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DALLAS COUNTY
11/18/2013 5:29:47 PM
GARY FITZSIMMONS
DISTRICT CLERK
CAUSE NO. DC-12-12887
MUGDOCK TAVERN § IN THE DISTRICT COURT OF
INVESTMENTS
and DUFFY I, LP,
Plaintiffs,
Vv.
CAT SEATTLE, LLC, ASCEND
HEALTH CORPORATION, and
RICHARD KRESCH, Individually, DALLAS COUNTY, TEXAS
Defendants and Counter-
Plaintiffs,
Vv.
Duffy I, LP and JAMES P.
GRAHAM
Counter-Defendants. § 134TH JUDICIAL DISTRICT
DEFENDANTS/COUNTER-PLAINTIFFS’ NOTICE OF INTENT TO ISSUE
SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA
TO All counsel of record.
TO Kristin Todora, Palo Petroleum, Inc., 5944 Luther Lane, Suite 900, Dallas, Texas
75225.
PLEASE TAKE NOTICE that, pursuant to Rules 199 and 205 of the Texas Rules of
Civil Procedure, CAT Seattle, LLC, Ascend Health Corporation, and Richard Kresch
(collectively, “Ascend Defendants”) intend to serve a subpoena for oral deposition duces tecum
on Kristin Todora, Palo Petroleum, Inc., 5944 Luther Lane, Suite 900, Dallas, Texas 75225
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA ~ Page 1
DAL 79233052v3
(‘Todora”). The Ascend Defendants will take the oral and videotaped deposition of Todora
beginning at 10:00 a.m. on November 26, 2013 at the offices of Greenberg Traurig, LLP, 2200
Ross Avenue, Suite 5200, Dallas, Texas 75201. The deposition will continue from day to day
until completed and will be stenographically recorded and will be taken before a person
authorized to administer oaths in the place where the deposition is taken, Pursuant to Rule
199.1(c) of the Texas Rules of Civil Procedure, this is notice that the deposition will be recorded
by other than stenographic means in addition to a stenographic recording, which will also be
made. The method of recording other than stenographic means will be videotape. Any party
wishing to have this deposition recorded by another method may serve written notice designating
the desired method on all other parties and must make arrangements for the additional method at
their own expense. All parties are invited to attend and examine the witness as prescribed by the
Texas Rules of Civil Procedure.
Pursuant to Rule 192.2(b)(5), Todora shall produce and permit inspection and copying of
documents or tangible things to be used as evidence designated and identified on Exhibit “A”
attached hereto at the time and place of the oral deposition.
All parties are requested to supplement their discovery responses at least 48 hours prior to
the depositions.
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA — Page 2
DAL 79233052v3
Respectfully si mite;
Vict qT
Texas State Bar No. 00794798
Charles P. Floyd
Texas State Bar No. 24055487
GREENBERG TRAURIG, LLP
2200 Ross Avenue, Suite 5200
Dallas, Texas 75201
214-665-3600 - Telephone
214-665-3601- Facsimile
ATTORNEYS FOR DEFENDANTS
CAT SEATTLE, LLC, ASCEND
HEALTH CORPORATION, and
RICHARD KRESCH, Individually
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing was served on the
following counsel of record pursuant to the Texas Rules of Civil Procedure by US. certified
mail, return receipt requested and facsimile on November 18, 2013:
Charles C. Frederiksen
Glast, Phillips & Murray, P.C.
14801 Quorum Drive, suite 500
Dallas, Texas 75254
Victor Vital
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA — Page 3
DAL 79233052v3
EXHIBIT “A”
INSTRUCTIONS AND DEFINITIONS
The following instructions and definitions shall govern:
1 If any requested document or information described in this request was, but no
longer is, in your possession, or subject to your custody or control, or in existence, state whether:
a It is missing or lost;
b, It has been destroyed;
C. It has been transferred, voluntarily or involuntarily, to others; or
d It has been disposed of otherwise.
In each instance, explain the circumstances surrounding such disposition and identify the
person(s) directing or authorizing same, and the date(s) thereof. Identify each document or the
information by listing its author, his or her address, type of document (e.g., letter, memorandum,
telegram, chat, photograph, etc.) and/or format of information, date, subject matter, present
location(s), and custodian(s), and state whether the document (or copies) are still in existence.
