Free Answering Brief in Opposition - District Court of Delaware - Delaware

‘ - Case 1 :04-cv-01540-GIVIS Document 60-7 Filed 09/13/2005 Page 1 of 2
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ATTORNEYS AT |.Aw
THE ntneriaiamn moon
I 525 LOCUST STREET
PHILADELPHIA. PENNSYLVANIA |9lO2
.1oSi-run avnn NAARDEN 2'5‘77E"OOO
FAX: 2I5-77ErI359
July 7, 2005
Via Fax No.302—658—8l ll
Mason Tumer, Esquire
Prickett, Jones & Elliott, P.A.
1310 King Street
Wilmington, Delaware 19899
RE: Debbie Bailey
Dear Mason:
I am in receipt of your letter dated July 7, 2005. Please be advised of the following:
l. Requests for Debbie Bailey’s tax records were sent out with the appropriate
authorization forms on July 6, 2005. Once I am in receipt of these records, I will
forward the same to you.
2. Dernetria Bailey, as you are aware from her deposition, was not present at
Bayhealth Medical Center when her mother, Debbie, suffered a cardiac arrest.
Demetria arrived at the hospital only after her mother died. Accordingly, Demetria
Bailey has no claim for negligent infliction of emotional distress.
3. On July 1, 2005, I sent to your attention proposed dates for the depositions of Dr.
Lehman and Emery, as you indicated in the post script to your letter. I am hopeful
that we will be able to schedule both of their depositions in a convenient and
‘ timely fashion. Additionally, I have also sent you a letter dated July t, 2005 giving
you five different available dates to depose the various nurses and other fact
witnesses related to Debbie Bailey’s case. Iwould appreciate you contacting me
to confinn the depositions of not only Dr. Lebman and Emery, but also the other
witnesses.
4. Plaintiffs have not yet determined the identity of the expert witnesses who will be
used at trial in this case. Dr. Wehil has not been identified as an expert witness
for purposes of trial. Expert witnesses will be determined after discovery is taken
in this case. Plaintiffs’ will disclose trial experts as required by the Case

¤s...-_,c. Case 1:04-cv-01540-Gl\/IS Document 60-7 Filed 09/13/2005 Page 2 of 2
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Management Order.
I am frustrated with my inability to get responsive information from you regarding the
hospital’s root cause analysis materials. On June 9, 2005, I sent you a letter outlining the law
that requires you to produce these documents. To date, I have not received any response from
you. If you do not produce the root cause analysis material by the beginning of next week, I plan
to seek the intervention of the Court.
Very ly ours,
J SHUA VAN NAARDEN
JVN/ckp
cc: Stephen B. Potter, Esquire