Motion,Ex Parte: Duda, M.D., Francis J. vs. Baystate Medical Practices, Inc. Formerly Known As Baystate Medical Education and Research Foundation, Inc.

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“A

COMMONWEALTH OF MASSACHUSETTS

HAMPDEN COUNTY

Hampden, ss. SUPERIOR COURT Superior Court Department
ELLED of the Trial Court
MAY 2.9 2018 Civil Action No. 15-679

FRANCIS J. DUDA, M.D., Cheek ,

Plaintiff )
vs. ) DEFENDANT’S MOTION AND

) MEMORANDUM OF LAW TO

BAYSTATE MEDICAL PRACTICES, INC., ) REQUEST PANEL VOIR DIRE
f/k/a BAYSTATE MEDICAL EDUCATION __ )
AND RESEARCH FOUNDATION, INC. )

Defendant )

Defendant, Baystate Medical Practices, Inc. f/k/a Baystate Medical Education and
Research Foundation, Inc. (“BMP”), pursuant to M.G.L. c. 234, § 28, and Superior Court Rule
6(3)(a), requests that its counsel be permitted to conduct panel voir dire regarding the general
topics as set forth herein.

Pursuant to M.G.L. c. 234, § 28 and Superior Court Rule 6(3)(a), BMP requests that its
attorneys be allowed reasonable time to conduct oral examination of the jury venire. M.G.L. c.
234, § 28 provides “the court shall permit, upon the request of any party’s attorney or self-
represented party, the party’s attorney or self-represented party to conduct an oral examination of
the prospective jurors at the discretion of the court.” BMP requests to conduct questioning of a
panel of potential jurors on the following general topics:

1. Any juror or a juror’s close family member’s employment with Baystate Health, Inc.,

Baystate Medical Practices, Inc. or Baystate Medical Center, Inc.

2. Any biases toward a large health care provider.

3. Any biases for any reason toward Baystate Medical Center, Inc.

a44. Any biases toward a large employer.

5. A juror’s or a juror’s close family member who is or was a patient of Dr. Duda, Dr.
Koenigs, Dr. Levine or Dr. Quizon.

6. Any biases or beliefs relating to disputes between an employee and his or her
employer.

7. Any biases towards physicians.

8. Tendency to believe or disbelieve a physician over a nurse.

9. A juror or juror’s close family member who has been diagnosed with cerebral palsy
or other medical conditions that affect a person’s mobility.

10. A juror or juror’s close family member who believes that they have been subjected to
age or disability discrimination by his or her employer.

11. A juror or juror’s close family member who has been treated for depression for
reasons related to his or her work.

12. A juror or juror’s close family member whose employment was terminated by his or
her employer.

13. A juror or juror’s close family member who is or was a nurse.For all the foregoing reasons, BMP requests that its attorney be allowed to conduct panel

voir dire of the prospective jurors.

May 29, 2018

Certificate of Service and Compliance

I, Mary J. Kennedy, attorney for the defendant,
Baystate Medical Practices, Inc., f/k/a Baystate
Medical Education and Research Foundation, Inc.,
in this above matter, hereby certify that a true copy
of the above document was served upon the
attorney of record for each party by hand delivery
on May 29, 2018 and is being filed within the
designated time standards in accordance with
Superior Court Department Standing Order No. I-
88 or by Leave of the Regional Administrative

Justice.

2936258v1

The Defendant

BAYSTATE MEDICAL PRACTICES, INC.
fvk/a BAYSTATE MEDICAL EDUCATION
AND RESEARCH FOUNDATION, INC.

By Its Attorney:

Mary J. Kennedy — BBO No. 552345
Jennifer K. Cannon — BBO No. 664431
Bulkley, Richardson and Gelinas, LLP
1500 Main Street - Suite 2700

P.O. Box 15507

Springfield, MA 01115

Tel: (413) 272-6242; Fax: (413) 272-6803
mkennedy@bulkley.com
jeannon@bulkley.com