Free Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 1 of 35

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT =========================================X LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, Fed. R. Civ. P. 26(b)(4)(A) NOTICE Plaintiff(s) TO TAKE DEPOSITION -against3:02 CV 718 DANBURY HOSPITAL, ET AL. (RNC)(DFM) Defendants. =========================================X Page 1 COUNSEL: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 26(b)(4)(A), plaintiffs LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, by her attorneys, THE LAW FIRM OF JOSEPH LANNI, P.C., and WEINER, MILLO & MORGAN, LLC, will take the deposition of: MICHAEL B. TEIGER, M.D., on the date of February 9, 2006, at 10:00 a.m., to be held at the offices of Neubert, Pepe & Monteith, P.C., 195 Church St., New Haven, CT 06509, in the above captioned action, before competent authority not affiliated with any of the parties or their attorneys, on all relevant and material issues, to be used in the trial of this action.

PLEASE TAKE FURTHER NOTICE that the witness and/or counsel retaining the deponent as an expert witness is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 2 of 35

Page 2

A copy of the current professional resume' or curriculum vitae of the witness; A list of all publications authored by the witness; Copies of all records, diaries and/or bills pertaining to services rendered in connection with the retention of the witness as an expert in this case; All file materials maintained by the witness in connection with this case including, but not limited to, the following: (a) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were reviewed, read, seen, or heard in connection with (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (b) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that serve as the basis for expert opinions of this witness; (c) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were furnished or provided to the witness by defendants, defendants' counsel and/or defendants' insurance carriers used in (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (d) all reports, correspondence, documents, papers, memoranda, notes, and other tangible items created by the witness pertaining to (i) the evaluation or analysis of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness;

PLEASE TAKE FURTHER NOTICE that counsel for defendant Danbury Hospital is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

The complete original or certified copy of the Danbury Hospital records pertaining to the admission of plaintiff's decedent, Michael Guigliano, during the dates of February 7, 2001 ­ April 17, 2001; the handwritten note of Vanessa

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 3 of 35

Page 3

Saipher pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; the February 17, 2001, "Code 99 Flowsheet" for Michael Guigliano; the "Code 99 Log" for February 2001; the transporter report/log of Lorissa Howard for February 17, 2001; the patient transportation log for February 17, 2001; correspondence sent from hospital administration to the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; and correspondence received by hospital administration from the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001.

This deposition will continue day after day until completion. Counsel for the parties are invited to be present and to cross-examine on behalf of your client. Dated: Larchmont, New York January 18, 2006 Yours, etc.,
Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:05:57 -05'00'

Joseph Lanni

_____________________________________ JOSEPH LANNI (CT 23566) The Law Firm Of JOSEPH LANNI, P.C. Attorneys for Plaintiff LAURA GUIGLIANO 138 Chatsworth Avenue, Suites 6-8 Larchmont, New York 10538 (914) 834-6600 Fax: (914) 834-0152

TO: NEUBERT, PEPE & MONTIETH, P.C. Attorneys for Defendants DANBURY HOSPITAL, 195 Church Street New Haven, CT 06510

Case 3:02-cv-00718-RNC

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Page 4

RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendant BORRUSO & DANBURY SURG. ASSOC. 80 Fourth Street Stamford, CT 06905 HALLORAN & SAGE, L.L.P. Attorneys For Defendant CATANIA One Goodwin Square 225 Asylum Street Hartford, CT 06103 SCOTT F. MORGAN, ESQ. WEINER, MILLO & MORGAN, LLC Co-Counsel for Plaintiff LAURA GUIGLIANO 220 Fifth Avenue, 7th Floor New York, New York 10001 RENDE, RYAN & DOWNES, LLP Attorneys for Apportionment Defendant / Third Party Defendant FRANK KESSLER, M.D. 202 Mamaroneck Avenue White Plains, New York 10601

