opinion or testimony not contained in the summary will not be

permitted at trial. Parties resisting. claims for relief shall file their designation of potential

witnesses. testifying experts, and a list of proposed exhibits, and shall serve on all parties, but not

file, a SUJDmaIy of testimony of any witness who will present any opinion in trial in an expert

report by' Jtme 22. 2009 . Any opinion or testimony not contained in the summaJ)' willnot be

permitted at triaL All designations of rebuttal experts shall be filed within fifteen (15) days of

receipt of the report of the opposing expert. The Fed R. Civ. P. 26 standard is not applicabJe to

this paragraph; it does not make any difference whether or not the expert witness is a "retained
expert," as any opinion or testimony of any expert not contained in the summary will be

permitted at trial. .

S. An' objection to the reliability of an expert's proposed testimony under Federal

Rule of Evidence 702 shall be made by motion; specifically stating the basis for theobjcction

and identifying the objectionable testimony, within eleven (11) days of receipt of the written

report of the expert's proposed testimony or within eleveD (11) days of the expert's deposition. if

. a deposition is taken, whichever is later.

6~ The parties shall complete all discovery on or before July 31, 2009" . Counsel

may by agreement continue discovery beyond the deadline, but there will be no intervention by

. . the Court except in extmordinary circumstances, end no trial setting will be vacated because of

utonnation obtained in post-deadline discovery. ~


". " . " "tltA.'1tua IS-, :k}b't
·7. All dispositive motions shall be filed no later than __ be I. 2M: and

shall be limited to ten (10) pages. Responses shall be filed within eleven (11) days of the service

of the motion and shall be limited to ten(l 0) pages. Any replies shall be filed within eleven (11)

190891 94-269 2
.
"Mov 01 08 11:53a 512 _2850

. days of the-service of the response and shall be limited to five (5) pages, but the Court need not

wait for the reply before ruling onthc motion.

8~ The case is set for docket call ~~;lS; .Jc,01. at 11~OOa.m.andtrial in


the month of. O~ a.()()? The parties should consult. Local Rule CV-l6(e) regarding

matters to be filed in advance oftriaJ.


4
SIGNED this the t dayOf .~/aO¢~

AGREED:

~-~
~mey for Defendants ..

190891 94·269 3
Fax: 512/854-4808
Email: lestie.dippel@co.travis.tx.us
LEAD ATTORNEY
AITORNEY TO BE NOTICED

Defendant
Susan Spataro represented by Anthony J. Nelson
In Her Individual and Official Capacity (See above for address)
LEAD ATTORNEY
AITORNEY TO BE NOTICED

Leslie W. Dippel
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

08/27/2008 1 Defendants' NOTICE OF REMOVAL (Filing fee $350 receipt number 00429017), filed by
Travis County, Susan Spataro. (Attachments: # 1 Exhibit - County Register of Actions, # 2
Exhibit - Plaintiffs Original Petition filed in State Court, # .3. Exhibits - Defendants' Notice of
Removal filed in Federal Court, # 1- Civil Cover Sheet / Supplemental / Receipt)(klw,)
(Entered: 08/2712008)

08/27/2008 DEMAND for Trial by Jury by Plaintiff contained in Original Complaint filed in State Court.
(klw, ) (Entered: 0812712008)
-

08/2712008 2 ORDER for Removing Party to supplement the record with State Court filings. Signed by
Judge Sam Sparks. (klw,) (Entered: 08/27/2008)
09/04/2008 .3. ANSWER to Complaint (Notice of Removal) by Travis County, Susan Spataro. (mm5)
(Entered: 09/04/2008)

09/0512008 ~ Order for Proposed Scheduling Order. Plaintiff shall submit a proposed scheduling order to the
Court within sixty (60) days after the appearance of any defendant. Proposed Scheduling
Order due by 111312008. Signed by Judge Sam Sparks. (mm5) (Entered: 09105/2008)

09/2512008 5 MOTION to Remand to State Court by Heather Johnson. (Attachments: # 1Proposed Order)
(mm5) (Entered: 09/25/2008)

09/2912008 Q RESPONSE to Motion, filed by Travis County, Susan Spataro, re 5. MOTION to Remand to
State Court filed by Plaintiff Heather Johnson Defendants' Response to Plaintiffs Motion to
Remand (Attachments: # 1 Exhibit A)(Nelson, Anthony) (Entered: 09/2912008)

