You are hereForums / Residency and beyond / Residency Program Issues / being forced to Sue bad programs-Morehouse
being forced to Sue bad programs-Morehouse
how many residents had to suffer and sue their programs in an effort to reserve their rights??
hows many had to face institutions and their lawyers?
In The UNITED STATES DISTRICT COURT
For the NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION 2211 Richard B. Russell Federal Building
and United States Courthouse
75 Spring Street, S.W.
Atlanta, GA 30303-3309 KHALDOUN KHATTAB, )
)
Plaintiff, ) CIVIL ACTION FILE
V ) NO. 1:07-CV-196-.
)
MOREHOUSE SCHOOL OF )
MEDICINE, )
)
Defendant. ) Honorable Judge Richard W Story
Honorable Judge Linda T Walker RESPONSE in Opposition to the defendant Motion to issue a protective order against Plaintiff Requests for admission(Docket 288). Comes Now the Pro Se Plaintiff and file this his response in Opposition to the defendant Motion to issue a protective order against Plaintiff Requests for admission(Docket 288) ,a and address this court as follows 1 The defendant failed to provide any constitutional reason for refusing to admit or deny any request in the plaintiff's fourth request for admission.
The defendant protective should be considered frivolous and an attempt to avoid admitting facts and lying during discovery , further the court should issue sanctions against the defendant for delaying discovery , increasing discovery cost and refusing to admit facts.
2
The defendant should admit or deny under oath the facts or issues addressed in plaintiffs request(S) for admission number 51,52, 53 ,especially as Mr Vernon Strickland Filed an Motion in opposing to amend this lawsuit to address issues related to workers compensation ,further the defendant claimed that plaintiff did not sue Morehouse for workers compensation issues and should have sued them in Ga workers compensation court within one year of his alleged HIV positive needle stick Incident .
Admitting issues addressed in Plaintiffs RFA 51,52,53,54 ,55 would either clarify issues to this court and the jury (including abusing plaintiff and forcing him to work against his workers compensation orders) or alternatively documenting the defendant lying and submitting false information in case Morehouse Is going to deny plaintiffs allegation in his RFA 51,52,53,54 ,55 3 The defendant failed to provide any constitutional or logic reason to refuse to admit or deny its employee Mr Eric Flenaough MD actions which were addressed in the plaintiff RFA number 1,2,6,7,19,20 ,55,56,57,75,77,78,79,80.
Admitting the previously mentioned actions would help any Judge or jury to address issues related to the defendant and its employees retaliation , abuse and harassment and should never constitute any grounds for harassing the defendant . 4
The defendant legal councilor claimed that plaintiff was dismissed due to issue related to patient care issues and therefore the defendant should admit or deny under oath the content of the Plaintiffs RFA number 65 and 66 .especially as this would clarify to the court and the jury the quality of the defendant Patient care quality. 5 The Defendant provided no logic or constitutional reasons for refusing to admit or deny the action or its former employee Theresa Rohr Kirchgraber MD which were addressed in the Plaintiff RFA number 4,27,28,29,30,31 .
This court should note that based on James W Reed MD deposition the defendant former employee Theresa Rohr Kirchgraber MD informed the plaintiff that he is a Niger ,further this court should also note that after deposing Dr James W Reed the defendant refused to change its opinion and to release the last known address of Dr Rohr or to DEPOSE her . 6
The Defendant which accepted informing the plaintiff wards like Niger, negro , I will kill you ,should not be allowed to play the rule of a victim and claim that the plaintiff 4th request for admission is a harassment action. 7
Based on James W Reed MD deposition the plaintiff was informed by a Morehouse faculty member that he is a Niger ,The defendant and its insurance company who are protecting that individual should admit or deny issues related to their retaliation, contacting immigration to deport the plaintiff and their refusal to either cooperate in discovery or admit facts . 8 The defendant must admit or deny the ACGME (Accreditation Council for Graduate Medical Education) rules which were active in 2004-2005, especially as plaintiff claimed that the defendant refused to apply the rules in his case ( individual case ) while the rules were supposed to be applied to all US resident physicians including the plaintiff peers who have different color ,race ,religion and national origin
.
The Defendant should admit or deny its employee(S) awareness about the rules for resident transfer requirements and their intentional refusal to give the plaintiff the appropriate transfer documents unless he sign a legal release for the defendant ,its employees and legal councilor. The Defendant refusal to ensure compliance with the rules in the plaintiff case and claim that its has powerful connection inside the ACGME is an evidence that Morehouse School of Medicine refused to treat the plaintiff like his peers and all United States resident physicians who may have different color ,race, religion and origin. For the previously mentioned reason the defendant must admit or deny plaintiffs request for admission number 10,1182,,85,90,91,94,95. 9 Holland and knight law firm did not provide any constitutional reason for
Issuing a protective order against Plaintiffs requests for admitting or denying Holland and knight lawyers attendance of the plaintiff Immigration bond hearing and contacting people to attend it and further testify against the Plaintiff in his absence in an effort to deport him or let him suffer at custody and prevent him from continuing this lawsuit.
(Holland and knight law firm knows that it violated the Bar rules and maybe they are falsely believing or hoping that Honorable judge Linda T Walker would not address their horrible actions including interrupting justice). 10 The defendant legal councilor provided no constitutional or logic reason for refusing to answer Plaintiffs RFAs number 68,69 ,70,71,7273. The Defendant must admit or deny that plaintiff did not meet or discuss his issues during his employment with a few specific Morehouse School of Medicine employee(S) whom according to Holland an knight law firm plaintiff they meet with plaintiff to discuss his issues. The defendant claimed that plaintiff meet with its medicine department residency advisory committee members in March 2005, unfortunately it could not either identify the individuals who met with plaintiff or release the names of its faculty member who are ready to testify under oath and claim that they meet the plaintiff ,further its amazing that Myra E Rose MD who signed the defendant meeting documents claimed that she might have not attended the meeting? 11 The defendant should admit or deny issue related to the following actions :
A- interrupting justice
B- Efforts to deport the plaintiff and arrest him during depositions
C- refusing to cooperate in discovery
D- contacting Morehouse employee(S) to attend the plaintiff immigration bond hearing to testify against him ((The defendant employee Bill booth claimed under oath that Holland and knight law firm contacted him to attend the plaintiff immigration court hearing )). 12
Request 105
The defendant refused to release documents related to the plaintiff peers or even to compare his employment issues with his peers , however the EEOC gave the plaintiff a few documents which support his discrimination claim .
