Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT I
Case 2:O3—cv—O2300-ROS Document 88-10 Filed O4/13/2006 Page10f3

, U.S. Department of Justice

United States Attorney
District of Arizona
Two Renaissance Square (602) 514-7500
40 North Central Avenue, Suite 1200
Phoenix, Arizona 85004-4408 Civil FAX: (602) 514-7760
November 29, 2005
Time Fax Transmitted:
TO. Rosval A. Patterson
° Attorney at Law
Patterson & Associates, P.C.
FAX Number: 1 866 829 9252
RE, Telephone Number: (602) 462-1004
° Martha Slaughter-Payne v. Anthony Principi, Civ 03-2300 PHX ROS
USAO 2004V00092
FROM. JOHN R. MAYFIELD
Assistant U.S. Attorney
FAX Number: (602) 514-7760
Telephone Number: (602) 514-7746
Ros, here is a copy of the email I sent with several; typos corrected - just in case
the email was delayed in getting to you:
Ros, I would prefer language more along these lines: Plaintiff has requested deposition dates for Rafael Martinez.
However, his physician Dr. Nathan Laufer, M.D., Heart & Vascular Center of Arizona, has advised counsel for the
parties, by letters dated September 19, 2005 and October 24, 2005, that Mr. Martinez’s medical condition
precluded Mr. Martinez from attending a deposition. Recent information, furnished by plaintiffs counsel, suggests
that Mr. Martinez condition may have improved. Defendant is in the process of re-contacting both Mr. Martinez and
his physician to determine whether a deposition may go forward. This will take some time to make this
determination. Plaintiff has requested deposition dates for Richard Moore. Mr. Moore is not longer a VA employee,
but now works for another government agency in the Washington, D.C. area.. Due to Mr. Moore’s present location,
plaintiff counsel has requested telephonic deposition. Due to conflicting schedules it has not been possible to
schedule that deposition prior to the present discovery deadline. Furthermore, pre-scheduled Holiday vacations
and other pending matters preclude finalizing depositions during the month of December, 2005. After discussion
between counsel, the parties respectfully request an amendment to the Rule 18 Scheduling Order entered on
September 2, 2004, the parties propose the following new deadlines: ETC The proposed Order looks OK. I would
also request that we agree to re-open to permit the listing of the defense expert witness now that it appears more
medical records have become available. There should be sufficient time under the new deadlines to
accommodate this request and avoid further discovery motion practice. Please advise ASAP.
CONFIDENTLALITY NOTICE: The document(s) accompanying this fax contain confidential, legally privileged infomation intended only for the named
recipient. If you are not the intended recipient, note that disclosure, copying, distribution or taking any action in reliance on the contents ofthis infomation,
except its delivery to the intended recipient, is strictly prohibited. Ifyou have received this fax_in error, please telephone senderimmediately ap arrange for retum
mtr¤®asé¤Qc®@¢rev-O2300—ROS Document 88-10 Filed O4/13/2006 Page 2 o &H|B|T|

F ax to Mr. Patterson
April 5, 2006
Page 2
TOTAL NUMBER OF PAGES FAXED:
(Excluding this Cover Sheet)
CONFlDENTlALlTY NOTlCE: The document(s) accompanying this fax contain confidential, legally privileged information intended only for the named
recipient. lf you are not the intended recipient, note that disclosure, copying, distribution or taking any action in reliance on the contents of this int`om1ation,
except its delivery to the intended recipient, is strictly prohibited. Ifyou have received this fax in error, please telephone sender immediately to arrange for return
ofthe original document(s).
Case 2:03—cv—02300-ROS Document 88-10 Filed O4/13/2006 Page 3 of 3

Case 2:03-cv-02300-ROS

Document 88-10

Filed 04/13/2006

Page 1 of 3

Case 2:03-cv-02300-ROS

Document 88-10

Filed 04/13/2006

Page 2 of 3

Case 2:03-cv-02300-ROS

Document 88-10

Filed 04/13/2006

Page 3 of 3