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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

CITY OF FAYETTEVILLE, ARKANSAS;
BRANT WARRICK, INDIVIDUALLY
AND IN HIS OFFICIAL CAPACITY AS
DEPUTY CITY PROSECUTOR; CLINTON
K. JONES, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS CITY
PROSECUTOR; KIT WILLIAMS,
INDIVIDUALLY AND AS CITY
ATTORNEY; BOB ESTES, INDIVIDUALLY
AND IN HIS OFFICIAL CAPACITY; AND
MIKE MCKIMMEY, INDIVIDUALLY AND
IN HIS OFFICIAL CAPACITY DEFENDANTS

COME NOW the Defendants and pursuant to Rule 26 (a) (1) they make the following required initial disclosures:

(A) THE NAME AND, IF KNOWN, THE ADDRESS AND TELEPHONE NUMBER OF EACH INDIVIDUAL LIKELY TO HAVE DISCOVERABLE INFORMATION THAT THE DISCLOSING PARTY MAY USE TO SUPPORT ITS CLAIMS OR DEFENSES, UNLESS SOLELY FOR IMPEACHMENT, IDENTIFYING THE SUBJECTS OF THE INFORMATION:

(2) Mike McKimmey, City of Fayetteville, City Administration Building, 113 West Mountain, Fayetteville, AR 72701;

(3) Bob Estes, 1 East Center, Suite 200, Fayetteville, AR 72701;

(4) Kit Williams, Fayetteville City Attorney, City Administration Building, 113 West Mountain, Fayetteville, AR 72701;

(5) Casey Jones, Fayetteville City Prosecutor, 140 West Rock, Fayetteville, AR 72701;

(6) Brant Warrick, Deputy City Prosecutor, 140 West Rock, Fayetteville, AR 72701;

(7) David Truax, City of Fayetteville, City Administration Building, 113 West Mountain, Fayetteville, AR 72701;

(8) Judy Housley, City Attorney's Office, City Administration Building, 113 West Mountain, Fayetteville, AR 72701;

(9) David Whitaker, Assistant City Attorney, City Administration Building, 113 West Mountain, Fayetteville, AR 72701;

(10) Tim Conklin, City of Fayetteville, City Administration Building, 113 West Mountain, Fayetteville, AR 72701

(B) A COPY OF, OR A DESCRIPTION BY CATEGORY AND LOCATION OF, ALL DOCUMENTS, DATA COMPILATIONS, AND TANGIBLE THINGS THAT ARE IN THE POSSESSION, CUSTODY, OR CONTROL OF THE PARTY AND THAT THE DISCLOSING PARTY MAY USE TO SUPPORT ITS CLAIMS OR DEFENSES, UNLESS SOLELY FOR IMPEACHMENT:

(1) Complete copy of applicable provisions of the Unified Development Ordinances of the City of Fayetteville and the Fayetteville Sign Ordinance;

(2) All city files relating to John La Tour's electronic sign and all documents and written materials in said files;

(3) A series of photographs of Mr. La Tour's electronic sign;

(4) Photographs of other signs displayed by Mr. La Tour on his property;

(5) Court Records from Fayetteville District Court relating to the charges against Mr. La Tour;

(6) Court records of Washington County Circuit Court relating to the criminal proceedings against Mr. La Tour;

(C) A COMPUTATION OF ANY CATEGORY OF DAMAGES CLAIMED BY THE DISCLOSING PARTY, MAKING AVAILABLE FOR INSPECTION AND COPYING AS UNDER RULE 34 THE DOCUMENTS OR OTHER EVIDENTIARY MATERIAL, NOT PRIVILEGED OR PROTECTED FROM DISCLOSURE, ON WHICH SUCH COMPUTATION IS BASED, INCLUDING MATERIALS BEARING ON THE NATURE AND EXTENT OF INJURIES SUFFERED:

The Defendants reserve the right to seek reimbursement for costs and attorney fees in the event the City of Fayetteville and the other Defendants successfully prevail on the merits in this case. The Defendants also reserve the right to seek reimbursement of costs and attorney fees for any time incurred in having to respond to inappropriate discovery by the Plaintiff. No computation of any of this is possible at this time but will be done at a later date in the event the Defendants decide to pursue assessment of costs and fees against the Plaintiff.

(D) FOR INSPECTION AND COPYING AS UNDER RULE 34 ANY INSURANCE AGREEMENT UNDER WHICH ANY PERSON CARRYING ON AN INSURANCE BUSINESS MAY BE LIABLE OR SATISFY PART OR ALL OF A JUDGMENT WHICH MAY BE ENTERED IN THE ACTION OR TO INDEMNIFY OR REIMBURSE FOR PAYMENTS MADE TO SATISFY THE JUDGMENT:

Not applicable at this time. Plaintiff's lawsuit is one for injunctive relief or declaratory judgment relief as opposed to a suit for damages. Plaintiff's claim for punitive damages has already been dismissed by the Court.

________________________
WOODY BASSETT
BASSETT LAW FIRM
P.O. Box 3618
Fayetteville, AR 72702
(479) 521-9996

ATTORNEY FOR THE DEFENDANTS
CITY OF FAYETTEVILLE, ARKANSAS;
BRANT WARRICK, INDIVIDUALLY
AND IN HIS OFFICIAL CAPACITY AS
DEPUTY CITY PROSECUTOR; CLINTON
K. JONES, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS CITY PROSECUTOR;
KIT WILLIAMS, INDIVIDUALLY AND AS
CITY ATTORNEY; BOB ESTES, INDIVIDUALLY
AND IN HIS OFFICIAL CAPACITY; AND MIKE
MCKIMMEY, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY

This is to certify that I have this day served counsel for the opposing party in the foregoing matter with a copy of this pleading by depositing in the United States mail a copy properly addressed with adequate postage thereon.