Morehouse & James W Reed MD

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

KHALDOUN KHATTAB, )
PLAINTIFF )
V. ) CIVIL ACTION
MOREHOUSE SCHOOL OF MEDICINE) FILE NO: 1:07-CV-196-RWS
DEFENDANT )

Telephone Deposition of JAMES REED, M.D., taken by Khaldoun Khattab, Plaintiff, at the Richard B. Russell Federal Building, 75 Spring Street, S.W., Atlanta, Georgia 30303-3309, on the 17th day of March, 2008, commencing at 3:48 p.m., before Brenda K. Rolfe, Georgia Certified Court Reporter, B-781, with reading and signing being reserved by the Deponent.

BRENDA K. ROLFE, CERTIFIED COURT REPORTER
P.O. BOX 51
POWDER SPRINGS, GEORGIA 30127
(770) 943-0137

APPEARANCES:

FOR THE PLAINTIFF: PRO SE

FOR THE DEFENDANT: SARA DOYLE, ESQUIRE
HOLLAND & KNIGHT
ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET, N.E.
SUITE 2000
ATLANTA, GEORGIA 30309-3400
(404) 817-8500

JAMES REED, M.D. PAGE:

CROSS EXAMINATION BY MR. KHATTAB................... 3

P R O C E E D I N G S
MR. KHATTAB: Would you please go ahead and put Dr. Reed under oath, please?
COURT REPORTER: Dr. Reed, raise your right hand, please.
THE DEPONENT: (Complies with request.)
COURT REPORTER: You do solemnly swear or affirm the testimony you shall give in the pending matter shall be the truth, the whole truth, and nothing but the truth so help you God?
THE DEPONENT: I do.
Whereupon,
JAMES REED, M.D.
being first duly sworn, was examined and testified as follows:
CROSS EXAMINATION
BY MR. KHATTAB:
Q Good morning, Dr. Reed.
A Good afternoon.
Q Oh, yeah, good afternoon. It's late.
Would you please spell your last name?
A R-E-E-D.
Q Okay. How old are you, Doctor?
A Seventy-one.
Q Would you please briefly tell us a summary about your education and employment at Morehouse School of Medicine?
A Well, I'm a graduate of West Virginia State University, with undergraduate school Howard University College of Medicine, University of California San Francisco post-graduate program in endocrinology and metabolism; residence in medicine at the Madigan Army Medical Center.
Q When did you start your employment at Morehouse School of Medicine?
A Say again.
Q When did you start your employment --
A In 1985.
Q -- at Morehouse School of Medicine?
A 1985.
Q Okay. Is this the first time ever you are deposed?
A No.
Q Okay. When was the last time?
A Oh, I don't know. About -- about six months ago, I guess.
Q Would you please kindly tell us your date of birth?
A No.
Q No?
MS. DOYLE: Is that relevant, Dr. Khattab?
A (Deponent) Plus the fact it's private information. No, don't ask that again.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Okay. Are we having any problem with the phone?
A Am I what?
Q Do you have any problem with the phone you are using?
A No.
Q Okay. Are you comfortable?
MS. DOYLE: Dr. Khattab, we're having a little hard time hearing you.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Yes. Are you comfortable where you are, Dr. Reed, or no? Can you her me well, or you can't?
A At times you break off.
Q Okay.
COURT REPORTER: You just went away for a minute. I don't know what you just said. Are you there?
MR. KHATTAB: Yes, I'm still there.
COURT REPORTER: We've got a really bad connection right now, Dr. Khattab.
MS. DOYLE: Why don't you try to hang up and call back and see if that improves it?
MR. KHATTAB: Okay. I will call in ten seconds back. Bye.
(pause)
COURT REPORTER: Hello.
MR. KHATTAB: Yeah, can you hear me?
COURT REPORTER: That's better for me.
MR. KHATTAB: Okay, that's good. Can you hear me, Mrs. Doyle?
MS. DOYLE: Yes, we can hear you now.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Can you hear me, Dr. Reed?
A Yes.
Q Good. Are you ready to continue?
A Yes.
Q Okay. The last question I asked you was what's your date of birth, and you said no, it's private information.
A I'm not answering that question.
Q Okay. Did you have any --
A It's totally irrelevant.
Q Oh, I know. I disconnected.
A Okay.
Q No, the line was disconnected. Did you add anything?
A Do I have what?
Q Did you add any information?
A No.
Q Okay. Dr. Reed, I'm going to move to the next question.
A Yes.
Q Do you have a problem in listening to my voice over the phone?
A No.
Q Okay. That's good.
MR. KHATTAB: Mrs. Doyle, I've just heard that you will be on downtown Friday and you're going about a lot of things. Would you mind, you know --
MS. DOYLE: Ignore me. I'm off. Sorry.
MR. KHATTAB: I want to put on the record that I'm using the phone from over the seas, and I have some problems with the phone.
MS. DOYLE: Okay.
MR. KHATTAB: Okay.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, --
A Yes.
Q -- what's your current position at Morehouse School of Medicine?
A Say what? Ask again.
Q What's your current position at Morehouse School of Medicine?
A I am a professor of medicine. I'm the Associate Chair of the Department of Medicine, and I'm Chief of the Morehouse Medical Services at Grady.
Q Do you know the Plaintiff Khaldoun Khattab?
A Yes.
Q How do you know him?
A Say that again.
Q Do you have a problem in listening to my voice over the phone, sir?
A I have a problem understanding some of your -- some of your words, yes.
Q Okay. Unfortunately, I did not have that problem with the previous deponent people.
MR. KHATTAB: Mrs. Doyle, can you do your best to adjust the phone Mr. Reed is using, or you cannot? This is the best you can do?
MS. DOYLE: We can hear you. Just sometimes we just need you to repeat the question. So just ask them slowly; we should be okay.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Okay. Dr. Reed, --
A Yes.
Q -- do you remember when was the first time you met with the Plaintiff Khaldoun Khattab?
A Approximately, yes.
Q When was the first time you met with him? Do you remember?
A Yeah. It was during the first year of your residency.
Q During my residency?
A Yes.
Q Okay. Dr. Reed, --
A Yes.
Q -- are you still employed as a professor of medicine and a faculty member at Morehouse School of Medicine and General Medicine Department?
A Yes.
Q Okay. Are you a member of Morehouse's School of Medicine Residency Advisory Committee?
A Yes.
Q Okay. Did you provide any information or document which led to the termination of the Plaintiff's employment as a -- as a resident physician at Morehouse School of Medicine?
A No.
Q No, okay. Are you against the Plaintiff's -- which is me -- reinstatement at Morehouse's School of Medicine?
A Yes.
Q Would you please inform the Court why?
A Because of the rules that have been established by the department for education -- graduate medical education and medicine were followed verbatim, and I found nothing abnormal or unusual about any of the documentation or the reasons behind the dismissal.
Q Okay. Did you attend any meeting after termination of the Plaintiff's employment?
A Yes.
Q Just a second, let me continue the question. Any meeting after terminating the Plaintiff's employment to discuss issues related to this lawsuit?
A No.
Q You just said yes before I interrupted you.
A I attended the meetings that met to decide upon whether or not you should be dismissed or not.
Q Dr. Reed, --
A Yes.
Q -- are you aware that the Plaintiff were employed at Morehouse School of Medicine as a result of the MRMP outcome in 2004?
A Yes.
Q Okay. Do you remember when was the first time you had a meeting with the Plaintiff Khaldoun Khattab?
A Not the exact time, but it was during the first year of your residency.
Q Well the first year of my residency is a whole year.
A Yes.
Q Do you remember any months?
A No, I do not.
Q You do not remember?
A No, not any exact months.
Q Do you remember when you were appointed as an advisor for Khaldoun Khattab, the Plaintiff?
A Yes.
Q When?
A All of those are appointments before the residents arrive.
Q What month?
A The residents arrived in July of every year, so the appointments are made in that month.
Q July 2000 and what?
A Whatever the first year of your residency was. You'll have to remember, it wasn't yesterday.
Q Yeah, for sure, it was not yesterday.