2. Pursuant to Texas Rule of Civil Procedure 196.4, all data or information that
exists in electronic or magnetic media form shall be produced in its original format on machine-
readable magnetic disk, tape, or CD-ROM, or paper print-out if electronic production is
impracticable. Paper printouts shall be organized and labeled to identify the database, drive or
other media where the original data are stored. All data or information produced in electronic or
magnetic media shall be labeled to identify its format and/or the appropriate computer software
or other means necessary to retrieve it.
3 If any document called for herein is withheld from production for any reason,
including, but not limited to, on a claim of privilege or other asserted protection against
discovery by any statute, rule, doctrine, decision or other ground, please provide a privilege log
setting forth the following information for each document withheld:
a. A description of the document, including the type of document, date,
author, and recipient;
b The identity of all other persons who received copies of the documents;
The basis for withholding the document;
A brief description by subject matter of the privileged matter; and
The request(s) as to which the document is responsive.
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF INTE TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA ~ Page 4
DAL 79233052v3
4 “Document” as used herein is used in the broadest sense permitted by the Texas
Rules of Civil Procedure and shall include, but is not limited to, all written, recorded, or graphic
materials of any nature whatsoever and all copies thereof, whether draft or final, within the
possession, custody, or control of Plaintiff or of any person acting or purporting to act for or on
behalf of Plaintiff, or in concert with it, including but not limited to: information stored on
computer or computer-accessible medium (such as servers, routers, directories, files, databases,
computer databases, imaging, disks, hard drives, back-up, magnetic tapes, data cells, drums, or
CDs), Palm Pilot, Blackberry, or similar device, voice mail, printouts, affidavits, contracts,
agreements, correspondence, e-mails, telegrams, memoranda, records, forms, reports, books,
notebooks, notes, summaries, or records of telephone conversations, personal conversations, or
interviews, diaries, calendars, telex messages, transcripts, appointment or scheduling books,
daytimers, time sheets, statistical statements, work papers, drafts, graphs, charts, slides,
demonstrative or visual aids, accounts, analytical records, minutes or records of meetings or
conferences, consultants’ reports, appraisals, expense accounts, reports or summaries of
negotiations, brochures, lists, journals, advertisements, computer tapes and cards, data processing
input and output, microfilm, and all other written, printed, recorded, or photographic matter or
sound reproductions, however produced or reproduced.
5 The term “computer database” or “database” shall include any information that
may be obtained by electronic or computer means including, but not limited to personal digital
assistants (PDAs) or other handheld computing devices, servers, routers, hard drives, diskettes,
tapes, imaging, CD, software, e-mail, voice mail, data back-up, directories, indexes, files,
databases, or data compilations.
6 The term “person” means any natural person or any legal entity, including a
proprietorship, partnership, limited partnership, trust, firm, corporation, association,
governmental agency, or other organization or association.
oe,
7 The terms “reflec! t” “4 reflecting, regard,” “regarding, » «6 refer to, ee, refers
oe oe 37 ce related to,” and “relating to” mean constituting, consisting of,
to, referring to, relate to,
bearing on, evidencing, indicating, connected with, associated with, or in any way connected
with the matter discussed, in whole or in part.
8 The terms “you, oe, your,” and “yours” refer to Kristin Todora, and/or your
present or former partners, employees, agents, consultants, experts, representatives, heirs,
successors and assigns, and attorneys, as well as all other individuals, persons, and entities in the
employ of or who act, have acted, purport to act, or have purported to act on its behalf.
9 “BoP” refers to the Washington Board of Pharmacy, including its employees,
agents, representatives, and investigators.
10. The term “Transactions” refers to the transactions effected under, by and/or
related to the August 3, 2011 Asset Purchase Agreement between CAT Seattle, LLC and Duffy I,
L.P. and all associated and related instruments and agreements (e.g., Real Estate Purchase
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA — Page 5
DAL 79233052v3
Agreement), as well as the August 23, 2012 Amendment to the Asset Purchase Agreement.
DOCUMENTS TO BE PRODUCED AT DEPOSITION
Please produce the following documents and communications in your possession, custody, and
control relating to the following:
1 All communications with or involving James Graham regarding the Schick Shadel
Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the
Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case.
