STATE OF MAINE ANDROSCOGGIN, SS.
SISTERS OF CHARITY HEALTH SYSTEM, INC.,
Plaintiff
v. DECISION AND JUDGMENT
DOUGLAS FARRAGO, MD., CAROLYN KASE, D.O., and RAYMOND STONE, D.O.,
Defendants
This is an action tried to the court wherein the plaintiff seeks damages and
injunctive relief to enforce the terms of an employment contract.1
Sisters of Charity Health System, Inc. (SOCHS) and the defendants entered into
employment contracts in 2003. (See exhibits 71, 72, and 73 entitled "Agreement for
Professional Services") In all material aspects they were identical and provided a
section for "Limitation of Practice." Each of the defendants terminated their
employment with SOCHS effective December 31, 2006, at which time each of them
became employees of Central Maine Medical Center (CMMC).2
Paragraph 15 of the employment agreements (Agreement) addresses the issue of
termination by either or both parties. Under some circumstances, there would be no
penalty or restrictions upon the defendants continuing to practice in the Lewiston
1 During the trial process, the court was informed that Central Maine Medical Center (CMMC), the defendants' current employer has agreed to indemnify the defendants for any damages that may be awarded to plaintiff, even though it is not a party. The court is not aware of the terms, conditions, or limitations.
2 To the extent that the court sets out facts, they constitute findings of fact by a preponderance of evidence unless otherwise noted. Auburn area; however, the plaintiff says that the defendants do not fall into any of the
exceptions.
Paragraph 17 of the Agreements places limitations upon the defendants if they
separate their services from SOCHS without consent or in violation of the agreement.
The defendants voluntarily terminated their relationship with SOCHS on
December 31, 2006. The plaintiff seeks to invoke the restrictions of paragraph 17A;
which, in essence, prohibits the defendants from directly or indirectly practicing
medicine "in the employ of or under contract with Central Maine Healthcare
Corporation (CMHC) or any of its affiliates or subsidiaries ... within a radius of 25
miles of 99 Campus Avenue, Lewiston, Maine, for a period of two (2) years from the
date of termination." Agreement, exhibits 71, 72, 73, & '[ 17A.
The Agreement further provides that a defendant could avoid the territorial and
time limitations on practice by maintaining active admitting privileges at St. Mary's and
"maintains no staff or admitting privileges at Central Maine Medical Center [or the]
physician may practice medicine in breach of this restrictive covenant with the
written consent of the Employer's [SOCHS] Chief Executive Officer." Agreement,
<[ 17A. It is undisputed that the defendants do not fall into any of these exceptions.
In a separate section of the Agreement, paragraph 17B, the parties mutually
agreed that the restrictive covenant "is reasonable as to duration, geographic area and
the nature of the practice protected." Agreement, '[ 17B.
Thus, the limitation on practice is not absolute. Even after separation from
SOCHS, each defendant could continue to practice locally without restriction by paying
$100,000 to SOCHS as liquidated damages. This is essentially a "buy-out" to be
released from the restrictive covenants. The Agreement specifically refers to it as
2 representing SaCHS's "reasonable liquidated damages, and is not a penalty."
Agreement, <[ 17C.3
Because the physicians do not fall into anyone of the recognized exceptions,
saCHS claims it is entitled to injunctive relief in addition to any other rights or
remedies it may have, including attorney fees and costs. Agreement, <[ 170.
The contracts at issue are between SaCHS and each defendant. As SaCHS
employees, their physician services were leased to Community Clinical Services (CCS),
one of several subsidiaries under the SaCHS health care umbrella. CCS is a physician
office practice that maintains a number of separate physician offices in the greater
Lewiston-Auburn area. Each of the defendants worked at the Court Street Family
Practice (CSFP) office in Auburn. At the time they terminated their employment, there
were approximately 4800 patients at CSFP. The evidence shows that after the
defendants left their affiliation with SaCHS and contracted with CMMC that 1374
patients transferred their records from SCFP to CMMC. Although it is not known why
all of them transferred, it is a fair inference that many of them did so to continue their
relationship with the defendants as their treating physicians.
SMRMC and CCS are separate legal entities but clearly fall under the SaCHS
umbrella of management, services and financing. Through an employee leasing
arrangement, SaCHS provides the physician services to enable CCS to render services
at its multiple locations.
The defendants argue that SaCHS is the sole party to the contract and that it has
not incurred any damages because St. Mary's Regional Medical Center (SMRMC) and
CCS are separate entities that were the direct beneficiaries of defendants services.
3 It is more than curious to the court that the defendants' new contracts with CMMC are significantly more restrictive upon separation than the contracts at issue here, which they claim are unenforceable for a number of reasons.
3 The court finds that although there are multiple entities involved here, they are
all under the overall umbrella and management of SaCHS and directly or indirectly
support SMRMC, the primary business of SaCHS in Lewiston. SaCHS had a
legitimate interest in protecting the viability of SMRMC as a quality general hospital in
central Maine.
The contractual limitation on practice here is unambiguous. Its interpretation is
a question of law. See Reid v. Town of Mount Vernon, 2007 ME 125, en 29, 932 A.2d 539,
546-47.
The plaintiff urges the court to find that the defendants entered into the contracts
in bad faith and that they never intended to honor the limitations or restrictions on
termination. This is supported by the testimony of defendant Raymond Stone. See Trial
Transcript (TT), p. 18, lines 7-22. He takes this position because the contract was
presented to him as a done deal, non-negotiable, and he believed he did not have any
option other than except to sign it; nevertheless he did, and the plaintiff provided her
and the other defendants with compensation, a patient base, and facilities for
examination and treatment of patients.
The court finds that the provision for Limitation of Practices is reasonable and
integral to the contract.
The defendants argue that the restrictive covenants of the contract are against
public policy. The court acknowledges that in an ideal world, anybody should be free
to go when and where they want to pursue and practice their profession, especially
physicians who, presumably, are providing for the public good. Unfortunately,
medicine and healthcare today are big business and the governing corporate entities
must act to protect their continued viability to provide for the overall well-being of its
patient base and the community.