09/29/2008 1 RESPONSE to Motion, filed by Travis County, Susan Spataro, re 5 MOTION to Remand to
State Court filed by Plaintiff Heather Johnson CORRECTED Defendants' Response to
Plaintiffs Motionfor Remand (Attachments: # I Exhibit A)(Nelson, Anthony) (Entered:
09/29/2008)
10/03/2008 .8 ORDER DENYING 5. Motion to Remand to State Court. Signed by Judge Sam Sparks. (mm5)
(Entered: 10/0312008)
11/03/2008 2 Proposed Scheduling Order Joint Scheduling Order by Heather Johnson, Travis County,
Susan Spataro. (Dippel, Leslie) (Entered: 1110312008)

11107/2008 10 SCHEDULING ORDER: Docket Call set for 9/25/2009 11:00 AM and Trial in the month of
October 2009 before Judge Sam Sparks. ADR Report Deadline due by 3/25/2009. Amended
u.s. District Court [LIVE]
Western District of Texas (Austin)
CIVIL DOCKET FOR CASE #: 1:08-cv-00643-SS

Johnson v. Travis County et al Date Filed: 08127/2008


Assigned to: Judge Sam Sparks Jury Demand: Plaintiff
Case in other court: 200th Judicial District of Travis County, 0-1- Nature of Suit: 442 Civil Rights: Jobs
GN-08-002659 Jurisdiction: Federal Question
Cause: 28:1441 Petition for Removal- Breach of Contract

Plaintiff
Heather Johnson represented by Heather Johnson
601 Blessing Ranch Road
Liberty Hill, TX 78642
512/497-2114
PROSE

Dominic C. Audino
Attorney at Law
Arboretum Plaza One
9442 Capital of Texas Hwy.
Suite 500 '
Austin, TX 78759
(512) 251-5004
Fax: 512/525-2850
Email: dominicaudino@yahoo.com
TERMINATED: 0211012009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

v.
Defendant
Travis County represented by Anthony J. Nelson
Travis County Attorney's Office
314 West 11th Street
Room 420
Austin, TX 78701
(512) 854-4801
Fax: 512/854-4808
Email: tony.nelson@co.travis.tx.us
LEAD ATTORNEY
AITORNEY TO BE NOTICED

Leslie W. Dippel
Travis County Attorney's Office
P.O. Box 1748 .
314 W. 11th Street
Room 420
Austin, TX 78767
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
" AUSTIN DIVISION
,I
.. )
'
.•

. .i'" . ., ."',,-:-;>;; ~.
.••
~~ r..

'it t ~

, :n;~~THERJOHNSON §
. /,
§
V. "':'f § A-08-CA-643-SS
\.~:' ",'" _.'
.\
"\ \ "~"..;;:-'. §
, TRAYIS-'COUNt-Y AND SUSAN SPATARO §
~"'.;·~~·'.INHER INDIVIDUAL AND OFFICIAL §
" 'CAPACrrIE$':-:"
- -~
.' §
\1 ',..
\'.~:--~ .
.•..
: ..DEFENDANTS TRAVIS COUNTY AND SUSAN SPATARO'S
~;2l-;:"
,j. ./ INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1)

TO:- HeatherJohnson, by and through her attorney of record, Dominic Audino, Arboretum Plaza -
One, 9442 N. Capital of Texas Highway, Suite 500, Austin, Texas 78759.

COME NOW, Defendants, TRAVIS COUNTY and SUSAN SPATARO, and provide

these Initial Disclosures pursuant to Federal Rules of Civil Procedure 26(a)(1).

I. FED. R.'CIV. P. 26(a)(1)(A)(i) Individuals Likely to Have Discoverable Information -


Along with the Subjects of that Information-that Defendants May Use to Support their
Claims or Defenses, Unless the Use Would B~Solely for Impeachment.

Heather Johnson
601 Blessing Ranch Road
Liberty Hill, Texas 78642

Ms. Johnson is expected to have personal knowledge of the facts surrounding her employment with.
Travis County.

Susan Spataro, Travis County Auditor


314 W. 11thStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

Susan Spataro is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. Susan Spataro is also expected to have personal knowledge of Ms.
Johnson's employment with Travis County, her disciplinary actions, her termination and subsequent
appeal.

r ~..• :.,..

191402-1 1
April Bacon, Chief Assistant County Auditor
314 W. 11th Street, Suite 200
Austin, Texas 78701
(512) 854-9125

April Bacon is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. April Bacon is also expected to have personal knowledge of Ms.
Johnson's employment with Travis County, her disciplinary actions, and ultimately her termination.

Jose Palacios, Chief Assistant County Auditor


314 W. n" Street, Suite 200
Austin, Texas 78701
(512) 854-9125

Jose Palacios is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. Jose Palacios is also expected to have personal knowledge of Ms.
Johnson's employment with Travis County, her disciplinary actions, and ultimately her termination.

