On July 06, 2015 a
Party Statement
was filed
involving a dispute between
Shelley A. Mcmindes-Wojdan, As Administratrix Of The Estate Of,
Timothy Wojdan,
and
Andrew J. Eckert M.D.,
Charles Wiles M.D.,
Erie County Medical Center Corporation,
Tatiana V. Boyko M.D.,
William Dice M.D.,
for Medical Malpractice
in the District Court of Erie County.
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FILED: ERIE COUNTY CLERK 05/07/2018 02:31 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
TIMOTHY WOJDAN,
ATTORNEY AFFIDAVIT
Plaintiff, IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
v. PROTECTIVE ORDER
ERIE COUNTY MEDICAL CENTER CORPORATION,
WILLIAM DICE, M.D. Index No.: 808140/2015
ANDREW J. ECKERT, M.D.
TATIANA V. BOYKO, M.D.
CHARLES WILES, M.D.
Defendants.
STATE OF NEW YORK )
COUNTY OF ERIE ) ss.:
COLLEEN K. MATTREY, being duly admitted to practice in allof the Courts of the
State of New York and under penalty of perjury hereby deposes and says:
1. I am a member of the law firm of Smith, Sovik, Kendrick & Sugnet, P.C.,
attorneys of record for Dr. William Dice in the above captioned matter. As such I am fully
familiar with the facts and circumstances recited herein.
2. This Affidavit is respectfully submitted in opposition to Plaintiff's application for
a protective order precluding any further testimony of Shelly McMindes-Wojdan.
3. Your deponent herein adopts and incorporates by reference the procedural history,
factual history and legal arguments as outlined by my esteemed co-defense counsel, Florina
Altshiler, Esq., in her Affidavit filed on behalf of Dr. Wiles on or about Monday April 30, 2018.
Altshiler'
4. In addition to Ms. s argument we respectfully submit a few additional
points for the Court's consideration.
(50786129.1)
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FILED: ERIE COUNTY CLERK 05/07/2018 02:31 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2018
5. As the Court will see in the deposition transcript, the defense has endured a
tortuous with this particular deponent. For the Court's McMindes-
history information, Shelly
Wojdan is the wife of Plaintiff, Timothy Wojdan and since before this accident has been his
acting Power of Attorney. Since this accident, ithas been well established in this deposition
transcript as well as throughout his medical records that Ms. McMindes-Wojdan has made most
of his medical decisions and also is the source of most of his medical information relating to this
accident. As testified to by Mr. Wojdan himself, most of the substantive information regarding
his treatment for this accident is within the knowledge of his wife, as due to his medical
conditions/treatment, he cannot recall most details. Attached hereto as Exhibit A the complete
transcript of Timothy Wojdan.
6. As the Court can glean from the multi volume transcript of Ms. McMindes-
Wojdan, there have been several road blocks on each and every occasion to defense counsel
being able to complete this deposition in any cohesive fashion. In fact, your deponent has not
asked a single question of Ms. McMindes-Wojdan and as a representative of a named party, has
right to do so. Defense counsel has encountered significant resistance Ms. McMindes-
every by
Wojdan in answering questions, providing documentation demanded through discovery of her
counsel, and even arguments on the record with her own counsel. Mr. Cohen has even inserted
comments on the record regarding observations he made of Mr. Wojdan's condition that are
tantamount to making himself a witness in this action.
7. Unfortunately, there have even been several times in this deposition where
counsel and his client argue and counsel yells at Ms. McMindes-Wojdan. We have had to take
multiple breaks for Ms. McMindes-Wojdan to compose herself following these incidents
between Ms. McMindes-Wojdan and Mr. Cohen.
(50786129.1)
2 of 3
FILED: ERIE COUNTY CLERK 05/07/2018 02:31 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2018
8. The defense is entitled to a full and complete deposition of a witness. Whether a
formal party or not, she is the main source of information on behalf of her husband, Mr. Timothy
Wojdan, the Plaintiff in this action. There is absolutely no indication in the record or otherwise
that defense counsel has been anything but professional or purposefully been delaying or
extending this deposition. We simply would like a fair deposition with all of the information
necessary without obstruction from the witness or plaintiff's counsel.
9. We therefore request that the Court deny Plaintiff's application for a protective
Order in its entirety.
Dated: Buffalo, New York
May 7, 2018
Respectfully Submitted,
S H SOVIK KE DRICK & SUGNET, PC
Conn K. Mattrey, Esq.
'
Attorneys for Defendant Wi Dice, D
'
14 Lafayette Square, 500 Rand B ding
Buffalo, New York 14202
Tel. (800) 675-0011
Sworn to before me on this
Day of May, 2018.