4 The reasonableness of a non-competition covenant is a question of law that must
be determined by the facts developed in each case as to its duration, geographical area,
and the interests sought to be protected. See Brignull v. Albert, 666 A.2d 82, 84
(Me. 1995).
The purpose of the Limitation of Practice was to prevent the defendants from
taking the patients and/ or good will of CSFP and CCS. See TT (Keiler), pp. 119-20, lines
19-13; pp. 182-84, line 24-4. This is supported by the limited geographic scope (25 miles)
and limited duration (2 years); i.e, it would be less likely that patients would follow the
defendants if they relocated more than twenty-five miles from Lewiston or they
returned to the local area after two years. The scope of the limitation of practice is,
accordingly, reasonable to affect its intended purpose. 4
saCHS had an obvious and legitimate business interest in preventing the
defendants from taking patients from CCS. First, as a condition of CCS being approved
by the federal government, SaCHS was required to guarantee that it would cover
CCS's annual operating losses-which it has done and continues to do. See TT (Keiler),
p. 110, lines 13-22; pp. 112-14, lines 21-3. In light of this obligation, SaCHS would
necessarily suffer direct injury if the defendants terminated their employment and their
patients followed them from CFSP and CCS to CMMC. 5
4 The defendants have acknowledged that the limitation of practice is, in fact, less restrictive than the practice limitation contained in their current employment contracts with CMMC. See IT (Stone), pp. 94-95, lines 11-5.
5 SaCHS also had a legitimate business interest in having the defendants retain their staff privileges at SMRMC even if they chose to terminate their employment with SaCHS. In this regard, the valuable benefits derived by SMRMC if physicians retain staff privileges include the physician's obligation to participate in quality assurance and peer review, participate in on-call rotation for emergency services, care and consultation, serve on medical staff committees, supervision of provisional appointees and allied health professionals, and a variety of other services (set forth in paragraph 2 of the respective employment contracts), all of which have "a tremendous value to the organization." See IT (Keiler), pp. 121-22, lines 21-13.
5 In addition to the federal government's requirement that it guaranty CCS's
economic viability, SaCHS also had a historical and practical interest in preventing
employed physicians from taking its patients. SaCHS is an integrated healthcare
system which supports and manages a variety of sponsored entities, including SMRMC
and CCS, and is the entity representing the consolidated financial statements for the
entire healthcare system. 6
Although CCS as a corporation is in good standing, it is not currently and has
never been an economically viable entity by itself? See TT (Kasabian), pp. 206-07, lines
10-7. In order to best serve the Lewiston-Auburn community and maintain the
presence of primary care providers, SaCHS provides CCS with millions of dollars
every year, without which CCS would cease to operate and the community would be
deprived of necessary medical services. See TT (Keiler, pp. 111-12, lines 19-3. SaCHS's
commitment to the community, as evidenced by its historical support of CCS, gives it
an equitable basis to protect CCS from sustaining additional losses, including the loss of
patients.
The defendants assert that the Limitation of Practice is unenforceable since it
improperly seeks to influence referral patterns of physicians who terminate their
6 The degree of integration is evidenced by the fact that saCHS controls a single depository bank account for it and its subsidiaries, including CCS and SMRMC. See TT (Kasabian), p. 207, lines 8-18. Funds within that account are not actually transferred by and between the parent and subsidiaries-but are "reallocated" or "renamed" on an internal schedule maintained by SaCHS. See IT (Kasabian), pp. 207-8, lines 19-10. SaCHS has complete control of these internal reallocations and could enter them at any time and for any reason it so chooses. With respect to its subsidization of CCS, saCHS used to first reallocate funds from SMRMC (which generates virtually all income for the health system) to SaCHS, and then reallocate those same funds again to CCS. SaCHS discontinued this burdensome process a few years ago in favor of simply reallocating funds from SMRMC to CCS. See TT (Kasabian), pp. 209-10, lines 10-20.
7 At all relevant times, CCS had two employees: an executive director and social worker. All of CCS's support and maintenance staff are employed by SaCHS-as are the more than sixty physicians who work at CCS. And, although CCS is contractually obligated to pay saCHS for these various services, SaCHS has forgiven such payments as a component of its continued subsidization of CCS. See IT {Keiler}, pp. 188-91, lines 6-24.
6 employment and wish to remain in the Lewiston-Auburn community. More
specifically, the defendants argue that the intent and practical result in the Limitation of
Practice is to force them to either refer all or most of their patients to SMRMS or pay
SaCHS $100,000 for the ability to refer their patients elsewhere;6 however, each of the
defendants testified that their only consideration in making referrals is in the best
interests of their patients and that nothing could induce them to deviate from that
principle. See TT (Stone), pp. 48-51, lines 12-9; p. 93, lines 11-20. The defendants further
admitted that while employed at CCS they referred patients to CMMC and still refer
patients from their practice at CMMC to SMRMC. See TT (Stone), p. 51, lines 13-24; pp.
85-86, lines 22-2; pp. 98-99, lines 16-8.
The difficulty in estimating damages is further evidenced by the fact that some
patients will obviously generate more revenue than others over time and it is essentially
impossible to determine which patients will in fact leave or how much revenue those
patients would generate. See IT (Kasabian), pp. 287-89, lines 10-2.
Finally, the evidence establishes that it takes approximately two to three years for
a replacement physician to generate income at a level commensurate with that of an
established physician-and that this is more difficult when the formerly employed
physician remains in the local community (as opposed to the physician leaving the
service area). See TT (Keiler), pp. 182-84, lines 24-4.
The defendants also initially testified that the Limitation of Practice prevented
them from having their patients admitted to CMMC for in-patient services (again,
under the assumption that they terminated with SaCHS, remained in the Lewiston
Auburn area, retained their privileges with SMRMC, and did not have privileges at
8 The defendants would be free to refer their patients to any hospital other than SMRMC except to CMMC.
7 CMMC). Aside from the fact that in-patient service referrals represent a very small
percentage of the defendants' total referrals, this argument is also contradicted by the
evidence. In this regard, the defendants testified that most admissions to CMMC are
now done through its hospitalist program, and that they could, at any time, have had
their patients admitted to CMMC through a hospitalist even if they did not have staff or
admitting privileges at CMMC. See TT (Stone), pp. 96-97, lines 17-18.