Case 3:02-cv-00718-RNC

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Filed 04/03/2006

Page 5 of 35

DECLARATION OF SERVICE PURSUANT TO 28 U.S.C. § 1746 I, JOSEPH LANNI, an attorney duly admitted to practice before this Court, hereby certify, under the penalty of perjury, that the following is true and correct: I am over 18 years of age, I am not a party to the action, and I reside in Westchester County in the State of New York. I served a true copy of the annexed: Fed. R. Civ. P. 26(b)(4)(A) Notice to Take Deposition, dated January 18, 2006, on the date of: January 18, 2006, by mailing the same via first class mail or the equivalent in a sealed envelope deposited in a post office or receptacle for mail provided by the U. S. Postal Service or via an express delivery courier service to the offices of counsel for the defendants located at the address indicated below:
TO: NEUBERT, PEPE & MONTEITH Attorneys for Defendants DANBURY HOSPITAL 195 Church Street New Haven, CT 23067 Tel.: (203) 821-2000 RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendants BORRUSSO & DANBURY SURG. ASSOC., P.C. 80 Fourth Street Stamford, CT 06905 Tel.: (203) 357-9200 HALLORAN & SAGE, LLP Attorneys for Defendants CATANIA One Goodwin Square Hartford, CT 06103 Tel.: (860) 522-6103 SCOTT F. MORGAN (CT 23648) WEINER, MILLO & MORGAN, LLP Co-Counsel for Plaintiffs 220 Fifth Avenue New York, New York 10001 Tel.: (212) 213-1220 RENDE, RYAN & DOWNES Attorneys for Appt Dft/Third Party Dft. KESSLER 202 Mamaroneck Ave. White Plains, New York 10601 Tel.: (914) 681-0444

Executed on January 18, 2006, Larchmont, New York.

Joseph Lanni

______________________________ JOSEPH LANNI (CT 23566)

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:06:44 -05'00'

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 6 of 35

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT =========================================X LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, Fed. R. Civ. P. 26(b)(4)(A) NOTICE Plaintiff(s) TO TAKE DEPOSITION -against3:02 CV 718 DANBURY HOSPITAL, ET AL. (RNC)(DFM) Defendants. =========================================X Page 1 COUNSEL: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 26(b)(4)(A), plaintiffs LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, by her attorneys, THE LAW FIRM OF JOSEPH LANNI, P.C., and WEINER, MILLO & MORGAN, LLC, will take the deposition of: ELLEN DUELL, R.N., on the date of February 10, 2006, at 10:00 a.m., to be held at the offices of Neubert, Pepe & Monteith, P.C., 195 Church St., New Haven, CT 06509, in the above captioned action, before competent authority not affiliated with any of the parties or their attorneys, on all relevant and material issues, to be used in the trial of this action.

PLEASE TAKE FURTHER NOTICE that the witness and/or counsel retaining the deponent as an expert witness is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 7 of 35

Page 2

A copy of the current professional resume' or curriculum vitae of the witness; A list of all publications authored by the witness; Copies of all records, diaries and/or bills pertaining to services rendered in connection with the retention of the witness as an expert in this case; All file materials maintained by the witness in connection with this case including, but not limited to, the following: (a) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were reviewed, read, seen, or heard in connection with (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (b) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that serve as the basis for expert opinions of this witness; (c) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were furnished or provided to the witness by defendants, defendants' counsel and/or defendants' insurance carriers used in (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (d) all reports, correspondence, documents, papers, memoranda, notes, and other tangible items created by the witness pertaining to (i) the evaluation or analysis of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness;

PLEASE TAKE FURTHER NOTICE that counsel for defendant Danbury Hospital is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

The complete original or certified copy of the Danbury Hospital records pertaining to the admission of plaintiff's decedent, Michael Guigliano, during the dates of February 7, 2001 ­ April 17, 2001; the handwritten note of Vanessa

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 8 of 35

Page 3

Saipher pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; the February 17, 2001, "Code 99 Flowsheet" for Michael Guigliano; the "Code 99 Log" for February 2001; the transporter report/log of Lorissa Howard for February 17, 2001; the patient transportation log for February 17, 2001; correspondence sent from hospital administration to the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; and correspondence received by hospital administration from the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001.