I claim that I was informed in September of 2004, that you are going to be my advisor. And nobody informed me in June or July that you were supposed to be my advisor.
Do you claim that Morehouse sent a document to me in July or August, 2004, informing me that you are my advisor?
A The program sent documentation to each resident who's going to be their advisor upon their arrival. Now, when yours arrived, I haven't the foggiest.
Q Okay. Did Morehouse School of Medicine give you any advice about the legal consequences of lying under oath?
A No, why?
Q No, okay. Up to your knowledge, when was the last time you met with the Plaintiff?
A To the best of my knowledge, it was sometime during your first year of your residency. Exact date, I don't remember.
Q Do you remember the month?
A No.
Q Not even the month?
A No, not even the month.
Q Okay. Have you ever represented the Plaintiff, or advocated him in any meeting at Morehouse School of Medicine?
A Yes.
Q When was that?
A It was during one of the residency advisory committee meetings.
Q And do you remember what were your statements, or what did you do?
A I voted at the meeting.
Q Sorry?
A I voted at the meeting.
Q You voted at the meeting?
A Yes.
Q And you voted for what?
A When the process of your dismissal and the reasons for the dismissal were brought up, I voted.
Q You voted for favor of what?
A For dismissal.
Q So you voted for dismissing the Plaintiff?
A Yes.
Q Do you remember when was that meeting?
A No, I don't.
Q You don't?
A No, I don't.
Q And do you think you did a good decision when you were supposed to help and advise the Plaintiff by voting to dismiss him?
MS. DOYLE: Object to the form of the question.
THE DEPONENT: I object. I'm not going to answer that.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q You know that you are under oath?
MS. DOYLE: Yes. And hold on a second.
Dr. Reed, you cannot object. I can object.
THE DEPONENT: Okay.
MS. DOYLE: I did object. If you can answer the question, you can do so.
A (Deponent) Okay. Repeat your question.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q I've just said that you are aware that you are under oath. It was not a question.
A Yes.
Q The meeting which you voted in it to dismiss the Plaintiff, do you remember who attended the meeting?
A Not everyone. I remember some people.
Q Who is everyone?
A Pardon?
Q Who is everyone? Do you know the names of the people who attended the meeting?
A The meeting was chaired by Dr. Rose, and the meeting minutes has a roster of everybody that was there.
Q Dr. Rose and who else?
A Well, Dr. Flenough was there. Dr. Yulonda Christie was there.
Q Yulonda Christie and who else?
A I don't know who else.
Q Do you keep records of who attends your meetings?
A No, I do not.
Q Dr. Reed, --
A Yes.
Q -- did the Plaintiff attend that meeting?
A No.
Q Okay. Did you inform the Plaintiff before that there was a voting in the meeting?
A No.
Q Now, up to your knowledge, did Morehouse School of Medicine inform the Plaintiff that there was the voting in the meeting?
A To my knowledge, no.
Q No, also. Dr. Reed, --
A Yes.
Q -- do you believe that Plaintiff Khattab -- which is me -- cannot communicate verbally in English?
A No.
Q Now, have you ever had any language problems with the Plaintiff during his employment at Morehouse School of Medicine?
A No. I've never had any reason to.
Q Are you aware that Morehouse School of Medicine informed the ABIM, American Board of Internal Medicine, that Plaintiff cannot communicate adequately verbally in spoken English?
A I'm not aware, no.
Q You just said no, sir?
A Yes, I just said no.
Q Did you review the summary report which Morehouse School of Medicine submitted to the ABIM?
A No.
Q Have you ever reviewed that document?
A No.
Q So you are not aware about its contents?
A No, I'm not.
Q Who submitted the report?
A The program director.
Q The program director?
A That's right.
Q Would you please -- would you please name her?
A That's Dr. Rose.
Q Will you please repeat the name?
A Dr. Rose.
Q Full name, please.
A Dr. Myra Rose.
Q Myra E. Rose?
A I don't know what her middle name is. You've got all that, why ask me?
Q Just a second. You just said you don't know the full name?
A I don't know her middle name. Her first name is Myra. That I told you.
MS. DOYLE: Dr. Khattab, it's Dr. Myra Rose. There's no dispute.
MR. KHATTAB: I know. I know.
MS. DOYLE: Just move on.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, --
A Yes.
Q -- how many times did you meet with the Plaintiff to discuss his problems at Morehouse?
A At least two, to my knowledge.
Q At least two, to your knowledge?
A Yes.
Q Do you think that's enough time?
A Yes.
Q Yes?
A Yes.
Q Okay. Dr. Reed, --
A Yes.
Q -- are you aware that Plaintiff complained against a faculty member at Morehouse School of Medicine?
A Yes.
Q Who's the faculty member?
A Dr. Rohr. I met with you at your request.
Q Would you please state the full name?
A Theresa Rohr.
Q Theresa Rohr?
A Yes.
Q She's a physician?
A Yes.
Q And she used to be a faculty member?
A Yes.
Q Okay. Is she still employed at Morehouse School of Medicine?
A No.
Q Up to the best of your knowledge, where she is working now?
A I have no idea.
Q You have no idea?
A No.
Q Up to the best of your knowledge, when did she leave Morehouse?
A A year and a half to two years ago.
Q Okay. Dr. Reed, --
A Yes.
Q -- did you review the complaint which I submitted to the EEOC?
A No.
Q Okay. Did you review the complaint which I filed in this District Court?
A No.
Q Did anyone ever give you a copy of my EEOC complaint or my lawsuit and issue of complaint?
A No.
Q When is the last time you discussed with Morehouse faculty members or any Morehouse employee issues related to my lawsuit?
A Say that again.
Q When was -- up to your knowledge, when was the last time you discussed with Morehouse School of Medicine, faculty members, or any Morehouse employee, issues related to my lawsuit?
A I haven't discussed it with any of them, because I don't know all the issues with your suit.
MR. KHATTAB: Mrs. Doyle, do you have a copy of my initial complaint?
MS. DOYLE: No.
MR. KHATTAB: You don't have it?
MS. DOYLE: Not here, no.
MR. KHATTAB: Okay. Just a second.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, --
A Yes.
Q -- did you talk with the Plaintiff's former attorney, Hasan Husein Elkalel?
A No.
Q Are you aware that Attorney Hasan Husein Elkalel contacted Doctors Myra E. Rose and Martha Alex and other Morehouse employees regarding this lawsuit --
A No, I'm not.
Q -- regarding that -- a few complaints addressed in this lawsuit?
A He never contacted me, so I don't know who he contacted.
Q He didn't contact you, according to you?
A According to me.
Q The question was, are you aware that he contacted Myra E. Rose?
A No, I'm not. I don't know who he contacted.
Q Are you aware that he contacted Yulonda Christie?
A No, I'm not.
Q You're not. Are you aware that he contacted Martha Alex?
A No, I'm not.
Q Okay.
MR. KHATTAB: Mrs. Doyle, would you please give Dr. Reed a summary of the report which was filed to the ABIM?
MS. DOYLE: Okay, even though I am going to object since he's previously testified he's never seen it, did not participate in the preparation of it, nor did he submit it to the ABIM.
MR. KHATTAB: That's on the record. Don't worry.
MS. DOYLE: All right. He's got it.
MR. KHATTAB: He's got it.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Do you see the last paragraph where it said that this document was discussed with me?
A Just a minute.
Q If you cannot --
A Yeah, I see it. Okay.
Q You can find it?
A Yes, I see it.
Q Okay. Would you please read it?
A It says the board believes it is important for residents to have the opportunity to discuss the evaluation with the program director. Has this evaluation been reviewed by the resident?
Q What was the answer in the document?
A It says yes.
Q Okay. Up to your knowledge, did anyone discuss the content of this document with me, Plaintiff Khaldoun Khattab?
A To my knowledge?
Q Yes, up to the best of your knowledge.
A No. I'm not aware of any of that. That's not one of the things I'm privy to.