The defendant should admit the facts included in those documents or alternatively deny them and be sanctioned for refusing to admit facts like those in the plaintiff request for admission 105. 13 The defendant should be compelled to admit or deny submitting false information to the plaintiff and this court , for example admitting what is included in plaintiffs requests for admission #5.104, 14
The defendant legal councilor provided no constitutional reason for refusing to admit or deny plaintiff request for admission(S) number 98, 99,100 ,101,102
The defendant should be compelled to admit that plaintiff former attorney contacted the School and in response to the attorney contact the School terminated the plaintiff employment instead of ensuring compliance with the Federal and State law . 15. The Defendant should be compelled to answer Plaintiffs Requests # 65,66,95.96,97.. The defendant falsely claimed that the plaintiff Patient care and communication used to be far below average and bad , further his relationships with his peers used to be inappropriate and that individuals complained against the plaintiff or supported the defendant claim .
For example admitting RFD #95 may clarify or document forever or indicate the fact that no Georgia patient complained against the plaintiff and that further the defendant false claims were raised and created to cover a clear Discrimination action and other employee(S) malpractice.
For the records RFD 95,96,97 are: Request 95//Admit that you DID NOT and can NOT provide any complaint against the Plaintiff signed by any of his former patients during his employment at Morehouse School of Medicine.
Request 97//Admit that you failed to provide any unsatisfactory evaluation for the plaintiff performance, professionalism or manners s signed by any of his former peers or nurses 16
The defendant provided no constitutional reason to prevent answering plaintiffs request for admission number 92-93
Admitting the content of the previously requested issues would help the plaintiff to convince any respectable jury that Morehouse School of Medicine is refused to investigate Discrimination issues or acted to hide Plaintiffs complaints
Request 92 //Admit that you did not produce the plaintiff Discrimination complaints 0507 MMA1005 ,0507MMA1006 and 0507 MMA1007 reported via the defendant(Morehouse School of Medicine ) compliance-Discrimination hot –line.
Request 93/Admit that Morehouse School of Medicine never answered in writing Plaintiff complaints 0507 MMA1005 ,0507MMA1006 and 0507 MMA1007 reported via the defendant compliance hotline. 17 This court should never consider the plaintiff harassing the defendant by requesting to admit that
1- Morehouse School of Medicine employed an African Person instead of the plaintiff who is not African .
2-Request 86 (admit that in 2005 you employed a new resident physician at Morehouse School of Medicine Internal Medicine residency program ,Further that resident is considered Black African and has never been employed as a PGY-1 at Morehouse School of Medicine .). 18 This court should note that admitting Plaintiff RFA number 1,2,3,4,6,7,8 may help clarify or support the following 1-Interupting justice
2-That instead of depositing current or former defendant employee(S) on May 29,30,and 31/2007 ,the defendant worked aggressively and effectively to avoid deposition and to arrest and deport plaintiff.
3-the defendant refusal to produce the discovery mentioned in RFA 8,and that the defendant legal councilor violated the Bar rules in there actions against the Pro Se Plaintiff . 19 The court should compel the defendant to answer RFDs 5,89and should note and consider the credibility and accuracy of the defendant information including producing false information and later lying to this court by claiming that US Homeland Security and the Immigration court deported the Plaintiff. Plaintiff RFA5 // Admit that Dr Rao Mikkilinnin ( a current or former Morehouse school of medicine employee )is NOT African and further Not originally Nigerian .
(you have to note that during this case discovery you claimed under oath that the previously mentioned physician is African and Nigerian) . Request 89
Admit that you claimed in your Attachment {A}to your Initial disclosure to this court signed by Mr Vernon Strickland and submitted on the 23rd day of April 2007 ,that Theresa Rohr-Kirchgraber MD and Bousader Armstrong MD address is
Morehouse School of Medicine
720 Westview Drive, S.W.
Atlanta, Georgia 30314
404-752-1500 ,Further admit that when plaintiff requested to depose those individuals you denied that they are available at the above mentioned address . 20 The defendant provided no constitutional reason for refusing to admit or deny plaintiff RFAs number 9,10, 11,48,49,50,62,63,91,94.
The defendant claimed that plaintiff discussed his patient care, communication, thought process , probation and non renewal issues with specific individuals.
As plaintiff declared that the previous matter was false then the Defendant must admit or deny under oath the plaintiff RFA 68,69,70,71,72,73,74
Protecting the defendant from admitting the facts in the plaintiff RFAs would give Morehouse School of Medicine and it legal councilor a chance to keep lying and should be addressed in the 11 circuit court of appeal if this court is going to issue a Frivolous protective order which is indirectly protecting Morehouse from admitting lying during discovery. 21 The Defendant provided no logic or constitutional reasons for refusing to admit or deny the actions of its former employee Theresa Rohr Kirchgraber MD, the actions which were addressed in the Plaintiff RFD 4,27,28,29,30,31 .
, 21
The Defendant provided no logic or constitutional reasons for refusing to admit or deny the actions of its employee Martha Elks MD ,the actions which were addressed in the Plaintiff RFDs number 22 ,21,62 , 22
Admitting or denying the issues which plaintiff addressed in his 4th request for admission would make this case very simple and easy to any judge or jury to make a final decision about it, further issuing a protective order per the defendant request might be considered as a chance to avoid admitting lying and accepting facts . CONCULUSION As a result of the previously discussed issues ,this court should issue an order denying the defendant Frivolous Motion to issue a protective order against the plaintiff request for admission . Respectfully submitted this 23rd day of April 2008. Plaintiff Khaldoun Khattab (Pro SE)
hows many had to face institutions and their lawyers?
In The UNITED STATES DISTRICT COURT
For the NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION 2211 Richard B. Russell Federal Building
and United States Courthouse
75 Spring Street, S.W.
Atlanta, GA 30303-3309 KHALDOUN KHATTAB, )
)
Plaintiff, ) CIVIL ACTION FILE
V ) NO. 1:07-CV-196-.
