1. 08/19/02 phone call from John Knoblesdorf (our attorney at the time) to Mr. Killeen
a. Mr. Knoblesdorf’s memo giving
recollection of asking Mr. Killeen
about an early resolution of the case.
(Mr. Killeen
never responded.)
2. 10/22/02 fax to Killeen from attorney John Knoblesdorf
a. advising his withdrawal from the case
b. asking on our behalf for an extension to provide discovery
(Mr. Killeen never responded.)
3. 11/03/02 fax to Killeen regarding:
a. failure to respond to John Knoblesdoft (when he was our attorney)
b. us providing discovery
c. suggestion to consider ADR
(Mr. Killeen
never replied to any of it.)
4. 12/16/02 fax from Killeen
a. noticing us for depositions on December 24th, a holiday
(He faxed
this notice within one hour after I faxed our First Amended Answer and Original
Affirmative Defenses)
5. 12/18/02 fax to Killeen
a. asking his cooperation in scheduling our depositions for early January
instead of December 24th, a holiday. Asked him to call me today.
(Mr. Killeen
never responded.)
6. 12/23/02 fax to Killeen
a. after having filed a motion for postpone depositions until summary judgment is ruled on, I reminded him that we would not appear at depositions on December 24th.
b. I quoted some guidelines from the rules for professional conduct; requested that he treat us with courtesy and cooperation.
(Mr.
Killeen never responded. And on 1/16 he filed a “notice of non-appearance” that
we “failed” to appear for depositions.)
7. 12/26/02 fax to Killeen, 11:44 a.m.
a. I cited TRCP 191.3(a)(1) and asked for signed copies of disclosure (1st request)
b. asked again for disclosure that they had withheld from us
c. asked him to contact me by 5:00 p.m.; otherwise I would have no choice but to file a Motion to Compel
(Mr. Killeen
never responded.)
8. 12/30/02 fax to Killeen
a. asked for return of inadvertently produced privileged documents, pursuant to TRCP 193.3(d)
(Mr. Killeen did not respond.)
9. 01/08/03 fax to Killeen
a. 2nd notice of request for signed copies of discovery
(Mr. Killeen
did not respond.)
10. 01/08/03 fax to Killeen
a. 2nd notice of request to return privileged documents
(Mr. Killeen did not respond)
11. 01/14/03 fax to Rob Negrin
a. advising I will give dates tomorrow that will be convenient for our depositions
b. asking him to give me dates tomorrow that we can depose plaintiffs
c. advising that this is our third request for return of privileged documents
12. 01/15/03 fax to Killeen
a. 3rd notice of our request for signed copies of discovery; advising him he is in violation of Texas Rules of Civil Procedure 191.3;
b. advising him if he doesn’t respond I have no choice but to file a motion to compel
(Mr. Killeen
never responded.)
13. 01/15/03 fax to Killeen
a. advising him of errors in his pleading
b. advising him that if he doesn’t respond by 1/20, I will have no choice but
to file the appropriate motions and objections
(Mr. Killeen never responded.)
14. 01/18/03 fax to Killeen
a. asking for “Joyce Carpenter’s” connection with the case as specified in TRCP 194.2(3).
b. advising that I hope I do not have to file another motion to compel but he leaves me with no choice if he continues to refuse to cooperate.
(Finally
received this information on 1/29, along with supposed information about
“Christina,” after I had filed a motion to compel but before the motion about
Joyce Carpenter appeared on the docket.)
15. 01/18/03 fax to Killeen
a. 3rd request to give us dates to depose plaintiffs; told him that if he didn’t respond, I would have no choice but to go ahead and schedule a date.
(Mr. Killeen
never responded.)
16. 01/22/03 fax to Killeen
a. 4th request for deposition dates for plaintiffs. Advised that my next communication would be the notice.
(Rob
Negrin responded that he would “get back to us.”)
17. 01/24/03 fax from Rob Negrin
a. he asked us about mediation
18. 01/24/03 fax to Rob Negrin
a. stating I will contact him 1/29 regarding mediation
19. 01/25/03 fax to Killeen
a. giving Identification of Privileged Material and Information Withheld
20. 1/26/03 fax to Rob Negrin
a. asking for proof that the court has ordered mediation. (The date for ADR on the docket control sheet has passed. We had already suggested it twice and they had ignored us.)
(Mr. Negrin
did not respond.)
21. 1/29/03 fax to Rob Negrin
a. I agreed to mediation on 2/27/03 (cost no more than $750 for the day); provided we were able to depose plaintiffs prior to mediation.) Asked him to provide name and telephone number of mediator.
22. 1/30/03 We attended depositions even though we had not received proper notice.
Notice was sent to us on the previous afternoon, 1/29/03.
23. 1/30/03 Afternoon after our depositions. I sent notice of deposing plaintiffs on 2/7.
As
I expected, the next day there was a motion to quash, saying
we had
“unilaterally” noticed plaintiff. This was after four requests
for them
to give us dates.
24. 1/31/03 fax to Killeen
a.
Asking
him for plaintiff’s proof of licensure as a Registered Pharmacist. In
requests for production from last
November 22nd, Killeen said the license
would be available in his office.
When we went for depositions, I asked
him for it. He
didn’t have it. I was told it would be faxed to me.
(Mr. Killeen never responded.)
25. 2/2/03 fax to Rob Negrin
a.
Withdrew
our agreement for mediation on 1/27 because of the dilatory
actions that
prevent us from knowing when we can depose the doctor.
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