All communications with or involving Erick Davis, M.D. regarding the Schick Shadel
Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the
Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case.
All communications with or involving Mary Ellen Stewart regarding the Schick Shadel
Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the
Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case.
All communications with or involving Kathy Evans regarding the Schick Shadel Hospital
in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend
Defendants, the Transactions, the BoP, and/or the subject matter of this case.
All communications with or involving Richard St. Peter regarding the Schick Shadel
Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the
Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case.
All communications with or involving Kalyan Dandala, M.D. regarding the Schick
Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the
Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case.
All communications with or involving Marvy Schmidt regarding the Schick Shadel
Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the
Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case.
All communications with or involving Elaine Oksendahl regarding the Schick Shadel
Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the
Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case.
All communications with or involving Debra Kristiansen regarding the Schick Shadel
Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the
Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case.
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF IN’ TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA ~ Page 6
DAL 79233052v3
10. All communications with or involving Doug Beck regarding the Schick Shadel Hospital
in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend
Defendants, the Transactions, the BoP, and/or the subject matter of this case.
11 All communications with or involving Jace Graham regarding the Schick Shadel Hospital
in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend
Defendants, the Transactions, the BoP, and/or the subject matter of this case.
12 All communications with or involving any other employee of Palo Petroleum, Inc.
regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital
in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject
matter of this case.
13 All of James Graham’s communications with or involving Erick Davis, M.D. regarding
the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
14 All of James Graham’s communications with or involving Mary Ellen Stewart regarding
the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
15, All of James Graham’s communications with or involving Kathy Evans regarding the
Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
16 All of James Graham’s communications with or involving Richard St. Peter regarding the
Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
17 All of James Graham’s communications with or involving Kalyan Dandala, M.D.
regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital
in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject
matter of this case.
18 All of James Graham’s communications with or involving Marvy Schmidt regarding the
Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
19 All of James Graham’s communications with or involving Elaine Oksendahl regarding
the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA - Page 7
DAL 79233052v3
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
20. All of James Graham’s communications with or involving Debra Kristiansen regarding
the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
21 All of James Graham’s communications with or involving Doug Beck regarding the
Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
22. All of James Graham’s communications with or involving Jace Graham regarding the
Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
23 All of James Graham’s communications with or involving any other employee of Palo
Petroleum, Inc. regarding the Schick Shadel Hospital in Seattle, Washington, the Schick
Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP,
and/or the subject matter of this case.
24 All of James Graham’s communications with or involving any person regarding the
Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton,
Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of
this case.
25 The audio recording made during the August 9, 2012 meeting between James Graham,
Fred Miller, Richard Kresch, and Steve Page, including any and all steps taken in
preparation to make the recording.
26. The Transactions.
27 The Schick Shadel protocols.
28 The necessary and proper training of Schick Shadel program personnel.
29. Any persons that were improperly or insufficiently trained regarding the Denton, Texas
Schick Shadel program.
30 The experience necessary for Schick Shadel program personnel.
31 Any of the Denton, Texas Schick Shadel personnel that allegedly lacked the experience
necessary for Schick Shadel program personnel.
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA — Page 8
DAL 79233052v3
32 The allegedly improper termination by the Ascend Defendants of any Schick Shadel
personnel,
33 The alleged constructive discharge by the Ascend Defendants of any Shick Shadel
personnel.
34. The alleged retaliatory termination by the Ascend Defendants of Schick Shadel personnel
that had relationships with Plaintiffs.
35 The alleged termination by the Ascend Defendants of Schick Shadel personnel due to
either age or loyal adherence to the Schick Shadel protocols.
36. The alleged threats by the Ascend Defendants to terminate Schick Shadel personnel
without cause and/or the alleged reference by the Ascend Defendants to such alleged
dismissals as “collateral damage.”
37 The alleged failure to adequately staff the Denton, Texas Schick Shadel facility with
practitioners experienced with the Schick Shadel protocols.
38, The alleged substantial changes to the Schick Shadel protocols.
39 The Schick Shadel protocols.
40, The implantation, or lack thereof, as well as the maintenance of any computer network,
database, interface, or software in or for the pharmacy associated with the Schick Shadel
Hospital in Seattle, Washington.
