Preview
FILED
DALLAS COUNTY
12/20/2013 10:35:35 AM
GARY FITZSIMMONS
DISTRICT CLERK
ISSUED IN THE NAME O F THE STATE OF TEXAS
CAUSE NO. DC-12-T2887
MUGDOCK TAVERN s IN THE DISTRICT COURT OF
INVESTMENTS $
and DUFFY I, LP, s
s
Plaintiffs, s
$
v $
s
CAT SEATTLE, LLC, ASCEND $
HEALTH CORPORATION, and s
RICHARD KRESCH, Individually, s DALLAS COUNTY, TEXAS
$
Defendants and Counter- s
Plaintiffs, s
$
v s
s
DUFFY I, LP and JAMES P. s
GRAHAM s
s
Counter-Defendants. s 134TH JUDICIAL DISTRICT
CAT SEATTLE, LLC,ASCEND HEALTH CORPORATION, AND RICHARD
KRESCH'S SUBPOENA FOR DEPOSITION ON WRITTEN QUESTIONS DUCES
TECUM TO KATHY EVANS
ISSUED IN THE NAME OF THE STATE OF TEXAS
TO ANY SHERIFF, CONSTABLE, OR OFFICER FOR THE STATE OF TEXAS OR ANY
OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS
PROVIDED IN TEXAS RULES OF CIVL PROCEDURE 176.5,
YOU ARE HEREBY COMMANDED TO SUBPOENA AND SUMMON THE FOLLOWING
WITNESS:
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENAFORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO KA EVANS - Page I
DAL 79234883V4
Kathy Evans
20454 Lakeshore Dr.
Flint, Texas 75762
to appear and give testimony at a deposition on the written questions listed on Exhibit ß^"
attached hereto before a certified court reporter at 10:00 a.m. on January 13,2013 at the offices
of Greenberg Traurig, LLP,2200 Ross Avenue, Suite 5200, Dallas, Texas 75201and to produce
and permit inspection and copying of documents or tangible things to be used as evidence
designated and identified on Exhibit "8" altached hereto.
Duties of person served with subpoena. You are advised that under Texas Rule of Civil
Procedure 176, a person served with a subpoena has certain rights and obligations. Rule 176.6
provides the following:
(a) Comptíance required. Except as provided in this subdivision, a person served with a
subpoena must comply with the command stated therein unless discharged by the
court or by the party summoning such witness. A person commanded to appear and
give testimony must remain at the place of deposition, hearing, or trial from day to
day until discharged by the court or by the party summoning the witness.
(b) Organizations. If a subpoena commanding testimony is directed to a corporation,
partnership, association, goveÍrmental agency, or other organization, and the matters
on which examination is requested are described with reasonable particularity, the
organization must designate one or more persons to testify on its behalf as to matters
known or reasonably available to the organization.
(c) Production of documents or tangible things. A person commanded to produce
documents or tangible things need not appear in person at the time and place of
production unless the person is also commanded to attend and give testimony, either
in the same subpoena or a separate one. A person must produce documents as they
are kept in the usual course of business or must organize and label them to correspond
with the categories in the demand. A person may withhold material or information
claimed to be privileged but must comply with Rule 193.3. A nonparty's production
of a document authenticates the document for use against the nonparty to the same
extent as a party's production of a document is authenticated for use against the party
under Rule 193.7.
(d) Objections. A person commanded to produce and permit inspection or copying of
designated documents and things may serve on the party requesting issuance of the
subpoena-before the time specified for compliance-written objections to producing
any or all of the designated materials. A person need not comply with the part of the
subpoena to which objection is made as provided in this paragraph unless ordered to
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENA F'ORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO EVANS -Page2
DAL 79234883v4
do so by the court. The party requesting the subpoena may move for such an order at
any time after an objection is made.
(e) Protective orders. A person commanded to appear at a deposition, hearing, or trial,
or to produce and permit inspection and copying of designated documents and things,
and any other person affected by the subpoena, may move for a protective order
under Rule 192.6(b)-before the time specified for compliance-either in the court in
which the action is pending or in a district court in the county where the subpoena
was served. The person must serve the motion on all parties in accordance with Rule
21a. A person need not comply with the part of a subpoena from which protection is
sought under this paragraph unless ordered to do so by the court. The party
requesting the subpoena may seek such an order at any time after the motion for
protection is filed.
