UNITED STATES DISTRICT COURT
for the
NORTHERN DISTRICT OF ILLINOIS
RYAN CHRISTIANSON, Plaintiff
v.
BICYCLE MESSENGERS, INC. and
YAMAHONDA, INC.
Defendants
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) PROPOSED JOINT DISCOVERY PLAN
) [Rule 26 (f)]
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Lead Counsels: Markham, Bates, Johnston, Gehrs, Moore
All Participants: Dervishi, Alarcon, Fleetwood, Vieira, Roberts, Pigozzi, Majchrowicz
4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Discovery Plan. The parties together propose the following discovery plan.
Discovery will be needed on the following subjects:
Ryan Christianson’s Representation’s Requests:
1. Want to depose the CEO again; we want to depose all office staff.
2. Depose all dispatchers, specifically the one he spoke to when he came into the office.
3. Docs: handbook, company handbook, call logs with any staff and any recorded calls and logs with any employee and Christianson, any communications from the client to the company about Ryan Christianson including any reviews on a third party site such as yelp.
4. Any intra staff communications about Christianson, his position, or relating to this matter (accident, leg, anything else) in the time period from when he was injured to the date Bicycle Messengers retained counsel.
5. General copies of all insurance policies for any and every employees and the employer.
6. Correspondence and communication between any employee or employer with the insurance company regarding Christianson.
7. Any design sematics for this, crash test results, emails relating to or including any mention of a leg protection device.
8. Information/complaints/lawsuit that you are a party to.
9. Existence of any alternative design, memoranda.
10. Documents relating to financial considerations with respect to leg protection devices or any other safety measure about penumbra sport.
11. Depose the engineers or anyone with a hand in design.
12. Depose the CEO, CFO and any individuals involved in collecting or analyzing the testing data. Any third party who performed the testing.
13. Experts – the surgeon, his physical therapist, the cop at the scene of the accident, the man or company who is responsible for designing prosthetic, somebody who was involved with the national institute of highway safety.
14. If they prevail on a rule 35 physical examination, they want their own experts to provide an examination.
15. Meeting minutes internal between dispatchers and messengers.
16. Any internal documents or processes regarding ADA or FMLA handling.
Bicycle Messengers’ Request:
1. List of each person whose testimony you will rely on
2. List of witnesses to your injury
3. List of experts you will rely on to support your claim
4. All medical records pertaining to the accident on April 10, 2013 including all follow-up appointments and care.
5. Any medical discharge paperwork, together with aftercare instructions given to you during your treatment following the accident.
6. Any documented special instructions or warnings given to you from medical professionals regarding the usage, and possible limitations, resulting from the injuries you suffered on April 10, 2013.
7. Any documented record of any attempted communications you made with Bicycle Messengers and any employee thereof following the date of your accident on April 10, 2013.
8. Any termination papers you received from Bicycle Messenger.
9. All documents to and from the EEOC pertaining to this injury and the subsequent claim.
10. Accident report pertaining to the April 10, 2013 accident.
Yamahonda, Inc.
1. From Bicycle Messengers
2. Salary schedule for Christianson and replacement bike messenger
3. Salary schedule for an in-office administrator
4. Attendance records
5. Benefits packages
6. Compensation packages
7. Communications between Christianson and his supervisors
From Christianson
8. Medical records night of accident to the present
9. Depose surgeon who did amputation
10. Depose physical therapist
11. PT records night of accident to present
12. Depose Christianson
13. Rule 35 examination: ride a bicycle for 20 minutes with an expert in biomechanics efficiency
3C Open Issues:
1. Christianson’s representation objects in whole or in part to the rule 35 physical tests and will file a separate objection.
2. Judge will set 3C open issue conference.
Schedule: We will exchange all documents and information via the appropriate electronic medium produced in the manner they were kept (rule . December 12th, 2015 marks the end of the discovery period.