Burt Newsome, attorney for David and Anna Roberson, filed a notice of discovery yesterday, launching the evidence-gathering phase in a $75-million lawsuit against Drummond Company, for which Mr. Roberson served as vice president before becoming entangled in the North Birmingham Superfund bribery case.
The initial discovery includes interrogatories (written questions and answers) and requests for production of documents (memoranda, letters, electronic files, etc.) Here are some of the requests that stand out to us. The full discovery document is embedded at the end of this post.
* Produce all documents and electronically stored information (including emails) referring or referable to the North Birmingham Superfund Site . . .
* State the date on which Drummond Company first discovered any legal problems with the scheme and/or Balch's plan to beat the EPA with regards to the North Birmingham Superfund Site.
* State the name, place of employment, and relationship to Drummond Company of the person or persons who first learned of this discovery, and state the means by which the discovery was made.
* Produce all documents and electronically stored information (including emails) relating to that discovery.
* Describe in detail the efforts made by Drummond Company to inform the Plaintiff of this discovery, including the date of each such effort, the nature of the effort, and the persons involved.
* Produce all legal memoranda and/or electronically stored information (including emails) relating to the issue of the legality of the scheme and/or Balch Bingham's plan to defeat the EPA.
* Produce all Board minutes reflecting or referable to any discussion regarding the North Birmingham Superfund Site in Jefferson County, and/or the scheme, Joel Gilbert, and/or David Roberson.
* Produce any and all communications of any type whatsoever from any employee or representative of Drummond Company to Jay Town and/or the U.S. Attorney's office regarding the scheme and/or the criminal proceedings associated with the scheme. . . .
* Produce any and all communications of any type or form whatsoever with Mark Crosswhite, Southern Company and/or Alabama Power, Balch Bingham, the Alliance for Jobs and the Economy, Oliver Robinson, the Oliver Robinson Foundation regarding the scheme. . . .
* Produce any and all communications of any type whatsoever dealing with Blake Andrews directing David Roberson to pay the invoices from Balch Bingham associated with the payments being made . . to the Oliver Robinson Foundation.