Q Okay. There's a document which I have in front of me now, and ABIM provided. Somebody submitted this information to the board. Items discussed include his inability to -- his inability refers to my inability, Khaldoun Khattab -- inability one, to demonstrate focused through process which solve and address clinical problems; two, provide patient care notes which indicate his understanding of the essentials of in-patient and out-patient care; three, communicate adequately verbally and in the written patient record; four, or effectively with colleagues, attendings, medical students, and clinical sports staff in a manner that build confidence in his ability to manage patient care.
Do you see the document which has what I have just verbally stated?
A No, I don't see the document, but I heard what you said.
Q Okay. Do you believe that Morehouse School of Medicine treated Plaintiff in a respectable way by sending a claim to the ABIM that he cannot communicate verbally?
MS. DOYLE: Object to the form of the question.
A (Deponent) It's just one part of the question.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q You're under oath, sir. I advise you to answer, Dr. Reed.
A Well, ask the full question.
Q Do you think Morehouse made a good choice by reporting me to the ABIM and claiming that I cannot communicate verbally?
A Is that all of the question, because there was much more than that in that statement you read me?
Q Yes, that's the question.
A Well, yes.
Q Yes, Morehouse did something good to claim that I cannot communicate verbally, sir?
A I'm not judging whether or not it was good, bad, or indifferent. I'm saying the answer to your question is yes.
Q Okay. You just said that you have no problem in verbal communication with me?
A Yes, I said that.
Q Was that your statement?
A Yes.
Q Do you want to change the statement? You said yes. Okay. So you have a problem in verbal communications with me?
A No, I don't.
Q Which now we want to put on the record.
A That's my personal knowledge. I'm not trying to answer to anybody else's knowledge.
Q Okay. So I thought we have room to question you for less than an hour, and you have made two contradicting statements. The first one, you claim that there was no problem in my verbal communication, and later you change your statement to say that you have a problem about my verbal communication.
A Well, I have to -- okay.
MS. DOYLE: Object to that statement, Dr. Khattab. He has only testified today that he has no problem with communicating with you verbally. He has made no comment otherwise.
MR. KHATTAB: The deposition is recorded, and you will receive it.
MS. DOYLE: Okay. Ask the next question.
MR. KHATTAB: It was not a question. It was a statement for you, Mrs. Doyle. I said the statements were made and it will be on the records.
MS. DOYLE: And I said ask the next question.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Mr. Reed, --
A Yes.
Q -- did you personally write the document which Morehouse provided as a probation document for the Plaintiff?
A No.
Q Who wrote that document?
A I have no idea. It was submitted by the program director, so I don't know who wrote it.
MR. KHATTAB: Mrs. Doyle, do you have a copy of the said document -- the probation document?
MS. DOYLE: I don't really know what you're talking -- you're going to have to give me a little bit more than that.
MR. KHATTAB: Sorry?
MS. DOYLE: Are you talking about just a letter?
MR. KHATTAB: Do you have a copy of it?
THE DEPONENT: I don't know what document he's talking about.
MS. DOYLE: Do you have a date for the document, Dr. Khattab?
MR. KHATTAB: Yes. According to Morehouse School of Medicine, it was Tuesday, March 22nd, 2005.
MS. DOYLE: Yes. I have a copy. It is face labeled Khattab-0298.
MR. KHATTAB: Does it start with the Dr. Khattab on Tuesday, March 22nd, 2005?
MS. DOYLE: Yes.
MR. KHATTAB: Would you please give it to Dr. Reed?
THE DEPONENT: I have it.
MS. DOYLE: I have done so.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, --
A Yes.
Q -- did you advise anyone to give the Plaintiff this document?
A No.
Q And you are not the person who wrote it?
A No, I am not the person who wrote it.
Q Up to the best of your knowledge, who created this document?
A I have no idea. I just know who signed it.
Q Okay. On Tuesday, March 22nd, 2005, who attended the residency advisory committee meeting?
A Dr. Khattab, I have no idea. You can get the minutes of the meeting from Yulonda. I have no idea who attended that. The record is kept there. I don't keep them.
Q You can't remember?
A No, I cannot remember. I attend about fifty meetings a year.
Q Did Yulonda Christie, or anybody else in the graduate medical education, keep records regularly about who attended meetings?
A Yes.
Q Yes?
A Yes, a record is kept on every meeting.
Q Okay. Would you please read Paragraph One?
A Read what?
Q Would you please kindly read Paragraph One, Dr. Reed, effective immediately -- would you please read it?
A It says on Tuesday, March 22nd, 2005, you met with the residence advisory committee to discuss our decision not to renew your contract for the 2005-2006 academic year. During the meeting the RAC decided to amend the -- the decision and provide you with one final opportunity for remediation. The letter outlines the conditions of your probationary status at the Morehouse School of Medicine Internal Medicine residential program.
Q Would you go ahead and read Paragraph One?
A Effective immediately, you have been placed on a six-week paid administrative leave, during which time it is expected that you will seek the assistance of a psychiatrist to evaluate problems related to either personal, organizational issues, or other long-term behavior difficulties. The RAC will need a statement from your psychiatrist about the initial evaluation and ongoing therapy.
Q Did you suggest in the meeting that Morehouse send me this information, which you have just verbally read it?
A Did I do what -- suggest?
Q Did you suggest that Morehouse send me this -- what you have just read in Paragraph One, sir?
A No, I didn't suggest it. But it's automatically sent. That's a --
Q Who suggested that I should be evaluated by a psychiatrist?
A I have no idea.
Q But you attended the meeting?
A I attended the meeting. And it was the decision of the meeting that that's what was needed.
Q It was the decision of the meeting, --
A It was a committee decision.
Q -- and you don't know who suggested so?
A It was a committee decision.
Q It was a committee decision?
A Yes.
Q And do you remember who are those committee members?
A No.
Q Dr. Reed, do you remember those committee members?
A No, I don't, but there's a roster of the committee.
Q Are you aware --
A And a roster of who attended. And if you want it, Ms. Christie has it.
Q -- that Morehouse gave me another document which say that I have a thought process disorder which needs to be evaluated by a psychiatrist?
A No.
Q You are not aware of this?
A No.
Q Is this the first time you hear it?
A No, it's not the first time I heard it.
Q Okay. Have you ever supported the claim that I have a thought process disorder?
A No.
Q Have you ever supported any claim --
A That's a psychiatric diagnosis.
Q -- that I have a major psychiatric disease?
A No.
Q Have you ever supported any claim that I have a psychiatric disease?
A No, but I have suggested that you be evaluated, so that if that was a problem that it could be dealt with.
Q Why you want to evaluate someone --
A Because that is a part of the process --
Q -- if they have a disease?
MS. DOYLE: Hold on, y'all. Let Dr. Khattab finish his question.
THE DEPONENT: Okay.
MS. DOYLE: Go on, Dr. Khattab.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Why you supported the decision to force me to be evaluated by a psychiatrist if you know that I have nothing?
A I didn't say that I know that you have nothing. I said that I didn't support their decision. I don't know what you have.
Q You don't know what I have?
A No, I don't.