In sum, the evidence establishes that the Limitation of Practice does not effect
patient referrals and, therefore, is not against policy.
When the contract was executed, it was not possible to gauge the patient impact
loss if the defendants, as they did, were to become subjects in the raiding game as
CMMC enticed them away from SaCHS.
The limitation on practice was aimed at just this scenario. The doctors'
departures under almost any other circumstances would not have such an adverse
impact.
With the potential of losing a substantial portion of CSFP's revenue, and
recognizing that it takes several years for a replacement physician to develop a full
panel of patients, the court finds that the $100,000 liquidated damage figure presents "a
good-faith attempt to fix a sum as the equivalent of the prospective injury." See Raisin
Mem'l Trust v. Casey, 2008 ME 63, <[ 16, 956 A.2d 1211, 1215 (citations omitted).9
CONCLUSION
Each of the defendants had a bona fide legal contract between them and SOCHS.
Each of the contracts clearly contemplated that their services may be assigned to other
9 The reasonableness of the $100,000 liquidated damage figure is further supported by the fact that the defendant's current employment contract with CMMC uses an identical figure. See IT (Keiler), p. 115, lines 4-24.
8 entities within SOCHS health care family. The court finds that the plaintiff is entitled to
judgment and enforcement of the restrictions in paragraph 17 of the contracts. The
clerk will make the following entries as the Decision and Judgment of the court:
A. Judgment for plaintiff Sisters of Charity Health Systems, Inc., against defendant Douglas Farrago, M.D., on Count I of the complaint.
B. Judgment for plaintiff Sisters of Charity Health Systems, Inc., against defendant Carolyn Kase, D.O., on Count II of the complaint.
C. Judgment for plaintiff Sisters of Charity Health Systems, Inc., against defendant Raymond Stone, D.O. on Count III of the complaint.
D. The court determines that to enforce the contract by prohibiting the defendants from practicing in the local area and from referring or admitting patients to Central Maine Medical Center would not be in the best interests of over 1300 patients and is detrimental to their healthcare needs and the adverse impact to the patients would outweigh any harm to the plaintiff.
E. Whereas the liquidated damages proVIsIOn of each contract is reasonable under the circumstances, it is ordered, adjudged, and decreed that the plaintiff is awarded damages of $100,000 to be paid by each defendant, severally.
F. Plaintiff, Sisters of Charity Health Systems, Inc. is entitled to costs and interest as allowed by statute and rule. to
G. The plaintiff is awarded reasonable attorneys fees. Counsel for plaintiffs shall submit to the court a statement of services relative to prosecution of plaintiff's claims, supported by affidavit. Counsel for defendants may oppose the request pursuant to M.R. Civ. P. 7(c)(2).
SO ORDERED.
DATED: May 3,2010
10 Prejudgment interest is allowed at 7.99% and post-judgment interest at 6.41%.
9 SISTERS OF CHARITY HEALTH SYSTEM, INC - PLAINTIFF SUPERIOR COURT ANDROSCOGGIN, ss. Attorney for: SISTERS OF CHARITY HEALTH SYSTEM, INC Docket No AUBSC-CV-2007-00092 JAMES MARTEMUCCI - RETAINED 04/27/2007 GERMANI MARTEMUCCI RIGGLE & HILL 43 DEERING STREET DOCKET RECORD PORTLAND ME 04101
Attorney for: SISTERS OF C¥ARITY HEALTH SYSTEM, INC KENNETH J ALBERT III - RETAINED 04/27/2007 NORMAN HANSON & DETROY 100 LISBON STREET PO BOX 7230 LEWISTON ME 04243-7230
Attorney for: SISTERS OF CHARITY HEALTH SYSTEM, INC L JOHN TOPCHIK - RETAINED 11/24/2008 GERMANI MARTEMUCCI RIGGLE & HILL 43 DEERING STREET PORTLAND ME 04101
vs DOUGLAS FARRAGO MD - DEFENDANT
Attorney for: DOUGLAS FARRAGO MD MICHAEL POULIN - RETAINED 05/14/2007 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200
Attorney for: DOUGLAS FARRAGO MD MARC N FRENETTE - RETAINED 10/30/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200
CAROLYN KASE DO - DEFENDANT
Attorney for: CAROLYN KASE DO MICHAEL POULIN - RETAINED 05/14/2007 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200
Attorney for: CAROLYN KASE DO MARC N FRENETTE - RETAINED 10/30/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200
RAYMOND STONE DO - DEFENDANT Page 1 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD Attorney for: RAYMOND STONE DO MICHAEL POULIN - RETAINED 05/14/2007 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200
Attorney for: RAYMOND STONE DO MARC N FRENETTE - RETAINED 10/30/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200
Filing Document: COMPLAINT Minor Case Type: CONTRACT Filing Date: 04/27/2007
Docket Events: 04/27/2007 FILING DOCUMENT - COMPLAINT FILED ON 04/27/2007
04/27/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC ATTORNEY - RETAINED ENTERED ON 04/27/2007 Plaintiff's Attorney: JAMES MARTEMUCCI
04/27/2007 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC ATTORNEY - RETAINED ENTERED ON 04/27/2007 Plaintiff's Attorney: KENNETH J ALBERT III
04/27/2007 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 04/27/2007
04/27/2007 Party(s): CAROLYN KASE DO,RAYMOND STONE DO SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 04/27/2007
04/27/2007 Party(s): CAROLYN KASE DO,RAYMOND STONE DO SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 04/23/2007
04/27/2007 Party(s): DOUGLAS FARRAGO MD SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 04/27/2007
04/27/2007 Party(s): DOUGLAS FARRAGO MD SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 04/23/2007
05/15/2007 Party(s): DOUGLAS FARRAGO MD ATTORNEY - RETAINED ENTERED ON 05/14/2007 Defendant's Attorney: MICHAEL POULIN
party(s): CAROLYN KASE DO ATTORNEY - RETAINED ENTERED ON 05/14/2007 Defendant's Attorney: MICHAEL POULIN
Party(s): RAYMOND STONE DO ATTORNEY - RETAINED ENTERED ON 05/14/2007 Defendant's Attorney: MICHAEL POULIN Page 2 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
05/15/2007 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 05/14/2007
05/15/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - APPROVAL ATTACH/TRUSTEE PROC FILED ON 04/24/2007 WITH MEMORANDUM OF LAW, DRAFT ORDER, NOTICE OF HEARING;DEFS' OPPOSITION FILED 5/14/07; REC'D 05-22-07: PLTS REPLY FILED. REC'D 5-30-07: DEFS' OBJ AND MOTION TO STRIKE PLT'S REPLY MEMORANDUM AND SUPPLEMENTAL AFFIDAVIT FILED.
