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FILED
IN THE DISTRICT COURT OF POTTAWATOMIE COUNT THE DISTRICT CoyRr
STATE OF OKLAHOMA
NICKOLAS Z. MAULDIN,
Plaintiff,
v. Case No. CJ-2020-31
KEITH A. MEHNER, D.D.S., d/b/a
)
)
)
)
)
)
)
McLOUD FAMILY DENTISTRY, and )
KEITH A. MEHNER, D.D.S, P.L.L.C., )
)
Defendants. )
DEFENDANTS’ COMBINED MOTION TO COMPEL DISCOVERY
AND MOTION TO EXTEND SCHEDULING DEADLINES
AND MOTION TO EXTEND SCRE Tre
COME NOW, Defendants, Keith A. Mehner, D.D.S., d/b/a McLoud Family Dentistry, and
Keith A. Mehner, D.D.S, P.L.L.C., (hereinafter “Defendants”), pursuant to 12 O.S. § 3237 (A)(2)
and 12 O.S. § 3234 (A) and moves this Court for an Order compelling Plaintiff to supplement his
discovery responses and identify Plaintiff's expert witness and requested supporting documents in
response to Defendants’ Interrogatories and Requests for Production, which were propounded
under 12 O.S. §§ 3233 and 3234. Defendants further request that this Court enter an Order
continuing the scheduling deadlines for the completion of discovery and the dispositive motion
deadline to be set on the same date as the Pretrial Conference, May 6, 2021, to prevent substantial
prejudice to Defendants. In support, Defendants submit the following brief containing relevant
facts, arguments, and authorities.
STATEMENTS OF FACT
1. Plaintiff filed his Petition on January 22, 2020.2. On March 13, 2020, Defendants issued their First Interrogatories and First Requests
for Production to Plaintiff (See Ex. 1, Defendants’ First Interrogatories; See also Ex. 2,
Defendants’ First Requests for Production.)
3. On May 21, 2020, Plaintiff issued his responses to Plaintiff's First Interrogatories
and Requests for Production. (See Ex. 3, Excerpts of Plaintiff's responses to Defendants’
Discovery Requests.)
4. In response to Defendants’ request to identify any testifying expert witnesses,
Plaintiff stated that he would “designate a testifying expert pursuant to the Court’s scheduling
Order, once one is entered.” (See Ex. 3, Excerpts of Plaintiff's responses to Defendants’ Discovery
Requests. (See Ex. 3, Excerpts of Plaintiff's responses to Defendants’ Discovery Requests, p. 8.)
5. A scheduling Order was entered on October 22, 2020, which set the Pretrial
Conference for March 1, 2021. (See Ex. 4, Scheduling Order.)
6. On December 17, 2020, Defense counsel emailed and mailed a letter to Plaintiff's
counsel requesting the name and expert disclosure of Plaintiff's expert. (See Ex. 5, December 17,
2020 Letter to Plaintiff's counsel.)
7. On December 21, 2020, Defendants’ filed their Motion to Continue Trial due to an
unavoidable trial conflict, which was set for hearing on January 28, 2021.
8. On January 13, 2021, Defense counsel discussed the status of the case on the phone.
9. During this phone conversation, counsel agreed to submit an Agreed Motion to
Continue Deadlines for thirty (30) days and Plaintiff's counsel requested that Defense counsel
strike the hearing on their Motion to Continue Trial and obtain the earliest trial date available. (See
Ex. 6, January 13, 2021 Email.)10. Defense counsel again on this phone call requested that Plaintiff's counsel identify
and provide dates for his expert’s deposition.
11. On January 21, 2021, an Agreed Motion to Continue Deadlines was filed with the
Court.
12. On January 27, 2021, this Court entered an Agreed Order, setting the Pretrial
Conference Date for May 6, 2021, and continuing all scheduling deadlines by thirty (30) days.
(See Ex. 7, Agreed Order.)
13. Pursuant to this Agreed Order, the discovery deadline and dispositive motion
deadlines are set for March 3, 2021.
14. Beginning on February 26, 2021, Defense counsel has made several attempts to
reach Plaintiff's counsel by telephone, but their phone line has been disabled.
15. On March 1, 2021, Defense counsel sent an email to Plaintiff's counsel notifying
them that their telephone number is disabled, requesting to discuss the upcoming deadlines, and
again requesting dates for Plaintiff's expert depositions. (See Ex. 8, March 1, 2021 Email to
Plaintiff's Counsel.)
16. To date, Plaintiffs counsel has failed to respond to Plaintiffs request to identify
Plaintiff's expert nor provide the required expert disclosures.
17. Defense counsel has made a good faith effort to meet and confer with Plaintiff's
counsel in accordance with 12 O.S. § 3237 (A){2). Therefore, this Motion is proper.
ARGUMENT AND AUTHORITIES
The Oklahoma Discovery Code requires a party to respond to Interrogatories or Request
for Production within thirty (30) days of the receipt of the Interrogatories or Request for
Production. 12 O.S. § 3233 (A) & 3234 (A). According to 12 O.S. § 3237 (A), a party may applyfor an order compelling discovery, upon reasonable notice, when a party fails to answer
interrogatories under § 3233 or fails to respond to requests for production under § 3234. To date,
Plaintiff has failed to timely respond to Defendants requests that he identify his expert and make
the required expert disclosures.
Defendants have been requesting that Plaintiff supplement discovery regarding his
testifying experts and provide dates for their deposition since December of 2020 to no avail. Thus,
Defendants are now forced to file this Motion and ask this Honorable Court to enter an Order
compelling Plaintiff to respond to Defendants discovery requests within five (5) days of this
Court’s ruling on this Motion. Because this Court’s ruling is surely to be after the discovery
deadline and dispositive motion deadline and Defendants have not had the opportunity to depose
Plaintiff's expert, Defendants request that the Court set the discovery deadline and dispositive
motion deadline on the same date as the Pretrial Conference, May 6, 2021.
WHEREFORE, Defendants respectfully request that the Court grant their Motion to
Compel and enter an Order which requires Plaintiff to respond to their discovery requests within
five (5) days of the date of this Order. Additionally, Defendants respectfully request that this Court
set the discovery deadline and dispositive motions deadline on the same date as the Pretrial
Conference, May 6, 2021.Respectfully submitted,
Hionttt tien
Kyle N. Sweet, OBA #17711
Garrett Molinsky, OBA #33979
Sweet Law, P.L.C.
24 West Park Place
Oklahoma City, Oklahoma 73103
(405) 601-9400 Telephone
(405) 601-9444 Facsimile
kyle@sweetlawfirm.com
garrett.molinsky@sweetlawfirm.com
Attorneys for Defendants
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above foregoing document was mailed
with proper postage thereon on this 3rd day of March 2021 to the offices of:
David L. Thomas, OBA #8926
McINTYRE LAW, P.C.
