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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS


WESTERN DIVISION
DR. EVAN S. DOBELLE CIVIL ACTION NO. 3:13-cv-30177
(KPN)
Plaintiff,
V.
JOHN (JACK) FLYNN III, Individually,
KEVIN R. QUEENIN, Individually,
RICHARD M. FREELAND, Individually,
RUBIN & RUDMAN LLP,
JAMES B. COX,
ELIZABETH D. SCHEIBEL, Individually,
and
OCONNOR & DREW, P.C.
Defendants.
June 4, 2014
PLAINTIFF DR. EVAN DOBELLES RULE 26(a) INITIAL DISCLOSURES
Pursuant to Federal Rule of Civil Procedure 26(a)(l), Plaintiff Dr. Evan Dobelle
hereby provides his initial disclosures in the above-captioned matter. Dr. Dobelle provides
these Initial Disclosures based on information reasonably available to him at this time, and
will amend and/or supplement these Initial Disclosures as required by Fed. R. Civ. P.
26(e). These Initial Disclosures shall not constitute an admission that the information
provided herein is, or the documents described herein are, relevant or admissible in this
case. Nor shall these Initial Disclosures be construed as waiving any privileges or
objections that Dr. Dobelle may have to the information provided or the documents
described herein.
A. Individuals Likely to Have Discoverable Information
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Plaintiff
1. Dr. Evan Dobelle, former President of Westfield State University, 1 Crofut St.,
Pittsfield, MA 01201, has information regarding the claims and defenses asserted in this
action, including his tenure as WSU president, the investigations into his expenditures in
that role, and the circumstances surrounding his constructive discharge.
wsU
2. James B. Cox, counsel to WSU, 50 Rowes Wharf, Boston, MA 02110, has
information regarding the claims and defenses asserted in this action, including the
investigations into Dr. Dobelles expenditures as President of WSU and the circumstances
surrounding Dr. Dobelles constructive discharge.
3. David A. Dilulis, accountant for WSU, 25 Braintree Hill Office Park, Suite 102,
Braintree, MA 02184, has information regarding the claims and defenses asserted in this
action, including the investigations into Dr. Dobelles expenditures as President of WSU
and the circumstances surrounding Dr. Dobelle s constructive discharge.
4. John Jack Flynn III, Chairman of the WSU Board of Trustees, has information
regarding the claims and defenses asserted in this action, including the investigations into
Dr. Dobelles expenditures as President of WSU and the circumstances surrounding Dr.
Dobelles constructive discharge.
5. Thomas C. Frongillo, counsel to WSU, One Marina Park Drive, Boston, MA
02110, has information regarding the claims and defenses asserted in this action, including
Dr. Dobelles whistleblower letter, the investigations into Dr. Dobelles expenditures as
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President of WSU, and the circumstances surrounding Dr. Dobelles constructive
discharge.
6. Mark Peters, counsel to WSU, 50 Rowes Wharf, Boston, MA 02110, has
information regarding the claims and defenses asserted in this action, including the
investigations into Dr. Dobelles expenditures as President of WSU and the circumstances
surrounding Dr. Dobelles constructive discharge.
7. Kevin R. Queenin, Secretary and former Chairman of the WSU Board of Trustees
and member and former Chairman of the Board of Directors of the Westfield State
Foundation, has information regarding the claims and defenses asserted in this action,
including the investigations into Dr. Dobelles expenditures as President of WSU and the
circumstances surrounding Dr. Dobelles constructive discharge.
8. Elizabeth D. Scheibel, member of the WSU Board of Trustees and the Board of
Trustees Executive Committee, has information regarding the claims and defenses
asserted in this action, including the investigations into Dr. Dobelles expenditures as
President of WSU and the circumstances surrounding Dr. Dobelles constructive
discharge.
Commonwealth of Massachusetts
9. Richard M. Freeland, Commissioner of Higher Education for Massachusetts, has
information regarding the claims and defenses asserted in this action, including the
circumstances surrounding Dr. Dobelles constructive discharge.
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10. Matthew Malone, Massachusetts Secretary of Education, Executive Office of
Education, One Ashburton Place Room 1403, Boston, MA 02108, has information
regarding the claims and defenses asserted in this action including the circumstances
surrounding Dr. Dobelle s constructive discharge.
