Case: EEOC v. QUEEN'S MEDICAL CENTER, INC.

EEOC v. Queen's Medical Cent

EEOC v. The Queen's Medical Center

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury trial demand; (Summons(es) issued) (eps) (Entered: 06/13/2001)

ORDER by Judge David A. Ezra rule 16 conference set for 9:00 9/24/01 before Mag Judge Leslie E. Kobayashi (eps) (Entered: 06/13/2001)

NOTICE OF MOTION and motion by intervenor Shyamal Premaratne to intervene as intervenor ; memorandum in support of motion; declaration of counsel; exhibits 1 and 2 set for 10:00 7/26/01 before Mag Judge Leslie E. Kobayashi (eps) (Entered: 06/15/2001)

Judge's disclosure by Judge Susan O. Mollway (cc: all counsel by chambers) (eps) (Entered: 06/19/2001)

CERTIFICATE of service (eps) (Entered: 06/22/2001)

MEMORANDUM by plaintiff EEOC in support of Shyamal Premaratne, MD's motion to intervene as intervenor [3-1] filed on June 14, 2001; declaration of counsel; exhibit 1; certificate of service (eps) (Entered: 07/02/2001)

WAIVER OF SERVICE OF SUMMONS by defendant Queen's Medical Cent on 6/26/01 thru Barry C. Marr, Esq., defendant understands that a judgment may be entered if an answer or motion under Rule 12 is not served within 60 days after 6/25/01 or within 90 days if the request was sent outside the United States (eps) Modified on 12/17/2001 (Entered: 07/05/2001)

STATEMENT of no position by defendant Queen's Medical Cent to Shyamal Premaratne, MD's motion to intervene as intervenor [3-1]; filed June 14, 2001; certificate of service (eps) Modified on 07/09/2001 (Entered: 07/09/2001)

EO : Movant Shymal Premaratne, M.D.'s Motion to Intervene as Intervenor set for 10:00 7/26/01, LEK is vacated. Motion taken under advisement, Court to issue Order. All parties notified by phone. cc: Law Clerk for Magistrate Judge Leslie E. Kobayashi - taking under advisement on the motion to intervene as intervenor [3-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe) (Entered: 07/24/2001)

SUPPLEMENTAL declaration of Carl M. Varady in support of intervenor Shyamal Premaratne re motion to intervene as intervenor [3-1]; exhibit a; certificate of service (fe) (Entered: 07/27/2001)

ORDER by Mag Judge Leslie E. Kobayashi granting Shyamal Premaratne, M.D.'s motion to intervene as intervenor [3-1] (cc: all counsel) Premaratne is further granted leave to file his proposed complaint in intervention within two weeks from the date of this order (fe) (Entered: 07/31/2001)

REPORT OF PARTIES PLANNING MEETING by plaintiff EEOC; certificate of service (fe) (Entered: 08/02/2001)

SCHEDULING CONFERENCE STATEMENT by plaintiff EEOC; certificate of service (fe) (Entered: 08/02/2001)

SUMMONS issued as to defendant Queen's Medical Cent (fe) (Entered: 08/06/2001)

CERTIFICATE of service (eps) (Entered: 08/15/2001)

SUPPLEMENTAL REPORT OF PARTIES PLANNING MEETING; certificate of service - by defendant Queen's Medical Cent (eps) (Entered: 08/16/2001)

ANSWER by defendant Queen's Medical Cent to [14-1] plaintiff EEOC complaint filed June 13, 2001; certificate of service (eps) (Entered: 08/24/2001)

INITIAL DISCLOSURE; certificate of service - by plaintiff EEOC (eps) (Entered: 09/04/2001)

ANSWER by defendant Queen's Medical Cent to plaintiff-intervenor's complaint [14-1] filed August 3, 2001; certificate of service (eps) (Entered: 09/04/2001)

CERTIFICATE of service (eps) (Entered: 09/05/2001)