4900 North Portland, Suite 111
Oklahoma City, OK 73112
(405) 286-6353- Telephone
(405) 286-6366- Facsimile
Counsel for Plaintiff
Noble Mcintyre, OBA #16359
Jeremy Thurman, OBA #19586
McINTYRE LAW, P.C.
8601 South Western Avenue
Oklahoma City, OK 73139
(405) 917-5250- Telephone
(405) 917- 5405- Facsimile
Co-Counsel for Plaintiff
Liat Mab
GARRETT MOLINSKYIN THE DISTRICT COURT OF POTTAWATOMIE COUNTY
STATE OF OKLAHOMA
NICKOLAS Z. MAULDIN, )
)
Plaintiff, )
)
v. } Case No. C¥-2020-31
)
KEITH A. MEHNER, D.DS., d/b/a )
McLOUD FAMILY DENTISTRY, and)
KEITH A. MEHNER, D.DS,P.LLC., +)
)
Defendants. )
DEFENDANT KEITH A. MEHNER, D.D.S., P.L.L.C.’S
FIRST INTERROGATORIES TO PLAINTIFF
To: Nickolas Z. Mauldin
C/O: David L. Thomas
McIntyre Law
4900 North Portland, Suite 111
Oklahoma City, OK 73112
Pursuant to Section 3233 of the Oklahoma Discovery Code, Title 12 of the Oklahoma
Statutes, Defendant, Keith A. Mehner, D.D.S, P.L.L.C., herein propounds the following
Interrogatories and requests Plaintiff, Nickolas Z. Mauldin, to answer the Interrogatories
separately and fully, within thirty (30) days following receipt thereof.
NOTE: These Interrogatories shall be deemed continuing pursuant to 12 O.S. § 3226(E) of
the Oklahoma Discovery Code as to require additional answers if you acquire additional
information between the time the answers are served and the time of trial. Such additional answers
shall be served seasonably, but not later than thirty (30) days after such information is received.
Whenever the words "Plaintiff", "you", or "your" appear, or any pronoun referring to
Plaintiff, Nikolas Z. Mauldin, the same shall be taken to refer not only to Plaintiff individually,
but also to attorneys, agents, employees, investigators, representatives, relatives, and any other
EXHIBITRespectfully submitted,
Kyle N. Sweet, OBA #17711
Garrett Molinsky, OBA #33979
Sweet LAw, PLC
24 West Park Place
Oklahoma City, Oklahoma 73103
(405) 601-9400 Office
(405) 601-9444 Facsimile
kyle@sweetlawfirm.com
garrett.molinsky@sweetlawfirm.com
Attorneys for Defendants
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above foregoing document was mailed
with proper postage thereon on this 13th day of March to the offices of:
David L. Thomas, OBA #8926 Noble Mcintyre, OBA #16359
MCINTYRE LAW, P.C. Jeremy Thurman, OBA #19586
4900 North Portland, Suite 111 MCINTYRE LAW, P.C.
Oklahoma City, OK 73112 8601 South Western Avenue
(405) 286-6353- Telephone Oklahoma City, OK 73139
(405) 286-6366- Facsimile (405) 917-5250- Telephone
(405) 917- 5405- Facsimile
Counsel for Plaintiff Co-Counsel for Plaintiff
GARRETT MOLINSKYIN THE DISTRICT COURT OF POTTAWATOMIE COUNTY
STATE OF OKLAHOMA
NICKOLAS Z. MAULDIN, )
)
Plaintiff, )
)
v. ) Case No. CJ-2020-31
)
KEITH A. MEHNER, D.D.S., d/b/a )
McLOUD FAMILY DENTISTRY, and y
KEITH A. MEHNER, D.D.S, P.L.L.C., )
)
Defendants. y
DEFENDANT KEITH A. MEHNER, D.D.S., P.L.L.C.’S FIRST
REQUESTS FOR PRODUCTION OF DOCUMENTS TO. PLAINTIFF
To: Nickolas Z. Mauldin
C/O: David L. Thomas
McIntyre Law
4900 North Portland, Suite 111
Oklahoma City, OK 73112
Pursuant to Section 3234 of the Oklahoma Discovery Code, Title 12 of the Oklahoma
Statutes, Defendant, Keith A. Mehner, D.D.S, P.L.L.C., herein propounds the following Requests
to Plaintiff, Nikolas Z. Mauldin, to answer separately and fully, within thirty (30) days following
receipt thereof.
NOTE: These Requests shall be deemed continuing pursuant to 12 O.S. § 3226(E) of the
Oklahoma Discovery Code as to require additional answers if you acquire additional information
between the time the answers are served and the time of trial. Such additional answers shall be
served seasonably, but not later than thirty (30) days after such information is received.
Whenever the words "Plaintiff", "you", or "your" appear, or any pronoun referring to
Plaintiff, Nickolas Z. Mauldin, the same shall be taken to refer not only to Plaintiff individually,
but also to attorneys, agents, employees, investigators, representatives, relatives, and any other
EXHIBITCERTIFICATE OF SERVICE
KEE
I hereby certify that a true and correct copy of the above foregoing document was mailed
with proper postage thereon on this 13th day of March to the offices of:
David L. Thomas, OBA #8926 Noble McIntyre, OBA #16359
MCINTYRE Law, P.C. Jeremy Thurman, OBA #19586
4900 North Portland, Suite 111 MCINTYRE Law, P.C.
Oklahoma City, OK 73112 8601 South Western Avenue
(405) 286-6353- Telephone Oklahoma City, OK 73139
(405) 286-6366- Facsimile (405) 917-5250- Telephone
(405) 917- 5405- Facsimile
Counsel for Plaintiff Co-Counsel for Plaintiff
GARRETT MOLINSKYIN THE DISTRICT COURT OF POTTAWATOMIE COUNTY
STATE OF OKLAHOMA
NICKOLAS Z. MAULDIN, )
)
Plaintiff, )
)
vs. ) Case No. CJ-2020-31
)
KEITH A. MEHNER, D.D.S., d/b/a )
McLOUD FAMILY DENTISTRY, and )
KEITH A. MEHNER, D.DS., P.L.L.C., )
Defendants. )
PLAINTIFF'S ANSWERS TO DEFENDANTS FIRST INTERROGATORIES AND
REQUESTS FOR PRODUCTION OF DOCUMENTS
Plaintiff, Nickolas Z. Mauldin, for his Answers to Defendants First Interrogatories and
Requests for Production of Documents, submits as follows:
ANSWERS TO INTERROGATORIES
PREFATORY OBJECTIONS
1. Plaintiff objects to Defendants Interrogatories where they seek information which
is not relevant to Plaintiffs claims against Defendants and are not reasonably calculated to lead
to such relevant evidence.
