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FILED: RICHMOND COUNTY CLERK 06/24/2013 INDEX NO. 150116/2012
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 06/24/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
ROBERT VALENTI,
Index No. 150116/2012
Plaintiff,
-against-
PLAINTIFF’S SECOND DEMANDS
FOR PRODUCTION OF DOCUMENTS
JOHN J. GADOMSKI, M.D., SHIMON
AND INFORMATION AS TO
OAMI, M.D., LABORATORY
DEFENDANTS LABORATORY
CORPORATION OF AMERICA
CORPORATION OF AMERICA
HOLDINGS, LABORATORY
HOLDINGS, LABORATORY
CORPORATION OF AMERICA,
CORPORATION OF AMERICA
PATRICIA C. McCORMACK, M.D. and
“JANE DOE,” P.A., intended to represent
the female Physician Assistant in the
office of Dr. McCormack who was
involved in the care and treatment of
plaintiff, but whose name is not yet known,
Defendants.
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules, plaintiff ROBERT VALENTI, by his counsel THE LAW FIRM OF RAVI BATRA,
P.C., as and for PLAINTIFF’S SECOND DEMANDS FOR PRODUCTION OF
DOCUMENTS AND INFORMATION AS TO DEFENDANTS LABORATORY
CORPORATION OF AMERICA HOLDINGS, LABORATORY CORPORATION OF
AMERICA [collectively “LabCorp”] hereby requests and demands that you produce for
inspection, examination, and copying to the undersigned counsel, the documents and things
designated below at the offices of THE LAW FIRM OF RAVI BATRA, P.C., 142
Lexington Avenue, New York, NY 10016, within twenty (20) days.
1
PLEASE TAKE FURTHER NOTICE that pursuant to C.P.L.R. § 3101(a)(1), all
references within this demand to Laboratory Corporation of America Holdings and
Laboratory Corporation of America [collectively “LabCorp”], refer to the LabCorp
defendants, their employees, agents, servants, and all those acting on their behalf, at their
direction, or under their control, including defendant Dr. Oami, other staff physicians,
nurses, para-professionals, technicians, LabCorp components, clinical affiliates, faculty
practice plans, or professional entities under LabCorp’s control.
The documents and things requested for production, inspection, examination, and
copying, are:
1. Any “Slide Custody Agreements” pertaining to the tissue specimen
associated with plaintiff Robert Valenti at issue in this litigation, believed to be identified
by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number: AAC31791130.
2. Any documents and materials which would reflect the whereabouts of the
tissue specimen associated with plaintiff Robert Valenti at issue in this litigation, believed
to be identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number:
AAC31791130 from January 6, 2010 until the present.
3. Any documents and materials, including copies of the “Slides” of the tissue
specimen associated with plaintiff Robert Valenti at issue in this litigation, believed to be
identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number:
AAC31791130 reflecting the condition and appearance of the sample from January 6, 2010
until the present.
2
4. Any documents and materials wherein LabCorp purports to have received
permission and/or authority of plaintiff Robert Valenti to transfer custody of the tissue
specimen associated with plaintiff Robert Valenti at issue in this litigation, believed to be
identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number:
AAC31791130, at any time during the period January 6, 2010 until the present.
5. Any protocols, guidelines, rules and/or regulations maintained and/or
used by LabCorp pertaining to the transfer of custody of “Slides,” samples and specimens,
in effect from January 6, 2010 until the present.
6. Any listings of ICD-9 Codes provided by LabCorp to defendant John
Gadomski, M.D.
7. Any documents and materials containing instructions provided to
healthcare providers for completing requisition forms of the type Bates Numbered
LABCORP 0001 as produced by the LabCorp defendants in response to plaintiff’s first
demand for discovery.
8. Documents and materials reflecting the education, training, job
descriptions, tenure and experience of LabCorp witness designee, including, but in no way
limited to:
a. current resumes and/or Curriculum Vitae;
b. any resumes and/or Curriculum Vitae reflecting status from
January 1, 2010 until the present.
3
9. Any documents and materials that identify which LabCorp laboratory
facility the tissue sample from the person of Robert Valenti at issue in this litigation,
believed to be identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req
Number: AAC31791130 was ostensibly examined/analyzed by defendant Shimon Oami,
M.D.
10. Any deficiency statements and/or violations issued to the LabCorp
laboratory facility referenced in Demand # 8, supra, during the period January 1, 2009
through the present, by any government and or private regulatory body.
11. Any documents and materials reflecting the assignment to Dr. Oami to
assess/examine/analyze the tissue sample from the person of Robert Valenti at issue in this
litigation, believed to be identified by LabCorp as: Specimen # 007-Q97-0110-0;
Control/Req Number: AAC31791130.
