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1 STEVEN B. PISER, SBN 62414
LAW OFFICES OF STEVEN B. PISER
2 A Professional Corporation
FIL
499 Fourteenth Street, Suite 210
Oakland, Califomia 94612
Telephone 510-835-5582
Attomey for Douglas G. Sykes curr MAY 14 2004
RIOR cou
Deputy
IN TEE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF ALAMEDA
10
GWEN R. SYKES, ) Case No. RGO3106646
11 )
Plaintiff, ) SEPARATE STATEMENT OF
12 )})DISCOVERY SOUGHT RE DEPOSITION
Vv. ) OF THE CUSTODIAN OF RECORDS OF
13 ) KEVIN SMITH, M.D.
DOUGLAS SYKES, an individual, DOES 1 +)
14 through 20, inclusive, ) Date: June 18, 2004
) Time: 2:00 p.m.
15 Defendants ) Dept: 31
) Reservation No. 370280
16 ) Trial Date: October 1, 2004 x
17 gf
LL.
Legal
By
18 STATEMENT OF FACTS Das
Filed
19 According to plaintiff, Gwen Sykes, Kevin Smith, M.D., provided her with treatment for
One
20 diseases she claims to have contracted from defendant Douglas Sykes.
21 In January 2004, Sykes subpoenaed, through a copy service, Dr. Smith’s records
regarding his treatment of Ms. Sykes. Incomplete records were produced and no affidavit of
23 custodian was provided. Thereafter, on April 23, 2004, defendant noticed the deposition of the
24 custodian of records, served a deposition subpoena and affidavit. As an accommodation to Dr.
25 Smith’s office, counsel agreed that ifthe records were made available for photocopying at Dr.
26 Smith’s office and an affidavit of custodian provided prior to the deposition date of May 10,
27 2004, the deposition need not go forward. Though Dr. Smith’s office agreed to thisprocedure,
28 when contacted by Gina Minion of Ikon, they refused to produce any records prior to May 11,
Law[Ifices
of
1
STEVEN
8. FISER
SEPARATE STATEMENT OF DISCOVERY SOUGHT (KEVIN SMITH, M.D.)
PAGE. 98
MAY 14 2084 11:39
05-14-2004 = 11:36 FROM- nO T-28) .009/030 F-909
Â¥
4
@ ;
2004, the day after the deposition was set. Dr. Smith’s office was oe. in writing, that that
procedure was unacceptable.
WH
On May 10, 2004, the custodian failed to appear for deposition.
WW
When further efforts were made to secure the records, the witness refused, ignoring the
FS
obligation imposed by the subpoena and requiring an authorization from Ms. Sykes.
OO
RELIEF REQUESTED
Nn
By this motion, defendant seeks an order compelling the attendance of the custodian of
records for deposition and production of allmedical records relating or referring to any treatment
of Gwen Sykes atthat deposition. Defendant also seeks the reasonable costs and attomey’s fees
10 incurred in connection with this motion.
1 SEPARATE STATEMENT OF DISCOVERY SOUGHT
12 The deposition subpoena sought the following records:
13 All medical records relating or referring to Gwendolyn
(Gwen) Sykes aka Gwendolyn Rowe-Lee aka Gwendolyn Rowe
14 from 1988 to the present, including records with regard to
laboratory reports, consultations, billings and other materials
15 pertaining to professional services provided to Gwen Sykes (aka
Rowe-Lee aka Rowe). The produced records should include, but
16 not be limited to, records of treatment for any of the following
conditions: (1) emotional distress; (2) nervousness; (3) depression;
17 (4) herpes; (5) pregnancy; (6) any sexually transmitted disease; (7)
shingles; (8) any condition or disease related to the urinary tract or
18 reproductive system.
19 Response of witness:
20 The witness failed to produce any documents.
21 REASON FOR COMPELLING FURTHER RESPONSE
22 In January 2004, certain documents were produced, however, no affidavit of custodian
23 was provided and the records appeared incomplete.
24 The records sought are directly relevant to the issues in this case in that plaintiff, Gwen
25 Sykes, has claimed, among other things, that she contracted various sexually-transmitted diseases
26 from defendant and that she sought treatment for those alleged diseases from Dr. Smith. She also
27 claims she suffered urinary tract infection, depression, nervousness and emotional distress.
28 MTTt
LawCffices of
2
STEVEN
8. FISER
SEPARATE STATEMENT OF DISCOVERY SOUGHT (KEVIN SMITH, M.D.)
MAY 14 2004 11:42 PAGE. @9
T-28! «= P.010/030 F909
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] Plaintiff does not object to the production of these documents. Her counsel appeared at
2 the deposition.
Respectfully submitted,
a2
Dated: May 13, 2004 LAW OFFICES OF STEVEN B. PISER
ay
A Professioyial Corporation
WN
By:
HA
SteVen B. Piser
Affomey for Defendant
~~
Douglas Sykes
CO
Oo
LawOffices
of : 3
STEVEN
6. SISER
SEPARATE STATEMENT OF DISCOVERY SOUGHT (KEVIN SMITH, M.D.)