)
MOREHOUSE SCHOOL OF )
MEDICINE, )
)
Defendant. ) Honorable Judge Richard W Story
Honorable Judge Linda T Walker RESPONSE in Opposition to the defendant Motion to issue a protective order against Plaintiff Requests for admission(Docket 288). Comes Now the Pro Se Plaintiff and file this his response in Opposition to the defendant Motion to issue a protective order against Plaintiff Requests for admission(Docket 288) ,a and address this court as follows 1 The defendant failed to provide any constitutional reason for refusing to admit or deny any request in the plaintiff's fourth request for admission.
The defendant protective should be considered frivolous and an attempt to avoid admitting facts and lying during discovery , further the court should issue sanctions against the defendant for delaying discovery , increasing discovery cost and refusing to admit facts.
2
The defendant should admit or deny under oath the facts or issues addressed in plaintiffs request(S) for admission number 51,52, 53 ,especially as Mr Vernon Strickland Filed an Motion in opposing to amend this lawsuit to address issues related to workers compensation ,further the defendant claimed that plaintiff did not sue Morehouse for workers compensation issues and should have sued them in Ga workers compensation court within one year of his alleged HIV positive needle stick Incident .
Admitting issues addressed in Plaintiffs RFA 51,52,53,54 ,55 would either clarify issues to this court and the jury (including abusing plaintiff and forcing him to work against his workers compensation orders) or alternatively documenting the defendant lying and submitting false information in case Morehouse Is going to deny plaintiffs allegation in his RFA 51,52,53,54 ,55 3 The defendant failed to provide any constitutional or logic reason to refuse to admit or deny its employee Mr Eric Flenaough MD actions which were addressed in the plaintiff RFA number 1,2,6,7,19,20 ,55,56,57,75,77,78,79,80.
Admitting the previously mentioned actions would help any Judge or jury to address issues related to the defendant and its employees retaliation , abuse and harassment and should never constitute any grounds for harassing the defendant . 4
The defendant legal councilor claimed that plaintiff was dismissed due to issue related to patient care issues and therefore the defendant should admit or deny under oath the content of the Plaintiffs RFA number 65 and 66 .especially as this would clarify to the court and the jury the quality of the defendant Patient care quality. 5 The Defendant provided no logic or constitutional reasons for refusing to admit or deny the action or its former employee Theresa Rohr Kirchgraber MD which were addressed in the Plaintiff RFA number 4,27,28,29,30,31 .
This court should note that based on James W Reed MD deposition the defendant former employee Theresa Rohr Kirchgraber MD informed the plaintiff that he is a Niger ,further this court should also note that after deposing Dr James W Reed the defendant refused to change its opinion and to release the last known address of Dr Rohr or to DEPOSE her . 6
The Defendant which accepted informing the plaintiff wards like Niger, negro , I will kill you ,should not be allowed to play the rule of a victim and claim that the plaintiff 4th request for admission is a harassment action. 7
Based on James W Reed MD deposition the plaintiff was informed by a Morehouse faculty member that he is a Niger ,The defendant and its insurance company who are protecting that individual should admit or deny issues related to their retaliation, contacting immigration to deport the plaintiff and their refusal to either cooperate in discovery or admit facts . 8 The defendant must admit or deny the ACGME (Accreditation Council for Graduate Medical Education) rules which were active in 2004-2005, especially as plaintiff claimed that the defendant refused to apply the rules in his case ( individual case ) while the rules were supposed to be applied to all US resident physicians including the plaintiff peers who have different color ,race ,religion and national origin
.
The Defendant should admit or deny its employee(S) awareness about the rules for resident transfer requirements and their intentional refusal to give the plaintiff the appropriate transfer documents unless he sign a legal release for the defendant ,its employees and legal councilor. The Defendant refusal to ensure compliance with the rules in the plaintiff case and claim that its has powerful connection inside the ACGME is an evidence that Morehouse School of Medicine refused to treat the plaintiff like his peers and all United States resident physicians who may have different color ,race, religion and origin. For the previously mentioned reason the defendant must admit or deny plaintiffs request for admission number 10,1182,,85,90,91,94,95. 9 Holland and knight law firm did not provide any constitutional reason for
Issuing a protective order against Plaintiffs requests for admitting or denying Holland and knight lawyers attendance of the plaintiff Immigration bond hearing and contacting people to attend it and further testify against the Plaintiff in his absence in an effort to deport him or let him suffer at custody and prevent him from continuing this lawsuit.
(Holland and knight law firm knows that it violated the Bar rules and maybe they are falsely believing or hoping that Honorable judge Linda T Walker would not address their horrible actions including interrupting justice). 10 The defendant legal councilor provided no constitutional or logic reason for refusing to answer Plaintiffs RFAs number 68,69 ,70,71,7273. The Defendant must admit or deny that plaintiff did not meet or discuss his issues during his employment with a few specific Morehouse School of Medicine employee(S) whom according to Holland an knight law firm plaintiff they meet with plaintiff to discuss his issues. The defendant claimed that plaintiff meet with its medicine department residency advisory committee members in March 2005, unfortunately it could not either identify the individuals who met with plaintiff or release the names of its faculty member who are ready to testify under oath and claim that they meet the plaintiff ,further its amazing that Myra E Rose MD who signed the defendant meeting documents claimed that she might have not attended the meeting? 11 The defendant should admit or deny issue related to the following actions :
A- interrupting justice
B- Efforts to deport the plaintiff and arrest him during depositions
C- refusing to cooperate in discovery
D- contacting Morehouse employee(S) to attend the plaintiff immigration bond hearing to testify against him ((The defendant employee Bill booth claimed under oath that Holland and knight law firm contacted him to attend the plaintiff immigration court hearing )). 12
Request 105
The defendant refused to release documents related to the plaintiff peers or even to compare his employment issues with his peers , however the EEOC gave the plaintiff a few documents which support his discrimination claim .
The defendant should admit the facts included in those documents or alternatively deny them and be sanctioned for refusing to admit facts like those in the plaintiff request for admission 105. 13 The defendant should be compelled to admit or deny submitting false information to the plaintiff and this court , for example admitting what is included in plaintiffs requests for admission #5.104, 14
The defendant legal councilor provided no constitutional reason for refusing to admit or deny plaintiff request for admission(S) number 98, 99,100 ,101,102
The defendant should be compelled to admit that plaintiff former attorney contacted the School and in response to the attorney contact the School terminated the plaintiff employment instead of ensuring compliance with the Federal and State law . 15. The Defendant should be compelled to answer Plaintiffs Requests # 65,66,95.96,97.. The defendant falsely claimed that the plaintiff Patient care and communication used to be far below average and bad , further his relationships with his peers used to be inappropriate and that individuals complained against the plaintiff or supported the defendant claim .
