Free Reply to Response to Motion - District Court of Arizona - Arizona

EXHIBITS IN SUPPORT OF: DEFENDANT METLIFE'S REPLY IN SUPPORT OF ITS MOTION FOR DISMISSAL OR SANCTIONS AND RESPONSE TO MOTION TO COMPLY WITH ORDER STAYING LITIGATION

Exhibit A

Description December 15, 2005 E-mail from MetLife's Attorney to Plaintiff Enclosing Revised Draft of Pretrial Statement December 16, 2005 #-mail from Plaintiff to MetLife's Attorney Enclosing Additional Revisions to Pretrial Statement August 24, 2005 E-mail from Plaintiff's Attorney to MetLife's Attorney Regarding Receipt of Letter Denying Plaintiff's Appeal August 24, 2005 E-mail from MetLife's Attorney to Plaintiff's Attorney Regarding Expiration of Stipulated Stay

B

C

D

CV03-1340-PHX-SRB Case 2:03-cv-01340-SRB

Document 74-2

Filed 02/06/2006

Page 1 of 5

DPB (Daniel P Beeks)
From: Sent: To: Subject: DPB (Daniel P Beeks) Thursday, December 15, 2005 4:05 PM Sybol Terrell-Sims ([email protected]) terrell-sims v metlife proposed joint pretrial

Dear Ms. Terrell-Sims: I have revised the draft of the joint pretrial you sent me this morning. Please let me know if you have any additional revisions. I would like to file this first thing in the morning if possible. Thank you.

Daniel P. Beeks
Mohr, Hackett, Pederson, Blakley & Randolph, P.C. 2800 North Central Avenue, Suite 1100 Phoenix, Arizona 85004-1043 (602) 240-3000 / Phone (602) 240-6600 / Facsimile [email protected] / email
This electronic mail transmission contains information from the law firm Mohr, Hackett, Pederson, Blakley & Randolph, P.C. that may be confidential or privileged. Such information is solely for the intended recipient, and use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this message, its contents or any attachments is prohibited. Any wrongful interception of this message is punishable as a Federal Crime. If you have received this message in error, please notify us immediately by telephone (602 240-3000) or by electronic mail to the sender at [email protected] . Although this email and any attachments are believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender or Mohr, Hackett, Pederson, Blakley & Randolph, P.C. for any loss or damage arising in any way in the event that such a virus or defect exists.

c9wt01_.DOC (105 KB)

Exhibit "A"
1

Case 2:03-cv-01340-SRB

Document 74-2

Filed 02/06/2006

Page 2 of 5

Page 1 of 1 DPB (Daniel P Beeks)
From: Sent: To: [email protected] Friday, December 16, 2005 11:49 AM DPB (Daniel P Beeks)

Subject: Re: terrell-sims v metlife proposed joint pretrial Mr Beeks, Appropriate changes have been added. Also, Tennessee has one to many s's. Regards

Exhibit "B"

2/6/2006

Case 2:03-cv-01340-SRB

Document 74-2

Filed 02/06/2006

Page 3 of 5

Page 1 of 1 DPB (Daniel P Beeks)
From: Sent: To: Elizabeth Faulkner [[email protected]] Wednesday, August 24, 2005 10:55 AM Daniel P. Beeks

Subject: MetLife

DanI just got a copy of the denial- it was sent to Phillip Austin- who had not represented her for well over a year- what is wrong with those people?????????????!!!!!!!!!!!!!!!!!! Anyway- I trust you have seen it by now. I disagree with the conclusion and the reasoning and am very disappointed. We need to talk about this- the other problem is that the letter is dated 8-2 yet I just now got it. According to the stip we signed, the stay expires 10 days after the notice of the denial- so it would have expired 8-16 if we go by judicial days. We do not have a discovery schedule or anything. Pls call me to discuss where to go from here. I will be here today until 2 pm and in all day Thursday. Thx EAFElizabeth A. Faulkner Faulkner Law Offices
8130 N. Via de Negocio, Suite 150 Scottsdale, Arizona 85258 Telephone: (480) 951-1110 Facsimile: (480) 951-1116
IMPORTANT & CONFIDENTIAL: This message is from Faulkner Law Offices and is for the intended recipient only. It is privileged and confidential information exempt from disclosure under applicable law. If you are not the intended recipient, any copying, use or distribution is prohibited. If you received this message by mistake, please call me collect at 480 -951-1110 and destroy the original message. Thank you.

Exhibit "C"
2/6/2006 Case 2:03-cv-01340-SRB Document 74-2 Filed 02/06/2006 Page 4 of 5

Message DPB (Daniel P Beeks)
From: Sent: To: DPB (Daniel P Beeks) Wednesday, August 24, 2005 3:49 PM 'Elizabeth Faulkner'

Page 1 of 1

Subject: RE: MetLife Elizabeth -I am not ignoring. Unfortunately, my contact in the general counsel's office is out today, so I am dealing with a different attorney who knows very little about this case. To compound things, the person in the appeals department who could answer our questions is out of the office until Friday. Hopefully I will have an answer for you on Friday or Monday. Given that the denial was sent to Phil Austin instead of you, my interpretation of the stipulation is that the 10 days starts running after you received the denial letter. I will talk to you as soon as I know anything further. Dan Beeks -----Original Message----From: Elizabeth Faulkner [mailto:[email protected]] Sent: Wednesday, August 24, 2005 11:53 AM To: Daniel P. Beeks Subject: MetLife

Dan-as you may recall, there was some confusion as to the meds- some were sent directly to MetLife and some directly to you. In reviewing the denial, I notice there is no reference to the meds that were sent directly to you- i.e. Dr Jeffers, Dr. Durant at Luke AF base or the drs at Banner Desert Hosp which records were sent to you. According to the bills, contrary to the denial, Sybol has been under a Dr's care since Nov 2002. I want to make sure that the denial included everything. Elizabeth A. Faulkner Faulkner Law Offices
8130 N. Via de Negocio, Suite 150 Scottsdale, Arizona 85258 Telephone: (480) 951-1110 Facsimile: (480) 951-1116
IMPORTANT & CONFIDENTIAL: This message is from Faulkner Law Offices and is for the intended recipient only. It is privileged and confidential information exempt from disclosure under applicable law. If you are not the intended recipient, any copying, use or distribution is prohibited. If you received this message by mistake, please call me collect at 480951-1110 and destroy the original message. Thank you.

Exhibit "D"
2/6/2006 Case 2:03-cv-01340-SRB Document 74-2 Filed 02/06/2006 Page 5 of 5