Q And you just said that you don't think I have a major psychiatric disease?
A No, I didn't. I said I don't know that you have a psychiatric disease.
Q Okay. Based on what Morehouse School of Medicine recommended, that I should be evaluated by a psychiatrist --
A Uh-huh.
Q Do you want me to repeat the question, Dr. Reed?
A You just made a statement.
MS. DOYLE: Yes. I did not understand that to be a question.
THE DEPONENT: Me either.
MR. KHATTAB: On what?
MS. DOYLE: Please re-ask it.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, --
A Yes.
Q -- based on what, you and Morehouse School of Medicine suggested that I should be evaluated by a psychiatrist?
MS. DOYLE: What was the basis for their decision?
MR. KHATTAB: Mrs. Doyle, I think Dr. Reed could listen clearly to my voice. Yes, based on what --
A (Deponent) I heard your voice, and I did not hear a question. I heard a statement.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q The question is, this decision which you and Morehouse made was based on what?
A It was based on some of the interactions and some of the things that had been observed in your performance. It is routine to have it evaluated before any final decisions are made.
Q You routinely ask your residents to be evaluated by a psychiatrist before putting them on probation or terminating them, Dr. Reed?
A If we routinely think that there is something that is interfering with their ability to learn or to process information, yes.
Q Dr. Reed, --
A Yes.
Q -- are you aware that Plaintiff Khaldoun Khattab claimed that in response for my discrimination complaint, Morehouse School of Medicine retaliated by asking me to be evaluated by a psychiatrist?
A I don't understand your question.
Q Okay. I'll move to another question.
A Yeah.
Q Would you please read Paragraph Two?
A Paragraph Two. Your academic probation will begin upon your return May 1, 2005, and it will last three months. Then in July 31st, 2005 -- May, you will be in the ICU; June, you will be on the wards; and July, you'll be on the wards. During each of these rotations, you will be evaluated for your ability to, one, demonstrate focus thought processes, which solve and address clinical problems; two, provide patient care note, which indicates your understanding of the essentials of in-patient and out-patient care; three, communicate adequately verbally and in written patient record; and, four, work effectively with colleagues, attending medical students and clinical support staff in a manner that deals with confidence in your ability to manage patient care.
Q Okay. Thank you.
In your personal understanding, did the Plaintiff Khaldoun Khattab fail to demonstrate that he has a normal thought process prior to March 22nd, 2005?
A Yes.
Q Yes? So you believe that I have a focused thought process?
A Based upon the clinical notes which I advise you to go to Dr. Rose and discuss, yes. I read those notes.
Q And those notes, were they submitted to the Plaintiff -- to me to review it, and to the Court also?
A I don't know whether or not they were submitted to the Court or to you or not, but I do know that you were advised to take those notes and go to Dr. Rose and find out how you can make them better.
Q And who submitted those notes to you?
A I have no idea.
Q Sorry?
A I asked you to submit them. Did you?
Q Sir, I'm asking you a question. Who submitted those notes to you?
A As you recall, I asked you to take them there.
MS. DOYLE: Hold on, y'all. Let one talk at a time. Dr. Khattab, --
THE DEPONENT: Go ahead.
MS. DOYLE: -- the question?
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Who submitted those patient notes to you, Dr. Reed?
A I assume you did, because I advised you to take your notes to Dr. Rose.
Q Okay. I will put this on record. And it's my pleasure to put it on record. Dr. Reed, --
A Yes.
Q -- are you aware that Plaintiff Khattab was left alone on numerous occasions to take care of Grady internal medicine department patients? That question finished.
A No.
Q You're not aware?
A No.
Q Dr. Reed, are you aware that there is thousands of appropriate medical documents, specifically patient notes, written by me and co-signed by Morehouse School of Medicine faculty member, and those documents are still available in Grady?
MS. DOYLE: Object to the form of the question. You can answer.
A (Deponent) I'm assuming that they're there. All patient records are kept at the hospital.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, how could Morehouse faculty members co-sign my patient notes and claim that the patient notes are inappropriate, and at the same time, you know, co-sign it and don't write something else instead of what I have wrote?
MS. DOYLE: Object to the form of the question. Calls for speculation.
You can answer.
A (Deponent) Yeah, Dr. Khattab, I was not your attending. I have no idea whether or not your notes -- your attending co-signed your notes or not.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q You have no idea whether they co-signed my notes or not?
A I have no idea. I don't even know who your attending was, so I don't know whether or not they co-signed them or not. But if they co-signed them, they would be on record at the hospital, because all hospital records are permanent, and they can be very well retrieved.
Q Did you advise me to copy patient notes from the medical records department in Grady and to keep them with me as legal evidence in the future?
A No, I did not. I advised you to take those notes to Dr. Rose so she could teach you how to make them better.
Q So you claim that you advised me to copy notes from the medical records and to provide them to Myra E. Rose, M.D.?
A No, that is not what I said. I said I advised you to take your records -- your notes, and take them and discuss them with Dr. Rose so she could teach you how to make them better.
Q And when this happened?
A I don't know when it happened. I don't even know whether or not you did it.
Q Dr. Reed, --
A Yes.
Q -- do you know what month I started working at Morehouse School --
A No.
Q You don't know what month I started working?
A No, I don't.
Q Excuse me. Dr. Reed, --
A Yes.
Q -- you don't know when I started working at Morehouse?
A I have no idea what day you started working at Morehouse. I know the year you started your residency, and that's it.
Q Are you aware that I faced a measure of problems on July 1st, 2004 at Grady Hospital?
A What problem? Be specific about the problem. What problem are you talking about?
Q Are you aware that someone at Morehouse told me that I want Americans to go kill all Syrians like you, like they killed the Iraqi's --
A Yes.
Q -- the first day of my employment at Morehouse?
A Yes, I'm aware of the incident.
Q Do you know that someone told me that I'm a nigger in July, 2004?
A Yes, I'm aware of that.
Q Do you know the name of the person?
A Pardon?
Q Do you know the name of the person?
A Yes, I know, because you brought the issue to me and told me. I'm aware because you told me, Dr. Khattab.
Q Identify the person.
A Dr. Rohr was one, and the other was one of the residents.
Q What's the name of the resident?
A Oh, gosh, I don't know. But, anyways, it was you're Syrian and her Lebanon argument.
Q What did you do when the Plaintiff informed you about those statements?
A I told you to discuss them with the program director.
Q You discussed those allegations with the program director?
A No. I told you to discuss them. I didn't discuss them with anyone.
Q Did you advise the Plaintiff to file a discrimination complaint?
A No, I did not.
Q Why?
A Because I didn't think that was an adequate thing to do. I advised you to go discuss that with Dr. Rose and let her take the necessary official action by your complaint and then go from there.
Q Are you aware that in or around middle July, 2004, Plaintiff complained that he was threatened to be killed verbally?
A No.
Q Are you aware that Plaintiff had a meeting in or around middle July, 2004, with Eric Marble and another physician who used to be chief resident at Morehouse to discuss issues related to threatening the Plaintiff?