For example admitting RFD #95 may clarify or document forever or indicate the fact that no Georgia patient complained against the plaintiff and that further the defendant false claims were raised and created to cover a clear Discrimination action and other employee(S) malpractice.
For the records RFD 95,96,97 are: Request 95//Admit that you DID NOT and can NOT provide any complaint against the Plaintiff signed by any of his former patients during his employment at Morehouse School of Medicine.
Request 97//Admit that you failed to provide any unsatisfactory evaluation for the plaintiff performance, professionalism or manners s signed by any of his former peers or nurses 16
The defendant provided no constitutional reason to prevent answering plaintiffs request for admission number 92-93
Admitting the content of the previously requested issues would help the plaintiff to convince any respectable jury that Morehouse School of Medicine is refused to investigate Discrimination issues or acted to hide Plaintiffs complaints
Request 92 //Admit that you did not produce the plaintiff Discrimination complaints 0507 MMA1005 ,0507MMA1006 and 0507 MMA1007 reported via the defendant(Morehouse School of Medicine ) compliance-Discrimination hot –line.
Request 93/Admit that Morehouse School of Medicine never answered in writing Plaintiff complaints 0507 MMA1005 ,0507MMA1006 and 0507 MMA1007 reported via the defendant compliance hotline. 17 This court should never consider the plaintiff harassing the defendant by requesting to admit that
1- Morehouse School of Medicine employed an African Person instead of the plaintiff who is not African .
2-Request 86 (admit that in 2005 you employed a new resident physician at Morehouse School of Medicine Internal Medicine residency program ,Further that resident is considered Black African and has never been employed as a PGY-1 at Morehouse School of Medicine .). 18 This court should note that admitting Plaintiff RFA number 1,2,3,4,6,7,8 may help clarify or support the following 1-Interupting justice
2-That instead of depositing current or former defendant employee(S) on May 29,30,and 31/2007 ,the defendant worked aggressively and effectively to avoid deposition and to arrest and deport plaintiff.
3-the defendant refusal to produce the discovery mentioned in RFA 8,and that the defendant legal councilor violated the Bar rules in there actions against the Pro Se Plaintiff . 19 The court should compel the defendant to answer RFDs 5,89and should note and consider the credibility and accuracy of the defendant information including producing false information and later lying to this court by claiming that US Homeland Security and the Immigration court deported the Plaintiff. Plaintiff RFA5 // Admit that Dr Rao Mikkilinnin ( a current or former Morehouse school of medicine employee )is NOT African and further Not originally Nigerian .
(you have to note that during this case discovery you claimed under oath that the previously mentioned physician is African and Nigerian) . Request 89
Admit that you claimed in your Attachment {A}to your Initial disclosure to this court signed by Mr Vernon Strickland and submitted on the 23rd day of April 2007 ,that Theresa Rohr-Kirchgraber MD and Bousader Armstrong MD address is
Morehouse School of Medicine
720 Westview Drive, S.W.
Atlanta, Georgia 30314
404-752-1500 ,Further admit that when plaintiff requested to depose those individuals you denied that they are available at the above mentioned address . 20 The defendant provided no constitutional reason for refusing to admit or deny plaintiff RFAs number 9,10, 11,48,49,50,62,63,91,94.
The defendant claimed that plaintiff discussed his patient care, communication, thought process , probation and non renewal issues with specific individuals.
As plaintiff declared that the previous matter was false then the Defendant must admit or deny under oath the plaintiff RFA 68,69,70,71,72,73,74
Protecting the defendant from admitting the facts in the plaintiff RFAs would give Morehouse School of Medicine and it legal councilor a chance to keep lying and should be addressed in the 11 circuit court of appeal if this court is going to issue a Frivolous protective order which is indirectly protecting Morehouse from admitting lying during discovery. 21 The Defendant provided no logic or constitutional reasons for refusing to admit or deny the actions of its former employee Theresa Rohr Kirchgraber MD, the actions which were addressed in the Plaintiff RFD 4,27,28,29,30,31 .
, 21
The Defendant provided no logic or constitutional reasons for refusing to admit or deny the actions of its employee Martha Elks MD ,the actions which were addressed in the Plaintiff RFDs number 22 ,21,62 , 22
Admitting or denying the issues which plaintiff addressed in his 4th request for admission would make this case very simple and easy to any judge or jury to make a final decision about it, further issuing a protective order per the defendant request might be considered as a chance to avoid admitting lying and accepting facts . CONCULUSION As a result of the previously discussed issues ,this court should issue an order denying the defendant Frivolous Motion to issue a protective order against the plaintiff request for admission . Respectfully submitted this 23rd day of April 2008. Plaintiff Khaldoun Khattab (Pro SE)
I just want to tell you that www.MatchAResident.com is a big SCAM
doesn’t waist your money they in fact will harm you.
Thanks
For the NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION 2211 Richard B. Russell Federal Building
and United States Courthouse
75 Spring Street, S.W.
Atlanta, GA 30303-3309 KHALDOUN KHATTAB, )
)
Plaintiff, ) CIVIL ACTION FILE
Vs ) NO. 1:07-CV-196-RWS-LTW.
)
MOREHOUSE SCHOOL OF )
MEDICINE, )
)
Defendant. ) Honorable Judge Richard W Story
Honorable Judge Linda T Walker PLAINTIFF'S Fourth (4th) ) SET OF REQUESTS FOR ADMISSIONS . IF Morehouse School Of Medicine fails to respond to any request within 30 days of the service of the requests ,The matter shall be deemed admitted under rule 36 . As is more fully set in rule 36(a) The defendant must admit or deny each request , and where necessary, specify the parts of each request which you object or can not in good faith admit or deny.