(f) Triøl subpoenas. A person commanded to attend and give testimony, or to produce
documents or things, at a hearing or trial, may object or move for protective order
before the court at the time and place specified for compliance, rather than under
paragraphs (d) and (e).
Contempt. Failure by any person without adequate excuse to obey a subpoena served on that
person may be deemed a contempt of the court from which the subpoena is issued or a district
court in the county in which the subpoena is served, and may be punished by fine or confinement
or both. Tex. R. Civ. P. 176.8(a).
DO NOT FAIL to return this writ to the I34th Judicial District Court of Dallas County, Texas,
with either the attached officer's return showing the manner of execution or the witness's signed
memorandum showing that the witness accepted the subpoena.
This subpoena was issued at the request of Victor D. Vital, Greenberg Traurig, LLP, 2200 Ross
Avenue, Suite 5200, Dallas, Texas 75201, the attomey of record for Defendants/Counter-
Plaintiffs CAT Seattle LLC, Ascend Health Corporation, and Richard Kresch.
Issued on December 20,2013
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENAFORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS - Page 3
DAL 79234883v4
Victor D
Texas State Bar No. 00794798
Charles P. Floyd
Texas State Bar No. 24055487
Nicholas A. Sarokhanian
Texas State Bar No. 24075020
GnnrNnpRG TRAURTG, LLP
2200 Ross Avenue, Suite 5200
Dallas, Texas 75201
214-665-3600 - Telephone
214-665 -3 601 - Facsimile
ATTORNEYS FOR ASCEND
DEFENDANTS AND COUNTER.
PLAINTIFF'S
RETURN OF ST]BPOENA
Came to hand the _ day of ,2013, at o'clock,
and executed by delivering a copy of this notice of deposition on written questions -.m.,
and subpoena
duces tecum to the within-named - in person at
1n County, Texas, on the _ day of 20-,
at _o'clock _.m. I further certiflithat all witness fees required by law were tendered at the time
ofservice.
Or, not executed to the witness for the following reasons
Served by:
Name Printed
Address:
CAT SEATTLE. LLC. ASCEND HEALTH . AND RICHARD KRESCH'S
SUBPOENA FOR DEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS - P age 4
DAL 79234883v4
ACCEPTANCE OF SERVICE OF SUBPOENA BY
WITNESS PER TEXAS RULE OF CIVIL PROCEDURE 176.
I, as the person having legal responsibility for
certiff that on I was served with the attached subpoena and that I agree to
comply with its terms as required.
Dated 2013
Received by:
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENA FOR DEPOSITION ON V¡IIITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS - Page 5
DAL 79234883v4
EXHIBIT "A''
1. Please state your full name, occupation, official title, home address, and business address
2 Are you the custodian of records for your documents, communications, files, and other
records?
a
J In your capacity as the custodian of records, are you familiar with whether you maintain
records of your business activities?
4. Are the documents that are responsive to the requests in Exhibit "8" kept under your
care, supervision, custody, or control?
5 Was it in the regular course of your business activity for you or other persons with
personal knowledge of the act, event, condition, opinion, or diagnosis identified in the
documents responsive to the requests in Exhibit "B" to make such documents or to
transmit such information to be included in the documents?
6 Were the documents responsive to the requests in Exhibit "B" made at or near the time of
Ihe act, event, condition, opinion, or diagnosis identified in the records or within a
reasonable time thereaft er?
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENA FOR DEPOSITION ON OIIESTIONS DUCES TECUM
TO KATHY EVANS- Page 6
DAL 79234883v4
'Were in Exhibit "B" made and kept in your
7 the documents responsive to the requests
regular course of daily business activities by you?
8 Were the documents responsive to the requests in Exhibit "8" transmitted to your files,
and did you maintain the records as part of your official duties as the custodian of records
for you?
9 Please hand the originals or exact duplicates of the documents responsive to the requests
in Exhibit "8" to the court reporter taking your deposition for photocopying and
attachment to this deposition. Have you now given all of the documents responsive to the
requests in Exhibit "B" to the court reporter taking your deposition? If not, identify for
the court reporter the documents you did not produce and explain why you did not
produce them.