Sean O'Neal, Financial Analyst V


314 W. 11thStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

Sean O'Neal is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. Sean O'Neal is also expected to have personal knowledge of his working
relationship with Ms. Johnson.

Diana Warner, First Assistant County Auditor


314 W. 11thStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

Diana Warner is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. Diana Warner is also expected to have personal knowledge of Ms.
Johnson's employment with Travis County, her disciplinary actions, and ultimately her termination.

Mike Crawford, Financial Analyst V


314 W. 11thStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

Mike Crawford is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. Mike Crawford is also expected to have personal knowledge of Ms.
Johnson's employment with Travis County, her disciplinary actions, and ultimately her termination.

191402-1 2
Blain Keith, Chief Assistant Auditor
314 W. 11thStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

Blain Keith is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. Blain Keith is also expected to have personal knowledge of his working
relationship with Ms. Johnson.

Tracy LeBlanc
314 W. 11thStreet, Suite 200
Austin, Texas 7870 1
(512) 854-9125

Tracy LeBlanc is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. Tracy LeBlanc is also expected to have personal knowledge of her
working relationship with Ms. Johnson.

Yolanda Jones
314 W. 11thStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

Yolanda Jones is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. Yolanda Jones is also expected to have personal knowledge of her
working relationship with Ms. Johnson.

Sandy Hendrix
314 W. 11thStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

Sandy Hendrix is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office. Sandy Hendrix is also expected to have personal knowledge of her
working relationship with Ms. Johnson.

Possible witnesses on the issue of attorney's fees:

Dominic Audino
Arboretum Plaza One
9442 N. Capital of Texas Highway, Suite 500
Austin, Texas 78759

191402-1 3
Anthony J. Nelson
Travis County Attorney's Office
314 W. 11thStreet, Suite 420
Austin, Texas 78701
(512) 854-9513

Leslie W. Dippel
Travis County Attorney's Office
314 W. 11thStreet, Suite 420
Austin, Texas 78701
(512) 854-9513

Defendants reserve the right to supplement these disclosures, call any witness or expert
witnesses identified by Plaintiff or any other party in any interrogatory responses, in responses to
Requests for Admission, in any documents produced in response to Requests for Production or
subpoena duces tecum, in any deposition testimony, or in any Designation of Potential Witnesses
filed with the Court.

, II. FED. R. CIV. P. 26(a)(1)(A)(li) A copy - or a Description by Category and Location -- of all
Documents, Electronically Stored Information, and Tangible Things in Defendants' Custody
or Control It May Use To Support Its Claims or Defenses Unless the Use Would Be Solely for
Impeachment.

1. Plaintiffs Personnel File


2. EEOC Notice of Charge of Discrimination
3. TWC Notice of Application for Unemployment Benefits
4. Employer's Response to TWC Notice of Application for
Unemployment Benefits
5. TWC Unemployment Benefits Decision
6. TWC Appeal Tribunal Decision
7. Policies and Procedures of Travis County and
Travis County Auditor's Office

Defendants reserve the right to supplement its list of potential exhibits. Defendants also
reserve the right to use any document or tangible thing identified by any party in any interrogatory
response, in responses to Requests for Admission, in any documents produced in response to
Requests for Production, in response to any subpoena duces tecum, in any deposition, or in any
designation of potential exhibits.

III. FED. R. CIV. P. 26(a)(1)(A)(ili) A computation of each category of damages claimed by the
disclosing party.

None.

191402-1 4
IV. FED. R. CIV. P. 26(a)(l)(A)(iv) For Inspection and Copying 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.

None. Defendants are self-insured.

Respectfully submitted,

DA VID ESCAMILLA
TRA VIS COUNTY ATTORNEY
P. O. Box 1748
Austin, TX 78767
(512) 854-9415
FAX: (512) 854-4808

By:
ANTHONY J. NELSON
Assistant Travis County Attorney
State Bar No. 14885800
LESLIE W. DIPPEL
Assistant Travis County Attorney
State Bar No. 00796472
Attorneys for Defendants Travis County
and Susan Spataro

191402-1 5
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Defendants Travis County and

Susan Spataro's Initial Disclosures Pursuant to Federal Rules of Civil Procedure 26(a)(1) was

served on this 2ih day of October, 2008 as follows:

VIA FACSIMILE (512) 252-2850 and


CMRR 70040750000202277401
Dominic Audino
Arboretum Plaza One
9442 N. Capital of Texas Hwy., Suite 500
Austin, Texas 78759
Attorney for Plaintiff

Anthony J. Nelson
Leslie W. Dippel
Assistant County Attorneys

191402-1 6
,
, '

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF TEXAS'
AUSTIN DIVISION

HEATHER JOHNSON, §
Plaintiff, §
§
V. § CIVIL ACTION NO. A:08-CA-643-SS
§
TRA VIS COUNTY AND SUSAN §
SPATARO IN HER INDIVIDUAL §
AND OFFICIAL CAPACITIES §
Defendants. §

PLAINTIFF HEATHER JOHNSON'S INITIAL DISCLOSURES PURSUANT TO FED.