If the defendant objects to a part of a request , it must deny or admit the reminder of the request In the event that the defendant objects or denies any request or portion of a request ,The defendant must state the reasons for its objection or denial . Each request solicits all information obtainable by the defendant Morehouse School Of Medicine from the defendants attorneys ,investigators , agents ,representatives , and employees .. If you answer a request on the basis that you luck sufficient information to respond ,describe any and all effort you made to inform yourself of the facts and circumstances necessary to answer or respond Note A The Defendant shall furnish such information as it is available to the parties and in accordance to the United states Federal rules (including rule 36&26) Note B If objection is made, please state the reason for the objection. Please specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter DEFINITIONS 1. The word "or" is used herein in its inclusive sense unless the context clearly requires otherwise. 2. The term "document" means and includes without limitation all correspondence,memoranda, certificates, notes, books, manuals, pamphlets, brochures, advertisements, books of account, balance sheets, financial statements, profit and loss statements, working papers, schedules, diaries, calendars, logs, time records, equipment records, microfilms, transcripts, recordings, tapes, telexes, telegrams, files, proposals, bids, offers, contracts, agreements, change orders, worksheets,
drawings, blue prints, designs, specifications, time cards, compilations, graphs, charts, bills, statements, invoices, receipts, bills of lading, shipping records, confirmations, applications, purchase orders, checks, checkbooks and other checking records, photographs, formulae, prescriptions, studies, projections, reports, computer programs, information contained in computer banks, tapes, cards, printouts and drafts to the extent they differ from the originals, and all other records and papers of any nature whatsoever. 3. Any reference to a specifically named person, corporation or other entity and any reference generally to "person" shall include the employees, agents, representatives and other persons acting on behalf thereof or through whom the referenced person acts. The term "person" means and includes natural persons, corporations, partnerships, joint ventures, sole proprietorships, associations, trusts, estates, firms and any other entity. 4. As used herein, "Plaintiff" means, unless otherwise indicated, is Khaldoun Khattab MD
.
5. As used herein, "Defendant", shall be deemed to include Morehouse School of Medicine , as well as their agents, attorneys, insurance company representatives or any other person acting on their behalf or on behalf of any one of them.. 6- The ACGME is the Accreditation Council for Graduate Medical Education (ACGME 7-Note D The ABIM is the American Board of Internal medicine. PLAINTIFF'S Fourth (4th) ) SET OF REQUESTS FOR ADMISSIONS . Request No 1
Admit that Morehouse school of medicine employee Eric Flenough MD attended the plaintiff Immigration bond hearing .(The Bond hearing which the plaintiff ddi not attended) . Request No 2
Admit that Morehouse school of medicine employee Eric Flenough MD attended the plaintiff Immigration bond hearing in an effort to deport the plaintiff . Request No3
Admit that Attorneys from Holland and knight law firm (which represent MSM and United insurance) attended the plaintiff Bond hearing . Request No 4
Admit that Theresa Rohr kirchgraber MD a Former Morehouse school of medicine employee attended the plaintiff Immigration bond hearing . Request No 5
Admit that Dr Rao Mikkilinnin ( a current or former Morehouse school of medicine employee )is NOT African and further Not originally Nigerian .
(you have to note that during this case discovery you claimed under oath that the previously mentioned physician is African and Nigerian) . Request No 6
Admit that Eric Flenough MD testified under oath in the Immigration court and or was also deposed .during the plaintiff Immigration bond hearing in the absence of the plantiff. Request No 7
Admit that Eric Flenough MD claimed that Plaintiff was contacting him (as he –plaintiff khattab )- wrongfully believe that Dr Eric Felenough is responsible for his termination) Request No 8
Admit that Holland and knight and Morehouse School of Medicine provided an audio CD to the Immigration court which includes alleged verbal plaintiff voice mail ,Further up-to-date you are refusing to produce to the plaintiff a copy of the mentioned CD. Request No 9
Admit that according to the ACGME public rules that were available at the ACGME website in 2004and 2005 ,The plaintiff has the right to evaluate his supervisors and peers.
( a copy of the published records was produced previously for Morehouse School of Medicine general reviews and the chairman and director of Graduate medical education has a copy of said public published ACGME rules) Request No 10
Admit under oath that the plaintiff File should contain evaluation /feedback by his peers ,the nurses who worked with him and Para-medical individuals.
(Notice A-a copy of the published records was produced previously for Morehouse School of Medicine general reviews and the chairman and director of Graduate medical education has a copy of said public published ACGME rules)
(Notice B a copy of the ACGME rules will be provided to Holland and knight ;law firm for their review) Request No 11
Admit under oath that your employee(S) Martha Elks MD and Myra E Rose MD used to be aware about the ACGME requirements for resident transfer and specifically this ACGME rule C. Resident Transfers 1.
Before accepting a resident who is transferring from another program, the program director must obtain written or electronic verification of previous educational experiences and a summative competency-based performance evaluation of the transferring resident. 2.
A program director must provide timely verification of residency education and summative performance evaluations for residents who leave the program prior to completion. (Notice , copy of the rules were produced before and will be re-submitted via e-mail to Holland and knight law firm review.) Request 12
Admit that you received Federal founding based on employing the plaintiff as a resident physician ,further you received also payments from Grady memorial Hopaital and South Fulton medical center . Request 13
Admit that you (the defendant ) make income based on running an Internal Medicine residency program and the source of income includes but is not limited to
1-Federal US Founding .
2-financial income from Grady Health medical system
3- South Fulton medical center.
4-The VA Health system . Request 14
Admit that you did not release the 2004 resident physician scores ,and that further the plaintiff percentile was 71%(71% percentile among all USA resident physicians in 2004 including those who have more advanced training and experience than him)
{ plaintiff requested 2004 MSM-Internal medicine department In-training scores – every resident sores and percentile in the USA in that specific year} . Request 15
Admit that in 2004 ABIM In-training exam ,Plaintiff scored more than at least 3 of his supervisors PGY-2 residents physicians Adebayo Constance MD ,Clayton Mitzi MD ,Matos Manuel MD . Request 16
Admit that in July 2004 Nathalie Armstroung (Bousader ) MD used to be one of the plaintiff supervisors, and the previously mentioned physician was not holding any limited ,temporary or residency permit in the state of Georgia . Request 17
Admit that Nathalie Armstroung (Bousader ) was issued a limited license or a residency permit in September 2004 according to the CSBME public records .(Georgia medical board) . Request 18
Admit that Myra E Rose MD communicated adequately verbally with the plaintiff during her May 29 ,2007 Audi /video recoded deposition Admit that MSM allowed M Clayton to be promoted to PGY-2 although her PGY-1 credit according to your documents was Marginal . Request 19
Admit that Eric Flenough MD informed your Internal medicine residency program manager Mrs. Yolanda Christie that his SELECTIVE emailing is an effort to deceive the plaintiff .