4l The purchase and/or implementation of any Pyxis 3500 Medstation in the Schick Shadel
Hospital in Seattle, Washington, including but not limited to documents related to the
purchase requests, approvals, implementation of any Pyxis 3500 Medstation system
and/or any associated software.
42 Communications between the Schick Shadel Hospital in Seattle, Washington, and the
BoP.
43 Communications between you and the BoP related to the Schick Shadel Hospital in
Seattle, Washington.
44 Any inspections, meetings, discussions, or communications between or by Schick Shadel
Hospital in Seattle, Washington and/or the BoP (or any other governmental or regulatory
authority) related to the pharmacy associated with the Schick Shadel Hospital in Seattle,
Washington.
45 Any inspections, meetings, discussions, or communications between or by Schick Shadel
Hospital in Seattle, Washington and/or the BoP (or any other governmental or regulatory
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA — Page 9
DAL 79233052v3
authority) related to the implementation of any Pyxis 3500 Medstation system and/or any
software associated with any Pyxis 3500 Medstation system.
46 Any inspections, meetings, discussions, or communications between or by Schick Shadel
Hospital in Seattle, Washington and/or the BoP (or any other governmental or regulatory
authority) related to any inspections by the BoP, including the inspection by Stan
Jeppeson on or about July 20, 2009.
47. Any licenses required by any governmental or industry authority for the operation of the
pharmacy associated with the Schick Shadel Hospital in Seattle, Washington, including
but not limited to documents related to the renewal, expiration, or termination of such
licenses by the Schick Shadel Hospital in Seattle, Washington, the BoP, or any other
issuing authority.
48, The due diligence or requests for information made by the Ascend Defendants related to
the Transactions, including but not limited to notes, emails, memos, correspondence, and
personal and business files related to any such requests and/or responses to such requests.
49 The due diligence or requests for information made by Linda Barker related to the
Transactions, including but not limited to notes, emails, memos, correspondence, and
personal and business files related to any such requests and/or responses to such requests.
50. Any quality assessment or continuing quality improvement activities, efforts, or
initiatives related to the pharmacy associated with the Schick Shadel Hospital in Seattle,
Washington.
51 Any meetings, internal or external investigations, evaluation, assessments, or due
diligence performed by Schick Shadel Hospital in Seattle, Washington during the period
prior to the Transactions related to or at which there was discussion of (a) the pharmacy
associated with the Schick Shadel Hospital in Seattle, Washington; or (b) the
representations and/or warranties contained in the Asset Purchase Agreement.
52. Any attorneys’ representation of Schick Shadel Hospital in Seattle, Washington regarding
the pharmacy or pharmacy licensing matters.
CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S
NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM
TO KRISTIN TODORA — Page 10
DAL 79233052v3
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| DALLAS COUNTY 11/18/2013 5:29:47 PM GARY FITZSIMMONS DISTRICT CLERK CAUSE NO. DC-12-12887 MUGDOCK TAVERN § IN THE DISTRICT COURT OF INVESTMENTS and DUFFY I, LP, Plaintiffs, Vv. CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, and RICHARD KRESCH, Individually, DALLAS COUNTY, TEXAS Defendants and Counter- Plaintiffs, Vv. Duffy I, LP and JAMES P. GRAHAM Counter-Defendants. § 134TH JUDICIAL DISTRICT DEFENDANTS/COUNTER-PLAINTIFFS’ NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA TO All counsel of record. TO Kristin Todora, Palo Petroleum, Inc., 5944 Luther Lane, Suite 900, Dallas, Texas 75225. PLEASE TAKE NOTICE that, pursuant to Rules 199 and 205 of the Texas Rules of Civil Procedure, CAT Seattle, LLC, Ascend Health Corporation, and Richard Kresch (collectively, “Ascend Defendants”) intend to serve a subpoena for oral deposition duces tecum on Kristin Todora, Palo Petroleum, Inc., 5944 Luther Lane, Suite 900, Dallas, Texas 75225 CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA ~ Page 1 DAL 79233052v3 (‘Todora”). The Ascend Defendants will take the oral and videotaped deposition of Todora beginning at 10:00 a.m. on November 26, 2013 at the offices of Greenberg Traurig, LLP, 2200 Ross Avenue, Suite 5200, Dallas, Texas 75201. The deposition will continue from day to day until completed and will be stenographically recorded and will be taken before a person authorized to administer oaths in the place where the deposition is taken, Pursuant to Rule 199.1(c) of the Texas Rules of Civil Procedure, this is notice that the deposition will be recorded by other than stenographic means in addition to a stenographic recording, which will also be made. The method of recording other than stenographic means will be videotape. Any party wishing to have this deposition recorded by another method may serve written notice designating the desired method on all other parties and must