2. Plaintiff objects to Defendants Interrogatories where they seek information
protected by the attorney/client privilege.
3. Plaintiff objects to Defendants Interrogatories where they seek information which
is protected from discovery by the work product doctrine.
4. Plaintiff objects to Defendants Interrogatories where they are overly broad,
unduly burdensome, oppressive, constitute harassment, or would require undue expense to
answer.Plaintiff was suffering from a severe infection rather than a dry socket or muscle issue and he
should have at least referred Plaintiff to an oral surgeon immediately. Plaintiff did not find out
until after the emergency surgery performed by Dr. Sullivan that the original procedure had been
done improperly and that the manner in which Plaintiff's tooth was removed was improperl.
Plaintiff (as well as his family) feel that Dr. Mehner was arrogant and completely
unconcerned throughout the entire ordeal. The ONLY time that Dr. Mehner showed any concern
was the night of Plaintiff's surgery after he found out that Plaintiff was in ICU. Following the
emergency surgery Plaintiff was forced to undergo he was also told that he was lucky to be alive.
Plaintiff was told that had he waited even so much as one more day to seek proper medical care
for the infection, it would have reached his brain and killed him.
Plaintiff now has an absolute fear of dentists and has not gone to the dentist since this
incident other than a quick glance conducted by an Army doctor at basic training. He has a scar
on his neck, missed school, lost an extreme amount of weight and was unable to open his mouth
for months which kept him from the ability to eat.
INTERROGATORY NO. 7: Have you or your attorneys consulted with or
retained an expert witness(es) to testify on your behalf at the time of trial? If so, for each such
witness state the following:
A. the expert's full name, address and specialty;
the subject matter on which each expert witness is expected to testify;
and a summary of the grounds for each opinion;
the qualifications of each expert witness, including a list of all publications
authored by the expert witness within the preceding ten (10) years;
B
Cc. the substance of the facts and opinions to which the expert is expected to testify
D.
E. the compensation to be paid to the expert witness for the testimony and
preparation for the testimony;F. a listing of any other cases in which the expert witness has testified as an expert at
trial or by deposition within the preceding four (4) years; and,
G. whether said expert ever examined you.
ANSWER: _ Dr. Stephen Sullivan at OU will testify as a treating physician regarding
his observations of Plaintiff, the surgery he performed and the emergent nature of Plaintiff's
injuries. Plaintiff will designate a testifying expert pursuant to the Court's Scheduling Order,
once one is entered.
INTERROGATORY NO. 8: State the full name, address and anticipated
testimony of all witnesses whom you anticipate calling to testify on your behalf at trial. [NOTE:
for the purpose of answering this interrogatory, it is not sufficient to merely state that you have
not yet determined who will be called as witnesses. Nor is it sufficient to state that witnesses
will be identified pursuant to a current or anticipated scheduling order. This interrogatory is
intended to identify all persons who you reasonably anticipate at his time, or any time throughout
the pendency of discovery, may be called as a witness on your behalf even though your attorneys
have not made a final determination as to what witnesses will be called.]
ANSWER: _ See Answer to Interrogatory No. 2, above. Plaintiff's entire family went
through this event right along with him. They provided him with love and support, took him to
all his appointments, and shared in everyone's fears of what the outcome might have been had
the decision been made to seek the proper medical care at OU.
INTERROGATORY NO. 9: Have you, or your attorneys or anyone on your
behalf taken or obtained a written or recorded statement of any individual purporting to have
knowledge of any of the allegations in your Petition? If so, as to each such statement, and as to
each such individual, state the identity of the individual whose statement was taken, the identity
of the individual taking the statement, the date of the statement, the form of the statementRESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST NO. 1: Any and all medical and hospital bills, receipts, invoices, or other
documents of whatever nature evidencing the medical expenses allegedly incurred by you as a
result of the allegations that are the subject of this lawsuit.
RESPONSE: Previously produced on disk on March 30, 2020.
REQUEST NO.2: Any and all photographs or videotapes made of you regarding the
allegations, injuries, or damages that are the subject of this lawsuit.
RESPONSE: Previously produced on disk on March 30, 2020.
REQUEST NO. 3: An executed medical authorization for each health care provider
and each hospitalization of Plaintiff covering treatment from ten (10) years prior to the date of
the injury alleged in this lawsuit to present. (See example authorization attached hereto. Please
execute and return with response. ]
RESPONSE: Produced on March 30, 2020. Plaintiff objects to the production of or to
the Defendants obtaining any medical records or other medical information not related to this
lawsuit.
REQUEST NO. 4: Any and all narrative medical reports provided to Plaintiff or his
attomeys regarding medical condition and/or the injuries and disabilities which Plaintiff suffered
by reasons of the acts or omissions described in Plaintiff's Petition.
RESPONSE: Previously produced on disk on March 30, 2020.
REQUEST NO.5: Any and all reports from expert witnesses.
RESPONSE: None.
REQUEST NO. 6: Any and all written or recorded statements, audio and/or video
tapes, or recordings of any person, or any potential witness regarding any matter which may
12CERTIFICATE OF SERVICE
cCEREE eee
1, the undersigned, do hereby that a true and correct copy of the above and foregoing
document was mailed, with proper postage prepaid thereon, on this 21st day of May, 2020, to the
following counsel of record for the Defendants:
Kyle N. Sweet, Esq.
Garrett Molinsky, Esq.
SWEET LAW, PLC
24 West Park Place
Oklahoma City, OK 73103
. Thomas *
16KEITH A. MEHNER, D.D.S., P.L.L.C.,
and KEITH A. MEHNER, D.D.S.,
Individually,
IN THE DISTRICT COURT OF THE TWENTY-THIRD JUDICIAL DISTRI
SITTING IN AND FOR POTTAWATOMIE COUNTY jy E
STATE OF OKLAHOMA THE DISTR DB
.
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NICKOLAS Z. MAULDIN, ) 0 OCT 29 RE
) Tray,
PLAINTIFF, ) Valen tee Coury
vs. ) yO NTEEN copys OK
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) Ch20-31 o> Pury
)
)
)
DEFENDANTS, )
)
AMENDED SCHEDULING ORDER
THIS ORDER is entered this 21" day of Octover, 2020, the Court having determined the case to be
at issue.
IT IS SO ORDERED that the following must be completed within the time affixed:
Neither JOINDER OF ADDITIONAL PARTIES
nor AMENDMENT TO THE PLEADINGS may
be filed after: December 1, 2020
DISCOVERY must be completed by: February 1, 2021
All DISPOSITIVE MOTIONS must be filed by: February 1, 2021
PRE-TRIAL CONFERENCE date and time: March !, 202i at 3:00 p.m.