(you have review your EEOC File ,and Further ask your employee Mrs Yolanda Christie to testify the truth)
Request 20
Admit that Eric Flenough e-mail the plaintiff and informed him that he did not receive any work related release or statement from Dr Stringer ( A copy of Dr H Stringer letter was released to Morehouse , the defendant have to reviews its employee Eric Flenough communications with the plaintiff and further request that her employee testify under oath) Request 21
Admit that Martha Elks MD accused the plaintiff that he has Psychiatric diseases and refused to respond in writing to his various complaint in 2005 summer ( Please review your EEOC File Document 042) Request 22 Admit that Martha Elks MD accused the plaintiff Khattab that he has a delusion disorder and paranoia issues. Request 23
Admit that Morehouse School of medicine refused to give the plaintiff a copy of its 2005 ERISA insurance documents(including ERISA policy –agreement ). Request 24
Admit that plaintiff requested a copy of Morehouse ERISA medical insurance agreement and financial status before transferring this case from Michigan to the Northern district of Georgia. Request 25
Admit that Morehouse School of Medicine used to be represented in a workers compensation lawsuit filed by the plaintiff. Request 26
Admit that plaintiff filed a workers compensating lawsuit against Morehouse school of Medicine. Request 27
Admit that Theresa Rohr –Kirchgraber MD evaluated the plaintiff 2004 medical clinic performance in Jun /20/2005 according to your EEOC File document (Khattab File 0279) Request 28
Admit that Theresa Rohr –Kirchgraber MD should have evaluate the plaintiff 2004 Medical clinic performance earlier than Jun /20-2005. Request 29
Admit that Theresa Rohr –Kirchgraber MD did not review or discuss the content of her 2004 mid clinic evaluation with the plaintiff(Morehouse EEOC File Document Khattab 0279) . Request 30
Admit that Theresa Rohr –Kirchgraber MD wrote her evaluation For the plaintiff(EEOC Document 0279) and signed it after the termination of the plaintiff employment by the Morehouse School of Medicine Residency advisory committee on Jun 7 2005. Request 31 Admit that Theresa Rohr –Kirchgraber MD never discussed with the plaintiff his status ,patient care or medical knowledge in front of any member of Morehouse residency advisory committee Request 32
Admit that you can NOT identify any member of Morehouse School of Medicine –Internal Medicine residency advisory committee who will be read y to testify under oath that ::either Theresa Rohr –Kirchgraber MD discussed in his /or her present as a witness any mater you (the defendant) addressed in your EEOC File . Request 33
Admit that you can NOT identify any member of Morehouse School of Medicine –Internal Medicine residency advisory committee member who is ready to testify under oath that Michael Bernard Heisler MD discussed with the plaintiff his final ICU evaluation Request 34
Admit under Oath that Morehouse School of Medicine can NOT provide any hard copy signature of Michael Bernard Heisler MD admitting that he signed a final discussed evaluation for Plaintiff May 2005 Intensive Care Unite(ICU) work performance. Request 35
Admit that Morehouse School of Medicine could not and will never provide any witness who will testify under oath that Michael Bernard Heisler MD discussed in his present as a witness the final Plaintiff MAY ICU evaluation which is supposed to be written and signed. Request 36 Admit that the defendant can NOT and will never provide any Witness who will testify under oath that either Michael Bernard Heisler MD or Theresa Rohr –Kirchgraber MD discussed with the plaintiff ,discussed in the present of that witness the plaintiff 2005 work performance. Request 37
Admit that failed to provide a hard copy evaluation signed by Michel Bernard Heisler MD for the plaintiff 2005 medical clinic performance ,and that you provided an evaluation with allegation that it is signed by the previously mentioned physician for 2004 medical clinic performance. Request 38
Admit that plaintiff communicated verbally (in spoken English) with the court during this pending lawsuit hearings Request 39
Admit that Plaintiff communicated adequately verbally ((in spoken English0) with the court during this pending lawsuit hearings Request 40
Admit that Plaintiff is communicating verbally in English with the defendant legal representative and further that you can understand the Plaintiff spoken English . Request 41 Admit that Myra E Rose MD testified under oath on May /22./2007 and communicated verbally with the plaintiff during the mentioned deposition and could understand very well the plaintiff spoken English Request 42
Admit that Honorable Judge Lind T Walker communicated verbally with the plaintiff ,and that Honorable Judge walker claimed that there is no problem with the plaintiff spoken English ( the defendant may listen to the Honorable Judge statement during this lawsuit conference held on 2/13/2007.-Tape No. LTW 07-02 @ 5829). Request 43
Admit that according to the Georgia medical Board- CSBME(Composite State Board of Medical examiner) BOUSADER-ARMSTRONG, NATHALIE MD was issued a resident physician license No( oo1014 ) on September 3rd 2004.