10 In the event you are unable to find any of the documents responsive to the requests in
Exhibit "B," how long do you maintain your files,and do you ever destroy your files?
11 Are you aware of any other person that may have possession of documents pertaining to
the subject matter of this lawsuit? If so, please state the name and address of such entity
or person, if known.
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHAIU) KRESCH'S
SUBPOENA FOR DEPOSITION ON \ilRITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS -Page 7
DAL 79234883v4
12 Have you been requested or directed by a person to withhold or protect, for any reason,
the documents responsive to Exhibit "8"? Has any person suggested that you should
withhold or protect the documents responsive to Exhibit "B"? If so, please state the name
and address of the person who conveyed this information to you and when such event
occurred.
13 Do you know or have reason to believe that the documents responsive to Exhibit "B"
have in any manner been edited, purged, culled, or otherwise culled? If so, please
identify such documents and explain why and how they were altered or removed.
t4. If any of the documents responsive to Exhibit "B" were, but are no longer, in your
possession, custody, or control, or no longer exist, state whether (1) they are missing or
lost, (2) they were destroyed, (3) they were transferred to others, or (4) they were
otherwise disposed of, and explain the circumstances surrounding their disposition,
including the date of such disposition.
15. Are the documents you handed to the court reporter true and correct copies of the
documents in your possession, custody, or control?
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENA FOR DEPOSITION ON WRITTEN QUESTIONS DUCES TECUM
TO KATHY EVANS - Page I
DAL 79234883v4
Signed this _ date of 2014.
Kathy Evans
Sworn to and subscribed before me this day of 2014.
-
Notary Public for the State of Texas
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND ICHARD KRESCH'S
SUBPOENA FOR DEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS - Page 9
DAL 79234883v4
EXHIBIT "B''
INSTRUCTIONS AND DEFINITI ONS
The following instructions and definitions shall govern:
1. Ifany 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 transfered, 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 identiff its format and/or the appropriate computer software
or other ûreans 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;
c. The basis for withholding the document;
d. A brief description by subject matter of the privileged matter; and
e. The request(s) as to which the document is responsive.
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENA FORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS - Page 10
DAL 79234883v4
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
rnaterials 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 cornputer-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, coffespondence, 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, analyical records, minutes or records of meetings or
conferences, consultants' repofis, 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, routets, 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,
goveÍrmental agency, or other organization or association.
7. The terms "reflect," "reflecting," "regard," "regarding," "refer to," "refers
tor" "referring to," "relate to," "related to," and "relating to" mean constituting, consisting of,
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," "your," and "yours" refer to Kathy Evans, andlor your present
or fonner 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 itsbehalf.
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
SUBPOENA FOR DEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS - Page 11
DAL 79234883v4
Agreement), as well as the August 23,2012 Amendment to the Asset Purchase Agteement.
DOCUMENTS TO BE PRODUCED AT DEPOSITION
For the time period of July 1,2010 to the present, 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 Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
2 Al1 communications with or involving Erick Davis, M.D. regarding the Schick Shadel
Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
-t All communications with or involving Mary Ellen Stewart regarding the Schick Shadel
Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
4 All communications with or involving Kristin Todora regarding the Schick Shadel
Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
5 All communications with or involving Richard St. Peter regarding the Schick Shadel
Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
6 All communications with or involving Kalyan Dandala, M.D. regarding the Schick
Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
7 All communications with or involving Marvy Schmidt regarding the Schick Shadel
Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
8 All communications with or involving Elaine Oksendahl regarding the Schick Shadel
Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
9 All communications with or involving Debra Kristiansen regarding the Schick Shadel
Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
10. All communications with or involving Doug Beck regarding the Schick Shadel Hospital
in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
11. All communications with or involving Jace Graham regarding the Schick Shadel Hospital
in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP.
t2 All communications with or involving any other employee of Palo Petroleum, Inc.
regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the
Transactions, and the BoP.
CAT SEATTLE, LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENA F'ORDEPOSITION ON WRITTEN QUE,STLW
TO KATHY EVANS _ Page 12
DAL 79234883v4
13 All of James Graham's communications with or involving Erick Davis, M.D. regarding
the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions,
and the BoP.