PAGE. 18
MAY 14 2884 11:42
Preview
5-14-2004 = 11:36 FROM * wt ® Aa |; 1 STEVEN B. PISER, SBN 62414 LAW OFFICES OF STEVEN B. PISER 2 A Professional Corporation FIL 499 Fourteenth Street, Suite 210 Oakland, Califomia 94612 Telephone 510-835-5582 Attomey for Douglas G. Sykes curr MAY 14 2004 RIOR cou Deputy IN TEE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA 10 GWEN R. SYKES, ) Case No. RGO3106646 11 ) Plaintiff, ) SEPARATE STATEMENT OF 12 )})DISCOVERY SOUGHT RE DEPOSITION Vv. ) OF THE CUSTODIAN OF RECORDS OF 13 ) KEVIN SMITH, M.D. DOUGLAS SYKES, an individual, DOES 1 +) 14 through 20, inclusive, ) Date: June 18, 2004 ) Time: 2:00 p.m. 15 Defendants ) Dept: 31 ) Reservation No. 370280 16 ) Trial Date: October 1, 2004 x 17 gf LL. Legal By 18 STATEMENT OF FACTS Das Filed 19 According to plaintiff, Gwen Sykes, Kevin Smith, M.D., provided her with treatment for One 20 diseases she claims to have contracted from defendant Douglas Sykes. 21 In January 2004, Sykes subpoenaed, through a copy service, Dr. Smith’s records regarding his treatment of Ms. Sykes. Incomplete records were produced and no affidavit of 23 custodian was provided. Thereafter, on April 23, 2004, defendant noticed the deposition of the 24 custodian of records, served a deposition subpoena and affidavit. As an accommodation to Dr. 25 Smith’s office, counsel agreed that ifthe records were made available for photocopying at Dr. 26 Smith’s office and an affidavit of custodian provided prior to the deposition date of May 10, 27 2004, the deposition need not go forward. Though Dr. Smith’s office agreed to thisprocedure, 28 when contacted by Gina Minion of Ikon, they refused to produce any records prior to May 11, Law[Ifices of 1 STEVEN 8. FISER SEPARATE STATEMENT OF DISCOVERY SOUGHT (KEVIN SMITH, M.D.) PAGE. 98 MAY 14 2084 11:39 05-14-2004 = 11:36 FROM- nO T-28) .009/030 F-909 ¥ 4 @ ; 2004, the day after the deposition was set. Dr. Smith’s office was oe. in writing, that that procedure was unacceptable. WH On May 10, 2004, the custodian failed to appear for deposition. WW When further efforts were made to secure the records, the witness refused, ignoring the FS obligation imposed by the subpoena and requiring an authorization from Ms. Sykes. OO RELIEF REQUESTED Nn By this motion, defendant seeks an order compelling the attendance of the custodian of records for deposition and production of allmedical records relating or referring to any treatment of Gwen Sykes atthat deposition. Defendant also seeks the reasonable costs and attomey’s fees 10 incurred in connection with this motion. 1 SEPARATE STATEMENT OF DISCOVERY SOUGHT 12 The deposition subpoena sought the following records: 13 All medical records relating or referring to Gwendolyn (Gwen) Sykes aka Gwendolyn Rowe-Lee aka Gwendolyn Rowe 14 from 1988 to the present, including records with regard to laboratory reports, consultations, billings and other materials 15 pertaining to professional services provided to Gwen Sykes (aka Rowe-Lee aka Rowe). The produced records should include, but 16 not be limited to, records of treatment for any of the following conditions: (1) emotional distress; (2) nervousness; (3) depression; 17 (4) herpes; (5) pregnancy; (6) any sexually transmitted disease; (7) shingles; (8) any condition or disease related to the urinary tract or 18 reproductive system. 19 Response of witness: 20 The witness failed to produce any documents. 21 REASON FOR COMPELLING FURTHER RESPONSE 22 In January 2004, certain documents were produced, however, no affidavit of custodian 23 was provided and the records appeared incomplete. 24 The records sought are directly relevant to the issues in this case in that plaintiff, Gwen 25 Sykes, has claimed, among other things, that she contracted various sexually-transmitted diseases 26 from defendant and that she sought treatment for those alleged diseases from Dr. Smith. She also 27 claims she suffered urinary tract infection, depression, nervousness and emotional distress. 28 MTTt LawCffices of 2 STEVEN 8. FISER SEPARATE STATEMENT OF DISCOVERY SOUGHT (KEVIN SMITH, M.D.) MAY 14 2004 11:42 PAGE. @9 T-28! «= P.010/030 F909 Q5-14-2004 = 11:36 FROM" r @ | ] Plaintiff does not object to the production of these documents. Her counsel appeared at 2 the deposition. Respectfully submitted, a2 Dated: May 13, 2004 LAW OFFICES OF STEVEN B. PISER ay A Professioyial Corporation WN By: HA SteVen B. Piser Affomey for Defendant ~~ Douglas Sykes CO Oo LawOffices of : 3 STEVEN 6. SISER SEPARATE STATEMENT OF DISCOVERY SOUGHT (KEVIN SMITH, M.D.) PAGE. 18 MAY 14 2884 11:42