1

 1 TRANSCRIBED FROM DIGITAL RECORDING

 2 IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

 3 EASTERN DIVISION 

 4 DR. NICHOLAS ANGELOPOULOS, ) No. 12 C 5836 

 ) 

 5 Plaintiff, ) 

 ) 

 6 v. ) 

 ) 

 7 KEYSTONE ORTHOPEDIC SPECIALISTS, S.C., ) February 11, 2014 

WACHN, LLC, MARTIN R. HALL, M.D., IRA K. ) Chicago, Illinois 

 8 DUBIN LTD. d/b/a GREEN DUBIN & CO., and ) 10:15 a.m. 

IRA K. DUBIN, ) 

 9 ) Emergency 

 Defendants. ) Motion Hearing 

10 

TRANSCRIPT OF PROCEEDINGS - BEFORE THE 

11 HONORABLE MAGISTRATE JUDGE DANIEL G. MARTIN 

12 APPEARANCES: 

13 For the Plaintiff: GAIR LAW GROUP, LTD. 

 1 East Wacker Drive 

14 Suite 2050 

 Chicago, Illinois 60601 

15 BY: MS. VILIA M. DEDINAS 

 MR. THOMAS R. HEISLER 

16 

For the Dubin Defendants: DOHERTY & PROGAR 

17 200 West Adams Street 

 Suite 2220 

18 Chicago, Illinois 60606 

 BY: MR. MICHAEL T. SPRENGNETHER 

19 

20 

TRACEY DANA McCULLOUGH, CSR, RPR 

21 Official Court Reporter 

219 South Dearborn Street 

22 Room 1426 

Chicago, Illinois 60604 

23 (312) 922-3716 

24 NOTE: Please notify of correct speaker identification.

FAILURE TO SPEAK DIRECTLY INTO THE MICROPHONE MAKES 

25 PORTIONS UNINTELLIGIBLE.

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 1 APPEARANCES CONTINUED: 

 2 For Defendants Hall PEDERSEN & HOUPT, P.C. 

Keystone and Wachn: 161 North Clark Street 

 3 Suite 3100 

 Chicago, Illinois 60601-3224 

 4 BY: MS. NAUREEN AMJAD 

 MR. ARTHUR M. HOLTZMAN 

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 1 THE CLERK: 12 C 5836, Angelopoulos versus Keystone.

 2 THE COURT: Good morning one and all. Get on the

 3 record, please.

 4 MS. DEDINAS: Good morning, Your Honor. Vilia

 5 Dedinas, D-E-D-I-N-A-S, and Tom Heisler, H-E-I-S-L-E-R, counsel

 6 for the plaintiff Dr. Angelopoulos.

 7 THE COURT: Miss Dedinas, Mr. Heisler. Go ahead.

 8 MR. SPRENGNETHER: Good morning, Your Honor. Michael

 9 Sprengnether, S-P-R-E-N-G-N-E-T-H-E-R, for the Dubin

10 defendants.

11 THE COURT: Mr. Sprengnether.

12 MR. SPRENGNETHER: Good morning, Your Honor.

13 MS. AMJAD: Naureen Amjad for the Hall defendants.

14 That's Dr. Hall, Keystone, and Wachn. 

15 THE COURT: Okay. 

16 MS. AMJAD: Last name spelled A-M-J-A-D.

17 THE COURT: Miss Amjad. Okay. 

18 MR. HOLTZMAN: Arthur Holtzman also on behalf of the

19 Hall defendants. H-O-L-T-Z-M-A-N.

20 THE COURT: Okay. This is plaintiff's emergency

21 motion to compel. I don't know that I share the emergency part

22 of it. But plaintiff filed the emergency motion to compel

23 deposition of defendant Dr. Hall, which was scheduled for

24 today, February 11th. Hall is the designated Rule 30 (b) 6

25 witness for nondefendant third parties Vertical Plus and

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 1 MedStaff. The plaintiff asks the Court to require Hall to

 2 appear for his deposition and to set dates for the future

 3 depositions, Keystone Orthopedics, W-A-C-H-N, LLC, and Dr. Hall

 4 individually.

 5 Defendants claim that Dr. Hall is too busy to be

 6 available. Provide a schedule of his travel and surgery dates.