(Joint Pre-Trial Order due 2/21/21.)
JURY TRIAL DATE:** March 8, 2021 at 8:30 a.m.
NON-JURY TRIAL DATE: To be determined at Pre-Trial
ESTIMATED TIME OF TRIAL: To be determined at Pre-Trial
REQUESTED JURY INSTRUCTIONS must be
filed by: Time of Jury Selection
PROPOSED FINDINGS OF FACT AND
CONCLUSIONS OF LAW (Non-Jury) must be filed by: To be determined at Pre-Trial
RIAL BRIEF must be filed by: To be determined at Pre-Trial
ADDITIONALLY ORDERED:
Mediation conducted by: Pre-Trial Conference
Plaintiff's Final Witness List filed by: February 15, 2021
Defendant’s Final Witness List filed by: February (5, 2021
MEDICAL EXAMINATION of_plaintiff _ shall be completed no later than __December 15, 2020
THE MEDICAL EXAMINER shall submit the report to counsel requesting the examination, who shall submit
a complete copy to all counsel, no later than .
IT IS ORDERED that no date set by this Order can be changed except for bd cape and upon written a-deor
fon EXHIBIT
of this Court prior to the date scheduled.
Judge of thé i te Court PoaCertificate of Mailing
Thereby certify that on the_21°_day of October, 2020, a true and correct copy of the above
Order was mailed/delivered to:
Attorneys for Plaintiff:
David L. Thomas
McIntyre Law, P.C.
4900 N. Portland, Ste. 111
Oklahoma City, OK. 73112
Attorneys for Defendant:
Kyle N. Sweet, Esq.
Sweet Law Firm
24 West Park Place
Oklahoma City, OK. 73103
Ae Zbhonte—
Sonie Edmonson, Bailiff/SecretarySMe 3g ON
24 WEST PARK PLACE
OKLAHOMA CITY, OK 73105
December 17, 2020
Via US Mail
David L. Thomas
Mcintyre Law, P.C.
4900 North Portland, Ste. 111
Oklahoma City, OK 7312
Re: Nickolas Z. Mauldin v. Keith A. Mehner, D.D.S.
Case No. CJ-2020-31; Pottawatomie County District Court
Counsel,
Please provide the name, and expert disclosures of ali expert witnesses Plaintiff intends to
present in this case. Additionally, please provide potential dates for the deposition of said expert
witnesses in early January. Once we have scheduled Plaintiff's expert witnesses for deposition, we
can schedule Defendant’s expert.
Should you have any questions please do not hesitate to contact our firm.
Very truly yours,
Garrett Molinsky
Attorney
Enclosures
© 4056019400
¥ 405.6019444
sweetlawfirm.comGarrett Moines
Garrett Molinsky
From:
Sent: Wednesday, January 13, 2021 1:50 PM
To: ‘dit8926@gmail.com'
Ce: tloabbi@gmail.com; Makenzie Fears
Subject: Mauldin v. Mehner - Joint Motion to Continue and Agreed Order
Attachments: Joint Motion to Continue Deadlines.doog Agreed Order to Continue Deadlines.docx
Good afternoon,
Per our telephone call today, please see the attached Joint Motion to Continue Scheduling Deadlines and an Agreed
Order for your signature. We will file both as soon as we receive your signed copy, and will attempt to get a new date for
the trial, in lieu of waiting for the current hearing set for January 28". If you have any questions or need anything from
me feel free to reach out to me at (405) 850-1827.
Thank you,
Garrett Molinsky
Sweet Law Firm
24 W. Park Place
Oklahoma City, OK 73103
405-601-9400 main office
This e-mail contains information which (a) may be PROPRIETARY IN NATURE OR OTHERWISE PROTECTED BY LAW FROM
DISCLOSURE, and (b) is intended only for the use of the addressee(s) named above. if you are not the addressee, or the
person responsible for delivering this to the addressee(s), you are notified that reading, copying or distributing this e-
mail is prohibited. If you have received this e-mail in error, please contact the sender immediately.
EXHIBITIN THE DISTRICT COURT OF POTTAWATOMIE COUNTY
STATE OF OKLAHOMA
NICKOLAS Z. MAULDIN,
Plaintiff,
Case No. CJ-2020-31
Judge: Hon. John G. Canavan, Jr.
ve
KEITH A. MEHNER, D.D.S., d/b/a
McLOUD FAMILY DENTISTRY, and
KEITH A. MEHNER, D.D.S, P.L.L.C.,
weve
Defendants.
AGREED ORDER TO CONTINUE DEADLINES
Now, onthis_2( day of J Aay4VUY 2021, the Parties’ Joint Motion to Continue
Deadlines comes before the Court. After being fully advised of the premises, and for good cause
shown, this Court finds that the Joint Motion should be and is hereby GRANTED.
Accordingly, the Pretrial Conference is hereby continued to the 6 dayof
LAAT 2021 at_f : YD __jP_m. Furthermore, all associated Scheduling
Order Deadlines are continued by 30 days.
Dated this 2( day of J AAZ, 2021.
John G. Cahavan, Jr., District Judge
ruber
EXHIBITAPPROVED AS TO FORM:
Lath; Motos’
Kyle N. Sweet, OBA #17711
Garrett Molinsky, OBA #33979
SWEET LAW, PLC
24 West Park Place
Oklahoma City, OK 73103
(405) 601-9400 Telephone
(405) 601-9444 Facsimile
kyle@sweetlawfirm.com
garrett. molinsky@sweetlawfirm.com
Attorneys for Defendants
3
hel 1: Zs, t
: THOMAS LAW OFFICE
i 4900 North Portland, Suite 111
i Oklahoma City, OK 73112
4 (405) 286-6353 - Telephone
(405) 286-6366 - Facsimile
Counsel for the Plaintiff
-and-
Noble McIntyre, OBA #16359
Jeremy Thurman, OBA #19586
McINTYRE LAW, P.C.
8601 South Western Avenue
Oklahoma City, OK 73139
i (405) 917- 5200 - Telephone
i (405) 917-5405 - Facsimile
I Co-Counsel for the PlaintiffGarett i
From: Garrett Molinsky
Sent: Monday, March 1, 2021 10:43 AM
To: “tloabbi*
Cc: *dit8926@gmail.com’
Subject: Mauldin v. Mehner
Good morning,
{ hope you both are doing well. | wanted to let you know that I tried to call up to your office on Friday and this morning
but the phone line is not working. Could you please let me know the new phone number for our records if your office
number has changed? | was hoping to speak to you about the current deadlines we have coming up and get the dates
for the expert depositions set. Please give me a call at (405) 601-9400 at your earliest convenience.