14 All of James Graham's communications with or involving Mary Ellen Stewart regarding
the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions,
and the BoP.
15 All of James Graham's communications with or involving Kristin Todora regarding the
Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and
the BoP.
t6 All of James Graham's communications with or involving Richard St. Peter regarding the
Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and
the BoP.
17. All of James Graham's communications with or involving Kalyan Dandala, M.D.
regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the
Transactions, and the BoP.
18. All of James Graham's communications with or involving Marvy Schmidt regarding the
Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and
the BoP.
t9. All of James Graham's communications with or involving Elaine Oksendahl regarding
the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions,
and the BoP.
20. All of James Graham's communications with or involving Debra Kristiansen regarding
the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions,
and the BoP.
2r. All of James Graham's communications with or involving Doug Beck regarding the
Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and
the BoP.
22 All of James Graham's communications with or involving Jace Graham regarding the
Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and
the BoP.
23 All of James Graham's communications with or involving any other employee of Palo
Petroleum, Inc. regarding the Schick Shadel Hospital in Denton, Texas, the Ascend
Defendants, the Transactions, and the BoP.
CAT SEATTLE. LLC. ASCEND HEALTH C ORPORATION. AND RICHARD KRESCH'S
SUBPOENAFOR DEPOSITION ON WRITTEN OUE DT]CES TECUM
TO KATHY
DAL 79234883v4
EVANS - Page 13
24. All of James Graham's communications with or involving any person regarding the
Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and
the BoP.
25. The audio recording made during the August 9,2072 meeting between James Graham,
Fred Miller, Richard Kresch, and Steve Page, including any and all steps taken in
preparation to make the recording.
26. Changes to the Schick Shadel protocols for use in the Denton, Texas Schick Shadel
progfam.
27. The necess ary and proper training of Schick Shadel program personnel.
28. Any persons that were improperly or insufficiently trained regarding the Denton, Texas
Schick Shadel program.
29. The experience necessary for Schick Shadel program personnel.
30. Any of the Denton, Texas Schick Shadel personnel that allegedly lacked the experience
necessary for Schick Shadel program personnel.
31. The allegedly improper termination by the Ascend Defendants of any Schick Shadel
personnel, except for Mary Ellen Stewart andlor Dave'Wick.
32. The alleged constructive discharge by the Ascend Defendants of any Shick Shadel
personnel, except for Mary Ellen Stewart andlor Dave Wick.
JJ. The alleged retaliatory termination by the Ascend Defendants of Schick Shadel
personnel, except for Mary Ellen Stewart and/or Dave Wick, that had relationships with
Plaintiffs.
34. The alleged termination by the Ascend Defendants of Schick Shadel personnel, except
for Mary Ellen Stewart andlor Dave Wick, due to loyal adherence to the Schick Shadel
protocols.
35. The alleged threats by the Ascend Defendants to terminate Schick Shadel personnel,
except for Mary Ellen Stewart andlor Dave Wick, without cause andlor the alleged
reference by the Ascend Defendants to such alleged dismissals as "collateral damage."
36. The alleged failure to adequately staff the Denton, Texas Schick Shadel facility with
practitioners experienced with the Schick Shadel protocols.
31. The alleged substantial changes to the Schick Shadel protocols.
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND KRESCH'S
SUBPOENA F'ORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS -Page 14
DAL 79234883v4
38 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.
39. 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 systern
andlor any associated software.
40. Communications between the Schick Shadel Hospital in Seattle, Washington, and the
BoP.
41. Communications between you and the BoP related to the Schick Shadel Hospital in
Seattle, Washington.
42 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.
43. Any inspections, meetings, discussions, or communications between or by Schick Shadel
Hospital in Seattle, Washington and/or the BoP (or any other govemmental or regulatory
authority) related to the implementation of any Pyxis 3500 Medstation system andlor any
software associated with any Pyxis 3500 Medstation system.
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 any inspections by the BoP, including the inspection by Stan
Jeppeson on or about July 20,2009.
45 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.
46 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.
47 From July 1, 2010 to August 3,2011, the due diligence or requests for information made
by Linda Barker related to the Transactions, including but not limited to notes, emails,
memos, corespondence, and personal and business files related to any such requests
andlor responses to such requests.
CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENA F'OR DEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS - Page 15
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48 Any quality assessment or continuing quality improvement activities, efforts, or
initiatives related to the pharmacy associated with the Schick Shadel Hospital in Seattle,
Washington.
49 Any meetings, internal or external investigations, evaluation, assessments, or due
diligence perfonned 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 waranties contained in the Asset Purchase Agreement.
50 Any communications related to your retention of any attorney on behalf of Schick Shadel
Hospital in Seattle, Washington regarding the pharmacy or pharmacy licensing matters.
CÄT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S
SUBPOENAFORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM
TO KATHY EVANS - Page 16
DAL 79234883v4
Preview
FILED DALLAS COUNTY 12/20/2013 10:35:35 AM GARY FITZSIMMONS DISTRICT CLERK ISSUED IN THE NAME O F THE STATE OF TEXAS CAUSE NO. DC-12-T2887 MUGDOCK TAVERN s IN THE DISTRICT COURT OF INVESTMENTS $ and DUFFY I, LP, s s Plaintiffs, s $ v $ s CAT SEATTLE, LLC, ASCEND $ HEALTH CORPORATION, and s RICHARD KRESCH, Individually, s DALLAS COUNTY, TEXAS $ Defendants and Counter- s Plaintiffs, s $ v s s DUFFY I, LP and JAMES P. s GRAHAM s s Counter-Defendants. s 134TH JUDICIAL DISTRICT CAT SEATTLE, LLC,ASCEND HEALTH CORPORATION, AND RICHARD KRESCH'S SUBPOENA FOR DEPOSITION ON WRITTEN QUESTIONS DUCES TECUM TO KATHY EVANS ISSUED IN THE NAME OF THE STATE OF TEXAS TO ANY SHERIFF, CONSTABLE, OR OFFICER FOR THE STATE OF TEXAS OR ANY OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN TEXAS RULES OF CIVL PROCEDURE 176.5, YOU ARE HEREBY COMMANDED TO SUBPOENA AND SUMMON THE FOLLOWING WITNESS: CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENAFORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO KA EVANS - Page I DAL 79234883V4 Kathy Evans 20454 Lakeshore Dr. Flint, Texas 75762 to appear and give testimony at a deposition on the written questions listed on Exhibit ß^" attached hereto before a certified court reporter at 10:00 a.m. on January 13,2013 at the offices of Greenberg Traurig, LLP,2200 Ross Avenue, Suite 5200, Dallas, Texas 75201and to produce and permit inspection and copying of documents or tangible things to be used as evidence designated and identified on Exhibit "8" altached hereto. Duties of person served with subpoena. You are advised that under Texas Rule of Civil Procedure 176, a person served with a subpoena has certain rights and obligations. Rule 176.6 provides the following: (a) Comptíance required. Except as provided in this subdivision, a person served with a subpoena must comply with the command stated therein unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of deposition, hearing, or trial from day to day until discharged by the court or by the party summoning the witness. (b) Organizations. If a subpoena commanding testimony is directed to a corporation, partnership, association, goveÍrmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization. (c) Production of documents or tangible things. A person commanded to produce documents or tangible things need not appear in person at the time and place of production unless the person is also commanded to attend and give testimony, either in the same subpoena or a separate one. A person must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand. A person may withhold material or information claimed to be privileged but must comply with Rule 193.3. A nonparty's production of a document authenticates the document for use against the nonparty to the same extent as a party's production of a document is authenticated for use against the party under Rule 193.7. (d) Objections. A person commanded to produce and permit inspection or copying of designated documents and things may serve on the party requesting issuance of the subpoena-before the time specified for compliance-written objections to producing any or all of the designated materials. A person need not comply with the part of the subpoena to which objection is made as provided in this paragraph unless ordered to CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENA F'ORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO EVANS -Page2 DAL 79234883v4 do so by the court. The party requesting the subpoena may move for such an order at any time after an objection is made. (e) Protective orders. A person commanded to appear at a deposition, hearing, or trial, or to produce and permit inspection and copying of designated documents and things, and any other person affected by the subpoena, may move for a protective order under Rule 192.6(b)-before the time specified for compliance-either in the court in which the action is pending or in a district court in the county where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21a. A person need not comply with the part of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court. The party requesting the subpoena may seek such an order at any time after the motion for protection is filed. (f) Triøl subpoenas. A person commanded to attend and give testimony, or to produce documents or things, at a