CERTIFICATE of service (eps) (Entered: 09/06/2001)

NOTICE OF MOTION and motion by defendant Queen's Medical Cent to dismiss Shyamal Premaratne's complaint in intervention file 8/3/01 ; memorandum in support of motion; declaration of Craig Nakamoto; exhibits 1-2; certificate of service - set for 9:45 11/5/01 before Judge Susan O. Mollway (eps) (Entered: 09/17/2001)

NOTICE OF MOTION and motion by defendant Queen's Medical Cent to dismiss EEOC's complaint filed 6/13/01 ; memorandum in support of motion; declaration of Craig Nakamoto; exhibits 1-2; declaration of Patrick Jones; exhibits 3-4; declaration of Erlaine F. Bello, MD; exhibit 5; certificate of service - set for 9:45 11/5/01 before Judge Susan O. Mollway (eps) (Entered: 09/17/2001)

SCHEDULING CONFERENCE STATEMENT; certificate of service by intervenor plaintiff Shyamal Premaratne (eps) (Entered: 09/17/2001)

SCHEDULING CONFERENCE STATEMENT; certificate of service by defendant Queen's Medical Cent (eps) (Entered: 09/17/2001)

EP : Rule 16 Scheduling Conference held. 1. Jury trial on July 30, 2002 at 9:00.a.m. before SOM 2. Final Pretrial Conference on June 18, 2002 at 9:00a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by June 10, 2002 5. File motions to Join/Add Parties/Amend Pleadings by December 28, 2001 6. File other Non-Dispositive Motions by May 1, 2002 7. File Dispositive Motions by February 27, 2002 8a. File Motions in Limine by July 9, 2002 8b. File opposition memo to a Motion in Limine by July 16, 2002 11a. Plaintiff's Expert Witness Disclosures by January 28, 2002 11b. Defendant's Expert Witness Disclosures by February 27, 2002 12. Discovery deadline May 31, 2002 13. Settlement Conference set for February 25, 2002 at 2:00 p.m. before LEK 14. Settlement Conference statements by February 18, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by July 16, 2002 21. File Final witness list by July 9, 2002 24. Exchange Exhibit and Demonstrative aids by July 2, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by July 9, 2002 26. File objections to the Exhibits by July 16, 2002 28a. File Deposition Excerpt Designations by July 9, 2002 28b. File Deposition Counter Designations and Objections by July 16, 2002 29. File Trial Brief by July 16, 2002 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: LR 56.1 Memorandum given to parties. Judge Susan Oki Mollway's Trial Procedures given to parties. A copy of the Rule 16 Scheduling Order mailed to all parties. Status Conference set for 9:30 12/3/01, LEK ; rule 16 conference held on 9:00 9/24/01 before Mag Judge Leslie E. Kobayashi, ; Jury Trial set for 9:00 7/30/02 before Judge Susan O. Mollway, ; final pretrial conference set for 9:00 6/18/02 ; Motion filing ddl set for 2/27/02 ; Discovery ddl set for 5/31/02 ; settlement conference set for 2:00 2/25/02 before Mag Judge Leslie E. Kobayashi, Status Conference set for 9:30 12/3/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : In chambers-No Record) JUDGE Mag Judge Leslie E. Kobayashi (eps) (Entered: 09/25/2001)

Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (eps) (Entered: 09/27/2001)

CERTIFICATE of service (eps) (Entered: 10/02/2001)

CERTIFICATE of service (eps) (Entered: 10/09/2001)

MEMORANDUM by plaintiff intervenor Shyamal Premaratne in opposition to motion to dismiss Shyamal Premaratne's complaint in intervention filed 8/3/01 [22-1]; certificate of service (eps) (Entered: 10/19/2001)

Separate and concise STATEMENT of facts by plaintiff EEOC in opposition to defendant's motion to dismiss [23-1]; certificate of service (eps) (Entered: 10/19/2001)