R. Civ. P. 26(a)(1)
,
TO: Defendants, TRAVIS COUNTY and SUSAN SPATARO, by and through attorneys of
record, Anthony J. NelsoniLeslieW. Dipple, P.O. Box 1748, Austin, Texas 78767 .
.•.."
COMES NOW, Plaintiff Heather Johnson, and provides these Initial Disclosures pursuant

to Federal Rules of Civil Procedure 26(a)(1).

1. FED. R. Civ, P. 26(a)(1)(A)(i) Individuals Likely to Have Discoverable Information -,


Along with the' Subjects of that Information-s- that Plaintiff May Use to Support her Claims
or Defenses, Unless the Use Would Be Solely for Impeachment.
,#

Heather Johnson
601 Blessing Ranch
Road Liberty Hill, Texas
78642

Ms. Johnson has personal knowledge of the facts surrounding her employment with Travis
County, her Whistleblower claim, disciplinary actions taken against her, her termination and
subsequent appeal and claims of constitutional violations. /'

Susan Spataro, Travis County


Auditor 314 W. 11thStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

PLAINTIFF'S INITIAL DISCLOSURES - PAGE 1-


Susan Spataro is expected to have personal knowledge of the policies and procedures of the
Travis County Auditor's Office. Susan Spataro is also expected to have personal knowledge of
Ms. Johnson's employment with Travis County. Ms. Spataro is also expected to have personal
knowledge of Ms. Johnson's Whistleblower ·complaints, her disciplinary actions, and ultimately
her termination and subsequent appeal.

April Bacon, Chief Assistant County


Auditor 314 W. 11th Street, Suite 200
Austin, Texas 78701
(512) 854-9125

April Bacon is expected to have personal knowledge of the policies and procedures of the
Travis County Auditor's Office, personal knowledge of Ms. Johnson's employment with Travis
County, as well as personal knowledge of Ms. Johnson's Whistleblower complaints, her
disciplinary actions, and ultimately her termination.

Jose Palacios, Chief Assistant County


Auditor 314 W. 11th Street, Suite 200
Austin, Texas 78701
(512) 854-9125

Jose Palacios is expected to have personal knowledge of the policies and procedures of the
Travis County Auditor's Office, as well as personal knowledge of Ms. Johnson's employment
with Travis County, her disciplinary actions, and ultimately her termination, as well as personal
knowledge of Ms. Johnson's Whistleblower complaints, her disciplinary actions, and ultimately
her termination.

Sean O'Neal, Financial Analyst


V 314 W. 11th Street, Suite 200
Austin, Texas 78701
(512) 854-9125

Sean O'Neal is expected to have personal knowledge of the policies and procedures of the
Travis County Auditor's Office. Sean O'Neal is also expected to have personal knowledge of
his working relationship with Ms. Johnson and events allegedly leading up to Ms. Johnson's
termination, as well as personal knowledge of Ms. Johnson's Whistleblower complaints, her
disciplinary actions, and ultimately her termination.

Diana Warner, First Assistant County


Auditor 314 W. 11th Street, Suite 200
Austin, Texas 78701
(512) 854-9125

PLAINTIFF'S INITIAL DISCLOSURES -PAGE2-


Diana Warner is expected to have personal knowledge of the policies and procedures of the
Travis County Auditor's Office. Diana Warner is also expected to have personal knowledge of
Ms. Johnson's employment with Travis County, her disciplinary actions, and ultimately her
termination. In addition, Ms. Warner is expected to have personal knowledge of Ms. Johnson's
Whistleblower complaints, her disciplinary actions, and ultimately her termination.

Mike Crawford, Financial Analyst


V 314 W. u" Street, Suite 200
Austin, Texas 78701
(512) 854-9125

Mike Crawford is expected to have personal knowledge of the policies and procedures of the
Travis County Auditor's Office, Ms. Johnson's employment with Travis County, personal
knowledge of Ms. Johnson's Whistleblower complaints, her disciplinary actions, and ultimately
her termination.

Blain Keith, Chief Assistant Auditor


314 W. I11hStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

Blain Keith is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office, as well as personal knowledge of his working relationship with Ms.
Johnson.