05/15/2007 ORDER - SCHEDULING ORDER ENTERED ON 05/15/2007 ELLEN A GORMAN , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL
05/15/2007 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 01/15/2008
05/15/2007 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 05/15/2007 ELLEN A GORMAN , JUSTICE
OS/29/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - APPROVAL ATTACH/TRUSTEE PROC DENIED ON OS/25/2007 ELLEN A GORMAN , JUSTICE AS COURT CANNOT FIND, BASED ON DOCUMENTS FILED, THAT PLAINTIFF IS MORE LIKELY THAN NOT TO RECOVER JUDGMENTS OF $250,000 AGAINST EACH INDIVIDUAL DEFENDANT. COPIES TO COUNSEL ON 5 29-07
06/22/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 06/22/2007 PLT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON DEF FARRAGO MD, KASE MD AND STONE DO; PLT'S INTERROGATORIES PROPOUNDED UPON DEFS FARRAGO MD, KASE ME AND STONE DO SERVED ONTO MICHAEL POULIN ESQ ON 6/21/07
07/16/2007 ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 07/13/2007 AGREED TO USE KENNETH LEHMAN ESQ
08/01/2007 Party{s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 07/30/2007 PLT FOR THE DESIGNATION OF EXPERT WITNESSES
08/03/2007 Party{s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 08/03/2007 ELLEN A GORMAN , JUSTICE PLT SHALL DESIGNATE ITS EXPERTS ON OR BEFORE AUGUST 29, 2007 COPIES TO COUNSEL ON 8-3-07
08/17/2007 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/16/2007 ANSWERS TO INTERROGATORIES PROPOUNDED UPON DEF'S AND RESPONSES TO PLT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON DEF'S SERVED ONTO JAMES MARTEMUCCI ESQ ON 8/16/07
08/21/2007 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/20/2007 DEFS' REQUEST FOR ADMISSIONS UNDER RULE 36 SERVED ONTO JAMES MARTEMUCCI ESQ ON 8/17/07 Page 3 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
08/23/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/23/2007 DEFS' SECOND REQUEST FOR ADMISSIONS UNDER RULE 36 SERVED ONTO JAMES MARTEMUCCI ESQ ON 8/22/07
08/29/2007 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/28/2007 DEFENDANT'S FIRST SET OF INTERROGATORIES PROPOUNDED UPON PLAINTIFF SERVED ON JAMES F MARTEMUCCI ESQ ON 8/27/2007
08/30/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 08/30/2007 ADR DEADLINES
08/30/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/30/2007 PLT'S DESIGNATION OF EXPERTS SERVED ON MICHAEL R POULIN ESQ. ON 8/29/2007
08/31/2007 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/30/2007 DEF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON PLT SERVED ON JAMES MARTEMUCCI ESQ. ON 8/30/2007
09/05/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 08/31/2007 ELLEN A GORMAN , JUSTICE I ADR TO BE COMPLETED BY 11-16-07 COPIES TO COUNSEL ON 9-5-07
09/17/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/17/2007 PLT'S RESPONSE TO DEF'S FIRST REQUEST FOR ADMISSIONS AND PLT'S RESPONSE TO DEF'S SECOND REQUEST FOR ADMISSIONS SERVED ON MICHAEL POULIN ESQ ON 9/14/07
09/18/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/18/2007 PLTS OBJECTIONS TO DEF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND PLT OBJECTIONS TO DEF INTERROGATORIES SERVED ON MICHAEL R POULIN ESQ. ON 9/17/2007
09/27/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 09/24/2007 FOR SUPPLEMENTING DESIGNATION OF PLAINTIFF'S EXPERT WITNESSES
09/28/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 09/27/2007 ELLEN A GORMAN , JUSTICE PLT SHALL SUBMIT SAID SUPPLEMENTATION OR OR BEFORE 10-19-07. COPIES TO COUNSEL ON 9-27-07
10/02/2007 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 09/28/2007 FOR DESIGNATION OF EXPERT WITNESSES
10/04/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC Page 4 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/04/2007 DEF'S SECOND SET OF INTERROGATORIES PROPOUNDED UPON PLT SERVED ON JAMES MARTEMUCCI ESQ ON 10/3/07
10/05/2007 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 10/04/2007 JOYCE A WHEELER , JUDGE DEFENDANT SHALL SUBMIT SAID DESIGNATION ON OR BEFORE DECEMBER 19, 2007. COPIES TO COUNSEL ON 10-4-07
10/05/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/05/2007 PLT'S OBJECTIONS TO DEF'S SECOND SET OF INTERROGATORIES SERVED ON MICHAEL POULIN ESQ ON 10/4/07
10/24/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/22/2007 SUPPLEMENT TO PLT'S EXPERT WITNESS DESIGNATION SERVED ON MICHAEL POULIN ESQ ON 10/19/07
10/24/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC OTHER FILING - DESIGNATION OF EXPERT WITNESS FILED ON 10/22/2007 SUPPLEMENTAL DESIG OF EXPERT WITNESSES
10/31/2007 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/29/2007 PLT'S RESPONSES TO DEF'S FIRST REQUEST FOR PRODUCTION OF DOCS AND PLT'S ANSWERS TO DEF'S FIRST SET OF INTERROGATORIES SERVED ON MICHAEL POULIN ESQ ON 10/25/07