This deposition will continue day after day until completion. Counsel for the parties are invited to be present and to cross-examine on behalf of your client. Dated: Larchmont, New York January 18, 2006 Yours, etc.,

Joseph Lanni _____________________________________
JOSEPH LANNI (CT 23566) The Law Firm Of JOSEPH LANNI, P.C. Attorneys for Plaintiff LAURA GUIGLIANO 138 Chatsworth Avenue, Suites 6-8 Larchmont, New York 10538 (914) 834-6600 Fax: (914) 834-0152

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:07:24 -05'00'

TO: NEUBERT, PEPE & MONTIETH, P.C. Attorneys for Defendants DANBURY HOSPITAL, 195 Church Street New Haven, CT 06510

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

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Page 4

RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendant BORRUSO & DANBURY SURG. ASSOC. 80 Fourth Street Stamford, CT 06905 HALLORAN & SAGE, L.L.P. Attorneys For Defendant CATANIA One Goodwin Square 225 Asylum Street Hartford, CT 06103 SCOTT F. MORGAN, ESQ. WEINER, MILLO & MORGAN, LLC Co-Counsel for Plaintiff LAURA GUIGLIANO 220 Fifth Avenue, 7th Floor New York, New York 10001 RENDE, RYAN & DOWNES, LLP Attorneys for Apportionment Defendant / Third Party Defendant FRANK KESSLER, M.D. 202 Mamaroneck Avenue White Plains, New York 10601

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 10 of 35

DECLARATION OF SERVICE PURSUANT TO 28 U.S.C. § 1746 I, JOSEPH LANNI, an attorney duly admitted to practice before this Court, hereby certify, under the penalty of perjury, that the following is true and correct: I am over 18 years of age, I am not a party to the action, and I reside in Westchester County in the State of New York. I served a true copy of the annexed: Fed. R. Civ. P. 26(b)(4)(A) Notice to Take Deposition, dated January 18, 2006, on the date of: January 18, 2006, by mailing the same via first class mail or the equivalent in a sealed envelope deposited in a post office or receptacle for mail provided by the U. S. Postal Service or via an express delivery courier service to the offices of counsel for the defendants located at the address indicated below:
TO: NEUBERT, PEPE & MONTEITH Attorneys for Defendants DANBURY HOSPITAL 195 Church Street New Haven, CT 23067 Tel.: (203) 821-2000 RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendants BORRUSSO & DANBURY SURG. ASSOC., P.C. 80 Fourth Street Stamford, CT 06905 Tel.: (203) 357-9200 HALLORAN & SAGE, LLP Attorneys for Defendants CATANIA One Goodwin Square Hartford, CT 06103 Tel.: (860) 522-6103 SCOTT F. MORGAN (CT 23648) WEINER, MILLO & MORGAN, LLP Co-Counsel for Plaintiffs 220 Fifth Avenue New York, New York 10001 Tel.: (212) 213-1220 RENDE, RYAN & DOWNES Attorneys for Appt Dft/Third Party Dft. KESSLER 202 Mamaroneck Ave. White Plains, New York 10601 Tel.: (914) 681-0444

Executed on January 18, 2006, Larchmont, New York.

Joseph Lanni ______________________________
JOSEPH LANNI (CT 23566)

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:07:52 -05'00'

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 11 of 35

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT =========================================X LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, Fed. R. Civ. P. 26(b)(4)(A) NOTICE Plaintiff(s) TO TAKE DEPOSITION -against3:02 CV 718 DANBURY HOSPITAL, ET AL. (RNC)(DFM) Defendants. =========================================X Page 1 COUNSEL: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 26(b)(4)(A), plaintiffs LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, by her attorneys, THE LAW FIRM OF JOSEPH LANNI, P.C., and WEINER, MILLO & MORGAN, LLC, will take the deposition of: LEWIS J. KAPLAN, M.D., on the date of February 14, 2006, at 10:00 a.m., to be held at the offices of Halloran & Sage, LLP, 1 Goodwin Sq., Hartford, CT 06103, in the above captioned action, before competent authority not affiliated with any of the parties or their attorneys, on all relevant and material issues, to be used in the trial of this action.

