Case 1:12-cv-01442-SCJ Document 8 Filed 07/25/12 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION EDUARDO ROGNONI, : : Plaintiff, : : v. : : FAIR COLLECTIONS & OUTSOURCING, : INC. and Does 1-10, inclusive, : : Defendants. :

CIVIL ACTION FILE NO. 1:12-CV-1442-SCJ-RGV

INITIAL DISCLOSURES OF DEFENDANT FAIR COLLECTIONS & OUTSOURCING, INC.1 (1) If the defendant is improperly identified, state

defendant's correct identification and state whether defendant will accept service of an amended summons and complaint reflecting the information furnished in this disclosure report. Defendant is correctly identified in the caption of this case.

(2) Provide the names of any parties whom defendant contends are necessary parties to this action, but who have not been named by plaintiff. misjoinder contention. Not applicable. This document has been typed accordance with Local Rule 5.1.
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(3) Provide a detailed factual basis for the defense or defenses and any counterclaims or crossclaims asserted by defendant in the responsive pleading. Defendant, at no time, committed any act constituting a violation of state or federal law in connection with the collection of a debt owed by the Plaintiff. Defendant was retained to attempt

to collect a valid debt owed to the Highland Park Apartments. The debt was incurred as a result of plaintiff improperly terminating his lease. Plaintiff was contacted and, at first, denied this debt. He admitted to residing at the apartments, but claimed that he provided proper notice of termination to the apartment complex management. Upon subsequent contact plaintiff altered his position and claimed that he did not sign a lease and that there was some sort of identity theft involved in this matter. When plaintiff alleged identity theft, defendant forwarded a blank fraud affidavit to the plaintiff, asked that he fill it out and return it and requested that he provide a police report regarding this alleged identity theft. Plaintiff never did so. Defendant then went back to its client in an additional effort to verify this debt. Defendant obtained from its client, and is in possession of, an original lease signed by the plaintiff as well as approximately 10

additional documents signed by the plaintiff contained in the apartment complex leasing file. Defendants clients file also 2

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contains a payroll stub from plaintiff's employer in his name. Finally, defendant is in possession of recordings of each and every contact made with the plaintiff, including all calls made to the plaintiff and calls from the plaintiff. Those recordings verify the conversations with the plaintiff detailed above. Appropriate

statutory warnings were given at each step and no laws were violated during the course of these contacts. Defendant owes a valid debt to the Highland Park Apartments. Defendant has made lawful attempts to collect that debt on behalf of its client. No violations of any state or federal laws exist in this case. (4) Describe in detail all statutes, codes, regulations, legal principles, standards and customs or usages, and illustrative case law which defendant contends are applicable to this action. The Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq.

(5) Provide the name and, if known, the address and telephone number of each individual likely to have discoverable information that you may use to support your claims or defenses, unless solely for impeachment, identifying the subjects of the information. (Attach witness list to Initial Disclosures as Attachment A). See Attachment A. 3

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(6) Provide the name of any person who may be used at trial to present evidence under Rules 702, 703 or 705 of the Federal Rules of Evidence. For all experts described in Fed. R. Civ. P.

26(a)(2)(B), provide a separate written report satisfying the provisions of that rule. (Attach expert witness list and written

reports to Initial Disclosures as Attachment B). Not applicable.

(7) Provide a copy of, or description by category and location of, all documents, data compilations or other electronically stored information, and tangible things in your possession, custody, or control that you may use to support your claims or defenses unless solely for impeachment, identifying the subjects of the

information.

(Attach document list and descriptions to Initial

Disclosures as Attachment C). See Attachment C.

(8) In the space provided below, provide a computation of any category of damages claimed by you. In addition, include a copy

of, or describe by category and location of, the documents or other evidentiary material, not privileged or protected from disclosure on which such computation is based, including materials bearing on 4

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the nature and extent of injuries suffered, making such documents or evidentiary material available for inspection and copying under Fed. R. Civ. P. 34. (Attach any copies and descriptions to Initial

Disclosures as Attachment D). Not applicable.

(9) If defendant contends that some other person or legal entity is, in whole or in part, liable to the plaintiff or defendant in this matter, state the full name, address, and telephone number of such person or entity and describe in detail the basis of such liability. Not applicable.

(10) Attach for inspection and copying as under Fed. R. Civ. P. 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments to satisfy the judgment. (Attach copy of

insurance agreement to Initial Disclosures as Attachment E). Defendant is self-insured for the damages sought in this litigation.

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This 25th day of July, 2012. SCRUDDER, BASS, QUILLIAN, HORLOCK TAYLOR & LAZARUS LLP /s/ Glenn S. Bass Glenn S. Bass Georgia Bar No. 041220 Attorneys for Defendant Fair Collection & Outsourcing, Inc. 900 Circle 75 Parkway, Suite 850 Atlanta, Georgia 30339 Telephone: (770) 612-9200 Facsimile: (770) 612-9201 gbass@scrudderbass.com

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"Attachment A" Eduardo Rognoni - plaintiff Michelle Holman plaintiffs girlfriend / wife Renee Carroll, Compliance Officer, Fair Collections & Outsourcing Collection agents for defendant including but not limited to the following individuals: Susan Wilson Riley Carter Tony Sharp Spencer _______ Catherine Summer Ashley Story Leasing Agents, Princeton Properties / Highland Lakes Apartments

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"Attachment C" Electronic recordings of all telephone contacts and attempted telephone contacts with plaintiff; Internal file notes detailing all contacts with plaintiff; Verification of debt sent to plaintiff dated 1/14/11; Correspondence from plaintiff dated June 28, 2011; Notification sent to plaintiff dated 8/2/11 with blank ID Theft Affidavit and Fraudulent Account Statement; Letter from plaintiffs counsel dated August 9, 2011; Verification of debt dated 8/15/11 with copy of lease and payment history; Original leasing file from Highland Lakes Apartments including but not limited to the following documents: application for

residency, credit information, payroll stub, letter of acceptance, move in information and checklist, statement of rental policy, signed lease, drug-free housing addendum, satellite addendum, fire stop addendum, insurance addendum, rent payment requirements, mold addendum, lease rules and regulations, lease special stipulations, statement of security deposit account, resident history reports and copies of money orders used for payment of deposits and rent.

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CERTIFICATE OF SERVICE I hereby certify that on July 25, 2012, I electronically served through CM/ECF the foregoing Initial Disclosures of

Defendant Fair Collections & Outsourcing, Inc. upon all parties to this matter through their counsel as follows: Cara Hergenroether Lemberg & Associates, LLC 1400 Veterans Memorial Highway, #150 Mableton, GA 30126

This 25th day of July, 2012.

/s Glenn S. Bass Glenn S. Bass