MEMORANDUM by plaintiff EEOC in opposition to defendant's motion to dismiss [23-1]; declaration of Shyamal Premaratne, MD; exhibits 1-2; declaration of EEOC Director, Timothy A. Riera; exhibit 3; declaration of EEOC Trial Attorney, Elizabeth Jubin Fujiwara; certificate of service (eps) (Entered: 10/22/2001)

CERTIFICATE of service by plaintiff EEOC (eps) (Entered: 10/22/2001)

REPLY MEMORANDUM by defendant Queen's Medical Cent in support of motion (filed 9/14/01) to dismiss EEOC's complaint filed 6/13/01 [23-1]; certificate of service (eps) (Entered: 10/26/2001)

REPLY MEMORANDUM by defendant Queen's Medical Cent in support of motion (filed 9/14/01) to dismiss Shyamal Premaratne's complaint in intervention filed 8/3/01 [22-1]; certificate of service (eps) (Entered: 10/26/2001)

Substitution of facsimile with ORIGINAL DECLARATION of Shyamal Premaratne, MD; exhibit a; (declaration of Shyamal Premaratne, MD); certificate of service - by plaintiff EEOC re [32-1] (eps) (Entered: 10/29/2001)

EP : Motion to Dismiss Complaint in Intervention; Motion to Dismiss - Arguments. Motion to Dismiss Complaint in Intervention - taken under advisement. Motion to Dismiss - taken under advisement. Court to issue a written ruling by Friday. [22-1], [23-1] ( Ct Rptr : Debra Chun) JUDGE Judge Susan O. Mollway (eps) (Entered: 11/05/2001)

ORDER by Judge Susan O. Mollway granting in part and denying in part defendant's motion to dismiss - court denies EEOC's complaint and denies deft's motion to dismiss Dr. Premaratne's complaint as to CT 1 and 4; court grants deft's m/dismiss as to CTS 2 and 3 of Dr. Premaratne's complaint w/ leave for Dr. Premaratne to file an amended complaint no later than 12/13/01 [23-1], [22-1] (cc: all counsel) (eps) (Entered: 11/14/2001)

CERTIFICATE of service (eps) (Entered: 11/15/2001)

CERTIFICATE of service (eps) (Entered: 11/19/2001)

CERTIFICATE of service (eps) (Entered: 11/21/2001)

CERTIFICATE of service (eps) (Entered: 11/27/2001)

ORIGINALTRANSCRIPT filed ( Ct Rptr Debra Kekuna Chun) taken on 11/5/01 (eps)

EP : status conference was held 12/3/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : C335 Tape 1740) JUDGE Mag Judge Leslie E. Kobayashi (eps) Modified on 12/17/2001 (Entered: 12/04/2001)

CERTIFICATE of service (eps) (Entered: 12/11/2001)

CERTIFICATE of service (eps) (Entered: 12/11/2001)

CERTIFICATE of service (eps) (Entered: 12/17/2001)

CERTIFICATE of service (eps) (Entered: 12/18/2001)

CERTIFICATE of service (eps) (Entered: 01/04/2002)

CERTIFICATE of service (eps) (Entered: 01/14/2002)

CERTIFICATE of service (eps) (Entered: 01/14/2002)

CERTIFICATE of service (eps) (Entered: 01/15/2002)

EO : Status Conference Re: Trial Date and Deadlines set for 01/24/2002 03:30:00 PM, LEK. Susan Ichinose to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps) (Entered: 01/18/2002)

CERTIFICATE of service (eps) (Entered: 01/18/2002)

First amendment to his INITIAL DISCLOSURES dated 10/5/02 by intervenor plaintiff Shyamal Premaratne (eps) (Entered: 01/22/2002)

CERTIFICATE of service (eps) (Entered: 01/22/2002)

CERTIFICATE of service (eps) (Entered: 01/22/2002)

STIPULATED PROTECTIVE ORDER regarding confidential and proprietary information; exhibit a by Mag Judge Leslie E. Kobayashi - on behalf of pltf/intv (eps) (Entered: 01/22/2002)