Thank you,
Garrett Molinsky
Sweet Law Firm
24 W. Park Place
Oklahoma City, OK 73103
405-601-9400 main office
This e-mail contains information which (a) may be PROPRIETARY IN NATURE OR OTHERWISE PROTECTED BY LAW FROM
DISCLOSURE, and (b) is intended only for the use of the addressee(s) named above. If you are not the addressee, or the
person responsible for delivering this to the addressee(s), you are notified that reading, copying or distributing this e-
mail is prohibited. tf you have received this e-mail in error, please contact the sender immediately.
EXHIBIT
pos
Preview
FILED IN THE DISTRICT COURT OF POTTAWATOMIE COUNT THE DISTRICT CoyRr STATE OF OKLAHOMA NICKOLAS Z. MAULDIN, Plaintiff, v. Case No. CJ-2020-31 KEITH A. MEHNER, D.D.S., d/b/a ) ) ) ) ) ) ) McLOUD FAMILY DENTISTRY, and ) KEITH A. MEHNER, D.D.S, P.L.L.C., ) ) Defendants. ) DEFENDANTS’ COMBINED MOTION TO COMPEL DISCOVERY AND MOTION TO EXTEND SCHEDULING DEADLINES AND MOTION TO EXTEND SCRE Tre COME NOW, Defendants, Keith A. Mehner, D.D.S., d/b/a McLoud Family Dentistry, and Keith A. Mehner, D.D.S, P.L.L.C., (hereinafter “Defendants”), pursuant to 12 O.S. § 3237 (A)(2) and 12 O.S. § 3234 (A) and moves this Court for an Order compelling Plaintiff to supplement his discovery responses and identify Plaintiff's expert witness and requested supporting documents in response to Defendants’ Interrogatories and Requests for Production, which were propounded under 12 O.S. §§ 3233 and 3234. Defendants further request that this Court enter an Order continuing the scheduling deadlines for the completion of discovery and the dispositive motion deadline to be set on the same date as the Pretrial Conference, May 6, 2021, to prevent substantial prejudice to Defendants. In support, Defendants submit the following brief containing relevant facts, arguments, and authorities. STATEMENTS OF FACT 1. Plaintiff filed his Petition on January 22, 2020.2. On March 13, 2020, Defendants issued their First Interrogatories and First Requests for Production to Plaintiff (See Ex. 1, Defendants’ First Interrogatories; See also Ex. 2, Defendants’ First Requests for Production.) 3. On May 21, 2020, Plaintiff issued his responses to Plaintiff's First Interrogatories and Requests for Production. (See Ex. 3, Excerpts of Plaintiff's responses to Defendants’ Discovery Requests.) 4. In response to Defendants’ request to identify any testifying expert witnesses, Plaintiff stated that he would “designate a testifying expert pursuant to the Court’s scheduling Order, once one is entered.” (See Ex. 3, Excerpts of Plaintiff's responses to Defendants’ Discovery Requests. (See Ex. 3, Excerpts of Plaintiff's responses to Defendants’ Discovery Requests, p. 8.) 5. A scheduling Order was entered on October 22, 2020, which set the Pretrial Conference for March 1, 2021. (See Ex. 4, Scheduling Order.) 6. On December 17, 2020, Defense counsel emailed and mailed a letter to Plaintiff's counsel requesting the name and expert disclosure of Plaintiff's expert. (See Ex. 5, December 17, 2020 Letter to Plaintiff's counsel.) 7. On December 21, 2020, Defendants’ filed their Motion to Continue Trial due to an unavoidable trial conflict, which was set for hearing on January 28, 2021. 8. On January 13, 2021, Defense counsel discussed the status of the case on the phone. 9. During this phone conversation, counsel agreed to submit an Agreed Motion to Continue Deadlines for thirty (30) days and Plaintiff's counsel requested that Defense counsel strike the hearing on their Motion to Continue Trial and obtain the earliest trial date available. (See Ex. 6, January 13, 2021 Email.)10. Defense counsel again on this phone call requested that Plaintiff's counsel identify and provide dates for his expert’s deposition. 11. On January 21, 2021, an Agreed Motion to Continue Deadlines was filed with the Court. 12. On January 27, 2021, this Court entered an Agreed Order, setting the Pretrial Conference Date for May 6, 2021, and continuing all scheduling deadlines by thirty (30) days. (See Ex. 7, Agreed Order.) 13. Pursuant to this Agreed Order, the discovery deadline and dispositive motion deadlines are set for March 3, 2021. 14. Beginning on February 26, 2021, Defense counsel has made several attempts to reach Plaintiff's counsel by telephone, but their phone line has been disabled. 15. On March 1, 2021, Defense counsel sent an email to Plaintiff's counsel notifying them that their telephone number is disabled, requesting to discuss the upcoming deadlines, and again requesting dates for Plaintiff's expert depositions. (See Ex. 8, March 1, 2021 Email to Plaintiff's Counsel.) 16. To date, Plaintiffs counsel has failed to respond to Plaintiffs request to identify Plaintiff's expert nor provide the required expert disclosures. 17. Defense counsel has made a good faith effort to meet and confer with Plaintiff's counsel in accordance with 12 O.S. § 3237 (A){2). Therefore, this Motion is proper. ARGUMENT AND AUTHORITIES The Oklahoma Discovery Code requires a party to respond to Interrogatories or Request for Production within thirty (30) days of the receipt of the Interrogatories or Request for Production. 12 O.S. § 3233 (A) & 3234 (A). According to 12 O.S. § 3237 (A), a party may applyfor an order compelling discovery, upon reasonable notice, when a party fails to answer interrogatories under § 3233 or fails to respond to requests for production under § 3234. To date, Plaintiff has failed to timely respond to Defendants requests that he identify his expert and make the required expert disclosures. Defendants have been requesting that Plaintiff supplement discovery regarding his testifying experts and provide dates for their deposition since December of 2020 to no avail. Thus, Defendants are now forced to file this Motion and ask this Honorable Court to enter an Order compelling Plaintiff to respond to Defendants discovery requests within five (5) days of this Court’s ruling on this Motion. Because this Court’s ruling is surely to be after the discovery deadline and dispositive motion deadline and Defendants have not had the opportunity to depose Plaintiff's expert, Defendants request that the Court set the discovery deadline and dispositive motion deadline on the same date as the Pretrial Conference, May 6, 2021. WHEREFORE, Defendants respectfully request that the Court grant their Motion to Compel and enter an Order which requires Plaintiff to respond to their discovery requests within