Tracy LeBlanc
314 W. I11hStreet, Suite 200
Austin, Texas 78701
(512) 854-9125

Tracy LeBlanc is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office, as well as have personal knowledge of her working relationship with Ms.
Johnson.

Yolanda Jones
314 W. 11th Street, Suite 200
Austin, Texas 78701
(512) 854-9125

Yolanda Jones is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office and personal knowledge of her working relationship with Ms. Johnson.

PLAINTIFF'S INITIAL DISCLOSURES ·PAGE3-


Sandy Hendrix
314 W. 11th Street, Suite 200
Austin, Texas 78701
(512) 854-9125

Sandy Hendrix is expected to have personal knowledge of the policies and procedures of the Travis
County Auditor's Office and personal knowledge of her working relationship with Ms. Johnson.

Possible witnesses on the issue of attorney's fees:

Dominic Audino
Arboretum Plaza One
9442 N. Capital of Texas Highway, Suite 500
Austin, Texas 78759

Anthony J. Nelson
Travis County Attorney's Office
314 W. nthStreet, Suite 420
Austin, Texas 78701
(512) 854-9513

Leslie W. Dippel
Travis County Attorney's
Office 314 W. 11thStreet, Suite
420 Austin, Texas 78701
(512) 854-9513

Plaintiff reserves the right to supplement these disclosures, call any witness or expert
witnesses identified by Defendant or any other party in any interrogatory responses, in responses
to Requests for Admission, in any documents produced in response to Requests for Production or
subpoena duces tecum, in any deposition testimony, or in any Designation of Potential Witnesses
filed with the Court.

II. FED. R. Civ. P. 26(a)(1)(A)(ii) A copy - or a Description by Category and Location -- of


all Documents , Electronically Stored Information, and Tangible Things in Plaintiff's
Custody or Control She May Use To Support her Claims or Defenses Unless the Use Would
Be Solely for Impeachment.

1. Plaintiffs Personnel File


2. EEOC Notice of Charge of Discrimination
3. TWC Notice of Application for Unemployment Benefits
4. Employer's Response to TWC Notice of Application for Unemployment Benefits
5. TWC Unemployment Benefits Decision

PLAINTIFF'S INITIAL DISCLOSURES - PAGE 4-


6. TWC Appeal Tribunal Decision
7. Policies and Procedures of Travis County and Travis County Auditor's Office
8. E-mai1s and correspondence among employees ofthe Travis County Auditor's
Office, Plaintiff and Plaintiffs counsel

Plaintiff reserves the right to supplement its list of potential exhibits. Plaintiff also
reserves the right to use any document or tangible thing identified by any party in any
interrogatory response, in responses to Requests for Admission, in any documents produced in
response to Requests for Production, in response to any subpoena duces tecum, in any deposition,
or in any designation of potential exhibits.

III. FED. R. P. 26(a)(1)(A)(iii) A computation of each category of damages claimed by


the disclosing party.
Plaintiff s damages are currently calculated at:

Lost wages based on leaving salary X number of months unemployed since her separation

Attorney's Fees and Court Costs

Loss of past and future employment benefits

Damages for emotional distress, humiliation, embarrassment,

Damages for loss of opportunities for career advancement, and damage to reputation; and

Exemplary damages

Plaintiff will supplement as discovery and damages is ongoing

IV. FED. R. Civ. P. 26(a)(1)(A)(iv) For Inspection and Copying 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.

None. Defendants are self-insured.

PLAINTIFF'S INITIAL DISCLOSURES -PAGES-


Respectfully submitted,

THE LAW OFFICES OF DOMINIC AUDINO

Q-c
DOMINIC AUDINO
SBN 24025861
One Arboretum Plaza
9442 N. Capital of Texas Hwy., Ste. 500
Austin, Texas 78759
(512) 251-5004 Voice
(512) 252-2850 Facsimile
ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Plaintiffs Initial Disclosures

Pursuant to Federal Rules of Civil Procedure 26(a)(1) was served on this 3rd day of November,

2008 as indicated below.

DOMINIC AUDINO

Via Facsimile (512) 854-4808


Travis County Attorney's Office
Attn: Anthony J. Nelson/Leslie W. Dipple
P.O. Box 1748
Austin, TX 78767

PLAINTIFF'S INITIAL DISCLOSURES - PAGE 6-


HP OfficeJet 0 Series 085 Fax-History Report for
Personal Printer/Fax/CopierlScanner Dominic Audino
5122522850
Nov 03 2008 1:22pm

Last Fax

Identification Duration ~ lkslili


Nov 3 1:2Opm Sent 8544808 2:24 7 OK

Result:
OK - black and white fax
Okay color - color fax
The Law Offices of Dominic Audino
ARBORETUM PLAZA ONE
9442 N. CAPITAL OF TEXAS Hwv, SUITE 500
AUSTIN, TEXAS 78759
Voice 512-251-5004 Facsimile 512-252-2850

FACSIMILE TRANSMISSION

We are sending you 't-Ietter size pages (including this cover page). Should you have any
problems with the reception of the following pages, please call (512) 251-5004.

