A letter to Robert Pierce, Attorney for Harrington Hospital in response to his telephone message of Secember 17, 1998.



       Judy Morris, MD
       261 Bumstead Rd.
       Monson, MA  01057
       1/1/99

Robert R.  Pierce
Gretchen Brodnicki
Pierce & Mandell, P.C.
11 Beacon Street, Suite 800
Boston, MA  02108

Dear Mr. Pierce and Ms. Brodnicki,

I am writing this letter to sum up our telephone messages and
conversations of the past few weeks.

On Thursday, Dec. 17, while out of town, I called to retrieve my
messages and Mr. Pierce had left a message for me stating that he wished
to have a conference as required by Local Rule 7.1(2) prior to filing a
motion to dismiss.

Since I was doing very poorly that day and for a few days after, I
didn^t return the call until Saturday, Dec. 19, at which point I told
you I was in the middle of a relapse and requested we wait to confer
until I was feeling better and I would call you as soon as I felt able
to.

I did call you about 4:00 pm on Wednesday, Dec. 23 which was actually
shortly after I^d had a good chance to rest and the exhaustion was
lifting. You were not in the office so I left a message for you.  I
requested we postpone the conference until after Christmas.

You called and left a message for me on Thursday, Dec. 24, when I was
out,
stating verbatim:
^Dr. Morris, my name is Bob Pierce returning your call from yesterday.
Um, feel free to give me a call.  I^m leaving for the Christmas holidays
today and won^t be back until Monday so feel free to give me a call on
Monday.  OK.
Thank you very much.^

However you had already mailed by FedEX on Dec. 22, arriving at my house
in Dec. 24, your motion to dismiss.

Mr. Pierce, I mailed to Mr. Mangion and Harrington their copies of the
Complaint and Waiver of Service in October.  Mr. Mangion returned to me
Waivers of Service signed October 31.  Because you were served by waiver
of
service instead of summons, you had 60 days instead of 20 days to
respond. Notwithstanding the length of the lawsuit, you waited OVER SIX
WEEKS to request this conference.  I do not think you are dealing with
me in GOOD FAITH as the rules require.

Since I do not know if the court^s consider leaving a message on the
plaintiff^s answering machine at the last minute a GOOD FAITH effort, I
am
forced to respond to your motion.

On December 29 at 1:00pm, I did, in fact, confer with Gretchen Brodnicki
by
phone about my motion to include a more definite statement.  I told her
my feelings that had Harrington and Mr. Mangion complied with their
fiduciary and contractual duties and made any actual efforts to help me
get my benefits paid, and not ignored my repeated requests, they might
not have been named in the lawsuit. I suggested that it was still not
too late for my former employer to do something.  Ms. Brodnicki^s
response was essentially silences.

(Now I^m thinking there WAS another phone call a day or two prior to
this where I told you  essentially the same thing.  I remember now, you
woke me up while I was napping and you made sure to ask if I was tape
recording the conversation.  I told you I wasn^t but I don^t remember
much more about that conversation which is why I need to tape record
these conversations. I think you might have offered me an extension and
I told you I^d think about it.)

As I said, I am relating these interactions to the best of my
recollection.
If you have a different version of these events, I suggest you write me
a letter explaining them within 10 days.

I hope the judge will be interested in hearing how much effort YOU are
making
into complying with the court rules, meanwhile invoking rules and
citations to try to have my valid complaints dismissed on
technicalities.

I look forward to hearing from you, HOPEFULLY IN GOOD FAITH NEXT TIME.
Meanwhile, you and the rest of the defendants are keeping me quite busy
answering motions to dismiss when NONE OF YOU has made any attempt to
deal with me in good faith.

Yours truly,


Judy Morris, MD

Certificate of Service
I hereby certify that on January 2, 1999, I mailed a true and correct
copy
of the foregoing document postage prepaid to Bob Pierce and Mr. Mangion.



Judy Morris, MD
PRO SE





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The URL for this document is:
http://graham.main.nc.us/~bhammel/INS/DOCS/ltr010199.html
Created: January 6, 1999
Last Updated: May 28, 2000