make arrangements for the additional method at their own expense. All parties are invited to attend and examine the witness as prescribed by the Texas Rules of Civil Procedure. Pursuant to Rule 192.2(b)(5), Todora shall produce and permit inspection and copying of documents or tangible things to be used as evidence designated and identified on Exhibit “A” attached hereto at the time and place of the oral deposition. All parties are requested to supplement their discovery responses at least 48 hours prior to the depositions. CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA — Page 2 DAL 79233052v3 Respectfully si mite; Vict qT Texas State Bar No. 00794798 Charles P. Floyd Texas State Bar No. 24055487 GREENBERG TRAURIG, LLP 2200 Ross Avenue, Suite 5200 Dallas, Texas 75201 214-665-3600 - Telephone 214-665-3601- Facsimile ATTORNEYS FOR DEFENDANTS CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, and RICHARD KRESCH, Individually CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing was served on the following counsel of record pursuant to the Texas Rules of Civil Procedure by US. certified mail, return receipt requested and facsimile on November 18, 2013: Charles C. Frederiksen Glast, Phillips & Murray, P.C. 14801 Quorum Drive, suite 500 Dallas, Texas 75254 Victor Vital CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA — Page 3 DAL 79233052v3 EXHIBIT “A” INSTRUCTIONS AND DEFINITIONS The following instructions and definitions shall govern: 1 If any requested document or information described in this request was, but no longer is, in your possession, or subject to your custody or control, or in existence, state whether: a It is missing or lost; b, It has been destroyed; C. It has been transferred, voluntarily or involuntarily, to others; or d It has been disposed of otherwise. In each instance, explain the circumstances surrounding such disposition and identify the person(s) directing or authorizing same, and the date(s) thereof. Identify each document or the information by listing its author, his or her address, type of document (e.g., letter, memorandum, telegram, chat, photograph, etc.) and/or format of information, date, subject matter, present location(s), and custodian(s), and state whether the document (or copies) are still in existence. 2. Pursuant to Texas Rule of Civil Procedure 196.4, all data or information that exists in electronic or magnetic media form shall be produced in its original format on machine- readable magnetic disk, tape, or CD-ROM, or paper print-out if electronic production is impracticable. Paper printouts shall be organized and labeled to identify the database, drive or other media where the original data are stored. All data or information produced in electronic or magnetic media shall be labeled to identify its format and/or the appropriate computer software or other means necessary to retrieve it. 3 If any document called for herein is withheld from production for any reason, including, but not limited to, on a claim of privilege or other asserted protection against discovery by any statute, rule, doctrine, decision or other ground, please provide a privilege log setting forth the following information for each document withheld: a. A description of the document, including the type of document, date, author, and recipient; b The identity of all other persons who received copies of the documents; The basis for withholding the document; A brief description by subject matter of the privileged matter; and The request(s) as to which the document is responsive. CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF INTE TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA ~ Page 4 DAL 79233052v3 4 “Document” as used herein is used in the broadest sense permitted by the Texas Rules of Civil Procedure and shall include, but is not limited to, all written, recorded, or graphic materials of any nature whatsoever and all copies thereof, whether draft or final, within the possession, custody, or control of Plaintiff or of any person acting or purporting to act for or on behalf of Plaintiff, or in concert with it, including but not limited to: information stored on computer or computer-accessible medium (such as servers, routers, directories, files, databases, computer databases, imaging, disks, hard drives, back-up, magnetic tapes, data cells, drums, or CDs), Palm Pilot, Blackberry, or similar device, voice mail, printouts, affidavits, contracts, agreements, correspondence, e-mails, telegrams, memoranda, records, forms, reports, books, notebooks, notes, summaries, or records of telephone conversations, personal conversations, or interviews, diaries, calendars, telex messages, transcripts, appointment or scheduling books, daytimers, time sheets, statistical statements, work papers, drafts, graphs, charts, slides, demonstrative or visual aids, accounts, analytical records, minutes or records of meetings or conferences, consultants’ reports, appraisals, expense accounts, reports or summaries of negotiations, brochures, lists, journals, advertisements, computer tapes and cards, data processing input and output, microfilm, and all other written, printed, recorded, or photographic matter or sound reproductions, however produced or reproduced. 