To: Anthony J. Nelson/Leslie W. Dipple

Company: Travis County Attorney's Office

Fax No: (512) 854-4808

From: Dominic Audino

Re: Former Travis County Auditor's Office Employee Heather Johnson

Date November 3, 2008

1. Enclosed please find the following document(s):

__ For Filing ~or your records

2. Enclosed please find a check in the amount of $-----

3. __ Please prepare citation and __ Return this to my office in the SASE provided

Forward to:
------------

4. We are notifying opposing counsel by copy of this letter.

5. Please file stamp the attached copy/document and return it in the SASE provided.

6. Please present for Judge 's Signature.

7. Other:
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DNISION

HEATHER JOHNSON, §
'Plaintiff, §
§
v. § CIVIL ACTION NO. A:08-CA-643-SS
§
TRAVIS COUNTY AND SUSAN §
SPATARO IN HER INDIVIDUAL §
AND OFFICIAL CAPACITIES §
Defendants. §

DOMINIC AUDINO'S MEMORANDUM IN


SUPPORT OF MOTION TO WITHDRA W AS ATTORNEY IN CHARGE

Dominic Audino asks this Court to allow him to withdraw as attorney in charge for
Plaintiff Heather Johnson.

A. Introduction

1. Plaintiff is Plaintiff Heather Johnson; defendants are Travis County and Susan

Spataro in her individual and official capacities.

2. Plaintiff sued defendant for Whistleblower retaliation under Texas Government

Code §554.001 and for violations of Plaintiffs constitutional rights under the First and

Fourteenth Amendments to the U.S. Constitution under 42 U.S.c. §1983.

B. Argument

3. There is good cause for this Court to grant the motion to withdraw because

Attorney has terminated the attorney-client agreement for representation.

4. No substitute attorney has been selected by Plaintiff at this time.

5. Dominic Audino has delivered a copy of this motion to Heather Johnson and has

notified her in writing of her right to object to the motion. Plaintiff agrees with this

motion as evidenced by her signature on the Proposed order.


6. Discovery is currently open and is set to close on July 31, 2009. No discovery

requests are currently outstanding.

C. Conclusion

7. Attorney Dominic Audino has terminated the Attorney-Client representation

agreement and asks this court to grant his motion to withdraw as attorney in charge for

Plaintiff Heather Johnson.

Respectfully submitted,

THE LAW OFFICES OF DOMINIC AUDINO

DOMINIC AUDINO - SBN 24025861


One Arboretum Plaza
9442 N. Capital of Texas Hwy., Suite 500
Austin, Texas 78759
(512) 251-5004 Voice
(512) 252-2850 Facsimile

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was served
on the Defendants' counsel Anthony J. Nelson/Leslie W. Dipple via facsimile at (512)
854-4808 before 5:00 pm, in accordance with the Federal Rules of Civil Procedure on the
___ day of December, 2008.

DOMINIC AUDINO
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

HEATHER JOHNSON, §
Plaintiff, §
§
V. § CIVIL ACTION NO. A:08-CA-643-SS
§
TRAVIS COUNTY AND SUSAN §
SPATARO IN HER INDIVIDUAL §
AND OFFICIAL CAPACITIES §
Defendants. §
AGREED ORDER ON MOTION TO WITHDRAW

After considering Dominic Audino's motion to withdraw as attorney in charge for


Plaintiff Heather Johnson, the Court:

FINDS good cause to allow Dominic Audino to withdraw as attorney in charge for
Plaintiff Heather Johnson and GRANTS Dominic Audino's motion to withdraw.

SIGNED on ,,2008.

U.S. DISTRICT JUDGE


APPROVED & ENTRY REQUESTED:

DOMINIC AUDINO

APPROVED AS TO FORM

HEATHER JOHNSON- PLAINTIFF

ANTHONY J. NELSON - ATTORNEY FOR DEFENDANTS


,;'

TN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF TEXAS
, ~< AUSTIN DIVISION

HEATHER JOHNSON, §
Plaintiff, §
§
v. § CIVIL ACTION NO. A:08-CA-643-SS .
§
TRAVIS COUNTY AND SUSAN §
SPATARO IN HER INDIVIDUAL §
AND OFFICIAL CAPACITIES §
Defendants. §

DOMINIC AUDINO'S FIRST AMENDED


MOTION TO WITHDRAW AS ATTORNEY IN CHARGE

Dominic Audino asks this Court to allow him to withdraw as attorney in charge for
Plaintiff Heather Johnson.