hearing or trial, may object or move for protective order before the court at the time and place specified for compliance, rather than under paragraphs (d) and (e). Contempt. Failure by any person without adequate excuse to obey a subpoena served on that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement or both. Tex. R. Civ. P. 176.8(a). DO NOT FAIL to return this writ to the I34th Judicial District Court of Dallas County, Texas, with either the attached officer's return showing the manner of execution or the witness's signed memorandum showing that the witness accepted the subpoena. This subpoena was issued at the request of Victor D. Vital, Greenberg Traurig, LLP, 2200 Ross Avenue, Suite 5200, Dallas, Texas 75201, the attomey of record for Defendants/Counter- Plaintiffs CAT Seattle LLC, Ascend Health Corporation, and Richard Kresch. Issued on December 20,2013 CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENAFORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO KATHY EVANS - Page 3 DAL 79234883v4 Victor D Texas State Bar No. 00794798 Charles P. Floyd Texas State Bar No. 24055487 Nicholas A. Sarokhanian Texas State Bar No. 24075020 GnnrNnpRG TRAURTG, LLP 2200 Ross Avenue, Suite 5200 Dallas, Texas 75201 214-665-3600 - Telephone 214-665 -3 601 - Facsimile ATTORNEYS FOR ASCEND DEFENDANTS AND COUNTER. PLAINTIFF'S RETURN OF ST]BPOENA Came to hand the _ day of ,2013, at o'clock, and executed by delivering a copy of this notice of deposition on written questions -.m., and subpoena duces tecum to the within-named - in person at 1n County, Texas, on the _ day of 20-, at _o'clock _.m. I further certiflithat all witness fees required by law were tendered at the time ofservice. Or, not executed to the witness for the following reasons Served by: Name Printed Address: CAT SEATTLE. LLC. ASCEND HEALTH . AND RICHARD KRESCH'S SUBPOENA FOR DEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO KATHY EVANS - P age 4 DAL 79234883v4 ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS PER TEXAS RULE OF CIVIL PROCEDURE 176. I, as the person having legal responsibility for certiff that on I was served with the attached subpoena and that I agree to comply with its terms as required. Dated 2013 Received by: CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENA FOR DEPOSITION ON V¡IIITTEN OUESTIONS DUCES TECUM TO KATHY EVANS - Page 5 DAL 79234883v4 EXHIBIT "A'' 1. Please state your full name, occupation, official title, home address, and business address 2 Are you the custodian of records for your documents, communications, files, and other records? a J In your capacity as the custodian of records, are you familiar with whether you maintain records of your business activities? 4. Are the documents that are responsive to the requests in Exhibit "8" kept under your care, supervision, custody, or control? 5 Was it in the regular course of your business activity for you or other persons with personal knowledge of the act, event, condition, opinion, or diagnosis identified in the documents responsive to the requests in Exhibit "B" to make such documents or to transmit such information to be included in the documents? 6 Were the documents responsive to the requests in Exhibit "B" made at or near the time of Ihe act, event, condition, opinion, or diagnosis identified in the records or within a reasonable time thereaft er? CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENA FOR DEPOSITION ON OIIESTIONS DUCES TECUM TO KATHY EVANS- Page 6 DAL 79234883v4 'Were in Exhibit "B" made and kept in your 7 the documents responsive to the requests regular course of daily business activities by you? 8 Were the documents responsive to the requests in Exhibit "8" transmitted to your files, and did you maintain the records as part of your official duties as the custodian of records for you? 9 Please hand the originals or exact duplicates of the documents responsive to the requests in Exhibit "8" to the court reporter taking your deposition for photocopying and attachment to this deposition. Have you now given all of the documents responsive to the requests in Exhibit "B" to the court reporter taking your deposition? If not, identify for the court reporter the documents you did not produce and explain why you did not produce them. 10 In the event you are unable to find any of the documents responsive to the requests in Exhibit "B," how long do you maintain your files,and do you ever destroy your files? 11 Are you aware of any other person that may have possession of documents pertaining to the subject matter of this lawsuit? If so, please state the name and address of such entity or person, if known. CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHAIU) KRESCH'S SUBPOENA FOR DEPOSITION ON \ilRITTEN OUESTIONS DUCES TECUM TO KATHY EVANS -Page 7 DAL 79234883v4 12 Have you been requested or directed by a person to withhold or protect, for any reason, the documents responsive to Exhibit "8"? Has any person suggested that you should withhold or protect the documents responsive to Exhibit "B"? If so, please state the name and address of the person who conveyed this information to you and when such event occurred. 