12. Any documents and materials reflecting ICD-9 Codes available to defendant
Shimin Oami, from the LabCorp defendants, at the time Dr. Oami ostensibly completed his
pathology report regarding any examination/analysis/assessment of the tissue sample from
the person of Robert Valenti at issue in this litigation, believed to be identified by LabCorp
as: Specimen # 007-Q97-0110-0; Control/Req Number: AAC31791130, as reflected in
the report Bates Numbered LABCORP 0003-0004 as produced by the LabCorp defendants
in response to plaintiff’s first demand for discovery
4
In lieu of the foregoing, the plaintiff will accept clearly legible true photocopies of
the said items (in color if applicable), if received by her attorneys THE LAW FIRM OF
RAVI BATRA, P.C., within twenty (20) days after service of this Demand, together with an
affirmation from attorney(s) for the defendant advising as to the completeness of the items
provided.
PLEASE TAKE FURTHER NOTICE, that failure to provide the aforesaid items
within twenty (20) days after receipt of this notice will leave you subject to the provisions
of the C.P.L.R..
PLEASE TAKE FURTHER NOTICE that this demand is in addition to any other
or prior demands issued by the plaintiff and a response to any demand herein does not
constitute a response to any other demand. By issuing the instant demands, plaintiff has not
withdrawn or substituted any other previously interposed demands.
PLEASE TAKE FURTHER NOTICE that pursuant to Rule 202.7, with a view
towards minimizing the need for motion practice and the burden upon the Courts, the
Plaintiff makes a good faith request that the LabCorp defendants comply with and produce
all materials which were not provided in LabCorp’s response to plaintiff’s first demand for
disclosure served on or about August 3, 2013.
PLEASE TAKE FURTHER NOTICE, that failure to comply with this or any prior
or subsequent demand may be used as a basis for adverse relief, including the strike of
pleadings and judgment by default.
5
PLEASE TAKE FURTHER NOTICE, that the foregoing is to be considered a
continuing demand and that if any of the above items are obtained after the date of this
Demand, they are to be furnished to the undersigned, pursuant to these Demands. Items not
provided will be subject to preclusion at the time of trial.
Dated: New York, New York
June 24, 2013
he Law Firm of Ravi Batra, P.C.
Attorneys for Plaintiff
142 Lexington Avenue
New York, New York 10016
(212) 545-1993
To:
Rawle & Henderson, LLP (Via NYSCEF)
Attorneys for Defendants Laboratory Corporation ofAmerica Holdings
and Laboratory Corporation ofAmerica
14 Wall Street, 27th Floor
New York, NY 10005
(212) 323-7070; Fax: (212) 323-7099
Lewis, Rice & Fingersh, L.c. (Courtesy Copy)
Pro hac vice Attorneys for Defendants
Laboratory Corporation ofAmerica Holdings
and Laboratory Corporation ofAmerica
600 Washington Avenue, Suite 2500
st. Louis, MO 63101
(314) 444-7600; Fax: (314) 612-7763
6
Keller, O’Reilly & Watson, P.C.
Attorneys for Defendant Shimon Oami, M.D.
242 Crossways Park West
Woodbury, NY 11797
(516) 496-1919; Fax: (516) 496-9791
Amabile & Erman, P.C.
Attorneys for Defendants John J. Gadomski, M.D.
and Patricia C. McCormack, M.D.
1000 South Avenue
Staten Island, NY 10314
(718) 370-7030; Fax: (718) 370-3656
Valenti.R\0624132ndDiscoDemandsLabCorp
7
Index No. 150116/2012
W44444444444444444444444444444444444444
NEW YORK SUPREME COURT
RICHMOND COUNTY
ROBERT VALENTI,
Plaintiff,
-against-
JOHN J. GADOMSKI, M.D., SHIMON OAMI, M.D.,
LABORATORY CORPORATION OF AMERICA HOLDINGS,
LABORATORY CORPORATION OF AMERICA,
PATRICIA C. McCORMACK, M.D. and “JANE DOE,” P.A., intended to
represent the female Physician Assistant in the office of
Dr. McCormack who was involved in the care and treatment of plaintiff,
but whose name is not yet known,
Defendants.
W4444444444444444444444444444444444U
PLAINTIFF’S SECOND DEMANDS FOR PRODUCTION OF
DOCUMENTS AND INFORMATION AS TO DEFENDANTS
LABORATORY CORPORATION OF AMERICA HOLDINGS,
LABORATORY CORPORATION OF AMERICA
W44444444444444444444444444444444444
T HE L AW F IRM OF R AVI B ATRA , P.C.