 7 Defendants state that Dr. Hall will be required to sit for five

 8 depositions both individually and as a Rule 30 (b) 6 defendant

 9 for various defendant companies and third party companies.

10 Defendants also want to postpone any deposition until plaintiff

11 files its second amended complaint. I need to know when -- not

12 when Dr. Hall is traveling or has surgery, but when Dr. Hall is

13 available. Okay. And defendants need to let plaintiffs know

14 that today. What's going on?

15 MS. DEDINAS: Well, Your Honor, you know, I don't

16 want to -- 

17 THE COURT: He's got to sit for his deposition first

18 as the Rule 30 (b) 6 witness. And he's been designated in that

19 respect.

20 MS. DEDINAS: Correct.

21 THE COURT: And then, you know -- 

22 MS. DEDINAS: Your Honor, our big concern is we --

23 you know, this, this deposition was set, carved out by

24 everybody. And actually we believe it was canceled for the

25 sole reason that the defendants learned that we were going to

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 1 file a second amended complaint. And these --

 2 THE COURT: But if you file a second amended

 3 complaint, that doesn't mean we're going to delay the -- 

 4 MS. DEDINAS: Correct.

 5 THE COURT: -- deposition until and beyond that. And

 6 maybe if he sits for a deposition, you may not be required to

 7 compel him for another. But when can Hall be available for his

 8 deposition? He has a lawful obligation to sit for his

 9 deposition, which was noticed for today and has apparently been

10 vacated.

11 MS. AMJAD: Your Honor, Dr. Hall had a conflict

12 today, which is why he ended up canceling.

13 THE COURT: When can he be available? I don't care

14 about his conflicts or his surgery dates or his travel. When

15 are his available dates? 

16 MS. AMJAD: Currently the most recent available date

17 he has is March 1st.

18 THE COURT: Okay.

19 MS. AMJAD: That's a Saturday. The parties had

20 originally agreed because Dr. Hall is constantly traveling and

21 he has a busy orthopedic surgery schedule, taking him from

22 Indiana to Illinois, the parties had originally discussed being

23 flexible and potentially having depositions on weekends or

24 evenings.

25 THE COURT: Well, what is the feeling right now? 

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 1 MS. DEDINAS: Well, Your Honor --

 2 THE COURT: Is March 1st an acceptable date? 

 3 MS. DEDINAS: March 1st is only for a short period of

 4 time. I don't know that we can do two depositions. The other

 5 dates --

 6 THE COURT: Wait. Wait. Slow down. What do you

 7 mean only for a short period of time? What's wrong with all

 8 day March 1st? 

 9 MS. DEDINAS: He said he's only available from 9 to

10 12 on March 1st.

11 THE COURT: Okay. When can Dr. Hall be available to

12 sit for his deposition, or do I have to order him in under

13 the -- 

14 MS. DEDINAS: If you look at their --

15 THE COURT: -- under the threat of sanctions? 

16 MS. DEDINAS: -- the schedule that they've given us,

17 the first available date he says he has is April 22nd.

18 MS. AMJAD: After March 1st the next available date

19 that he is available is April 22nd.

20 THE COURT: Okay. Well, you know what I'm going to

21 do, I'm going to take a little break, and I'm going to let you

22 folks discuss something reasonable. All right. I've got his

23 whole schedule up here now. All right. And, you know, he's a

24 defendant to a lawsuit. He's been designated as the Rule 30

25 (b) 6 witness. All right. The company could have designated

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 1 anyone they chose to. They designated him. So, you know -- 

 2 MS. AMJAD: Your Honor --

 3 THE COURT: I mean, Dr. Hall doesn't run the whole

 4 show here. So Dr. Hall needs to maybe cancel a surgery or

 5 reset a surgery so he can be available to these folks for

 6 depositions. So I want you all to talk and come up with

 7 something within the next 30 days that's agreeable to all

 8 parties, and then I'll come back. Knock on the door when

 9 you're done, and we'll set this date. Let's get this moving.

10 Okay.

11 MS. DEDINAS: Thank you.

12 THE COURT: Thanks folks.

13 (Short break taken.)

14 THE COURT: Okay. Recall.

15 THE CLERK: Okay. 12 C 5836, Angelopoulos versus

16 Keystone.

17 THE COURT: Okay. All parties are still on the

18 record. Where are we with respect to our agreed available

19 date? 