11/15/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 11/15/2007 FOR ADR CONFERENCE
12/05/2007 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 11/30/2007 JOYCE A WHEELER , JUDGE ADR SHALL BE COMPLETE ON OR BEFORE JANUARY 21, 2008. COPIES TO COUNSEL ON 12-05-07
12/18/2007 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/17/2007 DEF THIRD REQUEST FOR ADMISSIONS UNDER RULE 36 SERVED ON KENNETH ALBERT ESQ ON 12/14/07
12/27/2007 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION EXTEND DISCOVERY FILED ON 12/26/2007 WITH DRAFT ORDER
01/08/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION EXTEND DISCOVERY GRANTED ON 01/07/2008 JOYCE A WHEELER , JUDGE DISCOVERY DEADLINE IS MARCH 15, 2008. COPIES TO COUNSEL ON 1-8-08
01/08/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 03/15/2008
01/11/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC Page 5 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/10/2008 NOTICE TO TAKE ORAL DEPOSITIONS OF NANCY FANNON, DOUG MILLER AND SUSAN KElLER SERVED ON JAMES MARTEMUCCI, ESQ. ON 1-9-08
01/11/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/10/2008 PLT'S ANSWERS TO DEFENDANT'S SECOND SET OF INTERROGATORIES SERVED ON MICHAEL POULIN, ESQ. ON JANUARY 8, 2008
01/15/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/11/2008 PLT'S RESPONSE TO DEFENDANTS' THIRD REQUET FOR ADMISSIONS SERVED ON MICHAEL POULIN, ESQ. ON JANUARY 10, 2008
01/28/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC,DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/28/2008 PLAINTIFFS NOTICE TO TAKE DEPOSITION OF DOUGLAS FARRAGO MD PLAINTIFFS NOTICE TO TAKE DEPOSITION OF RAYMOND STONE DO AND PLAINTIFFS NOTICE TO TAKE DEPOSITION OF CAROLYN KASE DO SERVED TO MICHAEL R PULIN ESQ ON JANUARY 28, 2008
01/29/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 01/25/2008 ADR DEADLINES
01/31/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 01/30/2008 JOYCE A WHEELER , JUDGE ADR DEADLINE EXTENDED TO APRIL 15, 2008 COPIES TO COUNSEL ON 1-30-08
02/19/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/19/2007 PLAINTIFFS RESPONSE TO DEFENDANTS FOURTH REQUEST FOR ADMISSIONS SERVED TO MICHAEL R. POULIN ESQ ON FEB 14, 2007
02/21/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/21/2008 NOTICE TO TAKE CORPORATE DEPOSITION OF CHARITY HEALTH SYSTEM INC , COMMUNITY CLINICAL SERVICES INC AND OF ST MARYS REGIOAL MEDICAL CENTER SERVED TO JAMES F MARTEMUCCI ESQ AND KENNETH JALBERT ESQ ON FEB 20, 2008
02/28/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/28/2008 PLAINTIFFS SUPPLEMENTAL RESPONSE TO DEFENDANTS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS SERVED TO MICHAEL R. POULIN ESQ ON FEB 27, 2008
02/28/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/28/2008 PLAINTIFFS AMENDED NOTICE TO TAKE DEPOSTION OF CAROLYN KASE DO SERVED TO MICHAEL R. POULIN ESQ ON 2-25-08
03/06/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/05/2008 Page 6 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
PLAINTIFFS OBJECTION TO DEFENDANTS NOTICE TO TAKE CORPORATE DEPOSITIONS OF SISTERS OF CHARITY HEALTH SYSTEM INC. SERVED TO MICHAEL R. POULIN ESQ ON 3-3-08
03/06/2008 Party(s): DOUGLAS FARRAGO MD DISCOVERY FILING - RULE 26(G) LETTER FILED ON 03/06/2008 DEFENDANT
03/07/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/07/2008 PLAINTIFF'S SUPPLEMENTAL RESPONSES TO DEFENDANTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS SERVED ON MICHEAL POULIN, ESQ. ON MARCH 6, 2008
03/11/2008 HEARING - 26(G) CONFERENCE HELD ON 03/10/2008 JOYCE A WHEELER , JUDGE Defendant's Attorney: MICHAEL POULIN Plaintiff's Attorney: JAMES MARTE MUCCI JOHN GEISMAR, ESQ. 1) DEF TO TAKE SOCHS DEPO FIRST. REQUEST #4 TO SUBPOENA TO BE PRODUCED. 2) DEF MAY THAN TAKE CCS AND ST MARY'S DEPOS RESERVING FOR PLTS RIGHT TO OBJECT TO SUBPOENA CONNECTED TO DEPO NOTICES 3) PLTS SHALL ANSWER INT #7,8,9; PLTS SHALL RESPOND TO REQUESTS 2C, 14C, 15C, 16C. COPIES TO COUNSEL ON 3-11-08
03/25/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/25/2008 PLAINTIFFS SUPPLEMENTAL RESPONSES TO DEFENDANTS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND PLAINTIFFS SUPPLEMENTAL ANSWERS TO DEFENDANTS FIRST SET OF INTERROGATORIES SERVED TO MICHAEL R. POULIN ESQ ON 3-21-08
04/03/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC OTHER FILING - WITNESS LIST FILED ON 04/02/2008
04/03/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC OTHER FILING - EXHIBIT LIST FILED ON 04/02/2008
04/03/2008 OTHER FILING - STATEMENT OF TIME FOR TRIAL FILED ON 04/02/2008
04/17/2008 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION TO AMEND PLEADING FILED ON 04/14/2008 SCHEDULING ORDER REC'D 04-15-08: PLT'S PARTIAL OBJECTION FILED.
