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Motion 4-Compel Discovery Request and Release of Medical Records in Car Accident Case

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Motion to Compel

NOW COME the Defendants, DOMINIC J. CATALANO and GERALD CATALANO, by and through their attorneys, O'HAGAN, SMITH & AMUNDSEN, L.L.C., and move this Honorable Court to Compel the Plaintiff, WILLIAM E. JOHNSON, II, to answer all outstanding written discovery and sign an authorization for the release of medical records for the following reasons:

1. That this Complaint was filed on August 6, 1999 as a result of an automobile accident occurring on August 6, 1997.

2. That Interrogatories and a Request to Produce were forwarded to Plaintiff's office on November 16, 1999 and were to be answered within twenty-eight (28) days. A copy of Defendant's Proof of Service is attached hereto and incorporated herein as Exhibit “A”.

3. That on February 16, 2000 a 201(k) request was forwarded to Plaintiff's counsel requesting compliance with outstanding written discovery within fourteen (14) days, on or before March 1, 2000. A copy of said 201(k) request is attached hereto and incorporated herein as Exhibit “B”.

4. That on February 22, 2000, an authorization for the release of medical records from Hines V.A. Hospital was forwarded to the Plaintiff's attorney for his client's signature. An altered copy has since been returned limiting the records from August 6, 1997 to August 5, 1998. Attached is a copy of the authorization from our office and Plaintiff's altered authorization attached hereto and incorporated herein as Group Exhibit “C”.

5. That the Defendants' subpoena requests any and all records not just the limited records from the accident which forms the basis of this lawsuit.

6. That to date, Plaintiff has not complied with Defendants' requests by supplying signed Answers to Interrogatories, responses to the Request to Produce and executing the proper authorization form for any and all medical records.

7. The Defendant has been unable to reach an accord with the Plaintiff's attorney as to compliance with the outstanding written discovery and the duly executed authorization.

WHEREFORE, the Defendants, DOMINIC CATALANO and GERALD CATALANO, pray this Honorable Court enter an Order compelling the Plaintiff, WILLIAM E. JOHNSON, II, to produce answers and responses to the Interrogatories and Request to Produce within fourteen (14) days and to execute the proper authorization form within seven (7) days so that the Defendants may obtain a complete copy of the medical records from Hines V.A. Medical Center. Further, Defendant requests this Court to order that the Plaintiff be barred from presenting any evidence at arbitration and /or trial in the event that Plaintiff does not comply with the discovery requests within the time ordered by this Court.

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