five (5) days of the date of this Order. Additionally, Defendants respectfully request that this Court set the discovery deadline and dispositive motions deadline on the same date as the Pretrial Conference, May 6, 2021.Respectfully submitted, Hionttt tien Kyle N. Sweet, OBA #17711 Garrett Molinsky, OBA #33979 Sweet Law, P.L.C. 24 West Park Place Oklahoma City, Oklahoma 73103 (405) 601-9400 Telephone (405) 601-9444 Facsimile kyle@sweetlawfirm.com garrett.molinsky@sweetlawfirm.com Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above foregoing document was mailed with proper postage thereon on this 3rd day of March 2021 to the offices of: David L. Thomas, OBA #8926 McINTYRE LAW, P.C. 4900 North Portland, Suite 111 Oklahoma City, OK 73112 (405) 286-6353- Telephone (405) 286-6366- Facsimile Counsel for Plaintiff Noble Mcintyre, OBA #16359 Jeremy Thurman, OBA #19586 McINTYRE LAW, P.C. 8601 South Western Avenue Oklahoma City, OK 73139 (405) 917-5250- Telephone (405) 917- 5405- Facsimile Co-Counsel for Plaintiff Liat Mab GARRETT MOLINSKYIN THE DISTRICT COURT OF POTTAWATOMIE COUNTY STATE OF OKLAHOMA NICKOLAS Z. MAULDIN, ) ) Plaintiff, ) ) v. } Case No. C¥-2020-31 ) KEITH A. MEHNER, D.DS., d/b/a ) McLOUD FAMILY DENTISTRY, and) KEITH A. MEHNER, D.DS,P.LLC., +) ) Defendants. ) DEFENDANT KEITH A. MEHNER, D.D.S., P.L.L.C.’S FIRST INTERROGATORIES TO PLAINTIFF To: Nickolas Z. Mauldin C/O: David L. Thomas McIntyre Law 4900 North Portland, Suite 111 Oklahoma City, OK 73112 Pursuant to Section 3233 of the Oklahoma Discovery Code, Title 12 of the Oklahoma Statutes, Defendant, Keith A. Mehner, D.D.S, P.L.L.C., herein propounds the following Interrogatories and requests Plaintiff, Nickolas Z. Mauldin, to answer the Interrogatories separately and fully, within thirty (30) days following receipt thereof. NOTE: These Interrogatories shall be deemed continuing pursuant to 12 O.S. § 3226(E) of the Oklahoma Discovery Code as to require additional answers if you acquire additional information between the time the answers are served and the time of trial. Such additional answers shall be served seasonably, but not later than thirty (30) days after such information is received. Whenever the words "Plaintiff", "you", or "your" appear, or any pronoun referring to Plaintiff, Nikolas Z. Mauldin, the same shall be taken to refer not only to Plaintiff individually, but also to attorneys, agents, employees, investigators, representatives, relatives, and any other EXHIBITRespectfully submitted, Kyle N. Sweet, OBA #17711 Garrett Molinsky, OBA #33979 Sweet LAw, PLC 24 West Park Place Oklahoma City, Oklahoma 73103 (405) 601-9400 Office (405) 601-9444 Facsimile kyle@sweetlawfirm.com garrett.molinsky@sweetlawfirm.com Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above foregoing document was mailed with proper postage thereon on this 13th day of March to the offices of: David L. Thomas, OBA #8926 Noble Mcintyre, OBA #16359 MCINTYRE LAW, P.C. Jeremy Thurman, OBA #19586 4900 North Portland, Suite 111 MCINTYRE LAW, P.C. Oklahoma City, OK 73112 8601 South Western Avenue (405) 286-6353- Telephone Oklahoma City, OK 73139 (405) 286-6366- Facsimile (405) 917-5250- Telephone (405) 917- 5405- Facsimile Counsel for Plaintiff Co-Counsel for Plaintiff GARRETT MOLINSKYIN THE DISTRICT COURT OF POTTAWATOMIE COUNTY STATE OF OKLAHOMA NICKOLAS Z. MAULDIN, ) ) Plaintiff, ) ) v. ) Case No. CJ-2020-31 ) KEITH A. MEHNER, D.D.S., d/b/a ) McLOUD FAMILY DENTISTRY, and y KEITH A. MEHNER, D.D.S, P.L.L.C., ) ) Defendants. y DEFENDANT KEITH A. MEHNER, D.D.S., P.L.L.C.’S FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS TO. PLAINTIFF To: Nickolas Z. Mauldin C/O: David L. Thomas McIntyre Law 4900 North Portland, Suite 111 Oklahoma City, OK 73112 Pursuant to Section 3234 of the Oklahoma Discovery Code, Title 12 of the Oklahoma Statutes, Defendant, Keith A. Mehner, D.D.S, P.L.L.C., herein propounds the following Requests to Plaintiff, Nikolas Z. Mauldin, to answer separately and fully, within thirty (30) days following receipt thereof. NOTE: These Requests shall be deemed continuing pursuant to 12 O.S. § 3226(E) of the Oklahoma Discovery Code as to require additional answers if you acquire additional information between the time the answers are served and the time of trial. Such additional answers shall be served seasonably, but not later than thirty (30) days after such information is received. Whenever the words "Plaintiff", "you", or "your" appear, or any pronoun referring to Plaintiff, Nickolas Z. Mauldin, the same shall be taken to refer not only to Plaintiff individually, but also to attorneys, agents, employees, investigators, representatives, relatives, and any other EXHIBITCERTIFICATE OF SERVICE KEE I hereby certify that a true and correct copy of the above foregoing document was mailed with proper postage thereon on this 13th day of March to the offices of: David L. Thomas, OBA #8926 Noble McIntyre, OBA #16359 MCINTYRE Law, P.C. Jeremy Thurman, OBA #19586 4900 North Portland, Suite 111 MCINTYRE Law, P.C. Oklahoma City, OK 73112 8601 South Western Avenue (405) 286-6353- Telephone Oklahoma City, OK 73139 (405) 286-6366- Facsimile (405) 917-5250- Telephone (405) 917- 5405- Facsimile Counsel for Plaintiff Co-Counsel for Plaintiff GARRETT MOLINSKYIN THE DISTRICT COURT OF POTTAWATOMIE COUNTY STATE OF OKLAHOMA NICKOLAS Z. MAULDIN, ) ) Plaintiff, ) ) vs. ) Case No. CJ-2020-31 ) KEITH A. MEHNER, D.D.S., d/b/a ) McLOUD FAMILY DENTISTRY, and ) KEITH A. MEHNER, D.DS., P.L.L.C., ) Defendants. ) PLAINTIFF'S ANSWERS TO DEFENDANTS FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Plaintiff, Nickolas Z. Mauldin, for his Answers to Defendants First Interrogatories and Requests for Production of Documents, submits as follows: ANSWERS TO INTERROGATORIES PREFATORY OBJECTIONS 1. Plaintiff objects to Defendants Interrogatories where they seek information which is not relevant to Plaintiffs claims against Defendants and are not reasonably calculated to lead to such relevant evidence. 2. Plaintiff objects to Defendants Interrogatories where they seek information protected by the attorney/client privilege. 3. Plaintiff objects to Defendants Interrogatories where they seek information which is protected from discovery by the work product doctrine. 