UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ex rel. Lokesh Vuyyuru, M.D., ]
Plaintiffs, ]
vs. ] Civil Action No. 3:06cv180
]
Gopinath Jadhav, M.D., ]
and ]
Southside Gastroenterology
Associates, Ltd. ]
and ]
Community Health Systems ]
Professional Services,
Inc. ]
and ]
and ]
Columbia/HCA John
Randolph, Inc. ]
Defendants. ]
PLAINTIFFS’ FIRST
DISCOVERY REQUESTS TO DEFENDANTS JADHAV
AND SOUTHSIDE GASTROENTEROLOGY ASSOCIATES, LTD.
Comes now
the plaintiffs, by counsel, and pursuant to the Federal Rules of Civil
Procedure, propound the following discovery requests to the defendants Southside
Regional medical center(SRMC) requesting timely responses.
REQUEST FOR PRODUCTION OF DOCUMENTS
The
plaintiffs, by counsel, pursuant to Fed. R. Civ. P. 34, hereby request that the
items described below be produced to plaintiffs' counsel and further requests
that defendants serve a written response to plaintiffs' request for production
within the time permitted by law, with attention being given to the request as
more fully defined by the instructions below.
Please produce all documents or
recordings including, related to or referencing the following:
RESPONSE:
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15. All the Pathology biopsy reports
on patients Dr. jadhav performend colonoscopies and upper endoscopies and
billing records by the pathologists and SRMC facility.
RESPONSE:
INTERROGATORIES
The
plaintiffs, pursuant to Fed. R. Civ. P. 33, hereby requests that the defendants
answer each interrogatory set forth below, separately and fully in writing
under oath.
1) State the names, addresses and telephone numbers of all individuals known by you and your attorney and/or your representatives to have knowledge of facts involved in this suit or which relate to the plaintiffs allegations set forth in the complaint, designating for each a summary of the knowledge of facts known or believed to be known by each, and the source of their knowledge and whether a recorded statement has been taken from such individuals and the person taking such recorded statement and the date of such statement and designate each person that you intend to call on your behalf at trial giving a summary of their expected testimony.
ANSWER:
2) Identify each and every endoscopy person
worked with Jadhav from
ANSWER:
3) State whether or not you or your counsel have or expect to retain any expert witness that is expected to testify in the trial or in any hearing of this case, including legal witnesses or otherwise and, if so, state the following with respect to each witness:
a)
The name, address, occupation, and area of expertise of such expert.
b)
The substance of the facts to which each such expert is expected to
testify.
c)
The opinions held by each such expert to which he or she will testify.
d)
The grounds of each such opinion to which each expert will testify.
ANSWER:
4) Provide a list of all documents which
are being withheld from production by virtue of any privilege of non-production
or for any other reason, identifying each document by its name, date, author
and recipient and specifying the reason for withholding it from production.
ANSWER:
DEFINITIONS AND
INSTRUCTIONS
If
you believe that definitions and instructions are necessary or appropriate for
written discovery, then you should follow the more stringent definitions and
instructions found either below or such definitions and instructions as may be
found in any discovery which you may have or will propound in this litigation,
which are incorporated into this discovery request by this reference, adjusted
as necessary to reflect the different author and recipient. The manner in which you comply with such
definitions and instructions shall guide this litigant in any discovery
response to you.
If
you are unaware of any definitions or instructions to be used by you in your
discovery requests, but find such definitions or instructions useful or
necessary, be guided by the following:
a. These Interrogatories, Requests for
Production and Requests for Admissions are continuing in character, so as to
require you to file supplementary answers immediately, if you obtain further
information regarding the identity and location of persons having knowledge of
discoverable matters and information regarding expert witnesses or if you obtain
different information or the information given in response to these discovery
requests is no longer true.
b.
Where the identification of a
person is requested, indicate the full name, home and business address, title
or occupation, employer, home and business address, title or occupation,
employer, home and business telephone numbers (include area code) of such
person. Where the person identified is a corporation, firm or other entity,
such identification should also include the name of each individual connected
with such corporation, firm or entity with whom contact is made, present or
last known address of such person, the present or last known business address
of such person, telephone number (include area code), and the title or
occupation of such person.
c.
Where the identification of a
document is required, such identification should include the following
information with respect to each document:
(1)
the date appearing on such
document, and if it has no date, the answer shall so state, and shall give the
date or approximate date such document was prepared;
(2)
the name of the person who signed
such document and if it was not signed, the answer shall so state and shall
give the name of the person or persons who prepared it;
(3)
the general nature or description
of such document (e.g., letter, memoranda, telegraph, etc.);
(4) the general description of its contents;
(5)
The name of each person to whom
such document was addressed, including each addressee of any copy;
(6) the name of the present custodian of the
original or originals and of each copy thereof bearing any marking or notation
not found on the original;
(7) whether any draft, copy of reproduction
of such document contains any postscript, notation, change or addendum not
appearing on the document itself, and if so, the answer shall give the
description of each such draft, copy or reproduction.
In
lieu of a general description of the document's contents you may attach
a copy of the original and a copy of any non-identical copies.
d. Unless otherwise indicated, these
Interrogatories and requests refer to the time, place and circumstances of the
occurrence mentioned or complained of in the pleading.
e. Where information or knowledge in
possession of a party is requested, such request includes knowledge held by the
party's agent, representatives and unless privileged, her attorney(s). If it is
contended that an item is privileged or otherwise exclude from discovery, the
basis for each claim of privilege or other ground for exclusion shall be
stated.
f. As used herein, the singular of any
word or phrase includes the plural.
g. The following definitions shall apply
herein:
(1)
As used herein, the term
"document" refers to any and all types of recorded information
including, but not limited to typewritten, photostatic or handwritten originals
or copies when originals are not available, and non-identical copies and
photographs, recordings or other data compilations from which information can
be obtained by you through detection devices and be placed by it into
reasonably useable form which is in your possession, custody or control.
(2) As used herein, the term
"person" shall include natural persons, proprietorships,
corporations, public corporations, municipal corporations, state governments,
local governments, governmental agencies, political subsidiaries, partnerships,
groups, associations, or organizations.
(3)
As used herein, the terms
"you" and "your" shall refer to the person or entity to
whom these discovery requests are addressed and all agents, representatives,
employees and persons acting directly or indirectly for or on behalf of the
person or entity to whom these discovery requests have been directed.
Respectfully
submitted,
ex rel. Lokesh Vuyyuru, M.D.,
By
Counsel
Certificate of Service
I
hereby certify that on this 15th day of August, 2006 I caused a true
and accurate copy of the foregoing to be served on the following opposing
counsel and the United States Attorney General as indicated below:
[] via facsimile [x] via U.S. Mail
[] via hand
Robert L. Harris, Jr., Esquire
Charles M. Sims, Esquire
Anne Glenn, Esquire
LeClair Ryan, a Professional Corporation
The
(804) 545-1505
(804) 545-1501 f
(Counsel for Gopinath Jadhav, M.D. and Southside
Gastroenterology Associates, Ltd.)
[] via facsimile [x] via U.S. Mail
[] via hand
Tara Casey, Assistant
Paul McNulty, USAG
United States Attorney’s Office
Eastern District of Virginia
(804) 819-5400
(804) 771-2316 f
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