04/22/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION TO AMEND PLEADING GRANTED ON 04/18/2008 JOYCE A WHEELER , JUDGE THE DEADLINE FOR DEFENDANTS TO FILE A MOTION FOR SUMMARY JUDGMENT IS EXTENDED TO MAY 5, 2008. COPIES TO COUNSEL ON 4-22-08
04/30/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/30/2008 PLAINTIFFS SUPPLEMENTAL RESPONSES TO DEFENDANTS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS SERVED TO MICHAEL R POULIN ESQ ON 4-28-08
05/02/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION TO AMEND PLEADING FILED ON 05/01/2008 SCHEDULING ORDER WITH PROPOSED ORDER page 7 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
05/06/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION TO AMEND PLEADING GRANTED ON 05/05/2008 JOYCE A WHEELER , JUDGE THE DEADLINE FOR DEFENDANTS TO FILE A MOTION FOR SUMMARY JUDGMENT IS EXTENDED TO MAY 19, 2008. COPIES TO COUNSEL ON 5-6-08
OS/20/2008 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION SUMMARY JUDGMENT FILED ON 05/19/2008 WITH MEMORANDUM OF LAW, AND ATTACHMENTS WITH PROPOSED ORDER REC'D ON 7/25/08 PLT'S OBJECTION TO MOTION WITH PLT'S OPPOSING STATEMENT OF FACTS, AFFIDAVIT OF NANCY FANNON AND SUSAN KElLER. REC'D ON 8/8/08 DEF'S REPLY STATEMENT OF MATERIAL FACTS AND REPLY MEMORANDUM
06/05/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 06/05/2008 PLT'S ASSENTED TO MOTION TO EXTEND TIME FOR PLT TO OPPOSE DEF'S MOTION FOR SUMMARY JUDGMENT
06/05/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 06/05/2008 JOYCE A WHEELER , JUDGE COPIES TO PARTIES/COUNSEL
06/30/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 06/27/2008 MOTION TO ENLARGE TIME TO OPPOSE DEF'S MOTION FOR SUMMARY JUDGMENT (OVER DEF OBJECTION)
07/01/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 06/27/2008 JOYCE A WHEELER , JUDGE COPIES TO PARTIES/COUNSEL
07/02/2008 party(s): CAROLYN KASE DO,RAYMOND STONE DO OTHER FILING - OTHER DOCUMENT FILED ON 07/01/2008 DEF'S OPPOSITION TO PLT'S (SECOND) MOTION TO ENLARGE TIME TO OPPOSE DEF'S MOTION FOR SUMMARY JUDGMENT JUSTICE WHEELER RESPONDED TO OPPOSITION BY STATING THAT THERE IS NO ACTION NECESSARY AND THE COURT WILL NOT FURTHER GRANT PLT'S ANY EXTENSION BEYOND 7/25/08
07/30/2008 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 07/29/2008 TO FILE REPLY BRIEF ON MOTION FOR SUMMARY JUDGMENT
08/01/2008 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 08/01/2008 JOYCE A WHEELER , JUDGE THE DEADLINE FOR DEFENDANTS TO FILE THEIR REPLY STATEMENT AND REPLY BRIEF TO MOTION FOR SUMMARY JUDGMENT IS AUGUST 8, 2008. COPIES TO COUNSEL ON 8-1-08
08/11/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 08/08/2008 MOTION FOR LEAVE TO EXCEED PAGE LIMIT
09/11/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC page 8 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
OTHER FILING - AFFIDAVIT FILED ON 09/08/2008 OF SUSAN KElLER IN RELATION OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT REC'D 09-15-08: DEFENDANTS' OBJECTION TO FILE AFFIDAVIT
09/24/2008 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 09/24/2008 JOYCE A WHEELER • JUDGE
10/23/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 10/23/2008 JOYCE A WHEELER , JUDGE COPIES TO PARTIES/COUNSEL
10/23/2008 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION SUMMARY JUDGMENT DENIED ON 10/23/2008 JOYCE A WHEELER , JUDGE ORDER FILED. COPIES TO PARTIES ON 10-23-08
10/27/2008 ORDER - PRETRIAL/STATUS ENTERED ON 10/21/2008 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL
10/27/2008 HEARING - TRIAL MANAGEMENT CONFERENCE SCHEDULED FOR 11/20/2008 @ 9:00 NOTICE TO PARTIES/COUNSEL
10/27/2008 TRIAL - JURY TRIAL SCHEDULED FOR 12/09/2008
10/31/2008 Party(s): DOUGLAS FARRAGO MD ATTORNEY - RETAINED ENTERED ON 10/30/2008 Defendant's Attorney: MARC N FRENETTE
Party(s): CAROLYN KASE DO ATTORNEY - RETAINED ENTERED ON 10/30/2008 Defendant's Attorney: MARC N FRENETTE
10/31/2008 Party(s): RAYMOND STONE DO ATTORNEY - RETAINED ENTERED ON 10/30/2008 Defendant's Attorney: MARC N FRENETTE
10/31/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 10/30/2008 FOR FILING MOTIONS IN LIMINE
11/03/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 10/31/2008 JOYCE A WHEELER , JUDGE THE PARTIES ARE GRANTED UP TO NOVEMBER 28, 2008 TO FILE ANY AND ALL MOTIONS IN LIMINE. COPIES TO COUNSEL ON 11-3-08
11/18/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 11/17/2008 DEF'S
Page 9 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
11/18/2008 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO JURY FILING - PROPOSED VOIR DIRE FILED ON 11/17/2008 DEF'S
11/18/2008 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO JURY FILING - PROPOSED JURY INSTRUCTIONS FILED ON 11/17/2008 DEF'S
11/18/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO JURY FILING - PROPOSED SPECIAL VERDICT FORM FILED ON 11/17/2008 DEF'S
11/19/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC JURY FILING - PROPOSED VOIR DIRE FILED ON 11/17/2008
11/19/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 11/17/2008
11/21/2008 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 11/20/2008 JOYCE A WHEELER , JUDGE Defendant's Attorney: MICHAEL POULIN Plaintiff's Attorney: JAMES MARTEMUCCI KENNETH ALBERT, ESQ. AND MARC FRENETTE, ESQ.
11/21/2008 ORDER - CONFERENCE REPORT & ORDER ENTERED ON 11/20/2008 JOYCE A WHEELER • JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL
11/21/2008 HEARING - SETTLEMENT CONFERENCE SCHEDULED FOR 11/26/2008 NOTICE TO PARTIES/COUNSEL
11/24/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC ATTORNEY - RETAINED ENTERED ON 11/24/2008 plaintiff's Attorney: L JOHN TOPCHIK
11/26/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 11/26/2008 WITNESS SUBPOENA OF DEBORAH A. LEARSON, M.D. WITH PROPOSED ORDER REC'D 12-04-08: DEFENDANTS' OPPOSITION FILED.
11/26/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 11/26/2008 WITNESS SUBPOENA OF MIRIAM BUCKBERG, M.D. WITH PROPOSED ORDER REC'D 12-04-08: DEFENDANTS' OPPOSITION FILED.
