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Re: Plaintiffs' IMEs



Mr. Sturdy,
 
I have asked my clients to provide signed copies upon completing the supplements you requested.  In the meantime, I have attached copies with my signature. 
 
Can you also provide us with signed copies of your clients' interrogatories (signed by your clients)?
 
We are hesitant to provide a blanket medical authorization regarding our clients as records of their complete medical history does not appear relevant to the injuries they sustained on account of the events giving rise to this cause of action.  In any event, I will discuss this with my clients over the weekend and provide you with further response early next week.
 
Regarding available deposition dates, what dates are you and your clients available the week of the 12th - 16th?  We will need to depose Defendants Keller and Skelton as well as Chief Gavin.
 
We will also provide you with a copy of the file Mr. Haidar provided to us early next week.
 
Cordially,
 
Nick
 
 
On Fri, Dec 2, 2011 at 2:23 PM, Patrick Sturdy <psturdy@cmda-law.com> wrote:
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

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--
____________________________________
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.


Attachment: Saad-Signed Ints.pdf
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