Re: Plaintiffs' IMEs

Mr. Sturdy,

I will prepare a stipulated Order for your review on the discussed terms. We have provided our clients with medical record authorizations for signature. However, please note that there appear to be a providers who were not included. I will provide you with the omitted provider information later this week.

Also, we sent supplemental responses to Defendants' interrogatories on Friday. This should obviate the need to appear for the pending motion to compel.

Regarding our recent request for production of documents, are you aware whether the City intends to provide the records of complaints (involving other officers), list of training courses, proof of attendance, etc. absent court order?

I may be unavailable by email the next few days as we migrate our web apps to a new platform so please call me if you have any questions regarding the foregoing.

Cordially,

Nick

Sent on the Sprint® Now Network from my BlackBerry®

From: Patrick Sturdy <psturdy@cmda-law.com>

Date: Fri, 02 Dec 2011 14:23:21 -0500

To: Nick Hadous<nhadous@hadousco.com>

Cc: Haytham Faraj<haytham@puckettfaraj.com>; Jeffrey Clark<jclark@cmda-law.com>; Diane M. Waldenmayer<dwaldenmayer@cmda-law.com>

Subject: Re: Plaintiffs' IMEs

Mr. Hadous,

I will discuss your proposal regarding the IME with Dr. Ager's office and get back to you.

Additionally, we have not discussed the medical authorizations. Regardless of any agreement about the IME, we are still going to insist on signed medical authorizations. Defendants' position is that Defendants are entitled to discover all of Plaintiffs medical/mental health records. We have asked for this relief in a Motion to Compel. Please advise as to whether you will agree to the execution of the medical records.

Also, signed answers to Interrogatories have not been received. I would ask that this error be correct.

Finally, the dates you proposed (December 6--9, 2001) for the officers deposition on Wednesday, November 30, 2011, are not feasible as we have a conflict and would not be available to appear. I know you indicated that Haytham is planning on taking the depositions and he is no longer available on the prior dates which were proposed, could you please propose some other dates when Haytham is able to proceed with the depositions.

Patrick Sturdy

On 11/30/2011 10:43 PM, Nick Hadous wrote:

Hello Patrick,

Further to our discussion earlier today, we would request the IMEs be conducted on the following conditions, to be agreed upon by Stipulated Order:

1. Plaintiffs be provided with a current copy of Dr. Ager's curriculum vitae no less than 10 days prior to the first scheduled appointment.

2. The examination be limited to Plaintiffs' conditions which are in controversy in this action.

3. Any person assisting Dr. Ager must be fully identified by full name and title to Plaintiff and in any written report.

4. No diagnostic test or procedure that is invasive will be allowed.

5. Plaintiffs will not sign any paperwork or fill out any paperwork at Dr. Ager's office, including "patient information forms" or "consent forms", since Plaintiffs are not a patient at Dr. Ager's office and are consenting to this examination only pursuant to the requirements of the Federal Rules of Civil Procedure.

6. Dr. Ager must be provided with a copy of the Order prior to the examination.

7. The total time for each examination and testing, will not exceed three hours. If any period of time exceeding forty-five minutes goes by when Plaintiffs are not being examined, either by the doctor or his staff, then Plaintiffs will be free to leave.

8. Plaintiffs shall receive a copy of all reports and writings generated by the doctor in this matter under Fed. R. Civ. P. 35, including a copy of a detailed report with results of all tests made, diagnoses, prognosis and conclusions of the examiner, all record review reports, billings, notes, within 30 days following the examination.

9. Plaintiffs are not required to bring any records or x-rays or other testing with them.

10. Defendants stipulate to a deposition of Dr. Ager after Plaintiffs are provided with the items under paragraph 8 above (as it will probably occur after the discovery deadline).

We will not insist on the presence of a third party regarding Joseph's IME. However, after speaking with both Zihra and her children (Joseph included) this evening, we have many concerns regarding conducting her IME without someone she is comfortable with being present. As you may know, Zihra is an elderly woman in already frail condition. Because of this, we believe it would be in her best interest (namely to secure her emotional well-being) if her female attendant nurse/physician was present during the IME. This should not interfere with Dr. Ager's IME.

Please let me know if these conditions are agreeable and I will prepare a Stipulated Order.

Cordially,

Nick

--

____________________________________
HADOUSCO. |PLLC
Offices in Dearborn, MI and Scottsdale, AZ

Nick N. Hadous

Admitted:

- State Bar of Arizona

- State Bar of California

- United States District Court,

   District of Arizona

   Eastern District of Michigan

____________________________________

Direct: 313.415.5559
Office: 313.450.4670
Fax: 313.846.6358
Email:   nhadous@hadousco.com
              www.hadousco.com

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that, to the extent that this communication or any attachment addresses a tax matter, it was not written to be (and may not be) relied upon to (i) avoid tax-related penalties under the Internal Revenue Code; or (ii) promote, market or recommend to another party any transaction or matter addressed herein or in any such attachment.

CONFIDENTIALITY NOTICE: This email message and all attachments transmitted with it are intended solely for the use of the addressees and may contain legally privileged, protected or confidential information. If you have received this message in error, please notify the sender immediately by email reply and please delete this message from your computer and destroy any copies.

CONFIDENTIALITY NOTICE

This e-mail correspondence is confidential. If you are not the intended recipient, please notify the sender of the delivery error immediately, and then delete it from your system. Do not read, use, or copy this e-mail, or disclose it to others. This e-mail is not intended to waive the attorney-client privilege, or any other privilege. Thank you.