BOUSADER-ARMSTRONG, NATHALIE N
720 WESTVIEW DRIVE, SW | GME
ATLANTA, GA 30310
License Status Issue Date Expiration Date Specialty Public Board Orders
001014 Lapsed 09/03/2004 06/30/2005 Resident Physician NONE Request 44
Admit that BOUSADER-ARMSTRONG, NATHALIE N MD worked (as a resident physician For Morehouse school of Medicine Internal medicine department)for at least t at least 2 weeks after Jun 30,2005. Request 45
Admit that BOUSADER-ARMSTRONG, NATHALIE N MD was required to extend her medical residency after Jun 2005 (as a result of her previous vacation’s
including but not limited to 2 pregnancy vacations) Request 46
Admit that BOUSADER-ARMSTRONG, NATHALIE N MD has never been employed as a First year Internal Medicine resident physician at Morehouse School of Medicine Request 47
Admit . that BOUSADER-ARMSTRONG, NATHALIE N MD was transferred or accepted as a PGY-2 second year Internal medicine resident at Morehouse School of Medicine . Request 48
Admit that at the 2004-2005 you ( the defendant) used to have {18}PGY-1 –First year post graduate resident physicians in the Internal medicine department . Request 49
Admit that according to the Accreditation Council for Graduate Medical Education (ACGME )public records in December 2004 ,Morehouse School of Medicine -Internal medicine department was accredited for only 17 first year residents Request 50 Admit that in 2004-2005 academic year the ACGME (Accreditation Council for Graduate Medical Education) your Internal Medicine department accredit was as following PGY-1 categorical {15}
PGY-2 Pre-lem {2 } Request 51
Admit that the plaintiff (Khattab ) Filed a lawsuit against the defendant (Morehouse School of Medicine) was in Georgia State Board of workers compensation . Request 52
Admit that Morehouse was represented by an attorney in the workers compensation case SBWC No:2006-013879. Request 53
Admit that Morehouse School of Medicine was supposed to be insured by American Home Assurance {P.O.Box 2125,Alpharetta,Ga 30023} during the plaintiff workers compensation lawsuit. Request 54
Admit that you (the defendant) used to be aware that Plaintiff started taking {HIV/AIDS} medication in the last week of May 2005. Request 55
Admit under oath that Eric Flenough MD asked the plaintiff to come to work at Grady Memorial Hospital in the last week of May 2005 ,although he was aware the plaintiff was receiving{ HIV/AIDS} medication Request 56
Admit under oath that your employee that Eric Flenough MD informed the plaintiff that he did not receive a medical excuse (A Medical excuse for the plaintiff) signed by Harold .G. Stringer MD. Request 57
Admit under oath that your employee Eric Flenough MD informed Myra E Rose MD and Kenney Frontin MD that his {selective emailing is an EFFORT TO DECIVE and/or take paths of less resistant.( you have to reviews your EEOC File Document khattab 0592). .(you have to review carefully what you have produce in your EEOC File ,and contact the appropriate individuals before simply issue a denial under oath to this request) Request 58
Admit that Michael Bernard Heisler MD asked the plaintiff to go to work inside Grady memorial Intensive care Unite (ICU) in the last week of May 2005.( .(you have to review carefully what you have produce in your EEOC File ,and contact the appropriate individuals before simply issue a denial under oath to this request) Request 59
Admit that Michael Bernard Heisler MD asked the plaintiff o go to work inside the ICU and to take care of critically ill patients, after receiving a copy of Harold Stringer MD medical release . .(you have to review carefully what you have produce in your EEOC File ,and contact the appropriate individuals before simply issue a denial under oath to this request) Request 60
Admit under oath that Michael Bernard Heisler MD asked the plaintiff o go to work inside the ICU and to take care of critically ill patients ,after the plaintiff informed him that he is sick . .(you have to review carefully what you have produce in your EEOC File ,and contact the appropriate individuals before simply issue a denial under oath to this request) Request 61
Admit under oath that the plaintiff did NOT evaluate any of his supervisors or peers during his employment at Morehouse School of Medicine as a resident physician Request 62
Admit that your medical education chairman(Martha Elks MD) and medical education Director (Mr Bill Booth ) used to be aware in 2005 that according to the published ACGME rules the plaintiff used to have the right to evaluate his Former supervisors Theresa Rohr Kirchgraber MD., Natalier Bousader MD and Michael Bernard Heislier MD Request 63
Admit that Plaintiff contacted directly via phone Mr Bill Booth the Director of MSM Graduate medical education in 2006 , and asked the previously mentioned Morehouse employee about what he ( Mr Bill,Booth) believe is the plaintiff color and race , Further Plaintiff asked him about his right to evaluate his supervisors and peers and Morehouse Graduate medical education admit that according to the ACGME Plaintiff has the right to evaluate his supervisors and peers and HE DOES NOT KNOW WHY THE PLANTIFF FILE DOES NOT CONTAIN SUCH Documents . Request 64
Admit that your employee Mr Bill Booth .informed the plaintiff verbally in 2006 the Marlin Pruitt is the Morehouse person who is responsible for the documents and information’s which were produced to the EEOC . Request 65
Admit under oath that Plaintiff prescribed medications ,processed medical documents ,and examined patients during his employment at Morehouse School of Medicine although you (the defendant ) claimed that he has a thought process disorder ,can NOT communicate adequately verbally and does not understand the essential of outpatient care.( a few Pt care documents were released for your previews previously as an example for plaintiff care). Request 66
Admit that Plaintiff Patient care records includes documents at Grady memorial hospital and south Fulton medical center medical records department. Request 67
Admit that in 2004 Rao Mikkilinin MD described the plaintiff medical knowledge and patient care as superior ( an written statement was released inside your EEOC File ). Request 68
Admit that plaintiff never discussed his academic status, probation, or termination issues with Priscilla Igho-Pemu MD
(An African physician originally from Nigeria) . Request 69
Admit that plaintiff never discussed his academic status , probation, or termination issues with Adesoji Oderinde MD (An African physician originally from Nigeria) Request 70
Admit that plaintiff never discussed any probation, termination ,patient care or medical knowledge related issues with at least 4 -5 of your alleged RAC (Residency Advisory committee members) Request 71
Admit that Plaintiff never attended a Residency advisory Committee meeting in the presence of the following current or former Morehouse employees.
A - Adesoji Oderinde MD
B- Priscilla Igho-Pemu MD
C-Zhi,Hao,Zhou MD
D-Theresa –Rohr –Kirchgraber MD
E-David Anderson MD
G-Evelyn Baranco MD Request 71
Admit under oath Kenney Frontin MD did not attend your alleged March 2005 RAC (Residency advisory Committee ) meeting . Request 72
Admit that plaintiff never discussed his academic status , probation, or termination issues with your employee Evelyn Baranco MD . Request 73
Admit under oath that David Anderson MD never discussed with the plaintiff the issues documented in your EEOC file and never attended an RAC meeting with the Plaintiff . Request 74
Admit under oath that plaintiff never discussed Morehouse Residency Advisory committee recommendation ,reservation, probation or any other RAC issues with wither
Either Evelyn Baranco MD or Zhi Hao Zhou MD Request 75
Admit under oath that Eric Flenaugh MD suggested issuing an order to Morehouse or Grady security to arrest the plaintiff . Request 76
Admit under oath that the plaintiff has never entered Morehouse School of Medicine campus since Jun 2005. Request77
Admit under Oath that Eric Flenaugh MD suggested that Morehouse contact Howard University to report issues related to the plaintiff . Request 78
Admit that Eric Flenuagh MD contacted Howard university –Neurology department . Request 79
Admit that Eric Flenuagh MD contact Howard University Neurology residency coordinator via phone.in Jun 2005. Request 80
Admit under oath that Eric Flenuagh MD talked over the phone with the program coordinator at Howard University –Neurology department . Request 81
Admit that Myra E Rose never discussed with the plaintiff( Khattab) what was reported about him in September 2005 to the American Board of Internal Medicine . Request 82
Admit under oath that in Jun 2005 plaintiff downloaded The ACGME –Internal medicine residency requirements and took a hard copy to deliver and disscuss it with Kenny M. Frontin MD
(The ACGME is the Accreditation Council for Graduate Medical Education (ACGME Request 83
Admit under oath that in Jun 2005 Kenny M. Frontin MD contacted via phone Annapurni Jayam-Trouth, MD the Director of Neurology department at Howard University and verbally reported issue related to the Plaintiff.
