Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124
0G442 - EQ
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
CIVIL DIVISION
THE STATE OF OHIO, by and through
THE OHIO DEPARTMENT OF
ADMINISTRATIVE SERVICES Case No. 2023 CV 003124
Plaintiff Judge Julie Lynch
VS.
INITIAL DISCLOSURES OF DEPT.
FUJITEC AMERICA, INC, OF ADMIN. SERVS.
Defendant
Plaintiff, the Ohio Department of Administrative Services, makes the following initial
disclosures pursuant to Civ.R. 26(B)(3)
INTRODUCTORY STATEMENT
ODAS makes the following disclosures on the basis of the information reasonably
available to it at this time. However, ODAS does not waive its right to object to the production of
any document or tangible thing on the basis of any privilege, work product, doctrine, relevancy,
undue burden or any other valid ground.
Ohio Civ.R. 26(B)(3)(a)(i): ODAS has not yet decided which witnesses it may call to
testify at trial, and may not have identified all witnesses who may have information about this
litigation. However, the following witnesses may have discoverable information. By identifying
these witnesses, ODAS does not represent that it has control over producing them to testify; nor
does ODAS make any representation about the content, scope or relevancy of their knowledge
e Melissa Anderson, State Procurement Analyst, Office of Procurement Services,
General Services Division. Contact through undersigned counsel Anderson has
information related to elevator and lift outages.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124
0G442 - EQ
Ashley Burdette, Program Administrator, Office of Properties and Facilities. Contact
through undersigned counsel. Burdette has information related to elevator and lift
outages.
Shelby Banton, Administrative Officer, Office of Properties and Facilities. Contact
through undersigned counsel Banton has information related to elevator and lift
outages.
Keith Ciotti, Metro Group Facilities Manager, Office of Properties & Facilities,
General Services Division Contact through undersigned counsel. Ciotti has
information related to elevator and lift outages
Ryan Dalton, Capital Projects Manager, Ohio Department of Administrative Services.
Contact through undersigned counsel. Dalton has information related to elevator and
lift outages.
Randall Dublikar, State Procurement Manager, Office of Procurement Services.
Contact through undersigned counsel. Dublikar has information related to elevator and
lift outages.
Todd Gable, Procurement Manager, Office of Procurement Services, General Services
Division. Contact through undersigned counsel. Gable has information related to
elevator and service outages, damages.
Ryan Garber, Assistant Director, Ohio Dept. of Admin. Serves. Contact through
undersigned counsel Garber has information related to elevator and lift outages,
damages.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124
0G442 - EQ
Peter Gunnell, State Chief Facilities Officer, Office of Properties & Facilities, General
Services Division. Contact through undersigned counsel. Gunnell has information
related to elevator and lift outages, damages.
Brian Hammen, Senior Facilities Manager, Vern Riffe Center for Government & the
Arts, Office of Properties and Facilities, General Services Division. Contact through
undersigned counsel. Hammen has information related to elevator and lift outages,
damages.
Sandy Herrel. Contact through undersigned counsel. Herrel has information related to
elevator and lift outages.
John Levitt. Contact through undersigned counsel. Levitt has information related to
elevator and lift outages.
Jodie Machado, State Purchasing Specialist, Office of Procurement Services, General
Services Division. Contact through undersigned counsel Machado has information
related to elevator and lift outages.
Kathleen Madden, Director, Ohio Dept. of Admin. Serves. Contact through
undersigned counsel Madden has information related to elevator and lift outages,
damages.
Angela S. McIntosh, Facility Manager, 25 South Front Street, Office of Properties and
Facilities. Contact through undersigned counsel. McIntosh has information on elevator
and lift outages.
Tom Nelson, State Procurement Analyst, Office of Procurement Services, General
Services Division Contact through undersigned counsel. Nelson has information
related to the renewal nature of the contract between the parties, damages.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124
0G442 - EQ
Noel Rozelle, Facility Manager, James A. Rhodes State Office Tower, Office of
Properties and Facilities, General Services Division. Contact through undersigned
counsel. Rozelle has information related to elevator and lift outages.
Kelly Sanders, Former Chief of Procurement, Office of Procurement Services. Contact
through undersigned counsel Sanders has information related to elevator and lift
outages.
Dianne Tredway, DAS Facilities Manager, General Services Division, Office of
Properties and Facilities. Contact through undersigned counsel. Tredway has
information related to elevator and lift outages
Matt Whatley, Administrative Staff, Office of the Treasurer. Contact through
undersigned counsel. Whatley has information related to elevator and lift outages.
Brett Kravitz, Principal Assistant Attorney General, Environmental Enforcement, Ohio
Attorney General’s Office. Contact through undersigned counsel Kravitz has
information related to elevator and lift outages.
penne nee,
Steve Collins, Fujitec. Collins has information related to elevator and lift outages.
Bret Fielding, Fujitec Field Superintendent. Fielding has information related to
elevator and lift outages.
Dennis Gallogly, Fujitec Ohio Branch Manager. Gallogly has information related to
elevator and lift outages.
Reece Hannah, Fujitec. Hannah has information related to elevator and lift outages.