4. Plaintiff objects to Defendants Interrogatories where they are overly broad, unduly burdensome, oppressive, constitute harassment, or would require undue expense to answer.Plaintiff was suffering from a severe infection rather than a dry socket or muscle issue and he should have at least referred Plaintiff to an oral surgeon immediately. Plaintiff did not find out until after the emergency surgery performed by Dr. Sullivan that the original procedure had been done improperly and that the manner in which Plaintiff's tooth was removed was improperl. Plaintiff (as well as his family) feel that Dr. Mehner was arrogant and completely unconcerned throughout the entire ordeal. The ONLY time that Dr. Mehner showed any concern was the night of Plaintiff's surgery after he found out that Plaintiff was in ICU. Following the emergency surgery Plaintiff was forced to undergo he was also told that he was lucky to be alive. Plaintiff was told that had he waited even so much as one more day to seek proper medical care for the infection, it would have reached his brain and killed him. Plaintiff now has an absolute fear of dentists and has not gone to the dentist since this incident other than a quick glance conducted by an Army doctor at basic training. He has a scar on his neck, missed school, lost an extreme amount of weight and was unable to open his mouth for months which kept him from the ability to eat. INTERROGATORY NO. 7: Have you or your attorneys consulted with or retained an expert witness(es) to testify on your behalf at the time of trial? If so, for each such witness state the following: A. the expert's full name, address and specialty; the subject matter on which each expert witness is expected to testify; and a summary of the grounds for each opinion; the qualifications of each expert witness, including a list of all publications authored by the expert witness within the preceding ten (10) years; B Cc. the substance of the facts and opinions to which the expert is expected to testify D. E. the compensation to be paid to the expert witness for the testimony and preparation for the testimony;F. a listing of any other cases in which the expert witness has testified as an expert at trial or by deposition within the preceding four (4) years; and, G. whether said expert ever examined you. ANSWER: _ Dr. Stephen Sullivan at OU will testify as a treating physician regarding his observations of Plaintiff, the surgery he performed and the emergent nature of Plaintiff's injuries. Plaintiff will designate a testifying expert pursuant to the Court's Scheduling Order, once one is entered. INTERROGATORY NO. 8: State the full name, address and anticipated testimony of all witnesses whom you anticipate calling to testify on your behalf at trial. [NOTE: for the purpose of answering this interrogatory, it is not sufficient to merely state that you have not yet determined who will be called as witnesses. Nor is it sufficient to state that witnesses will be identified pursuant to a current or anticipated scheduling order. This interrogatory is intended to identify all persons who you reasonably anticipate at his time, or any time throughout the pendency of discovery, may be called as a witness on your behalf even though your attorneys have not made a final determination as to what witnesses will be called.] ANSWER: _ See Answer to Interrogatory No. 2, above. Plaintiff's entire family went through this event right along with him. They provided him with love and support, took him to all his appointments, and shared in everyone's fears of what the outcome might have been had the decision been made to seek the proper medical care at OU. INTERROGATORY NO. 9: Have you, or your attorneys or anyone on your behalf taken or obtained a written or recorded statement of any individual purporting to have knowledge of any of the allegations in your Petition? If so, as to each such statement, and as to each such individual, state the identity of the individual whose statement was taken, the identity of the individual taking the statement, the date of the statement, the form of the statementRESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST NO. 1: Any and all medical and hospital bills, receipts, invoices, or other documents of whatever nature evidencing the medical expenses allegedly incurred by you as a result of the allegations that are the subject of this lawsuit. RESPONSE: Previously produced on disk on March 30, 2020. REQUEST NO.2: Any and all photographs or videotapes made of you regarding the allegations, injuries, or damages that are the subject of this lawsuit. RESPONSE: Previously produced on disk on March 30, 2020. REQUEST NO. 3: An executed medical authorization for each health care provider and each hospitalization of Plaintiff covering treatment from ten (10) years prior to the date of the injury alleged in this lawsuit to present. (See example authorization attached hereto. Please execute and return with response. ] RESPONSE: Produced on March 30, 2020. Plaintiff objects to the production of or to the Defendants obtaining any medical records or other medical information not related to this lawsuit. REQUEST NO. 4: Any and all narrative medical reports provided to Plaintiff or his attomeys regarding medical condition and/or the injuries and disabilities which Plaintiff suffered by reasons of the acts or omissions described in Plaintiff's Petition. RESPONSE: Previously produced on disk on March 30, 2020. REQUEST NO.5: Any and all reports from expert witnesses. RESPONSE: None. REQUEST NO. 6: Any and all written or recorded statements, audio and/or video tapes, or recordings of any person, or any potential witness regarding any matter which may 12CERTIFICATE OF SERVICE cCEREE eee 1, the undersigned, do hereby that a true and correct copy of the above and foregoing document was mailed, with proper postage prepaid thereon, on this 21st day of May, 2020, to the following counsel of record for the Defendants: Kyle N. Sweet, Esq. Garrett Molinsky, Esq. SWEET LAW, PLC 24 West Park Place Oklahoma City, OK 73103 . Thomas * 16KEITH A. MEHNER, D.D.S., P.L.L.C., and KEITH A. MEHNER, D.D.S., Individually, IN THE DISTRICT COURT OF THE TWENTY-THIRD JUDICIAL DISTRI SITTING IN AND FOR POTTAWATOMIE COUNTY jy E STATE OF OKLAHOMA THE DISTR DB . UI NICKOLAS Z. MAULDIN, ) 0 OCT 29 RE ) Tray, PLAINTIFF, ) Valen tee Coury vs. ) yO NTEEN copys OK ) —s CLR ) Ch20-31 o> Pury ) ) ) DEFENDANTS, ) ) AMENDED SCHEDULING ORDER THIS ORDER is entered this 21" day of Octover, 2020, the Court having determined the case to be at issue. IT IS SO ORDERED that the following must be completed within the