Attorneys for Plaintiff
The Batra Building
142 Lexington Avenue
New York, NY 10016
(212)545-1993
Valenti.R\0624132ndDiscoDemandsLabCorp
W44444444444444444444444444444444444444
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FILED: RICHMOND COUNTY CLERK 06/24/2013 INDEX NO. 150116/2012 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 06/24/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ROBERT VALENTI, Index No. 150116/2012 Plaintiff, -against- PLAINTIFF’S SECOND DEMANDS FOR PRODUCTION OF DOCUMENTS JOHN J. GADOMSKI, M.D., SHIMON AND INFORMATION AS TO OAMI, M.D., LABORATORY DEFENDANTS LABORATORY CORPORATION OF AMERICA CORPORATION OF AMERICA HOLDINGS, LABORATORY HOLDINGS, LABORATORY CORPORATION OF AMERICA, CORPORATION OF AMERICA PATRICIA C. McCORMACK, M.D. and “JANE DOE,” P.A., intended to represent the female Physician Assistant in the office of Dr. McCormack who was involved in the care and treatment of plaintiff, but whose name is not yet known, Defendants. PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, plaintiff ROBERT VALENTI, by his counsel THE LAW FIRM OF RAVI BATRA, P.C., as and for PLAINTIFF’S SECOND DEMANDS FOR PRODUCTION OF DOCUMENTS AND INFORMATION AS TO DEFENDANTS LABORATORY CORPORATION OF AMERICA HOLDINGS, LABORATORY CORPORATION OF AMERICA [collectively “LabCorp”] hereby requests and demands that you produce for inspection, examination, and copying to the undersigned counsel, the documents and things designated below at the offices of THE LAW FIRM OF RAVI BATRA, P.C., 142 Lexington Avenue, New York, NY 10016, within twenty (20) days. 1 PLEASE TAKE FURTHER NOTICE that pursuant to C.P.L.R. § 3101(a)(1), all references within this demand to Laboratory Corporation of America Holdings and Laboratory Corporation of America [collectively “LabCorp”], refer to the LabCorp defendants, their employees, agents, servants, and all those acting on their behalf, at their direction, or under their control, including defendant Dr. Oami, other staff physicians, nurses, para-professionals, technicians, LabCorp components, clinical affiliates, faculty practice plans, or professional entities under LabCorp’s control. The documents and things requested for production, inspection, examination, and copying, are: 1. Any “Slide Custody Agreements” pertaining to the tissue specimen associated with plaintiff Robert Valenti at issue in this litigation, believed to be identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number: AAC31791130. 2. Any documents and materials which would reflect the whereabouts of the tissue specimen associated with plaintiff Robert Valenti at issue in this litigation, believed to be identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number: AAC31791130 from January 6, 2010 until the present. 3. Any documents and materials, including copies of the “Slides” of the tissue specimen associated with plaintiff Robert Valenti at issue in this litigation, believed to be identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number: AAC31791130 reflecting the condition and appearance of the sample from January 6, 2010 until the present. 2 4. Any documents and materials wherein LabCorp purports to have received permission and/or authority of plaintiff Robert Valenti to transfer custody of the tissue specimen associated with plaintiff Robert Valenti at issue in this litigation, believed to be identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number: AAC31791130, at any time during the period January 6, 2010 until the present. 5. Any protocols, guidelines, rules and/or regulations maintained and/or used by LabCorp pertaining to the transfer of custody of “Slides,” samples and specimens, in effect from January 6, 2010 until the present. 6. Any listings of ICD-9 Codes provided by LabCorp to defendant John Gadomski, M.D. 7. Any documents and materials containing instructions provided to healthcare providers for completing requisition forms of the type Bates Numbered LABCORP 0001 as produced by the LabCorp defendants in response to plaintiff’s first demand for discovery. 8. Documents and materials reflecting the education, training, job descriptions, tenure and experience of LabCorp witness designee, including, but in no way limited to: a. current resumes and/or Curriculum Vitae; b. any resumes and/or Curriculum Vitae reflecting status from January 1, 2010 until the present. 