20 MR. HOLTZMAN: Your Honor, I tried to reach Dr. Hall.

21 He's in surgery in Hines Hospital all morning. His office

22 doesn't control his calendar. He does. I tried to find out if

23 anybody else there could review it. They said we have to talk

24 to Dr. Hall. We will try to get him. The best I can suggest,

25 Your Honor, is we will get him, find him this afternoon and get

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 1 dates from him and communicate that to the other side. But

 2 he's in surgery this morning scheduled in Hines Hospital.

 3 THE COURT: Okay. Well, I'm going to order Dr. Hall

 4 to sit for his deposition within 30 days, at least for the

 5 first part. Seven hours max. And he needs to find the time to

 6 do that. The 9 to 12 on a Saturday is not apparently adequate

 7 to fulfill his responsibilities as the Rule 30 (b) 6 witness,

 8 deposition witness in the case. And that will be the initial

 9 matter. Let's figure it out after that. Well, let's get the

10 ball rolling on Hall's deposition. It doesn't seem onerous to

11 require that he provide seven hours, seven solid hours, which

12 is the limitation on an initial deposition within the next 30

13 days. 

14 I'll leave it up to the parties to determine what

15 that date is. Go ahead. 

16 MR. HOLTZMAN: Could that be split in two days? I

17 don't know his calendar again.

18 THE COURT: I don't think so. What do your opponents

19 say? They were upset that it was a three-hour interval. If

20 it's agreeable with your opponents, it will be agreeable with

21 me. But if not, it's got to be a seven-hour provision. He's

22 got to make the time, guys. It's his deposition. All right.

23 I mean, what am I missing here? All right.

24 MS. DEDINAS: If you're asking me, I mean, we're

25 trying to be flexible and accommodate him by doing two

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 1 depositions in one day over a seven-hour period.

 2 THE COURT: Okay. 

 3 MS. DEDINAS: With the understanding that one might

 4 go a little longer. One might go a little shorter. But to

 5 then commit to three hours for one --

 6 THE COURT: No. It's a full day as required by the

 7 rules deposition.

 8 MS. DEDINAS: Right.

 9 THE COURT: And then we'll see where we are after

10 that. Okay. You know, let's just get it moving. That's the

11 order of the Court. And Dr. Hall will have to come in and show

12 cause if he's unable to make that legal obligation. And that

13 would take up considerable time out of his schedule. So I

14 don't want that to happen. I know he's busy. I appreciate

15 that, but he's also got obligations here.

16 One of the parties, one of the defense parties had

17 filed a motion to extend discovery before me, and you noticed

18 it in front of me. I've got to direct the parties to renotice

19 that in front of Judge Dow. I can't reset his discovery dates.

20 I would if I could, but I cannot. 

21 MR. SPRENGNETHER: I wasn't certain on that, Your

22 Honor, and I will do that.

23 THE COURT: Okay. Let me see you folks about 35 days

24 out or a little bit more. Okay. We'll see where we are. This

25 seems to be a sticking point. If we can get over that, let's

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 1 get, let's get -- move forward with the case. Who knows? It

 2 might not be too long before we all sit down and talk about

 3 settling the case, and I'll put my settlement shoes on and I'll

 4 come out with the flaming -- you know, do a little juggling,

 5 and before you know it we'll all be pals. 

 6 Okay. When do you want to come back? 

 7 THE CLERK: March 18th, 9:30.

 8 THE COURT: How's that? 18th. All right.

 9 MS. DEDINAS: Thanks very much.

10 THE COURT: Tell Dr. Hall I'm -- you know, the judge

11 is scowling. All right.

12 MR. HOLTZMAN: We will communicate that.

13 MS. AMJAD: Thank you.

14 THE COURT: Please. Thank you much. Take care,

15 folks. 

16 MR. HEISLER: Thank you, Your Honor.

17 CERTIFICATE

18 I HEREBY CERTIFY that the foregoing is a true,

19 correct and complete transcript of the proceedings had at the

20 hearing of the aforementioned cause on the day and date hereof.

21 

22 /s/TRACEY D. McCULLOUGH February 24, 2014

23 Official Court Reporter Date

United States District Court

24 Northern District of Illinois

Eastern Division

25 

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