time affixed: Neither JOINDER OF ADDITIONAL PARTIES nor AMENDMENT TO THE PLEADINGS may be filed after: December 1, 2020 DISCOVERY must be completed by: February 1, 2021 All DISPOSITIVE MOTIONS must be filed by: February 1, 2021 PRE-TRIAL CONFERENCE date and time: March !, 202i at 3:00 p.m. (Joint Pre-Trial Order due 2/21/21.) JURY TRIAL DATE:** March 8, 2021 at 8:30 a.m. NON-JURY TRIAL DATE: To be determined at Pre-Trial ESTIMATED TIME OF TRIAL: To be determined at Pre-Trial REQUESTED JURY INSTRUCTIONS must be filed by: Time of Jury Selection PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (Non-Jury) must be filed by: To be determined at Pre-Trial RIAL BRIEF must be filed by: To be determined at Pre-Trial ADDITIONALLY ORDERED: Mediation conducted by: Pre-Trial Conference Plaintiff's Final Witness List filed by: February 15, 2021 Defendant’s Final Witness List filed by: February (5, 2021 MEDICAL EXAMINATION of_plaintiff _ shall be completed no later than __December 15, 2020 THE MEDICAL EXAMINER shall submit the report to counsel requesting the examination, who shall submit a complete copy to all counsel, no later than . IT IS ORDERED that no date set by this Order can be changed except for bd cape and upon written a-deor fon EXHIBIT of this Court prior to the date scheduled. Judge of thé i te Court PoaCertificate of Mailing Thereby certify that on the_21°_day of October, 2020, a true and correct copy of the above Order was mailed/delivered to: Attorneys for Plaintiff: David L. Thomas McIntyre Law, P.C. 4900 N. Portland, Ste. 111 Oklahoma City, OK. 73112 Attorneys for Defendant: Kyle N. Sweet, Esq. Sweet Law Firm 24 West Park Place Oklahoma City, OK. 73103 Ae Zbhonte— Sonie Edmonson, Bailiff/SecretarySMe 3g ON 24 WEST PARK PLACE OKLAHOMA CITY, OK 73105 December 17, 2020 Via US Mail David L. Thomas Mcintyre Law, P.C. 4900 North Portland, Ste. 111 Oklahoma City, OK 7312 Re: Nickolas Z. Mauldin v. Keith A. Mehner, D.D.S. Case No. CJ-2020-31; Pottawatomie County District Court Counsel, Please provide the name, and expert disclosures of ali expert witnesses Plaintiff intends to present in this case. Additionally, please provide potential dates for the deposition of said expert witnesses in early January. Once we have scheduled Plaintiff's expert witnesses for deposition, we can schedule Defendant’s expert. Should you have any questions please do not hesitate to contact our firm. Very truly yours, Garrett Molinsky Attorney Enclosures © 4056019400 ¥ 405.6019444 sweetlawfirm.comGarrett Moines Garrett Molinsky From: Sent: Wednesday, January 13, 2021 1:50 PM To: ‘dit8926@gmail.com' Ce: tloabbi@gmail.com; Makenzie Fears Subject: Mauldin v. Mehner - Joint Motion to Continue and Agreed Order Attachments: Joint Motion to Continue Deadlines.doog Agreed Order to Continue Deadlines.docx Good afternoon, Per our telephone call today, please see the attached Joint Motion to Continue Scheduling Deadlines and an Agreed Order for your signature. We will file both as soon as we receive your signed copy, and will attempt to get a new date for the trial, in lieu of waiting for the current hearing set for January 28". If you have any questions or need anything from me feel free to reach out to me at (405) 850-1827. Thank you, Garrett Molinsky Sweet Law Firm 24 W. Park Place Oklahoma City, OK 73103 405-601-9400 main office This e-mail contains information which (a) may be PROPRIETARY IN NATURE OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) is intended only for the use of the addressee(s) named above. if you are not the addressee, or the person responsible for delivering this to the addressee(s), you are notified that reading, copying or distributing this e- mail is prohibited. If you have received this e-mail in error, please contact the sender immediately. EXHIBITIN THE DISTRICT COURT OF POTTAWATOMIE COUNTY STATE OF OKLAHOMA NICKOLAS Z. MAULDIN, Plaintiff, Case No. CJ-2020-31 Judge: Hon. John G. Canavan, Jr. ve KEITH A. MEHNER, D.D.S., d/b/a McLOUD FAMILY DENTISTRY, and KEITH A. MEHNER, D.D.S, P.L.L.C., weve Defendants. AGREED ORDER TO CONTINUE DEADLINES Now, onthis_2( day of J Aay4VUY 2021, the Parties’ Joint Motion to Continue Deadlines comes before the Court. After being fully advised of the premises, and for good cause shown, this Court finds that the Joint Motion should be and is hereby GRANTED. Accordingly, the Pretrial Conference is hereby continued to the 6 dayof LAAT 2021 at_f : YD __jP_m. Furthermore, all associated Scheduling Order Deadlines are continued by 30 days. Dated this 2( day of J AAZ, 2021. John G. Cahavan, Jr., District Judge ruber EXHIBITAPPROVED AS TO FORM: Lath; Motos’ Kyle N. Sweet, OBA #17711 Garrett Molinsky, OBA #33979 SWEET LAW, PLC 24 West Park Place Oklahoma City, OK 73103 (405) 601-9400 Telephone (405) 601-9444 Facsimile kyle@sweetlawfirm.com garrett. molinsky@sweetlawfirm.com Attorneys for Defendants 3 hel 1: Zs, t : THOMAS LAW OFFICE i 4900 North Portland, Suite 111 i Oklahoma City, OK 73112 4 (405) 286-6353 - Telephone (405) 286-6366 - Facsimile Counsel for the Plaintiff -and- Noble McIntyre, OBA #16359 Jeremy Thurman, OBA #19586 McINTYRE LAW, P.C. 8601 South Western Avenue Oklahoma City, OK 73139 i (405) 917- 5200 - Telephone i (405) 917-5405 - Facsimile I Co-Counsel for the PlaintiffGarett i From: Garrett Molinsky Sent: Monday, March 1, 2021 10:43 AM To: “tloabbi* Cc: *dit8926@gmail.com’ Subject: Mauldin v. Mehner Good morning, { hope you both are doing well. | wanted to let you know that I tried to call up to your office on Friday and this morning but the phone line is not working. Could you please let me know the new phone number for our records if your office number has changed? | was hoping to speak to you about the current deadlines we have coming up and get the dates for the expert depositions set. Please give me a call at (405) 601-9400 at your earliest convenience. Thank you, Garrett Molinsky Sweet Law Firm 24 W. Park Place Oklahoma City, OK 73103 405-601-9400 main office This e-mail contains information which (a) may be PROPRIETARY IN NATURE OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) is intended only for the use of the addressee(s) named above. If you are not the addressee, or the person responsible for delivering this to the addressee(s), you are notified that reading, copying or distributing this e- mail is prohibited. tf you have received this e-mail in error, please contact the sender immediately. EXHIBIT pos