11/26/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 11/26/2008 WITNESS SUBPOENA SANDRA CADWELL, APRN, BC WITH PROPOSED ORDER
11/26/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 11/26/2008 WITNESS SUBPOENA JAMES CASSIDY WITH PROPOSED ORDER REC'D 12-04-08: DEFENDANTS' Page 10 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
OPPOSITION FILED.
11/26/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 11/26/2008 WITNESS SUBPOENA PAUL DAVID, M.D. WITH PROPOSED ORDER REC'D 12-04-08: DEFENDANTS' OPPOSITION FILED.
11/26/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 11/26/2008 WITNESS SUBPEONA JOHN GEISMAR, ESQ. WITH PROPOSED ORDER
11/26/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 11/26/2008 WITNESS SUBPOENA JOHN ISAACSON WITH PROPOSED ORDER REC'D 12-04-08: DEFENDANTS' OPPOSITION FILED.
11/26/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 11/26/2008 WITNESS SUBPOENA CAROLYN KASABIAN WITH PROPOSED ORDER REC'D 12-04-08: DEFENDANTS' OPPOSITION FILED.
11/26/2008 HEARING - SETTLEMENT CONFERENCE HELD ON 11/26/2008 CARL 0 BRADFORD , JUSTICE CASE DID NOT SETTLE
12/01/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO OTHER FILING - WITNESS LIST FILED ON 11/26/2008 DEFENDANT'S SUPPLEMENTAL
12/01/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 11/21/2008 SUSAN KElLER, JOHN ISAACSON, CAROLYN KASABIAN, JOHN GEISMAR, ESQ., PAUL DAVIS, JAMES CASSIDY, DOUGLAS MILLER, MIRIAM BUCKBERG, DEBORAH LEARSON
12/01/2008 party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO SUBPOENA - SUBPOENA TO TESTIFY FILED ON 11/26/2008
12/01/2008 SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 11/24/2008 SANDRA CADWELL
12/01/2008 SUBPOENA - SUBPOENA TO TESTIFY FILED ON 11/26/2008
12/02/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - MOTION IN LIMINE FILED ON 12/01/2008 DEF TO EXCLUDE EVIDENCE OF INDEMNIFICATION OF DEFENDANTS
12/02/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION IN LIMINE FILED ON 12/01/2008 PLT WITH MEMORANDUM OF LAW ADDRESSING EVIDENTIARY AND LEGAL ISSUES RAISED BY THE COURT AND COUNSEL AT TRIAL MANAGEMENT CONFERENCE REC'O 12-04-08: DEFENDANTS' OPPOSITION FILED.
12/03/2008 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - OTHER MOTION FILED ON 11/17/2008 Page 11 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
DEF MOTION TO SPECIFY MATERIAL FACTS NOT IN CONTROVERSY REC'D 12-03-08: PLT'S OBJECTION FILED.
12/05/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 12/03/2008 THROUGH JAMES CASSIDY OF SISTERS OF CHARITY
12/05/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC SUBPOENA - SUBPOENA TO TESTIFY FILED ON 12/04/2008
12/05/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 12/03/2008 JON OXMAN FOR L/A INTERNAL MEDICINE ASSOC.
12/05/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC SUBPOENA - SUBPOENA TO TESTIFY FILED ON 12/04/2008
12/05/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 12/03/2008 PAUL RACZYNSKI FOR L/A INTERNAL MEDICINE ASSOC.
12/05/2008 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC SUBPOENA - SUBPOENA TO TESTIFY FILED ON 12/04/2008
12/05/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC SUBPOENA - SUBPOENA TO TESTIFY SERVED ON 12/03/2008 KENNETH BRODSKY FOR L/A INTERNAL MEDICINE ASSOC.
12/05/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC SUBPOENA - SUBPOENA TO TESTIFY FILED ON 12/04/2008
12/11/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 12/09/2008 WITH MEMORANDUM OF LAW, DRAFT ORDER, REC'D ON 12/10/2008 CERTIFICATE OF SERVICE ON MICHAEL POULIN, ESQ.
12/11/2008 HEARING - PRETRIAL/STATUS HELD ON 12/08/2008 JOYCE A WHEELER , JUDGE Defendant's Attorney: MICHAEL POULIN Plaintiff's Attorney: JAMES MARTEMUCCI L. JOHN TOPCHIK, ESQ. AND KENNETH ALBERT, ESQ. FOR THE PLAINTIFF TAPE 313 INDEX 5647-END AND TAPE 315 INDEX 1-796.
12/11/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QU~SH SUBPOENA FILED ON 12/10/2008 OF DR KENNETH BRODSKY AND DR. PAUL RACZYNSKI WITH PROPOSED ORDER
12/11/2008 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION TO QUASH SUBPOENA FILED ON 12/10/2008 OF JAMES CASSIDY WITH PROPOSED ORDER
12/23/2008 ORDER - COURT ORDER ENTERED ON 12/15/2008 JOYCE A WHEELER , JUDGE Page 12 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
IT IS HEREBY ORDERED: 1. THE NONJURY TRIAL IS CONTINUED TO MARCH 1, 2009; 2. DISCOVERY ON THE SPECIFIC ISSUES RAISED BY THE ABOVE-DESCRIBED DISPUTE IS CONTINUED TO FEBRUARY 15, 2009; 3. DEFENDANTS MAY SUBMIT A REQUEST FOR REASONABLE AND NECESSARY ATTORNEY'S FEES GENERATED BY THIS DISPUTE; 4. THE CASE WILLB E ASSIGNED A TRIAL DATE IN MARCH 2009; 5. BETWEEN, FEBRUARY 15 AND MARCH 1, 2009, THE PARTIES SHALL RETURN TO A JUDICIAL SETTLEMENT CONFERENCE WITH J. BRADFORD, IF HE IS AVAILABLE. THE CLERK SHALL INCORPORATE THE ORDER INTO THE DOCKET BY REFERENCE PURSUANT TO M.R.CIV.P 79(A). COPIES TO COUNSEL
12/23/2008 TRIAL - JURY TRIAL CONTINUED ON 12/12/2008
12/30/2008 TRIAL - BENCH SCHEDULED FOR 03/24/2009 @ 9:00
02/06/2009 HEARING - SETTLEMENT CONFERENCE SCHEDULED FOR 02/25/2009 NOTICE TO PARTIES/COUNSEL
02/26/2009 HEARING - SETTLEMENT CONFERENCE HELD ON 02/25/2009 CARL 0 BRADFORD , JUSTICE CASE DID NOT SETTLE
03/04/2009 HEARING - PRETRIAL/STATUS HELD ON 03/04/2009 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: MICHAEL POULIN Plaintiff's Attorney: L JOHN TOPCHIK DEPOSITIONS DISCUSSED. PRETRIAL TO CONTINUE ON 3-19-09.