13 Do you know or have reason to believe that the documents responsive to Exhibit "B" have in any manner been edited, purged, culled, or otherwise culled? If so, please identify such documents and explain why and how they were altered or removed. t4. If any of the documents responsive to Exhibit "B" were, but are no longer, in your possession, custody, or control, or no longer exist, state whether (1) they are missing or lost, (2) they were destroyed, (3) they were transferred to others, or (4) they were otherwise disposed of, and explain the circumstances surrounding their disposition, including the date of such disposition. 15. Are the documents you handed to the court reporter true and correct copies of the documents in your possession, custody, or control? CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENA FOR DEPOSITION ON WRITTEN QUESTIONS DUCES TECUM TO KATHY EVANS - Page I DAL 79234883v4 Signed this _ date of 2014. Kathy Evans Sworn to and subscribed before me this day of 2014. - Notary Public for the State of Texas CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND ICHARD KRESCH'S SUBPOENA FOR DEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO KATHY EVANS - Page 9 DAL 79234883v4 EXHIBIT "B'' INSTRUCTIONS AND DEFINITI ONS The following instructions and definitions shall govern: 1. Ifany 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 transfered, 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 identiff its format and/or the appropriate computer software or other ûreans 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; c. The basis for withholding the document; d. A brief description by subject matter of the privileged matter; and e. The request(s) as to which the document is responsive. CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENA FORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO KATHY EVANS - Page 10 DAL 79234883v4 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 rnaterials 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 cornputer-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, coffespondence, 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, analyical records, minutes or records of meetings or conferences, consultants' repofis, 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, routets, 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, goveÍrmental agency, or other organization or association. 7. The terms "reflect," "reflecting," "regard," "regarding," "refer to," "refers tor" "referring to," "relate to," "related to," and "relating to" mean constituting, consisting of, 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," "your," and "yours" refer to Kathy Evans, andlor your present or fonner 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 itsbehalf. 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 SUBPOENA FOR DEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO KATHY EVANS - Page 11 DAL 79234883v4 Agreement), as well as the August 23,2012 Amendment to the Asset Purchase Agteement. DOCUMENTS TO BE PRODUCED AT DEPOSITION For the time period of July 1,2010 to the present, 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 Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 2 Al1 communications with or involving Erick Davis, M.D. regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. -t All communications with or involving Mary Ellen Stewart regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 4 All communications with or involving Kristin Todora regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 5 All communications with or involving Richard St. Peter regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 6 All communications with or involving Kalyan Dandala, M.D. regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 7 All communications with or involving Marvy Schmidt regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 8 All communications with or involving Elaine Oksendahl regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 9 All communications with or involving Debra Kristiansen regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 10. All communications with or involving Doug Beck regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 11. All communications with or involving Jace Graham regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. t2 All communications with or involving any other employee of Palo Petroleum, Inc. regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. CAT SEATTLE, LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENA F'ORDEPOSITION ON WRITTEN QUE,STLW TO KATHY EVANS _ Page 12 DAL 79234883v4 13 All of James Graham's communications with or involving Erick Davis, M.D. regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 14 All of James Graham's communications with or involving Mary Ellen Stewart regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 15 All of James Graham's communications with or involving Kristin Todora regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. t6 All of James Graham's communications with or involving Richard St. Peter regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 17. All of James Graham's communications with or involving Kalyan Dandala, M.D. regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 18. All of James Graham's communications