A. Introduction

1. Plaintiff is Plaintiff Heather Johnson; defendants are Travis County and Susan

Spataro in her individual and official capacities.

2. Plaintiff sued defendant for Whistleblower retaliation under Texas Government.

Code §554.001 and for violations of Plaintiffs constitutional rights under .the First and

Fourteenth Amendments to the U.S. Constitution under 42 U.S.C. §1983 .' ~


/
B. Argument

3. There is good cause for this Court to grant the motion to withdraw because

Attorney has terminated the attorney-client agreement for representation.

4. No substitute attorney has been selected by Plaintiff at this time.

5. Dominic Audino has delivered a copy of this motion to Heather Johnson and has

notified her in writing of her right to object to the motion. Plaintiff agrees with this

motion as evidenced by her signature on the Proposed order.


6. Discovery is currently open and is set to close on July 31, 2009. No discovery

requests are currently outstanding.

7. Plaintiff's current mailing address and telephone number are as follows:

Heather Johnson
601 Blessing Ranch Road
Liberty Hill, TX 78642
(512)497-2114
C. Conclusion

8. Attorney Dominic Audino has terminated the Attorney-Client representation

agreement and asks this court to grant his motion to withdraw as attorney in charge for

Plaintiff Heather Johnson.

Respectfully submitted,

W tOP DOMINIC
AUDINO

DOMINIC AUDINO - SBN 24025861


One Arboretum Plaza
9442 N. Capital of Texas Hwy., Suite 500
Austin, Texas 78759
(512) 251-5004 Voice
(512) 252-2850 Facsimile

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was served
on the Defendants' counsel Anthony J. NelsonlLeslie W. Dipple via facsimile at (512)
854-4808 before 5:00 pm, in accordance with the Federal Rules of Civil Procedure on the
19th day of January, 2009.

Qc
DOMINIC AUDINO
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

HEATHER JOHNSON, §
Plaintiff, §
§
v. § CIVIL ACTION NO. A:08-CA-643-SS
§
TRAVIS COUNTY AND SUSAN §
SPATARO IN HER INDIVIDUAL §
AND OFFICIAL CAPACITIES §
Defendants. §

AGREED ORDER ON MOTION TO WITHDRAW

After considering Dominic Audino's motion to withdraw as attorney in charge for


Plaintiff Heather Johnson, the Court:

FINDS good cause to allow Dominic Audino to withdraw as attorney in charge for
Plaintiff Heather Johnson and GRANTS Dominic Audino's motion to withdraw.

The Court further orders that until such time as Heather Johnson retains counsel, she shall
be contacted at the following:

Heather Johnson
601 Blessing Ranch Road
Liberty Hill, TX 78642
(512)497-2114

SIGNED on ------ , 2009.

U.S. DISTRICT JUDGE


~~JAN-23-2009 16:11 TRAVIS COUNTY ATTOHN~Y 1
.
• VV£I

Picture 143.jpg(JPEGlmage, 1664x2168pixets) fild//C: IDocumenrs%20and"Al20Setrings/UserlIKsktoplPicmre%20 14...

APPROVED & ENTRY REQUESTED:

DOMINIC AUDINO

APPROVED A.STO FORM

lor 1 I12012()09 9; I!) PM

TOTAL P.002
The Law Offices of Dominic Audino
ARBORETUM PLAZA ONE
9442 N. CAPITAL OF TEXAS HWY, SUITE 500
AUSTIN, TEXAS 78759
Voice 512-251-5004 Facsimile 512-252-2850

FACSIMILE TRANSMISSION
We are sending you ----
.s letter size pages (including this cover page). Should you have any
problems with the reception of the following pages, please call (512) 251-5004.

To: Anthony J. Nelson/Leslie W. Dipple

Company: Travis County Attorney's Office

Fax No: (512) 854-4808

From: Dominic Audino

Re: Heather Johnson v. Travis County Auditor's Office


'1J--
Date January ~ 2009

1. X Enclosed please find the following document(s):


<,
__ For Filing »or your records

2. Enclosed please find a check in the amount of $-----

3. __ Please prepare citation and __ Return this to my office in the SASE provided

Forward to:
--------------

4. We are notifying opposing counsel by copy of this letter.

5. Please file stamp the attached copy/document and return it in the SASE provided.

6. Please present for Judge 's Signature.

7. X Other
HP OfficeJet G Series G85 Fax-History Report for
Personal Printer/FaxiCopierlScanner Dominic Audino
5122522850
Jan 23 2009 6:58pm
Last Fax

~ Time Identification Duration Pages Iks.Yl1

Jan 23 6:57pm Sent 8544808 1:31 5 OK

Result:
OK - black and white fax
Okay color - color fax
,
Picture 143.jpg(JPEG Image, 1664x2168 pixels) file:11IC:/Documents%20and%20Settings/User/Desktop/Picture%20 14...