CERTIFICATE of service (eps) (Entered: 01/23/2002)

EP : Status Conference Re: Trial Date and Deadlines held. Disclosure made by Magistrate Judge Leslie E. Kobayashi that one of the proposed witnesses in this case, Dr. McNamara was a former client of Magistrate Judge Leslie E. Kobayashi when she was in private practice. If the parties are not unanimous re: Magistrate Judge Leslie E. Kobayashi's continued assignment to this case, they can notify Magistrate Judge Leslie E. Kobayashi's Courtroom Deputy (CRD). Notification need not disclose which members are not agreeable, collective notification is all that is required. Parties to contact CRD re: Magistrate Judge Leslie E. Kobayashi's continued assignment and re: agreement on the continuance of the trial date by 1/31/02. Discovery Conference held. The Court gave its inclination regarding the discovery dispute raised by Plaintiff. Although the parties have not completed their requisite "meet and confer", the Court gave its inclination in light of the fact that records deposition that is in issue between the parties is scheduled to occur on January 28, 2002 regarding Richard Ballard. The following inclination was given to assist the parties in reaching an agreement as to their discovery dispute: The Court would be inclined to grant a protective order or a motion to quash subpoena as to the following document requests because the witness is not a party to the lawsuit and due to the general privacy rights implicated --- These are as to Document Request Nos. 4, 5, 6, 7, 8, 9, 10, 11 (except that a curriculum vitae or resume), 12, 13 (except as to any communications or correspondence regarding Plaintiff), 14 (except as to any communications or correspondence regarding Plaintiff), 15 (except as to any documents relating to the witness' work duties), 16 (except as to any documents relating to the witness' work duties), 17 (except as to any documents relating to the witness' work duties), 18 (except as to any documents relating to the witness' work duties), 19 (except as to documents related to Plaintiff), 20 (except as to documents related to Plaintiff), 21 (except as to documents related to communications to or from Plaintiff or his attorneys), 23, 24, 25 (except as to Plaintiff), 26 (except as to Plaintiff), and 27 (except as to Plaintiff). The Court's inclinations were accepted by the parties. On the remaining Discovery Issues, parties to meet and confer, Letter Briefs and any possible Supplemental Letter Briefs are due 1/31/02 by 4:00 p.m. cc: all counsel ( Ct Rptr : in chambers no record) JUDGE Mag Judge Leslie E. Kobayashi (eps) (Entered: 01/28/2002)

JOINT DISCLOSURE OF EXPERT testimony by plaintiff EEOC, and intervenor plaintiff Shyamal Premaratne; exhibits a and b; certificate of service (eps) (Entered: 01/29/2002)

CERTIFICATE of service (eps) (Entered: 01/29/2002)

CERTIFICATE of service (eps) (Entered: 01/29/2002)

NOTICE OF MOTION and motion by defendant Queen's Medical Cent to continue trial ; memorandum in support of motion; declaration of Christopher S. Yeh; exhibits a-h; certificate of service - set for 10:00 2/20/02 before Mag Judge Leslie E. Kobayashi (eps) (Entered: 02/07/2002)

EX PARTE MOTION to shorten time for hearing on defendant Queen's Medical Center's motion to continue trial; declaration of Christopher S. Yeh; and Order; certificate of service - by Mag Judge Leslie E. Kobayashi on behalf of defendant Queen's Medical Cent (eps) (Entered: 02/07/2002)

DECLARATION of George B. Apter in support of defendant the Queen's Medical Center's motion to continue trial (filed 2/5/02) certificate of service - by defendant Queen's Medical Cent re [63-1] (eps) (Entered: 02/07/2002)

CERTIFICATE of service (eps) (Entered: 02/11/2002)