11. Constantia Papanikolaou, General Counsel, Massachusetts Department of Higher
Education, One Ashburton Place Room 1401, Boston, MA 02108, has information
regarding the claims and defenses asserted in this action, including the circumstances
surrounding Dr. Dobelle s constructive discharge.
12. Deval L. Patrick, Governor of Massachusetts, Massachusetts State House, Office of
the Governor, Room 105, Boston, MA 02133, has information regarding the claims and
defenses asserted in this action, including the circumstances surrounding Dr. Dobelles
constructive discharge.
13. Brendan Ryan, former Chief of Staff to Massachusetts Governor Deval Patrick, has
information regarding the claims and defenses asserted in this action, including the
circumstances surrounding Dr. Dobelles constructive discharge.
Other Individuals with Discoverable Information
Dr. Dobelle has reason to believe the following people have information regarding
the claims and defenses asserted in this action, and will update this list with additional
information as it becomes known through discovery or otherwise:
1. Kamal Au
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2. Joanne Bigelow
3. Rafael Bones
4. Donald Bowman
5. Kathi Bradford
6. Sheridan Bing Carey
7. Dawn Carignan
8. Joseph Carvalho III
9. David Caspole
10. William Chase II
11. Bonnie Clark
12. Jon Conologue
13. Terry Craven
14. Connie Daniels
15. JulianFleron
16. Thomas Foley
17. Christel Ford Berry
18. Lisa Freeman
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19. Janet Garcia
20. Torn Gardner
21. George Gilmer
22. Ken Haar
23. Gerald Hayes
24. Robert Hayes
25. Margo Henessey
26. Terrell Hill
27. Buzz Hoagland
28. Robin Jensen
29. Robert Johnson
30. Carol Katz
31. Trudy Knowles
32. Stone Koury
33. Susan LaMontagne
34. Mary Larrivee
35. Joanne Leighton
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36. Kenneth Lemanski
37. Waleska Lugo-DeJesus
38. Michelle Maggio
39. Robert Magovern
40. Barry Maloney
41. Steven Marcus
42. Marsha Marotta
43. Ed Marth
44. Angelo Mazza
45. Ryan Meersman
46. Timothy Murphy
47. Mike Nockunas
48. Luis Perez
49. Carol Persson
50. Mark Peters
51. Julie Phillips
52. Carlton Pickron
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53. Elizabeth Preston
54. Susan Queen
55. Ariel Raphael
56. Joan Rasool
57. James Ruberto
58. Nancy Salvidio
59. Milton Santiago
60. Laurie Simpson
61. David Smailes
62. Elizabeth Stassinos
63. Kimberly Tobin
64. John Wesolowski
65. Max Wojtowicz
66. Teressa Young
67. Robert Ziomek
B. Documents. Electronically Stored Information, and Tangible Things
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Dr. Dobelle identifies the following categories of non-privileged documents,
including emails, correspondence, and hardcopy documents, that are in his possession,
custody, or control and that he may use to support his claims or defenses:
1. Contract For College President between WSU and Dr. Dobelle dated December 21,
2007.
2. Letter from Kevin Queenin to Stephen W. Lenhardt dated December 21, 2011,
concerning annual evaluation of Dr. Dobelle for the period July 1, 2010 through June 30,
2011.
3. A copy of the Bylaws of the Westfield State University, as amended February 9,
2012.
4. A copy of WSUs Travel Policy, reviewed April 2012.
5. A copy of WSUs Corporate Credit Card Use (Purchase & Travel) Policy, reviewed
April 2012.
6. Letter from Kevin Queenin to Stephen W. Lenhardt dated October 16, 2012,
concerning annual evaluation of Dr. Dobelle for the period July 1, 2011 through June 30,
2012.
7. Letter from Jack Flynn to Commissioner Freeland dated November 13, 2012,
concerning recommendation for salary increase for Dr. Dobelle.
8. A copy of the 2012 WSU Financial Statements and Managements Discussion and
Analysis, issued by OConnor & Drew, as well as any and all drafts of the same.
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9. Memorandum from Mark Peters to Dr. Dobelle dated March 1, 2013, regarding
discovery and circulation of a certain packet of documents at the University.
10. OConnor & Drews draft Independent Accountants Report dated July 30, 2013,
and accompanying attachments, as well as any and all drafts of the Report.