5 The term “computer database” or “database” shall include any information that may be obtained by electronic or computer means including, but not limited to personal digital assistants (PDAs) or other handheld computing devices, servers, routers, hard drives, diskettes, tapes, imaging, CD, software, e-mail, voice mail, data back-up, directories, indexes, files, databases, or data compilations. 6 The term “person” means any natural person or any legal entity, including a proprietorship, partnership, limited partnership, trust, firm, corporation, association, governmental agency, or other organization or association. oe, 7 The terms “reflec! t” “4 reflecting, regard,” “regarding, » «6 refer to, ee, refers oe oe 37 ce related to,” and “relating to” mean constituting, consisting of, to, referring to, relate to, bearing on, evidencing, indicating, connected with, associated with, or in any way connected with the matter discussed, in whole or in part. 8 The terms “you, oe, your,” and “yours” refer to Kristin Todora, and/or your present or former partners, employees, agents, consultants, experts, representatives, heirs, successors and assigns, and attorneys, as well as all other individuals, persons, and entities in the employ of or who act, have acted, purport to act, or have purported to act on its behalf. 9 “BoP” refers to the Washington Board of Pharmacy, including its employees, agents, representatives, and investigators. 10. The term “Transactions” refers to the transactions effected under, by and/or related to the August 3, 2011 Asset Purchase Agreement between CAT Seattle, LLC and Duffy I, L.P. and all associated and related instruments and agreements (e.g., Real Estate Purchase CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA — Page 5 DAL 79233052v3 Agreement), as well as the August 23, 2012 Amendment to the Asset Purchase Agreement. DOCUMENTS TO BE PRODUCED AT DEPOSITION Please produce the following documents and communications in your possession, custody, and control relating to the following: 1 All communications with or involving James Graham regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. All communications with or involving Erick Davis, M.D. regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. All communications with or involving Mary Ellen Stewart regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. All communications with or involving Kathy Evans regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. All communications with or involving Richard St. Peter regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. All communications with or involving Kalyan Dandala, M.D. regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. All communications with or involving Marvy Schmidt regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. All communications with or involving Elaine Oksendahl regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. All communications with or involving Debra Kristiansen regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF IN’ TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA ~ Page 6 DAL 79233052v3 10. All communications with or involving Doug Beck regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 11 All communications with or involving Jace Graham regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 12 All communications with or involving any other employee of Palo Petroleum, Inc. regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 13 All of James Graham’s communications with or involving Erick Davis, M.D. regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 14 All of James Graham’s communications with or involving Mary Ellen Stewart regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 15, All of James Graham’s communications with or involving Kathy Evans regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 16 All of James Graham’s communications with or involving Richard St. Peter regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 17 All of James Graham’s communications with or involving Kalyan Dandala, M.D. regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 18 All of James Graham’s communications with or involving Marvy Schmidt regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 19 All of James Graham’s communications with or involving Elaine Oksendahl regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA - Page 7 DAL 79233052v3 Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 20. All of James Graham’s communications with or involving Debra Kristiansen regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 21 All of James Graham’s communications with or involving Doug Beck regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 22. All of James Graham’s communications with or involving Jace Graham regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 23 All of James Graham’s communications with or involving any other employee of Palo Petroleum, Inc. regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 24 All of James Graham’s communications with or involving any person regarding the Schick Shadel Hospital in Seattle, Washington, the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, the BoP, and/or the subject matter of this case. 25 The audio recording made during the August 9, 2012 meeting between James Graham, Fred Miller, Richard Kresch, and Steve Page, including any and all steps taken in preparation to make the recording. 