EO : Settlement Conference set for 02/25/2002 02:00:00 PM, LEK is Vacated. Motion to Continue Trial Date set for 10:00 2/20/02, LEK, Settlement Conference to be reset after decision on the Motion to Continue Trial Date. cc: all counsel [63-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps) (Entered: 02/13/2002)

CERTIFICATE of service (eps) (Entered: 02/14/2002)

CERTIFICATE of service (eps) (Entered: 02/14/2002)

Supplemental INITIAL DISCLOSURES; certificate of service by plaintiff EEOC (eps) (Entered: 02/19/2002)

JOINDER by plaintiff EEOC in in plaintiff-intervenor Shyamal Premaratne MD's memorandum in opposition to defendant The Queen's Medical Center's motion to continue trial [63-1] filed 2/6/02; certificate of service (eps) (Entered: 02/20/2002)

MEMORANDUM by intervenor plaintiff Shyamal Premaratne in opposition to defendant The Queen's Medical Center's motion to continue trial [63-1] filed 2/6/02; declaration of Susan M. Ichinose; declaration of Carl M. Varady; declaration of Elizabeth Jubin Fujiwara; certificate of service (eps) (Entered: 02/20/2002)

REPLY MEMORANDUM by defendant Queen's Medical Cent in support of motion to continue trial [63-1] filed 2/6/02; declaration of Christopher S. Yeh; exhibits i-w; certificate of service (eps) (Entered: 02/20/2002)

EP : Defendant The Queen's Medical Center's Motion to Continue Trial - Arguments heard. Motion Granted. No order to be issued [Clerk's Office, please terminate motion to continue trial]. Trial to be continued for 30 days. New trial date and deadlines given (see separate minutes). (Off the Record) - Discussion between Court and counsel regarding several discovery matters. Court gave its inclination. Parties to meet and confer, etc. cc: all counsel [63-1] (FTR-CD 2-C 7) JUDGE Mag Judge Leslie E. Kobayashi (eps) Modified on 02/21/2002 (Entered: 02/21/2002)

EO : New Trial Date and Deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Jury trial on August 27, 2002 at 9:00.a.m. before SOM 2. Final Pretrial Conference on July 16, 2002 at 9:00a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by July 9, 2002 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by May 29, 2002 7. File Dispositive Motions by April 3, 2002 8a. File Motions in Limine by August 6, 2002 8b. File opposition memo to a Motion in Limine by August 13, 2002 11a. Plaintiff's Expert Witness Disclosures by N/A 11b. Defendant's Expert Witness Disclosures by N/A 12. Discovery deadline June 28, 2002 13. Settlement Conference set for on call 14. Settlement Conference statements by N/A 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by August 13, 2002 21. File Final witness list by August 6, 2002 24. Exchange Exhibit and Demonstrative aids by July 30, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by August 6, 2002 26. File objections to the Exhibits by August 13, 2002 28a. File Deposition Excerpt Designations by August 6, 2002 28b. File Deposition Counter Designations and Objections by August 13, 2002 29. File Trial Brief by August 13, 2002 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties. ; Jury Trial set for 9:00 8/27/02 before Judge Susan O. Mollway, ; final pretrial conference set for 9:00 7/16/02 before Mag Judge Leslie E. Kobayashi, ; ddl set for 6/28/02 ; Motion filing ddl set for 4/3/02 before Mag Judge Leslie E. Kobayashi (FTR-CD 2-C 7) Mag Judge Leslie E. Kobayashi (eps) (Entered: 02/21/2002)

Amended CERTIFICATE of service (eps) (Entered: 02/25/2002)

CERTIFICATE of service (eps) (Entered: 02/25/2002)

Amended Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (eps) (Entered: 02/25/2002)

CERTIFICATE of service (eps) (Entered: 02/28/2002)

CERTIFICATE of service (eps) (Entered: 03/01/2002)

CERTIFICATE of service (eps) (Entered: 03/01/2002)

CERTIFICATE of service (eps) (Entered: 03/01/2002)