11. Letter from Ross. H. Garber to Thomas Frongillo, dated September 25, 2013,
regarding Defendants violations of state open meeting laws, the WSU bylaws, and other
tortious conduct.
12. Letter from Ross. H. Garber to Thomas Frongillo, dated September 25, 2013,
regarding indemnification for Dr. Dobelles attorneys fees and costs.
13. Letter from Commissioner Freeland to Dr. Dobelle dated September 25, 2013,
regarding the OConnor & Drew report.
14. Letter from Dr. Dobelle to Commissioner Freeland dated October 5, 2013,
including attachments, responding to Commissioner Freelands September 25 letter.
15. Letter from Ross. H. Garber to Thomas Frongillo, dated October 10, 2013,
regarding indemnification for Dr. Dobelles attorneys fees and costs.
16. Letter from Commissioner Freeland to the WSU Board of Trustees dated October
11, 2013, responding to Dr. Dobelles October 5 letter.
17. Letter from Dr. Dobelle to WSU Board of Trustees dated October 16, 2013,
regarding Dr. Dobelles offered resignation.
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18. Email from Ross. H. Garberto Thomas Frongillo, dated November 5,2013,
regarding indemnification for Dr. Dobelles attorneys fees and costs.
19. Email from Ross H. Garber to Caroline Simons dated November 5, 2013, regarding
indemnification for Dr. Dobelles attorneys fees and costs.
20. Email from Ross H. Garber to Thomas Frongillo dated November 5, 2013,
regarding indemnification for Dr. Dobelles attorneys fees and costs.
21. Letter from Dr. Dobelle to WSU Board of Trustees dated November 8,2013,
regarding Dr. Dobelles resignation.
22. Documents concerning Dr. Dobelles employment contract with WSU.
23. Documents concerning Dr. Dobelles performance as WSU president.
24. Documents concerning the investigations into Dr. Dobelles expenditures as WSU
president.
25. Documents concerning the Defendants interference with Dr. Dobelles contract
with WSU.
26. Documents concerning the circumstances surrounding Dr. Dobelles constructive
discharge from WSU.
27. Documents concerning Dr. Dobelles damages claims.
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Dr. Dobelle reserves the right to identify additional relevant documents,
electronically stored information, and tangible things as they become known through
discovery or otherwise.
C. Damages
Dr. Dobelle intends to seek the following categories of damages:
1. Compensatory, pecuniary, consequential, and punitive damages for tortious
interference with contractual relations, civil conspiracy, and violation of 42 U.S.C.

1983,
in an amount to be determined at trial but no less than $1,686,442.94, representing Dr.
Dobelles lost wages at a salary of $240,920.42 per year until Dr. Dobelles planned
retirement at age 75.
2. Prejudgment and post-judgment interest on all damages awarded.
3. Attorneys fees and costs.
4. Nominal damages.
Dr. Dobelle reserves the right to identify additional categories of damages as they
become known through discovery or otherwise.
D. Insurance Agreements
Dr. Dobelle is not aware of any applicable insurance agreements under which an
insurance business may be liable to satisfy all or part of a possible judgment in the ation
or to indemnify or reimburse for payments made to satisfy the judgment.
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June 4, 2014
PLAINTIFF,
DR. EVAN S. DOBELLE
By /5/ Daniel A. Schwartz
Katherine M. Romel (BBO #680 186)
Ross H. Garber (pro hac vice)
Daniel A. Schwartz (pro hac vice)
Sara J. Goldfarb (pro hac vice)
Jared. S. Baumgart (pro hac vice)
For Shipman & Goodwin LLP
One Constitution Plaza
Hartford, Connecticut 06103
Tel.: (860) 251-5000
Fax: (860) 251-5218
His Attorneys
By/si Darrell Mook
Darrell Mook, BBO# 546754
Donovan Hatem LLP
53 State Street
Boston, MA 02109
Tel: (617) 406-4500
Fax: (617) 406-4501
His Attorneys
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CERTIFICATE OF SERVICE
In accordance with Local Rule 5.2(b), I, Daniel A. Schwartz, hereby certify that
this document filed through the ECF system on June 4, 2014 will be sent electronically to
the registered participants as identified on the Notice of Electronic Filing.
Is! Daniel A. Schwartz
Daniel A. Schwartz, Esq.
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