3 9. Any documents and materials that identify which LabCorp laboratory facility the tissue sample from the person of Robert Valenti at issue in this litigation, believed to be identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number: AAC31791130 was ostensibly examined/analyzed by defendant Shimon Oami, M.D. 10. Any deficiency statements and/or violations issued to the LabCorp laboratory facility referenced in Demand # 8, supra, during the period January 1, 2009 through the present, by any government and or private regulatory body. 11. Any documents and materials reflecting the assignment to Dr. Oami to assess/examine/analyze the tissue sample from the person of Robert Valenti at issue in this litigation, believed to be identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number: AAC31791130. 12. Any documents and materials reflecting ICD-9 Codes available to defendant Shimin Oami, from the LabCorp defendants, at the time Dr. Oami ostensibly completed his pathology report regarding any examination/analysis/assessment of the tissue sample from the person of Robert Valenti at issue in this litigation, believed to be identified by LabCorp as: Specimen # 007-Q97-0110-0; Control/Req Number: AAC31791130, as reflected in the report Bates Numbered LABCORP 0003-0004 as produced by the LabCorp defendants in response to plaintiff’s first demand for discovery 4 In lieu of the foregoing, the plaintiff will accept clearly legible true photocopies of the said items (in color if applicable), if received by her attorneys THE LAW FIRM OF RAVI BATRA, P.C., within twenty (20) days after service of this Demand, together with an affirmation from attorney(s) for the defendant advising as to the completeness of the items provided. PLEASE TAKE FURTHER NOTICE, that failure to provide the aforesaid items within twenty (20) days after receipt of this notice will leave you subject to the provisions of the C.P.L.R.. PLEASE TAKE FURTHER NOTICE that this demand is in addition to any other or prior demands issued by the plaintiff and a response to any demand herein does not constitute a response to any other demand. By issuing the instant demands, plaintiff has not withdrawn or substituted any other previously interposed demands. PLEASE TAKE FURTHER NOTICE that pursuant to Rule 202.7, with a view towards minimizing the need for motion practice and the burden upon the Courts, the Plaintiff makes a good faith request that the LabCorp defendants comply with and produce all materials which were not provided in LabCorp’s response to plaintiff’s first demand for disclosure served on or about August 3, 2013. PLEASE TAKE FURTHER NOTICE, that failure to comply with this or any prior or subsequent demand may be used as a basis for adverse relief, including the strike of pleadings and judgment by default. 5 PLEASE TAKE FURTHER NOTICE, that the foregoing is to be considered a continuing demand and that if any of the above items are obtained after the date of this Demand, they are to be furnished to the undersigned, pursuant to these Demands. Items not provided will be subject to preclusion at the time of trial. Dated: New York, New York June 24, 2013 he Law Firm of Ravi Batra, P.C. Attorneys for Plaintiff 142 Lexington Avenue New York, New York 10016 (212) 545-1993 To: Rawle & Henderson, LLP (Via NYSCEF) Attorneys for Defendants Laboratory Corporation ofAmerica Holdings and Laboratory Corporation ofAmerica 14 Wall Street, 27th Floor New York, NY 10005 (212) 323-7070; Fax: (212) 323-7099 Lewis, Rice & Fingersh, L.c. (Courtesy Copy) Pro hac vice Attorneys for Defendants Laboratory Corporation ofAmerica Holdings and Laboratory Corporation ofAmerica 600 Washington Avenue, Suite 2500 st. Louis, MO 63101 (314) 444-7600; Fax: (314) 612-7763 6 Keller, O’Reilly & Watson, P.C. Attorneys for Defendant Shimon Oami, M.D. 242 Crossways Park West Woodbury, NY 11797 (516) 496-1919; Fax: (516) 496-9791 Amabile & Erman, P.C. Attorneys for Defendants John J. Gadomski, M.D. and Patricia C. McCormack, M.D. 1000 South Avenue Staten Island, NY 10314 (718) 370-7030; Fax: (718) 370-3656 Valenti.R\0624132ndDiscoDemandsLabCorp 7 Index No. 150116/2012 W44444444444444444444444444444444444444 NEW YORK SUPREME COURT RICHMOND COUNTY ROBERT VALENTI, Plaintiff, -against- JOHN J. GADOMSKI, M.D., SHIMON OAMI, M.D., LABORATORY CORPORATION OF AMERICA HOLDINGS, LABORATORY CORPORATION OF AMERICA, PATRICIA C. McCORMACK, M.D. and “JANE DOE,” P.A., intended to represent the female Physician Assistant in the office of Dr. McCormack who was involved in the care and treatment of plaintiff, but whose name is not yet known, Defendants. W4444444444444444444444444444444444U PLAINTIFF’S SECOND DEMANDS FOR PRODUCTION OF DOCUMENTS AND INFORMATION AS TO DEFENDANTS LABORATORY CORPORATION OF AMERICA HOLDINGS, LABORATORY CORPORATION OF AMERICA W44444444444444444444444444444444444 T HE L AW F IRM OF R AVI B ATRA , P.C. Attorneys for Plaintiff The Batra Building 142 Lexington Avenue New York, NY 10016 (212)545-1993 Valenti.R\0624132ndDiscoDemandsLabCorp W44444444444444444444444444444444444444