A No, I'm not aware of that.
Q Are you aware that Theresa Kirchgraber refused to transfer the Plaintiff and to let him work in another team in July, 2004?
A No. I didn't know the request was made.
Q Are you aware that Plaintiff used to work with Dr. Natalie Armstrong and Theresa Kirchgraber every Tuesday at Grady Medical Clinic Three, or at least was supposed to work with them every Tuesday from the beginning of his employment until his termination?
A No, I'm not aware of that, Dr. Khattab. I did not make the schedule. The chief resident makes the schedules.
Q No. The chief resident makes decision for what, sir?
A Makes the schedules for residents' rotations.
Q The question was, are you aware that I was working with them --
A No, I'm not.
Q -- throughout the year?
A Pardon? Say again.
Q Are you aware that I used to work with them throughout the year?
A No, I'm not aware of what your schedule was throughout the year.
Q Okay. Are you aware that Morehouse School of Medicine failed to provide any document signed by any nurse or medical staff or a co-worker -- not a supervisor, a co-worker, which support its claim that Plaintiff cannot work effectively with his peers for a medical staff and/or that any nurse or a resident physician complained against the Plaintiff?
A No, I'm not aware.
MS. DOYLE: Object to the form of the question.
You can answer.
A (Deponent) No, I'm not aware.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q In the document which I think you already have, number three said communicate adequately verbally. Do you believe --
A In the same sentence, though, it says -- I'm not answering unless you want me to answer the whole statement.
Q Okay. I accept. I accept. In number three, can you read it?
A Yes. Communicate --
Q I'm going to read it for you, sir. Communicate adequately --
A I can read it. It says communicate adequately --
MS. DOYLE: Hold on, hold on.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q -- in the written patient record.
Do you believe that Plaintiff was unable to communicate verbally when he started working at Morehouse School of Medicine?
A That's not what the statement says.
I'm not answering unless you want an answer for the whole statement.
Q Yes, I know. The statement doesn't say this. I'm asking you, do you think I was unable to communicate verbally when I started working at Morehouse School of Medicine?
A I really don't know, because I didn't have that many conversations with you.
Q When was the last time you had a conversation with me?
A The last time?
Q Yes.
MS. DOYLE: Object to the form of the question.
A (Deponent) Oh, I have no idea. The last time is now.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q The last time is now?
A Yes.
Q And before now?
A I have no idea -- that's over a year ago, and I don't remember that exact time, Dr. Khattab.
Q A year ago, okay.
Are you aware that Dr. Griffith Oduwole who was just deposed, and Dr. Romi Kilanini, they wrote letters of recommendation in support of the Plaintiff?
A Yes.
Q And did you review those letters of recommendations?
A No.
Q Did you review those physicians' evaluations?
A No.
Q So how you are sure that Plaintiff cannot demonstrate focus thought process to solve and address clinical problems?
A Based upon the evaluations that your attendings wrote in your record.
Q But the two I have just said are, or used to be, my supervisors, and they claim in their writing that my patient care was superior.
A How many of your attendings does this letter include?
Q How many attendings?
A Yeah.
Q You can ask the School of Medicine to answer these questions during my deposition.
A You had more than three, I know.
Q Yeah. I think you have been deposed before, and you know the rules.
MS. DOYLE: Ask the question, Dr. Khattab. And you stick to answering them, Dr. Reed.
THE DEPONENT: Uh-huh.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q If someone in patient care was described as superi- -- as very good and superior in July, 2004, how could it be described as very bad in March or April or May, 2005?
A Because nine months have expired, and it could be evaluated totally.
Q Are you going to testify under oath and claim that Plaintiff Khattab's former supervisors discussed their evaluations with him?
A With who?
Q Are you going to testify under oath today and claim that Plaintiff Khattab's former supervisors discussed their evaluations with him -- with me?
A No, because I don't know whether or not they discussed them with you or not.
Q You don't know?
A No, it's not my job.
Q It's not your job?
A No.
Q Whose job is this?
A That's the program director's job. I'm not the program director, Dr. Khattab.
Q I know you're not a program director.
A Well, then --
Q Please make it more official. Was it your job to advise the program director to ensure compliance with rules?
A No, that's not my job.
Q It's not your job to advise the program director or the graduate medical educational chairman to ensure compliance with the rules, Dr. Reed?
A No, it's not my job to advise anybody about rules.
Q What do you think was your responsibilities towards the Plaintiff?
A My responsibility toward the Plaintiff was, as his advisor, if he was having problems with the program, to seek me out to discuss them. And so my meetings with you were based upon your request for meetings. That's my job. That was my job.
Q That's your job?
A Yes.
Q That's of your personal understanding?
A No personal understanding. That's what I know my job is.
Q Dr. Reed, do you know Dr. Romi Kilanini?
A Yes.
Q What's his color and race?
A He's Indian.
Q He's Indian. Are you aware that Morehouse School of Medicine claimed in its initial -- initial response --
MS. DOYLE: Dr. Khattab, we went through this with Mr. Booth. He does not know anything about the answers to discovery. You know that that was in error. Bill Booth has already testified about that. Don't waste our time. Ask this man questions he has knowledge about.
MR. KHATTAB: Mrs. Doyle, you are interrupting me in an effort to confuse me or to confuse the Court. I want to put this on the record. Dr. Reed --
MS. DOYLE: Ask a question.
THE DEPONENT: Yes.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Have you ever reviewed any of the documents which I filed in the court?
A No, Dr. Khattab. And this is the third time I've answered. No, I have not reviewed your court records, period.
Q Okay. Have you ever read a copy of any initial complaint at any medical website or any residency chat website claiming that this is Khaldoun Khattab's complaint against Morehouse School of Medicine?
A No, Dr. Khattab, I have not. And I don't know what websites you're talking about.
Q Dr. Reed, --
A Yes.
Q -- have you ever received a copy of the document which Attorney Sharif Akil submitted to the EEOC and Morehouse School of Medicine on my behalf?
A No, I have not.
Q You have not?
A No, I have not.
Q Okay. Did anyone tell you about such a document or letter?
A No.
Q Nobody contacted you regarding it?
A No.
Q Okay. Dr. Reed, --
A Yes.
Q -- up to your knowledge, did Plaintiff Khattab work in August, 2004, under the supervision of Linda Ramarez?
A I really don't know.
Q You don't know?
A No, I don't. I don't know who you worked under. I don't have your work schedule.
Q You don't know whom I worked with?
A (No response.)
Q Do you want me to repeat the question?
A Yeah, repeat.
Q Whom I worked with?
A I don't know who you worked with. I don't have your work schedule.
Q Okay. Were you aware that in or around middle October, 2005, Plaintiff Khattab, me, was left at Grady Memorial Hospital to work more than twenty-four hours without eating one meal?
A No, I'm not aware.
Q Are you aware that Plaintiff Khaldoun Khattab complained in front of his resident that he is a Muslim person and he was fasting in Ramadan, which is in October, 2004, and he had the right to take half an hour rest in an appropriate time of day to go eat?
A No.
Q You are not aware of that?
A No, I'm not.