03/13/2009 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 03/13/2009 THOMAS E DELAHANTY II, JUSTICE
03/31/2009 TRIAL - BENCH HELD ON 03/24/2009 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: MICHAEL POULIN Plaintiff's Attorney: L JOHN TOPCHIK Reporter: PENNY PHILBRICK-CARVER KENNETH ALBERT, ESQ. FOR THE PLAINTIFF. OPENING STATEMENTS WAIVED. TESTIMONY BEGINS. CASE TO CONTINUE ON 3-24-09 AT 9:00 A.M.
03/31/2009 TRIAL - BENCH HELD ON 03/25/2009 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: MICHAEL POULIN Plaintiff's Attorney: L JOHN TOPCHIK Reporter: PENNY PHILBRICK-CARVER KENNETH ALBERT, ESQ. FOR THE PLAINTIFF. TESTIMONY CONTINUES. TRIAL RECESSES FOR SETTLEMENT NEGOTIATIONS. TRIAL RESUMES. STIPULATIONS READ INTO EVIDENCE. DEPOSITION OF JOHN GEISMAR, ESQ. PLACED INTO EVIDENCE. DEFENDANT MOVES FOR JUDGMENT, DENIED. CLOSING ARGUMENTS AND PROPOSED FINDINGS OF FACTS TO BE FILED BY APRIL 24, 2009.
03/31/2009 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 03/31/2009 TO FILE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
04/01/2009 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 03/31/2009 THOMAS E DELAHANTY II, JUSTICE IT IS HEREBY ORDERED THAT THE TIME TO FILE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IS EXTENDED UP TO AND INCLUDING MAY 8, 2009. COPIES TO COUNSEL ON 4-1-09 Page 13 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
04/17/2009 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 04/17/2009 TO RESPOND TO MOTION TO EXCLUDE OR LIMIT USE OF DAMAGES EVIDENCE
04/23/2009 Party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 04/22/2009 THOMAS E DELAHANTY II, JUSTICE COPIES TO PARTIES/COUNSEL
04/23/2009 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO MOTION - OTHER MOTION FILED ON 04/02/2009 MOTION TO EXCLUDE OR LIMIT USE OF DAMAGES EVIDENCE (DEF) REC'D 04-30-09: PLT'S OBJECTION TO MOTION FILED. REC'D 5-6-09: REPLY MEMORANDUM FILED.
05/12/2009 Party(s): DOUGLAS FARRAGO MD,CAROLYN KASE DO,RAYMOND STONE DO OTHER FILING - PROPOSED FINDINGS OF FACT FILED ON 05/08/2009 DEFENDANTS
05/12/2009 party(s): SISTERS OF CHARITY HEALTH SYSTEM, INC OTHER FILING - PROPOSED FINDINGS OF FACT FILED ON 05/08/2009 PLAINTIFF'S
05/04/2010 FINDING - JUDGMENT DETERMINATION ENTERED ON 05/03/2010 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL
ORDER - COURT JUDGMENT ENTERED ON 05/03/2010 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL SEE ORDER Judgment entered on COUNT 1 for SISTERS OF CHARITY HEALTH SYSTEM, INC and against DOUGLAS FARRAGO MD in the amount of $100000.00. Judgment entered on COUNT 2 for SISTERS OF CHARITY HEALTH SYSTEM, INC and against CAROLYN KASE DO in the amount of $100000.00. Judgment entered on COUNT 3 for SISTERS OF CHARITY HEALTH SYSTEM, INC and against RAYMOND STONE DO in the amount of $100000.00. THE COURT DETERMINES THAT TO ENFORCE THE CONTRACT BY PROHIBITING THE DEFENDANTS FROM PRACTICING IN THE LOCAL AREA AND FROM REFERRING OR ADMITTING PATIENTS TO CENTRAL MAINE MEDICAL CNETER WOULD NOT BE IN THE BEST INTERESTS OF OVER 1300 PATIENTS AND IS DETRIMENTAL TO THEIR HEALTHCARE NEEDS AND THE ADVERSE IMPACT TO THE PATIENTS WOULD OUTWEIGH ANY HARM TO THE PLAINTIFF. WHEREAS THE LIQUIDATED DAMAGES PROVISION OF EACH CONTRACT OS REASONABLE UNDER THE CIRCUMSTANCES, IT IS ORDERED, ADJUDGED, AND DECREED THAT THE PLAINTIFF IS AWARDED DAMAGES OF 100,000 TO BE PAID BY EACH DEFENDANT, SEVERALLY. PLAINTIFF, SISTERS OF CHARITY HEALTH SYSTEMS INC IS ENTITLED TO COSTS AND INTEREST AS ALLOWED BY STATUTE AND RULE. THE PLAINTIFF IS AWARDED REASONABLE ATTORNEY'S FEES. COUNSEL FOR PLAINTIFFS SHALL SUBMIT TO THE COURT A STATEMENT OF SERVICES RELATIVE TO PROSECUTION OF PLAINTIFF'S CLAIMS, SUPPORTED BY AFFIDAVIT. COUNSEL FOR DEFENDANTS MAY OPPOSE THE REQUEST PURSUANT TO M.R.CIV.P. 7(C) (2). SO ORDERED.
05/04/2010 FINDING - FINAL JUDGMENT CASE CLOSED ON 05/04/2010
Page 14 of 15 Printed on: 05/14/2010 AUBSC-CV-2007-00092 DOCKET RECORD
A TRUE COPY ATTEST: Clerk
Page 15 of 15 Printed on: 05/14/2010