with or involving Marvy Schmidt regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. t9. All of James Graham's communications with or involving Elaine Oksendahl regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 20. All of James Graham's communications with or involving Debra Kristiansen regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 2r. All of James Graham's communications with or involving Doug Beck regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 22 All of James Graham's communications with or involving Jace Graham regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 23 All of James Graham's communications with or involving any other employee of Palo Petroleum, Inc. regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. CAT SEATTLE. LLC. ASCEND HEALTH C ORPORATION. AND RICHARD KRESCH'S SUBPOENAFOR DEPOSITION ON WRITTEN OUE DT]CES TECUM TO KATHY DAL 79234883v4 EVANS - Page 13 24. All of James Graham's communications with or involving any person regarding the Schick Shadel Hospital in Denton, Texas, the Ascend Defendants, the Transactions, and the BoP. 25. The audio recording made during the August 9,2072 meeting between James Graham, Fred Miller, Richard Kresch, and Steve Page, including any and all steps taken in preparation to make the recording. 26. Changes to the Schick Shadel protocols for use in the Denton, Texas Schick Shadel progfam. 27. The necess ary and proper training of Schick Shadel program personnel. 28. Any persons that were improperly or insufficiently trained regarding the Denton, Texas Schick Shadel program. 29. The experience necessary for Schick Shadel program personnel. 30. Any of the Denton, Texas Schick Shadel personnel that allegedly lacked the experience necessary for Schick Shadel program personnel. 31. The allegedly improper termination by the Ascend Defendants of any Schick Shadel personnel, except for Mary Ellen Stewart andlor Dave'Wick. 32. The alleged constructive discharge by the Ascend Defendants of any Shick Shadel personnel, except for Mary Ellen Stewart andlor Dave Wick. JJ. The alleged retaliatory termination by the Ascend Defendants of Schick Shadel personnel, except for Mary Ellen Stewart and/or Dave Wick, that had relationships with Plaintiffs. 34. The alleged termination by the Ascend Defendants of Schick Shadel personnel, except for Mary Ellen Stewart andlor Dave Wick, due to loyal adherence to the Schick Shadel protocols. 35. The alleged threats by the Ascend Defendants to terminate Schick Shadel personnel, except for Mary Ellen Stewart andlor Dave Wick, without cause andlor the alleged reference by the Ascend Defendants to such alleged dismissals as "collateral damage." 36. The alleged failure to adequately staff the Denton, Texas Schick Shadel facility with practitioners experienced with the Schick Shadel protocols. 31. The alleged substantial changes to the Schick Shadel protocols. CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND KRESCH'S SUBPOENA F'ORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO KATHY EVANS -Page 14 DAL 79234883v4 38 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. 39. 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 systern andlor any associated software. 40. Communications between the Schick Shadel Hospital in Seattle, Washington, and the BoP. 41. Communications between you and the BoP related to the Schick Shadel Hospital in Seattle, Washington. 42 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. 43. Any inspections, meetings, discussions, or communications between or by Schick Shadel Hospital in Seattle, Washington and/or the BoP (or any other govemmental or regulatory authority) related to the implementation of any Pyxis 3500 Medstation system andlor any software associated with any Pyxis 3500 Medstation system. 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 any inspections by the BoP, including the inspection by Stan Jeppeson on or about July 20,2009. 45 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. 46 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. 47 From July 1, 2010 to August 3,2011, the due diligence or requests for information made by Linda Barker related to the Transactions, including but not limited to notes, emails, memos, corespondence, and personal and business files related to any such requests andlor responses to such requests. CAT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENA F'OR DEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO KATHY EVANS - Page 15 DAL 79234883v4 48 Any quality assessment or continuing quality improvement activities, efforts, or initiatives related to the pharmacy associated with the Schick Shadel Hospital in Seattle, Washington. 49 Any meetings, internal or external investigations, evaluation, assessments, or due diligence perfonned 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 waranties contained in the Asset Purchase Agreement. 50 Any communications related to your retention of any attorney on behalf of Schick Shadel Hospital in Seattle, Washington regarding the pharmacy or pharmacy licensing matters. CÄT SEATTLE. LLC. ASCEND HEALTH CORPORATION. AND RICHARD KRESCH'S SUBPOENAFORDEPOSITION ON WRITTEN OUESTIONS DUCES TECUM TO KATHY EVANS - Page 16 DAL 79234883v4