Q Okay. Dr. Reed, are you aware that in or around middle October, 2004, Plaintiff Khattab addressed in writing that a patient at Grady Memorial Hospital had a procedure without the patient's written consent?
A No.
Q Have you ever been given a copy of the medical record of Morehouse/Grady former patient Dona Shippers?
MS. DOYLE: I object to your revealing her name on the record.
THE DEPONENT: Yeah.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Are you aware of this, Dr. Reed?
A No. You know, I will not answer a question with any patient's private information, Dr. Khattab.
Q You are refusing to --
A Yes, I'm refusing to --
Q -- answer any question concerning a patient?
A I am refusing to answer any question about a patient's private medical record.
Q Okay. No problem. If you're refusing to discuss issues related to Morehouse patients, how you are going to support your claim that the Plaintiff's patient care was inappropriate during his employment at Morehouse?
MS. DOYLE: Object to the form of the question. It calls for a legal conclusion.
THE DEPONENT: Yes.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Go ahead. You're under oath, Dr. Reed.
A Well, I'm not answering.
Q You're refusing to answer?
A Because I am not the person who has made the claim. My name is not on anything claimed against you, so I don't keep -- I don't understand. Why do you keep saying that?
Q Are you aware that the Plaintiff claimed that in retaliation for Plaintiff's civil rights, Morehouse School of Medicine created documents signed, or even unsigned, which indicate that Plaintiff's patient care was inappropriate?
A I'm not aware of those documents, Dr. Khattab.
Q In March 22nd meeting, did you vote to keep the resident, Khaldoun Khattab, or to dismiss him?
MS. DOYLE: Asked and answered. You can answer.
A (Deponent) Yes. And I've answered that question before.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q You voted for what?
A I voted for dismissal -- D-I-S-M-I-S-S-A-L. I voted for dismissal. Do you want me to spell it for you?
Q No.
A Okay.
Q But we were talking about another meeting, and I'm now talking about March 22nd meeting, sir.
A Okay.
Q So you voted in one meeting --
A I voted for dismissal at both the meetings, period.
Q I'm sorry?
A I voted for dismissal at both the meetings. Please, get on with it.
Q Okay. Do you consider representing and advocating residents in meetings is appropriate by simply going to meetings and voting against him and hide this voting?
MS. DOYLE: Object to the form of the question.
THE DEPONENT: Yeah. I don't get -- I don't even get the question.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Okay. The question will be on the record.
Were you advocated or asked to represent the Plaintiff Khaldoun Khattab in any of the meetings in which you participated and voted to terminate him?
A I was never asked to present Khattab to anything or to anybody.
Q Do you have a copy of the document which Yulonda Christie sent to the Plaintiff claiming that you, Dr. James Reed, will advocate the Plaintiff at the residency advisory committee meeting?
A No, I'm not. And what document are you talking about? I'll see if I can find it.
Q Okay. It's available to Morehouse. It's available to the Court also.
MS. DOYLE: What's the date. What's the date, Dr. Khattab?
MR. KHATTAB: It should be in or around the second week of March, 2004.
MS. DOYLE: Okay. I see what you're saying.
MR. KHATTAB: Did you find it?
THE DEPONENT: Okay. I see the record.
MS. DOYLE: We've got it. It's a document marked Khattab-0300. He's looking at it.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Mr. Reed, is this the first time you look at this document?
A Okay. Yeah, I see the document.
Q Is this the first time you see it?
A Yes, it's the first time I've seen the document.
Q The first time?
A Yes.
Q Okay. Dr. Reed, --
A Yes.
Q -- did you inform James Gavin, Morehouse former president, that Samuel Aquayo, the department former chairman, is changing the face of Grady?
MS. DOYLE: I'll object to the question. It's got no relevance to your case.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q That was published publicly. It's available in Dr. Samuel Aquayo's lawsuit against Morehouse, which was settled recently. And there was a report on Fox 5, local channel in Atlanta, Georgia, that two faculty members at Morehouse School of Medicine asked Morehouse former president to remove Morehouse Internal Medicine Department former Chairman Samuel Aquayo because he was appointing white people.
Did you ever, Dr. Reed, inform Morehouse former president or ask him, in fact, to change the department Chairman Samuel Aquayo?
MS. DOYLE: I'll say the same objection.
MR. KHATTAB: It's on the record. It's available on TV, and it's also in the court files.
MS. DOYLE: Sure. So, therefore --
EXAMINATION
BY MR. KHATTAB: (resuming)
Q So are you going to answer the question or no, Dr. Reed?
A Well, what am I supposed to answer for that?
Q Is this statement true or not?
A If you say -- if he was asked to do that, you know, I didn't ask him. So what's the problem?
Q Again, Dr. Reed, did you ask him to remove Chairman Aquayo because he was appointing white people?
A No.
Q No? Are you aware that Samuel Aquayo, the department's former chairman, claimed that you were involved in a conspiracy series against him because he is not African?
MS. DOYLE: Dr. Khattab, I'm going to object to this line of questioning. Dr. Aquayo's lawsuit has absolutely nothing to do with this case. If you have a copy of Dr. Reed's former testimony, then you have the answers to a lot of these questions. There's no need for you to re-ask them. Ask him questions about your claims in this case.
MR. KHATTAB: We're putting it on the record for anybody who can read this deposition, can know things about Dr. Reed. Dr. Reed has a chance to deny things. He can simply say it's not true or false.
MS. DOYLE: I'm just not into spending my time listening to you ask him questions about another lawsuit. If you want to ask him questions about your claims, go ahead and do so; but the Court is going to shut down here, and you're not going to have had an opportunity to ask him the questions you really need to.
MR. KHATTAB: Mrs. Rose (sic), according to the federal laws of civil procedure, I have the right of deposing Dr. Reed for six hours. Do you know this fact or no? And we can continue this deposition another --
MS. DOYLE: You have a right to take his deposition for six hours.
MR. KHATTAB: -- if you want. I understand it's almost five for you. It's eleven p.m. for me, almost midnight.
MS. DOYLE: Yes. Dr. Khattab --
MR. KHATTAB: Do you agree we can continue later?
MS. DOYLE: No, we're not -- I'm not shutting us down right now. What I'm telling you, though, is this. You do not have a right to ask him questions that are unrelated to this lawsuit. You do not get an unfettered right to depose him for six hours on things that are unrelated to this case. If you only have two hours of relevant questioning, then that is what you are entitled to. So I suggest that you ask him questions that relate to your case.
MR. KHATTAB: Mrs. Doyle, I don't want to argue with you. I'm going to ask what I want. You can simply object or put on the record what you want. You can even ask to end this deposition whenever you want. Now, I'm going to move to the next question.
MS. DOYLE: Okay.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, --
A Yes.
Q -- did you receive any information from Dr. Martha Alex --
A Who?
Q -- regarding the Plaintiff's lawsuit?
A Who? Say the name again.
Q Martha Alex.
A No, because I don't even know who it is.
Q Are you aware that Martha Alex, in response to the Plaintiff's discrimination allegation, claimed that Plaintiff had an illusion disorder?
A If you're talking about -- if you're trying to say Dr. Martha Elks, no I did not receive anything from Dr. Elks.
Q Okay. Dr. Reed, --
A Yes.
Q -- did you give the Plaintiff a hard copy document on June 8, 2005?
A A hard copy document on what?