Not Public
SEAN D.SCHOENBORN
Notary Public,Stateof New York
QualifiedinErie County
My Commission Expires 3/18/20 g 7.
(50786129.1)
3 of 3
Document Filed Date
May 07, 2018
Case Filing Date
July 06, 2015
Category
Medical Malpractice
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FILED: ERIE COUNTY CLERK 05/07/2018 02:31 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE TIMOTHY WOJDAN, ATTORNEY AFFIDAVIT Plaintiff, IN OPPOSITION TO PLAINTIFF'S MOTION FOR v. PROTECTIVE ORDER ERIE COUNTY MEDICAL CENTER CORPORATION, WILLIAM DICE, M.D. Index No.: 808140/2015 ANDREW J. ECKERT, M.D. TATIANA V. BOYKO, M.D. CHARLES WILES, M.D. Defendants. STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: COLLEEN K. MATTREY, being duly admitted to practice in allof the Courts of the State of New York and under penalty of perjury hereby deposes and says: 1. I am a member of the law firm of Smith, Sovik, Kendrick & Sugnet, P.C., attorneys of record for Dr. William Dice in the above captioned matter. As such I am fully familiar with the facts and circumstances recited herein. 2. This Affidavit is respectfully submitted in opposition to Plaintiff's application for a protective order precluding any further testimony of Shelly McMindes-Wojdan. 3. Your deponent herein adopts and incorporates by reference the procedural history, factual history and legal arguments as outlined by my esteemed co-defense counsel, Florina Altshiler, Esq., in her Affidavit filed on behalf of Dr. Wiles on or about Monday April 30, 2018. Altshiler' 4. In addition to Ms. s argument we respectfully submit a few additional points for the Court's consideration. (50786129.1) 1 of 3 FILED: ERIE COUNTY CLERK 05/07/2018 02:31 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2018 5. As the Court will see in the deposition transcript, the defense has endured a tortuous with this particular deponent. For the Court's McMindes- history information, Shelly Wojdan is the wife of Plaintiff, Timothy Wojdan and since before this accident has been his acting Power of Attorney. Since this accident, ithas been well established in this deposition transcript as well as throughout his medical records that Ms. McMindes-Wojdan has made most of his medical decisions and also is the source of most of his medical information relating to this accident. As testified to by Mr. Wojdan himself, most of the substantive information regarding his treatment for this accident is within the knowledge of his wife, as due to his medical conditions/treatment, he cannot recall most details. Attached hereto as Exhibit A the complete transcript of Timothy Wojdan. 6. As the Court can glean from the multi volume transcript of Ms. McMindes- Wojdan, there have been several road blocks on each and every occasion to defense counsel being able to complete this deposition in any cohesive fashion. In fact, your deponent has not asked a single question of Ms. McMindes-Wojdan and as a representative of a named party, has right to do so. Defense counsel has encountered significant resistance Ms. McMindes- every by Wojdan in answering questions, providing documentation demanded through discovery of her counsel, and even arguments on the record with her own counsel. Mr. Cohen has even inserted comments on the record regarding observations he made of Mr. Wojdan's condition that are tantamount to making himself a witness in this action. 7. Unfortunately, there have even been several times in this deposition where counsel and his client argue and counsel yells at Ms. McMindes-Wojdan. We have had to take multiple breaks for Ms. McMindes-Wojdan to compose herself following these incidents between Ms. McMindes-Wojdan and Mr. Cohen. (50786129.1) 2 of 3 FILED: ERIE COUNTY CLERK 05/07/2018 02:31 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 05/07/2018 8. The defense is entitled to a full and complete deposition of a witness. Whether a formal party or not, she is the main source of information on behalf of her husband, Mr. Timothy Wojdan, the Plaintiff in this action. There is absolutely no indication in the record or otherwise that defense counsel has been anything but professional or purposefully been delaying or extending this deposition. We simply would like a fair deposition with all of the information necessary without obstruction from the witness or plaintiff's counsel. 9. We therefore request that the Court deny Plaintiff's application for a protective Order in its entirety. Dated: Buffalo, New York May 7, 2018 Respectfully Submitted, S H SOVIK KE DRICK & SUGNET, PC Conn K. Mattrey, Esq. ' Attorneys for Defendant Wi Dice, D ' 14 Lafayette Square, 500 Rand B ding Buffalo, New York 14202 Tel. (800) 675-0011 Sworn to before me on this Day of May, 2018. Not Public SEAN D.SCHOENBORN Notary Public,Stateof New York QualifiedinErie County My Commission Expires 3/18/20 g 7. (50786129.1) 3 of 3