APPROVED & ENTRY REQUESTED:

QL
DOMINIC AUDINO

APPROVED AS TO FORM

ANTHONY J. NELSON
ATTORNEYFORDEFE~~ANTS

1 of 1
1120/20099: 19 PM
JAN-23-2009 16:11 TRAVIS COUNTY ATTORNEY

I
I

DAVID A. ESCAMILLA LITIGATION DIVISION


COUNTY ATTORNEV SHERtNE E. THOMASf
DIRECTOR
RANOY T. LI!AVITT
FtRST ASSISTANT eLAINE A. CASAS
JAMES W. COLLINS FELIX TARANGO
EXECUTIVE ASSISTANT
ANTHONY J. NELSON
314 W. 1"", STItEET
GRANGER BLDG., SUIte 420 LESLIE W. DI,"pEI.
AUSTIN, T"XAS 71701
JENNIFER KRABER
P. O. BOX 1741
AUSTIN, TEXAS 71757 STEPHEN If. CAPELLE
(5,2) 854·Un ,Mr. •• 0' ,."
PAX; 1$12) He ••• o. Of
t:_
'"t ."T~ COLLeCU
DAn

FACSIMILE COVER SHEET

TO: Dominic Audino, Attorney at Law

FROM: Anthony J. Nelson, Assistant County Attorney

DATE: January 23, 2009

RE: Heather Johnson v. Travis County Auditor's o.Qice

FACSlMILE NO: (512) 252-2850

RESPONsmLE PARTY: Marti Cardenas, Paralegal to Anthony J. Nelson


(512) 854-4155

PAGES: 5 pages (including cover)

Mr. Audino:

Attached is the signed "Approved & Entry Requested" page to your First Amended
Motion to Withdraw as Attorney in Charge. Please feel free to call with any questions or
concerns.

In the event you have problems receiving this transmission, please call the responsible
pnrty listed above.

This message is intended only for the use of the individual or entity to which it is addressed and
may contain information that is privileged. confidential, and exempt from disclosure under
applicable law, If the reader of this message is not the intended recipient or the employee or
agent responsible for delivering the message to the intended recipient, you are hereby notified
that any dissemination, distribution,or copying of this communication is strictly prohibited. If
you have received this communication in error, please notify us immediately by telephone
(collect), and return the original message to us at the above address via the U.S. Postal Service.
Thank You.

145.91
Case 1:08-cv-00643-SS Document 14 Filed 02/10/2009 Page 1 of 2

FIt f 0
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS 2009 FES IDA Mil: 28
AUSTIN DIVISION

HEATHERJOHNSON,
Plaintiff,

-vs- Case No. A~08-CA-643·SS

TRAVIS COUNTY and SUSAN SPATARO, in her


individual and official capacities,
Defendants.

ORDER

~.

BE IT REMEMBERED on the ~ day of February 2009 the Court reviewed the file in

the above-styled cause, and specifically "Dominic Audino's First Amended Motion to Withdrawas

Attorney in Charge" [#13] filed January 26,2009, and thereafter, enters the following:

·11 IS ORDERED that the Motion to Withdraw filed by Dominic Audino is

GRANTED.

IT IS FURTHER ORDERED that Dominic Audino shall .immediately forward a

complete copy of the file of this lawsuit, including all pleadings and investigation, to Heather

Johnson.

IT IS ORDERED that the Clerk shall indicate that Heather Johnson is proceeding pro

se in this lawsuit with the address of 60 1 Blessing Ranch Road, Liberty Hill, Texas 78642,

telephone number 512/497-2114, and all pleadings should be directed to Ms. Johnson until
./

and unless counsel enters an appearance representing Ms. Johnson.


/'

/
/
Case 1:08-cv-00643-SS Document 14 Filed 02/10/2009 Page 2 of 2

-
IT IS FINALLY ORDERED that the Clerk send-a copy of this order to Ms. Johnson

as well a#r.r. Audino and counsel for the defendants and that Heather Johnson must comply,

.:with this Court's scheduling order issued on November 6,2008.


~
SIGNED this the ~day of February 2009. '{

'. "
j - ,"

.~
. '~.
" .
UNlTEDi~CT JUDGE

'~ ".: ."

,,
,
;,

i
I
Ii ,

-2-

. :.,

.. '- ..