Q A hard copy document about his termination, or any document on that day?
A No, I didn't give the Plaintiff anything regarding his termination.
Q You didn't give me any document?
A No, I did not. Your documents came from the program.
Q Did you meet with the Plaintiff on June 8, 2005?
A Probably so. I don't remember if I did, but I had meetings with you.
Q Who informed the Plaintiff that he was terminated?
A Oh, Dr. Rose. That's her job.
Q Dr. Rose?
A Yes. That's her job.
Q And, up to your knowledge, when did this happen?
A I have no idea, which that's her job.
Q Morehouse School of Medicine admitted that I did not meet with Dr. Rose in June, 2005.
A Okay.
Q And you were my advisor. Would you like to clarify how in your department a person is informed that he is terminated?
A It's generally by a certified letter.
Q Certified letter?
A Yes.
Q And did Morehouse School of Medicine, up to your knowledge, send me a certified letter?
A I have no idea.
Q You have no idea?
A No, I don't know whether they sent you a certified letter or not.
Q As personal advisor of the Plaintiff, don't you believe that you have an obligation to protect the Plaintiff?
MS. DOYLE: Object to the form of that question.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q And to make sure that he received appropriate due process and documents?
A I have no obligation to protect the Plaintiff.
Q You have no obligation?
A No, I don't.
Q Okay. Dr. Reed, did the Plaintiff Khaldoun Khattab inform you that his attorney, or former attorney, Hasan Husein Elkelel, contacted Morehouse School of Medicine in May and June, 2005?
A No, you did not.
Q Were you informed by any other person?
A No, I was not.
Q Have you ever received any document from this attorney directly or indirectly?
A No, I have not.
Q Dr. Reed, did you inform the Plaintiff that he was terminated from Morehouse on behalf of Myra E. Rose?
A No, I did not.
COURT REPORTER: Dr. Khattab?
MR. KHATTAB: Yes.
COURT REPORTER: Can we take a quick break? I just need to run into the office and get the order for tomorrow to get into the courthouse with the equipment, and I'm afraid they're going to leave before we get through. It won't take me but a minute to run next door and get it.
MR. KHATTAB: You knew -- okay. We'll take two minutes break.
COURT REPORTER: Yeah. It won't take but a minute. Thank you.
MR. KHATTAB: Bye.
(WHEREUPON, A RECESS WAS TAKEN IN THE PROCEEDINGS.)
EXAMINATION
BY MR. KHATTAB: (resuming)
Q It's almost midnight in Syria. I have the problems. It's a simple question. You are still under oath, Dr. Reed. Do you accept to continue this deposition another day or no?
MS. DOYLE: No, that's not a decision for Dr. Reed to make. The Court is only going to be open for --
MR. KHATTAB: Yeah, it's a decision he can make.
MS. DOYLE: He cannot make that decision.
MR. KHATTAB: Unless you want me to put on the records that you want to answer on his behalf.
MS. DOYLE: That's exactly the case. I will answer that on his behalf.
MR. KHATTAB: Answer on his behalf.
MS. DOYLE: Okay. Here's a question. I know it is late for you. The Court here -- I believe we have to get -- in order -- the court reporter and Dr. Reed have to get their phones from security by six o'clock, which is a little less than an hour from now. We can continue on for a little while longer. We're going to have to finish then anyway for the day regardless.
MR. KHATTAB: Okay. What's your local time? I think it's five-eight or something?
MS. DOYLE: Yes, yes.
MR. KHATTAB: Eight minutes after five?
MS. DOYLE: Yeah, approximately.
MR. KHATTAB: I think I need three hours to complete the deposition of Dr. Reed. I have a lot of documents which he needs to review, and this will take three hours, so I think we cannot complete it today.
MS. DOYLE: Okay.
MR. KHATTAB: According to the federal rules, this could be continued on another day, unless you refuse and address it to the Court.
MS. DOYLE: Okay. I will discuss that with the school and Dr. Reed once we conclude here today, and I will let you know the answer to it. But the question is is how much longer do you want to go today? Do you want to ask a few more questions?
MR. KHATTAB: I can go just for ten or fifteen minutes.
MS. DOYLE: Okay.
MR. KHATTAB: If you are ready?
MS. DOYLE: Yes.
MR. KHATTAB: We can go for ten minutes.
MS. DOYLE: Let's do it. Why don't we do it?
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, --
A Yes.
Q -- do you have a copy of the letter of recommendation you wrote for the Plaintiff, and it was dated March 9, 2005?
A March 9, 2005? No.
MR. KHATTAB: Mrs. Doyle, would you please give him a copy?
MS. DOYLE: Okay. Let's see.
THE DEPONENT: March 9, 2005.
MS. DOYLE: Let's see. (pause) I have -- now, what's the letter about, Dr. Khattab?
MR. KHATTAB: It's a letter of recommendation.
MS. DOYLE: From who; Dr. Reed?
MR. KHATTAB: Signed by Dr. James W. Reed.
MS. DOYLE: Do you have a Bates number?
MR. KHATTAB: It was dated March 9, 2005.
MS. DOYLE: Right. There's no number at the bottom?
MR. KHATTAB: No. I have the original with me.
MS. DOYLE: In your file, the only two that I've seen are the ones from Dr. Michael Anini and Dr. Griffith.
MR. KHATTAB: Anyway, I will just -- I'm just going to read its content and then ask the question.
MS. DOYLE: Okay.
THE DEPONENT: Okay.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Khattab's academic performance as manifested by the 2004 internal medicine and training exam has been very satisfactory. He scored in the seventy-one percentile, demonstrating a good find of medical knowledge. I believe that he possessed the ability to succeed in an internal medicine residency program. There are some areas where improvement has been recommended; more specifically, progress notes and translation -- and translating knowledge to bedside. I feel that these can be successfully accomplished with a more conducive environment.
Dr. Reed, --
A Yes.
Q -- do you remember this document or not?
A Yes.
Q Okay. You said that, I believe that he possesses the ability to succeed in an internal medicine residency program. Why you voted just ten days or two weeks to dismiss the Plaintiff after you in writing claimed that you believed that Plaintiff possessed the ability to succeed in an internal medicine residency program?
A In another environment.
Q In another --
A Environment. And I think that's in the letter.
Q In the letter it says that I feel that this can be successfully accomplished with a more conducive --
A Environment.
Q -- environment.
A Yes.
Q So you believed that the environment was not appropriate for the Plaintiff at your department?
A Not necessarily for the department, but because of all the animosity, and also all of the threats that you had relayed in e-mails to just about everybody in the department, including Dr. Flenough about his wife, and Dr. Rohr about her son. Because of all these vicious e-mails that you had sent that we all have copies of, had created an environment that you were not -- that you were not thought of as being -- really, they thought that you were dangerous.
Q But, Dr. Reed, are you aware that the e-mails you are talking about were dated after March 9, 2005? And you are under oath.
A Yes, I'm aware that you had sent a whole batch of e-mails, especially to Dr. Flenough and his wife -- all about his wife and child. And even to Dr. Rohr, you had sent e-mails to her, because she was concerned because her son had read them, and they were having security people follow him to the football field. And if you want me to get up in court and tell them this, I will.
Q Dr. Reed -- sorry for interruption. You are under oath, and you should say the truth or --
MS. DOYLE: Listen to his questions.
Okay. Dr. Khattab --
EXAMINATION
BY MR. KHATTAB: (resuming)
Q -- automatically you will be in trouble.
MS. DOYLE: -- I've instructed him to listen to your questions. So please ask him.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, are you aware that the documents you are talking about, which Morehouse produced, all of them are dated after March 9, 2005?
