April 28, 1999 - I recieved a Notice of Scheduling Conference from the court. It stipulated many, many things that must be done 14 days prior to May 20th, the date of the conference.
April 29, 1999 - I faxed to Pat Peard (UNUM's lawyer), Katherine Robertson (UNUM's local counsel), and Robert Pierce (my employer's lawyer) the following letter:
Dear Attorneys:
According to the Notice of Scheduling Conference I received yesterday from the Court, it is necessary that you and I confer no later than 14 days before the scheduling conference. That means we must confer prior to May 6th, which is a week from today.
I would suggest we meet in Springfield at Ms. Robertson's office on May 5th or 6th for what may take several hours since the instructions from the court indicate that we must:
1) prepare an agenda of matters to be discussed at the scheduling conference
2) prepare a proposed pretrial schedule including discovery plan
3) consider whether to consent to a magistrate
4) agree on a joint statement regarding scheduling and time for all discovery events,
5) propose a schedule for the filing of motions
6) discuss budgetary issues
I will, at that time, have prepared for you a written settlement proposal.
If that location is not acceptable please let me know and I will arrange a room at the library in Monson. Please let me know what time will be convenient for the three of you.
I wish to remind you that fax transmission constitutes legal service.
This letter is being faxed to the above named defense counsels on April 30, 1999. My transmission reports will be proof that this fax was received by the appropriate persons.
Sincerely,
Judy Morris, MD
May 30, 1999 - Katherine Robertson left a message on my answer machine saying we could have the conference at 10:00 am on May 5th BY PHONE.
I E-mailed and faxed the following response:
Ten o'clock in the morning on Wednesday, May 5th is fine with me. I would prefer to meet face to face however. I expect this meeting to take several hours since the notice I got from the courts expects us to cover a lot of ground.
Either way, in person or on the phone, I will be tape recording. My short term memory is sometimes a problem and since the details of what we discuss might later become problematic, I need to know that my memory of what was said is accurate. If you have a problem with me tape recording meetings when my memory is known to be faulty, when I am in a situation that I am not used to and when I am dealing with complex issues upon which verbal agreements may be made, then please take it up with the judge.
I don't trust my memory in these types of situations and I will not back down on this requirement. I will also probably be accompanied by someone or have them listening on the extension to help keep me on track and jog my memory.
I think there is no reason why not to use the modern technology available to us to make sure that I KNOW exactly what we talked about, what you said, and what I said.
Please confirm this message.
Judy Morris, MD
PRO SE
I subsequently recieved a letter from the Hospital's lawyer stating that since I hadn't specifically mentioned any allegations against them in my Amended complaint, they considered themselves dismissed from the lawsuit.
May 2, 1999 - I faxed Pat Peard and Katherine Robertson the following:
MEMO REGARDING OUT MEETING FOR MAY 5, 1999 at 10:00am
Dear Ms. Peard and Ms. Robertson,
It has become apparent to me that our meeting on Wednesday is going to be quite lengthy and detailed. It would be impossible to conduct this meeting by telephone.
There are numerous issues we need to meet and agree on such as:
The contents of the administrative record
I will need to review with you all the documents that UNUM sent me and see if they concur with UNUM's administrative records that will be submitted to the court. It it doesn't there may be a problem.
The standard of review
The preparation of the joint statement
Budgetary issues
A Schedule for interrogatories, document production and motions
Documents you will agree to produce without my having to get Motions to Compel from the Court
The other issues the Court wishes us to address
Because I need to compare documents with you, I cannot possibly agree to conduct this meeting over the telephone.
I you are agreeable I will come to Ms. Robertson's office and plan to spend several hours, or as long as it takes to accomplish our agenda.
I wish to remind you that fax transmission constitutes legal service/notice.
Yours truly,
Judy Morris, MD
May 3, 1999- I recieved this fax.
This letter is in response to your fascimile transmissions of April 29, 1999 and May 2, 1999 and your e-mail of April 30, 1999. Please note that I did not receive the e-mail message because it was misaddressed.
Counsel for the parties are not required to confer in person prior to the initial scheduling conference, and we will not agree to do so. Ms. Peard and I also will not consent to having any conference between the parties, either by telephone or in person, videotaped or audiotaped. If you are not willing to confer by phone on May 5th, 1999 at 10:00 am, or at another time convenient to you, without taping the conversation, we will send you our proposed joint scheduling Statement for Initial Scheduling Conference. You may then let us know whether you agree to our proposals or request additions or revisions.
Please let me know as soon as possible whether you will confer by telephone on May 5th without taping the conversation.
Yours very truly,
Katherine Robertson
My response:
May 3, 1990, 10:25 am
Dear Ms. Peard and Ms. Robertson,
I will re-iterate my previous message to you. The court has given us an EXTENSIVE agenda of things to be discussed. I do not trust my memory.
I also want to see what documents you claim to have in your administrative
file so I can see if they are the same documents that were sent to me when I requested my files and what has gone in since my denial and appeal (since UNUM ignored my subsequent request in September 1997 to send me the filed).
Please tell me the EXACT REASON WHY YOU OBJECT TO:
1) meeting in person - if 10:00am Wednesday is not convenient, that time can be changed
2) why you will not allow me to assist my memory by tape recording. You have claimed you planned to deal with me in good faith. The only reason I can think of why you would object to having an EXACT record of this meeting or any other conversation is because you plan to say something you would not want me to have proof of your saying. I am not afraid to have ANYTHING I say recorded or repeated (as long as it's done in context and a tape recording assists in this)
I will not allow you to further victimize me by putting me in an inferior position with regards to negotiation. I am perfectly willing to meet with you anytime, anywhere or talk to you anytime, anywhere and about anything.
BUT I WILL insist that I be able to have an accurate record and tape recording is the most accurate and easy way to do this.
I do not see how we can comply with the agenda set up by the court for discussion over the telephone. It will take far longer than necessary and add to the confusion. I am perfectly willing to come to YOUR office in Springfield.
If you wish to fax me the material you spoke of in your fax prior to our meeting that is fine with me. I want to see my administrative record and what you claim is in it when we meet.
My next letter will be to the judge.
Yours truly,
Judy Morris, MD
Judydoc
Date: Mon, 3 May 1999 20:21:43 -0400
Subject: Stupid Judges!!
Well, my only consolation is that the Appeals Court judges had some
brains and that Kearney had the funds and stamina to continue his case.
For an eye opening experience about the stupidity of judges (and I'm
somewhat concerned that my District Court decision will be similar to
Kearney's) please read the following appeal:
http://caselaw.findlaw.com/cgi-bin/getcase.pl?court=9th&navby=case&no=9616539&exact=1
So what do you guys think? Is ER doctor also a "sedentary" job?
Maybe I'll take a poll of "reasonable" citizens since that is supposed to
be the standard these things are decided on.
Judydoc
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Created: May 4, 1999
Last Updated: May 28, 2000