(Plaintiff declare that he received a phone call in Jun 2005 from Dr Annapurni Jayam-Trouth informing him about a specific phone conversation with the associate residency program director at Morehouse Internal medicine department). Request 84
Admit that you failed to produce any evaluation for Plaintiff signed by any of his 2004-2005 peers.(The peers are 2004-2005 Morehouse School of Medicine –Internal medicine resident physicians) Request 85
Admit that according to the ACGME rules the plaintiff has the right to evaluate his supervisors and peers, and you failed to produce such evaluations Request 86
Admit that in 2005 you employed a new resident physician at Morehouse School of Medicine Internal Medicine residency program ,Further that resident is considered Black African and was never be employed as a PGY-1 at Morehouse School of Medicine . Request 87
Admit that Michael B Heisler MD never discussed his final 2005 ICU evaluation with the plaintiff ,further he never signed a hard copy of the previously mentioned document. Request 88
Admit that . Michael B Heisler MD e-mailed Myra e Rose MD (in or around the 3rd week of May 2005 ) and informed her that he will not FAIL the plaintiff . Request 89
Admit that you claimed in your Attachment {A}to your Initial disclosure to this court signed by Mr Vernon Strickland and submitted on the 23rd day of April 2007 ,that Theresa Rohr-Kirchgraber MD and Bousader Armstrong MD address is
Morehouse School of Medicine
720 Westview Drive, S.W.
Atlanta, Georgia 30314
404-752-1500 ,Further admit that when plaintiff requested to depose those individuals you denied that they are available at the above mentioned address . Request Number 9O
Admit that the in 2006-2007 academic year ACGME changed its Procedures for Addressing Complaints Against Residency Programs and Sponsoring Institutions . Request 91
Admit that Morehouse School of Medicine , Graduate medical education chairman used to be aware that according to the ACGME 2007 rules and public information the following was available to the public and truthful,: The ACGME will investigate, if substantiated, noncompliance with accreditation standards that relate to program quality. The ACGME will NOT intervene on behalf of an individual complainant regarding matters of admission, appointment, credit, promotion, or dismissal of faculty, residents or fellows. Request 92
Admit that you did not produce the plaintiff Discrimination complaints 0507 MMA1005 ,0507MMA1006 and 0507 MMA1007 reported via the defendant(Morehouse School of Medicine ) compliance-Discrimination hot –line. Request 93
Admit that Morehouse School of Medicine never answered in writing Plaintiff complaints 0507 MMA1005 ,0507MMA1006 and 0507 MMA1007 reported via the defendant compliance hotline. Request 94
Admit that in May and Jun 2005 Plaintiff requested to be evaluated in writing by his supervisors ,peers ,patients and nurses according to the Following ACGME rule which used to effective in 2004-2005. Program Requirements for Residency Education in Internal Medicine Rule VII./D-A
Evaluation/ A. Resident
{d) Assessment should include the use of assessment results,
including evaluation by faculty, patients, peers, self, and other
professional staff, including nurses, to achieve progressive
improvements in residents' competence and performance.}} Request 95
Admit that you DID NOT and can NOT provide any complaint against the Plaintiff signed by any of his former patients during his employment at Morehouse School of Medicine. Request 96
Admit under oath that you Failed to provide any complaint against the Plaintiff signed by any of his former patients during his employment at Morehouse School of Medicine. Request 97
Admit that you failed to provide any unsatisfactory evaluation for the plaintiff performance, professionalism or manners s signed by any of his former peers or nurses. Request 98
Admit that the plaintiff former attorney Haasan Hosien El-khalil contacted Morehouse School of Medicine before the termination of the plaintiff employment . Request No 99
Admit that the plaintiff former attorney Haasan H El-khalil contacted Myra E Rose MD in 2005 Request No 100
Admit that the plaintiff former attorney Haasan H El-khalil contacted Mrs Youlanda Christie the Internal Medicine residency manager in May and Jun 2005. Request No 101 Admit that the plaintiff former attorney ( El-khalil )askid Morehouse School of Medicine to let its legal councilor or representative contact him directly before terminating plaintiff employment . Request No 102
Admit that James Reed MD encouraged the plaintiff to sue Michael B.Heisler MD instead of Morehouse School of Medicine. Request 102
Admit that during the last week of May 2005 ,the Following individuals used to be aware that plaintiff was requesting a legal help to resolve his disputes with Morehouse School of Medicine A- Myra E Rose MD,
B- Micheal B Heisler MD ,
C- Eric Flenough MD
D- Jamed Red MD.
E- Yulonda Christie Request 103
Admit that Morehouse School of Medicine –Internal medicine department terminated the plaintiff employment after his former attorney contacted the defendant. Request No 104. Admit that you (the defendant) claimed in your Initial Disclosure to this court that Theresa -Rohr kirchgraber MD is a Morehouse school of medicine employee , and later when the plaintiff addressed your false statement under oath you supplemented your initial disclosure.
(The Initial disclosure was submitted to the court on April ,23,2007 and signed by your legal councilor Mr Vernon Strickland) . Request No 105 Admit that you did not treat the plaintiff equally like your Former African employee Mitzi Clayton .MD who was promoted to PGY-2 although her first year was ranked as marginal and her 2003 & 2004 In-Training exam results were not good and less than the plaintiff 2004 scores . =============================================================