CERTIFICATE of service (eps) (Entered: 03/01/2002)

CERTIFICATE of service (eps) (Entered: 03/04/2002)

CERTIFICATE of service (eps) (Entered: 03/05/2002)

EX PARTE MOTION to shorten time for hearing on plaintiff-intervenor's motion to strike defendant The Queen's Med Ctr's disclosures of expert witnesses, and to exclude expert witnesses; declaration of Susan M. Ichinose; and Order; certificate of service by Mag Judge Leslie E. Kobayashi on behalf of intervenor plaintiff Shyamal Premaratne granting ex parte motion to shorten time for hearing (eps) (Entered: 03/11/2002)

NOTICE OF MOTION and motion by intervenor plaintiff Shyamal Premaratne to strike defendant The Queen's Medical Center's disclosures of expert witnesses and to exclude expert witnesses ; memorandum in support of motion; declaration of counsel; exhibits 1-4; certificate of service - set for 3:30 3/13/02 before Mag Judge Leslie E. Kobayashi (eps) (Entered: 03/11/2002)

CERTIFICATE of service (eps) (Entered: 03/11/2002)

JOINDER by plaintiff EEOC re motion to strike defendant The Queen's Medical Center's disclosures of expert witnesses and to exclude expert witnesses [87-1]; certificate of service (eps) (Entered: 03/11/2002)

EO : The Court received letter briefs on March 8, 2002 pursuant to LR37.1. Defendant Queen's Medical Center's ("Defendant") letter brief is construed as a motion for independent psychological examination pursuant to Rule 35, Fed.R.Civ.P., and Plaintiff EEOC's ("Plaintiff") and Intervenor _________ Premaratne's ("Intervenor") letter briefs are construed as seeking a protective order as to an independent psychological examination or, alternatively, seeking limitations on such an examination. Defendant's request for Rule 35 examination is hereby GRANTED, and Plaintiff and Intervenor's request for protective order, including having Intervenor's expert attend the examination and taping the examination, is hereby DENIED. The allegations made raise an issue as to the nature and extent of Plaintiff's damages for emotional distress and therefore Defendant is entitled to a Rule 35 examination. There is no evidence that Intervenor is disabled or otherwise unable to submit to a reasonable psychological examination, including reasonable testing, without the presence of a third party nor is there any evidence to justify recording the examination. Intervenor is therefore ordered to undergo psychometric testing with Joseph Rogers, Ph.D. and a psychiartirc evaluation with Mark Stitham, M.D. on dates and at times mutually agreed upon by the parties and based upon the availability of the examiners. If Intervenor is unable to attend on Tuesday, March 12, 2002 at 1:00 pm. with Dr. Rogers and on Saturday, March 16 at 1:30 pm. with Dr. Stitham, then he will make himself available in Honolulu on the first available dates and at times mutually agreed upon by the parties and based upon the availability of the examiners. IT IS SO ORDERED. cc: all counsel via fax and hard copy ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps) (Entered: 03/11/2002)