26. The Transactions. 27 The Schick Shadel protocols. 28 The necessary and proper training of Schick Shadel program personnel. 29. Any persons that were improperly or insufficiently trained regarding the Denton, Texas Schick Shadel program. 30 The experience necessary for Schick Shadel program personnel. 31 Any of the Denton, Texas Schick Shadel personnel that allegedly lacked the experience necessary for Schick Shadel program personnel. CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA — Page 8 DAL 79233052v3 32 The allegedly improper termination by the Ascend Defendants of any Schick Shadel personnel, 33 The alleged constructive discharge by the Ascend Defendants of any Shick Shadel personnel. 34. The alleged retaliatory termination by the Ascend Defendants of Schick Shadel personnel that had relationships with Plaintiffs. 35 The alleged termination by the Ascend Defendants of Schick Shadel personnel due to either age or loyal adherence to the Schick Shadel protocols. 36. The alleged threats by the Ascend Defendants to terminate Schick Shadel personnel without cause and/or the alleged reference by the Ascend Defendants to such alleged dismissals as “collateral damage.” 37 The alleged failure to adequately staff the Denton, Texas Schick Shadel facility with practitioners experienced with the Schick Shadel protocols. 38, The alleged substantial changes to the Schick Shadel protocols. 39 The Schick Shadel protocols. 40, The implantation, or lack thereof, as well as the maintenance of any computer network, database, interface, or software in or for the pharmacy associated with the Schick Shadel Hospital in Seattle, Washington. 4l The purchase and/or implementation of any Pyxis 3500 Medstation in the Schick Shadel Hospital in Seattle, Washington, including but not limited to documents related to the purchase requests, approvals, implementation of any Pyxis 3500 Medstation system and/or any associated software. 42 Communications between the Schick Shadel Hospital in Seattle, Washington, and the BoP. 43 Communications between you and the BoP related to the Schick Shadel Hospital in Seattle, Washington. 44 Any inspections, meetings, discussions, or communications between or by Schick Shadel Hospital in Seattle, Washington and/or the BoP (or any other governmental or regulatory authority) related to the pharmacy associated with the Schick Shadel Hospital in Seattle, Washington. 45 Any inspections, meetings, discussions, or communications between or by Schick Shadel Hospital in Seattle, Washington and/or the BoP (or any other governmental or regulatory CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA — Page 9 DAL 79233052v3 authority) related to the implementation of any Pyxis 3500 Medstation system and/or any software associated with any Pyxis 3500 Medstation system. 46 Any inspections, meetings, discussions, or communications between or by Schick Shadel Hospital in Seattle, Washington and/or the BoP (or any other governmental or regulatory authority) related to any inspections by the BoP, including the inspection by Stan Jeppeson on or about July 20, 2009. 47. Any licenses required by any governmental or industry authority for the operation of the pharmacy associated with the Schick Shadel Hospital in Seattle, Washington, including but not limited to documents related to the renewal, expiration, or termination of such licenses by the Schick Shadel Hospital in Seattle, Washington, the BoP, or any other issuing authority. 48, The due diligence or requests for information made by the Ascend Defendants related to the Transactions, including but not limited to notes, emails, memos, correspondence, and personal and business files related to any such requests and/or responses to such requests. 49 The due diligence or requests for information made by Linda Barker related to the Transactions, including but not limited to notes, emails, memos, correspondence, and personal and business files related to any such requests and/or responses to such requests. 50. Any quality assessment or continuing quality improvement activities, efforts, or initiatives related to the pharmacy associated with the Schick Shadel Hospital in Seattle, Washington. 51 Any meetings, internal or external investigations, evaluation, assessments, or due diligence performed by Schick Shadel Hospital in Seattle, Washington during the period prior to the Transactions related to or at which there was discussion of (a) the pharmacy associated with the Schick Shadel Hospital in Seattle, Washington; or (b) the representations and/or warranties contained in the Asset Purchase Agreement. 52. Any attorneys’ representation of Schick Shadel Hospital in Seattle, Washington regarding the pharmacy or pharmacy licensing matters. CAT SEATTLE, LLC, ASCEND HEALTH CORPORATION, AND RICHARD KRESCH’S NOTICE OF INTENT TO ISSUE SUBPOENA FOR ORAL DEPOSITION DUCES TECUM TO KRISTIN TODORA — Page 10 DAL 79233052v3