Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT H
Case 2:O3—cv—O2300—ROS Document 88-9 Filed O4/13/2006 Page10f3

on p , U.S. Department of Justice

,,s“*” ji? United States Attomey
li District of Arizona
Two Renaissance Square (602) 5l4-7500
40 North Central, Suite l200
Phoenix, Arizona 85004-4408 Civil FAX: (602)5l4-7760
October 27, 2005
Rosval A. Patterson
Attorney at Law
Patterson & Associates, P.C.
777 East Thomas Road # 210
Phoenix, Arizona 85014
Re: Martha Slaughter-Payne v. Anthony Principi, Civ 03-2300 PHX ROS
USAO 2004V00092000
Dear Mr. Patterson,
In follow-up to my letter of September 20, 2005 and your letter of October 11, 2005, Regional
counsel’s office, on October 12, 2005, sent a letter by fax and regular mail, to Dr. Laufer which enclosed
a copy of your October 11, 2005. Both Regional Counsel’s Office and myself did inquire further when
no response was received after a reasonable period of time.
Dr. Laufer has now responded in writing by a letter dated October 24, 2005 which I received
yesterday by fax. A copy is enclosed. Although your request for additional information were forwarded
to Dr. Laufer, he has advised that he is "... unable to release further infomation to you at this time
secondary to HIPPA regulations."
As a result, I am unable to provide you with the infomation requested in your letter of October
11, 2005. However, Dr. Laufer again states that in his opinion, as a treating physician, that the proposed
deposition may be detrimental to Mr. Ma1tinez’s medical condition.
In light of the two letters from Dr. Laufer’s letter, it will not be possible for the United States to
force Mr. Martinez to attend the requested deposition as it would be against medical advise.
Sincerely yours,
PAUL K. CHARLTON ,7
Unite tates orn
I}? t o S , ` ona /
” N . M f; I LD
Assistant U fed States Attorney
Enclosure
IRM/jma
Case 2:O3—cv—O2300-ROS Document 88-9 Filed O4/13/2006 Page 2 of 3EXHIBIT H

Letter to Ms. Patterson
October 27, 2005
Page 2
cc:
Dana Heck, Attorney
Ofnce of Regional Counsel
Depanment of Veterans Affairs
650 East Indian School Road, Building 24
Phoenix, Arizona 85012-1839
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