EO : "Intervenor Shyamal Premaratne ("Intervenor") seeks reconsideration of the Court's Order regarding Defendant Queen's Medical Center's ("Defendant") request for Rule 35 examination, specifically Intervenor objects to the psychiatric evaluation with Mark Stitham, M.D and argues that Dr. Stitham is "a biased defense expert". (Intervenor's 3/11/02 Ltr, at 1). Defendant is entitled to have the Rule 35 examination conducted by a qualified psychologist or psychiatrist. Intervenor has not demonstrated that Dr. Stitham is not qualified nor has he offered any specific evidence of bias. Alleged bias is not a reason for rejecting an examiner for purposes of Rule 35, Fed.R.Civ.P., and "the fact that the examining physician is regularly funded or paid by the moving party goes to the issue of the physician's credibility as a witness and not to the issue of qualification to conduct the examiniation." 7 Moore's Federal Practice, 35.07 2 (3d ed. 2001). Other courts have stated that, to hold otherwise, allows the plaintiff to dictate both the treating and the "independent" examiner: There is a reason for this. I see the purpose of Rule 35, Fed.R.Civ.P., as providing a level playing field as between the parties. Defendants have no say in determining what physician plaintiff chooses as his or her expert witness. Timpte v. District Court, 161 Colo. 309, 421 P.2d 728 (Colo., 1966). It follows that plaintiff's ability to object to an expert physician chosen by the defendant should be rather limited with any questions of bias or prejudice of either side's chosen expert being left to full exploration at trial. Gitto et al. v. Societa Anonima di Navigazione, Genova, 27 F.Supp. 785, 786 (E.D.N.Y., 1939). Looney v. National R.R. Passenger Corp., 142 F.R.D. 264, 265-266 (D.Mass. 1992). The motion for reconsideration is hereby DENIED. IT IS SO ORDERED. cc: all counsel via fax and hard copy [90-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps) (Entered: 03/12/2002)

EO : The Court, having received letter briefs from the parties pursuant to LR37.1, hereby orders the following: 1. ab Defendant Queen's Medical Center ("Defendant") shall produce documents concerning Sally Myers, Craig Nakamoto, Judson McNamara, Christian Gulbrandsen, Richard Ballard, Nahidh Haaniya, Tomoaki Noritomi, Assiz Russuk, and Wei Zhang, in Defendant's possession and/or control, relating to incidents of retaliation or harassment alleged by Intervenor Shyamal Premaratne, including any disciplinary action taken against them relating to such incidents, and all documents relating to communications between Intervenor and these individuals. These documents shall be produced fourteen days after a Stipulation for Protective Order regarding production of these documents is executed by the parties. If a stipulated protective order is currently in effect in this action, then the documents shall be produced no later than March 28, 2002. 2. ab Defendant shall produce documents requested in Request #22 or provide a sworn statement by March 28, 2002 that, after a diligent and good faith search for these documents, Defendant does not have possession nor control over such documents. 3. ab Defendant shall file its financial statements for 1992-2001 under seal with the Clerk of the Court by April 5, 2002, and these documents shall remain sealed until the Court permits otherwise. IT IS SO ORDERED. cc: all counsel ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps) (Entered: 03/13/2002)

MEMORANDUM by defendant Queen's Medical Cent in opposition to plaintiff-intervenor's motion to strike defendant The Queen's Medical Center's disclosures of expert witnesses and to exclude expert witnesses [87-1]; declaration of Christopher S. Yeh; exhibit a; certificate of service (eps) (Entered: 03/12/2002)

REPLY MEMORANDUM by intervenor plaintiff Shyamal Premaratne in support of motion to strike defendant The Queen's Medical Center's disclosures of expert witnesses and to exclude expert witnesses [87-1]; declaration of counsel; certificate of service (eps) (Entered: 03/13/2002)

CERTIFICATE of service (eps) (Entered: 03/13/2002)

CERTIFICATE of service (eps) (Entered: 03/13/2002)

EP : Plaintiff-Intervenor Shyamal Premaratne, M.D.'s Motion to Strike the Queen's Medical Center's Disclosure of Expert Witnesses, and to Exclude Expert Witnesses; Plaintiff EEOC's Joinder in Motion to Strike - Arguments heard. Motion is Granted in Part and Denied in part. Court to prepare Order [87-1] ( Ct Rptr : FTR-CD 4-Courtroom 7) JUDGE Mag Judge Leslie E. Kobayashi (eps) (Entered: 03/14/2002)

ORDER by Mag Judge Leslie E. Kobayashi granting in part and denying in part plaintiff-intervenor's motion to strike defendant The Queen's Medical Center's disclosures expert witnesses and to exclude expert witnesses [87-1] all counsel) (eps) (Entered: 03/15/2002)

CERTIFICATE of service by intervenor plaintiff (eps) (Entered: 03/21/2002)