Joe Rennekamp, Fujitec. Rennekamp has information related to elevator and lift
outages.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124
0G442 - Fl
e Brent Richards, Fujitec Business Development Representative Richards has
information related to elevator and lift outages.
e David Wade, Fujitec. Wade has information related to elevator and lift outages.
Ohio Civ.R. 26(B)(3)(a)(ii): Based upon reasonably available information, ODAS
believes that the following documents and tangible things may be relevant to the claims in this
litigation:
e Contract between the parties.
Amendments to contract between the parties.
Emails, letters, and other communication between the parties reporting outages and
seeking updates.
Invoices and rejection correspondence between the parties related to billing.
Complaints to vendors submissions related to Fujitec
Dept. of Commerce Elevator Violation Notice(s).
Ohio Civ.R. 26(B)(3)(a)(iii): Damages were outlined in the Complaint. Further,
documents and other evidentiary materials upon which the computations are available for
inspection and copying.
Ohio Civ.R. 26(B)(3)(a)(iv): No insurance agreements are applicable to ODAS
Dated: June 27, 2023 Respectfully submitted,
DAVE YOST (0056290)
Ohio Attorney General
/s/ L. Martin Cordero
HILARY R. DAMASER (0059190)
Assistant Attorney General
Executive Agencies Section
30 East Broad Street, 26th Floor
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124
0G442 - F2
Columbus, OH 43215
614-466-2890
Hilary Damase: aC AGO Boy
and
JAMES E. ROOK (0061671)
L. MARTIN CORDERO (0065509)
Assistant Attorneys General
Court of Claims Defense Section
30 East Broad Street, 16" Floor
Columbus, OH 43215
614-466-7447
James Roo! iOAGO goy
614-466-5931
Martin Cordero @OhioAGO gov
Counsel for Plaintiff, Ohio Department of
Administrative Services
CERTIFICATE OF SERVICE
Thereby certify that a true copy of the foregoing was submitted to the Clerk’s electronic
filing system for distribution to all parties registered as users with that system and served by
electronic mail this 27" day of June, 2023, to:
Anthony L. Osterlund (0071086) Henrique A. Geigel (0091270)
Jordan T. Steiner (0093760) Vorys, Sater, Seymour and Pease, LLP
Vorys, Sater, Seymour and Pease, LLP 52 East Gay Street, P.O. Box 1008
301 East Fourth Street Columbus, Ohio 43216-1008
Great American Tower, Suite 3500 (614) 464-6202
Cincinnati, Ohio 45202 (513) 723-4678 hageigel @vorys.com
ve Attorneys for Defendant Fujitec America, Inc.
L. Martin Cordero
L. MARTIN CORDERO (0065509)
Assistant Attorney General
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Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124 0G442 - EQ IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO CIVIL DIVISION THE STATE OF OHIO, by and through THE OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES Case No. 2023 CV 003124 Plaintiff Judge Julie Lynch VS. INITIAL DISCLOSURES OF DEPT. FUJITEC AMERICA, INC, OF ADMIN. SERVS. Defendant Plaintiff, the Ohio Department of Administrative Services, makes the following initial disclosures pursuant to Civ.R. 26(B)(3) INTRODUCTORY STATEMENT ODAS makes the following disclosures on the basis of the information reasonably available to it at this time. However, ODAS does not waive its right to object to the production of any document or tangible thing on the basis of any privilege, work product, doctrine, relevancy, undue burden or any other valid ground. Ohio Civ.R. 26(B)(3)(a)(i): ODAS has not yet decided which witnesses it may call to testify at trial, and may not have identified all witnesses who may have information about this litigation. However, the following witnesses may have discoverable information. By identifying these witnesses, ODAS does not represent that it has control over producing them to testify; nor does ODAS make any representation about the content, scope or relevancy of their knowledge e Melissa Anderson, State Procurement Analyst, Office of Procurement Services, General Services Division. Contact through undersigned counsel Anderson has information related to elevator and lift outages. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124 0G442 - EQ Ashley Burdette, Program Administrator, Office of Properties and Facilities. Contact through undersigned counsel. Burdette has information related to elevator and lift outages. Shelby Banton, Administrative Officer, Office of Properties and Facilities. Contact through undersigned counsel Banton has information related to elevator and lift outages. Keith Ciotti, Metro Group Facilities Manager, Office of Properties & Facilities, General Services Division Contact through undersigned counsel. Ciotti has information related to elevator and lift outages Ryan Dalton, Capital Projects Manager, Ohio Department of Administrative Services. Contact through undersigned counsel. Dalton has information related to elevator and lift outages. Randall Dublikar, State Procurement Manager, Office of Procurement Services. Contact through undersigned counsel. Dublikar has information related to elevator and lift outages. Todd Gable, Procurement Manager, Office of Procurement Services, General Services Division. Contact through undersigned counsel. Gable has information related to elevator and service outages, damages. Ryan Garber, Assistant Director, Ohio Dept. of Admin. Serves. Contact through undersigned counsel Garber has information related to elevator and lift outages, damages. Page 2 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124 0G442 - EQ Peter Gunnell, State Chief Facilities Officer, Office of Properties & Facilities, General Services Division. Contact through undersigned counsel. Gunnell has information related to elevator and lift outages, damages. Brian Hammen, Senior Facilities Manager, Vern Riffe Center for Government & the Arts, Office of Properties and Facilities, General Services Division. Contact through undersigned counsel. Hammen has information related to elevator and lift outages, damages. Sandy Herrel. Contact through undersigned counsel. Herrel has information related to elevator and lift outages. John Levitt. Contact through undersigned counsel. Levitt has information related to elevator and lift outages. Jodie Machado, State Purchasing Specialist, Office of Procurement Services, General Services Division. Contact through undersigned counsel Machado has information related to elevator and lift outages. Kathleen Madden, Director, Ohio Dept. of Admin. Serves. Contact through undersigned counsel Madden has information related to elevator and lift outages, damages. Angela S. McIntosh, Facility Manager, 25 South Front Street, Office of Properties and Facilities. Contact through undersigned counsel. McIntosh has information on elevator and lift outages. Tom Nelson, State Procurement Analyst, Office of Procurement Services, General Services Division Contact through undersigned counsel. Nelson has information related to the renewal nature of the contract between the parties, damages. Page 3 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124 0G442 - EQ Noel Rozelle, Facility Manager, James A. Rhodes State Office Tower, Office of Properties and Facilities, General Services Division. Contact through undersigned counsel. Rozelle has information related to elevator and lift outages. Kelly Sanders, Former Chief of Procurement, Office of Procurement Services. Contact through undersigned counsel Sanders has information related to elevator and lift outages. Dianne Tredway, DAS Facilities Manager, General Services Division, Office of Properties and Facilities. Contact through undersigned counsel. Tredway has information related to elevator and lift outages Matt Whatley, Administrative Staff, Office of the Treasurer. Contact through undersigned counsel. Whatley has information related to elevator and lift outages. Brett Kravitz, Principal Assistant Attorney General, Environmental Enforcement, Ohio Attorney General’s Office. Contact through undersigned counsel Kravitz has information related to elevator and lift outages. penne nee, Steve Collins, Fujitec. Collins has information related to elevator and lift outages. Bret Fielding, Fujitec Field Superintendent. Fielding has information related to elevator and lift outages. Dennis Gallogly, Fujitec Ohio Branch Manager. Gallogly has information related to elevator and lift outages. Reece Hannah, Fujitec. Hannah has information related to elevator and lift outages. Joe Rennekamp, Fujitec. Rennekamp has information related to elevator and lift outages. Page 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124 0G442 - Fl e Brent Richards, Fujitec Business Development Representative Richards has information related to elevator and lift outages. e David Wade, Fujitec. Wade has information related to elevator and lift outages. Ohio Civ.R. 26(B)(3)(a)(ii): Based upon reasonably available information, ODAS believes that the following documents and tangible things may be relevant to the claims in this litigation: e Contract between the parties. Amendments to contract between the parties. Emails, letters, and other communication between the parties reporting outages and seeking updates. Invoices and rejection correspondence between the parties related to billing. Complaints to vendors submissions related to Fujitec Dept. of Commerce Elevator Violation Notice(s). Ohio Civ.R. 26(B)(3)(a)(iii): Damages were outlined in the Complaint. Further, documents and other evidentiary materials upon which the computations are available for inspection and copying. Ohio Civ.R. 26(B)(3)(a)(iv): No insurance agreements are applicable to ODAS Dated: June 27, 2023 Respectfully submitted, DAVE YOST (0056290) Ohio Attorney General /s/ L. Martin Cordero HILARY R. DAMASER (0059190) Assistant Attorney General Executive Agencies Section 30 East Broad Street, 26th Floor Page 5 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 27 12:31 PM-23CV003124 0G442 - F2 Columbus, OH 43215 614-466-2890 Hilary Damase: aC AGO Boy and JAMES E. ROOK (0061671) L. MARTIN CORDERO (0065509) Assistant Attorneys General Court of Claims Defense Section 30 East Broad Street, 16" Floor Columbus, OH 43215 614-466-7447 James Roo! iOAGO goy 614-466-5931 Martin Cordero @OhioAGO gov Counsel for Plaintiff, Ohio Department of Administrative Services CERTIFICATE OF SERVICE Thereby certify that a true copy of the foregoing was submitted to the Clerk’s electronic filing system for distribution to all parties registered as users with that system and served by electronic mail this 27" day of June, 2023, to: Anthony L. Osterlund (0071086) Henrique A. Geigel (0091270) Jordan T. Steiner (0093760) Vorys, Sater, Seymour and Pease, LLP Vorys, Sater, Seymour and Pease, LLP 52 East Gay Street, P.O. Box 1008 301 East Fourth Street Columbus, Ohio 43216-1008 Great American Tower, Suite 3500 (614) 464-6202 Cincinnati, Ohio 45202 (513) 723-4678 hageigel @vorys.com ve Attorneys for Defendant Fujitec America, Inc. L. Martin Cordero L. MARTIN CORDERO (0065509) Assistant Attorney General Page 6