A Yes, I'm aware of all of these documents.
Q And you are aware that they, according to even Morehouse, happened after March 2005?
A Yes.
Q Okay. Dr. Reed, --
A Yes.
Q -- you said in your letter a more conducive environment. What environment specifically you were talking about? You cannot predict for the future. You, for sure, were talking about something which happened March 9, 2005, or something before it?
A The things that we've already talked about. The issues that you had had with Dr. Armstrong, the issues that you have had with Dr. Rohr, all of these things had already transpired, and the atmosphere that you had created yourself had become pretty unpleasant.
Q Dr. Reed, when was the last time you talked with Dr. Rohr?
A I haven't talked to Dr. Rohr in -- in over a year, since Dr. Rohr left Morehouse School of Medicine.
Q Will you please repeat? I think somebody is moving around you or doing a stretch or something. I have some problems in my phone. Would you please repeat the answer?
A I said I have not spoken with Dr. Rohr since Dr. Rohr left Morehouse School of Medicine.
Q And based on that, how do you know that I contacted her via e-mail and mentioned her family?
A Because of all of these e-mails -- all of these e-mails were forwarded, so I did not speak to Dr. Rohr about them. All of the e-mails you wrote were forwarded, Dr. Khattab, so there were no secret e-mails.
Q Dr. Reed, the e-mails I wrote were forwarded to whom?
A Ask your question again. Ask your question again.
Q You just said all the e-mails were forwarded. Forwarded to whom?
A They were forwarded almost to the entire Morehouse campus. They came blatantly over our e-mail addresses.
Q And do you have a copy of what you believe are e-mails --
A I did not keep copies of your e-mails, Dr. Khattab.
Q Sorry?
A I did not keep copies of your e-mails, but they were forwarded and we all read them.
Q How are you going to prove that there were e-mails sent to Theresa Rohr-Kirchgraber in 2006 -- or in 2005?
A Dr. Khattab, you wrote at least fifty e-mails, and I have no way of attempting to go through all of them, or to try to remember all of them. They came in rapid succession.
Q Okay. Dr. Reed, are you going to testify under oath and claim that I sent e-mails to Theresa Rohr- Kirchgraber, M.D., in 2006?
A Not in 2006. I'm talking about the e-mails you sent before that. I don't know what you sent in 2006.
Q What year? You are talking about e-mails sent in which year?
A 2004 and 2005.
Q 2005?
A Yes.
Q Okay. So I'll repeat the question for the final time.
A Yes.
Q Dr. Reed, you are testifying under oath. Are you going to say that I sent e-mails and/or harassing e-mails to Theresa Rohr-Kirchgraber in 2005?
A No.
Q You said no?
A Yes.
Q Okay. Okay. Dr. Reed, regarding the incident with Natalie Armstrong, what did Morehouse do to correct this action?
A As I recall, Dr. Rose had a meeting with Dr. Armstrong about the issue, and we all thought the issue was settled. That it was something between two residents, and we had issues with residents. And all I know is she had a meeting with Dr. Armstrong and I heard no more about it.
Q And why nobody at Morehouse School of Medicine informed the Plaintiff Khaldoun Khattab, me, that Myra E. Rose had a meeting with Natalie Armstrong?
MS. DOYLE: Object to the form of the question. Calls for speculation. He can testify what he knows.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Yes. Up to your knowledge, Mr. Reed.
A I have no knowledge of what -- you know, or why you were not informed of any of this. But I do know that -- I do know that the meeting was held with Dr. Rose and Dr. Armstrong to go over the issue.
Q Did anybody at Morehouse School of Medicine investigate Dr. Theresa Rohr-Kirchgraber regarding any allegation you may think I raised against her?
A To my knowledge, no. I don't know. I just -- I don't know whether or not anybody investigated it. I advised you what to do about them, and that was the end of my advice.
Q What was your advice?
A My advice was for you to go to Dr. Rose and discuss the issue of what Dr. Rohr had said to you about being a nigger.
Q Dr. Reed, --
A Yes.
Q -- are you aware that before I met with you on or around June 8, 2005, I consulted my attorney, and I made preparations before meeting with you?
A No, because you did not inform me of that when you met with me.
Q Up to your knowledge, Dr. Reed, did you give me a hand-delivery copy of my termination --
A No, I did not.
Q -- documents?
A No, I did not.
MS. DOYLE: Are you talking about him personally, or the school?
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Okay. I just want to put this on record. You said no?
A No, I did not hand-deliver you a copy of your termination document.
Q Dr. Reed, --
A Yes.
Q -- have you ever been informed that in December, 2007, Plaintiff was left alone inside of Grady Memorial Hospital to take care of his ten patients, and his supervisors were having fun and enjoying Christmas and New Year's Eve?
A I don't understand your question. Repeat your question.
Q I will repeat the question in another format for you.
A Okay.
Q Have you ever been informed that Plaintiff worked alone without supervision in December, 2004?
A No.
Q Have you ever been informed that Plaintiff worked up to ninety-five hours in December, 2004?
A No.
Q Ninety-five hours a week, no?
A No.
Q Are you aware that Plaintiff has in his possession a letter -- a document which proved that either he was left alone in December or he took care of a lot of patients inside of Grady Memorial Hospital without supervision, or that his supervisors simply co-signed his documents on the medical records without adding new information?
A No.
MS. DOYLE: Object to the form of the question.
You can answer it.
THE DEPONENT: He's asked it --
A (Deponent) No, Dr. Khattab. And that's the same question you asked me an hour ago.
EXAMINATION
BY MR. KHATTAB: (resuming)
Q Dr. Reed, did you ask Marvin Crawford, M.D. -- Dr. Crawford to help the Plaintiff?
A Say again -- repeat the question. I didn't get it.
Q Did you ask or request Dr. Marvin Crawford to help the Plaintiff?
A Yes.
Q Did Marvin Crawford, M.D., vote to terminate the Plaintiff?
A I have no idea whether he did or not. He's not on the committee.
Q Please remember if he voted in favor of terminating the Plaintiff.
COURT REPORTER: Dr. Khattab, you're starting to be where I can't understand. I don't know what's wrong with the phone.
MR. KHATTAB: Okay, we can continue later. No problem.
Can I speak with Mrs. Doyle?
MS. DOYLE: Yeah?
MR. KHATTAB: When do you want to continue?
MS. DOYLE: I don't know the answer to that question.
MR. KHATTAB: Okay. We'll just --
MS. DOYLE: But tomorrow we're going to be here --
MR. KHATTAB: I think it is 5:20 local time in Atlanta, Georgia, and this deposition shall be continued on another date.
Do you want to put anything on the record?
MS. DOYLE: That we're going to reserve the right to respond to your request to continue the deposition, and I will let you know at a later date. Tomorrow we will be here at, what, eleven a.m. our time, and you're going to do Dr. Smith and then Dr. Rose?
MR. KHATTAB: Yes.
MS. DOYLE: Okay.
MR. KHATTAB: Okay. Thank you very much.
MS. DOYLE: Thank you.
MR. KHATTAB: Bye-bye.
MS. DOYLE: Bye.

(WHEREUPON, THE DEPOSITION WAS CONCLUDED FOR THE DAY AT 5:23 P.M.)

C E R T I F I C A T E

STATE OF GEORGIA )
COUNTY OF COBB )

I hereby certify that the foregoing transcript was taken down, as stated in the caption, and the questions and answers thereto were reduced to typewriting by me personally; that the foregoing pages 1 through 74 represent a true, correct and complete transcript of the evidence given upon said hearing; and I further certify that I am not of kin or counsel to the parties in the case, am not in the regular employ of counsel for any of said parties, nor am I anywise interested in the result of said case.
This day, June 1, 2008.

_________________________
BRENDA K. ROLFE (B-781)
CERTIFIED COURT REPORTER