PLEASE TAKE FURTHER NOTICE that the witness and/or counsel retaining the deponent as an expert witness is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

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Page 2

A copy of the current professional resume' or curriculum vitae of the witness; A list of all publications authored by the witness; Copies of all records, diaries and/or bills pertaining to services rendered in connection with the retention of the witness as an expert in this case; All file materials maintained by the witness in connection with this case including, but not limited to, the following: (a) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were reviewed, read, seen, or heard in connection with (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (b) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that serve as the basis for expert opinions of this witness; (c) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were furnished or provided to the witness by defendants, defendants' counsel and/or defendants' insurance carriers used in (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (d) all reports, correspondence, documents, papers, memoranda, notes, and other tangible items created by the witness pertaining to (i) the evaluation or analysis of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness;

PLEASE TAKE FURTHER NOTICE that counsel for defendant Danbury Hospital is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

The complete original or certified copy of the Danbury Hospital records pertaining to the admission of plaintiff's decedent, Michael Guigliano, during the dates of February 7, 2001 ­ April 17, 2001; the handwritten note of Vanessa

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 13 of 35

Page 3

Saipher pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; the February 17, 2001, "Code 99 Flowsheet" for Michael Guigliano; the "Code 99 Log" for February 2001; the transporter report/log of Lorissa Howard for February 17, 2001; the patient transportation log for February 17, 2001; correspondence sent from hospital administration to the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; and correspondence received by hospital administration from the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001.

This deposition will continue day after day until completion. Counsel for the parties are invited to be present and to cross-examine on behalf of your client. Dated: Larchmont, New York January 18, 2006 Yours, etc.,
Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:08:26 -05'00'

Joseph Lanni

_____________________________________ JOSEPH LANNI (CT 23566) The Law Firm Of JOSEPH LANNI, P.C. Attorneys for Plaintiff LAURA GUIGLIANO 138 Chatsworth Avenue, Suites 6-8 Larchmont, New York 10538 (914) 834-6600 Fax: (914) 834-0152

TO: NEUBERT, PEPE & MONTIETH, P.C. Attorneys for Defendants DANBURY HOSPITAL, 195 Church Street New Haven, CT 06510

Case 3:02-cv-00718-RNC

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Filed 04/03/2006

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Page 4

RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendant BORRUSO & DANBURY SURG. ASSOC. 80 Fourth Street Stamford, CT 06905 HALLORAN & SAGE, L.L.P. Attorneys For Defendant CATANIA One Goodwin Square 225 Asylum Street Hartford, CT 06103 SCOTT F. MORGAN, ESQ. WEINER, MILLO & MORGAN, LLC Co-Counsel for Plaintiff LAURA GUIGLIANO 220 Fifth Avenue, 7th Floor New York, New York 10001 RENDE, RYAN & DOWNES, LLP Attorneys for Apportionment Defendant / Third Party Defendant FRANK KESSLER, M.D. 202 Mamaroneck Avenue White Plains, New York 10601

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 15 of 35

DECLARATION OF SERVICE PURSUANT TO 28 U.S.C. § 1746 I, JOSEPH LANNI, an attorney duly admitted to practice before this Court, hereby certify, under the penalty of perjury, that the following is true and correct: I am over 18 years of age, I am not a party to the action, and I reside in Westchester County in the State of New York. I served a true copy of the annexed: Fed. R. Civ. P. 26(b)(4)(A) Notice to Take Deposition, dated January 18, 2006, on the date of: January 18, 2006, by mailing the same via first class mail or the equivalent in a sealed envelope deposited in a post office or receptacle for mail provided by the U. S. Postal Service or via an express delivery courier service to the offices of counsel for the defendants located at the address indicated below:
TO: NEUBERT, PEPE & MONTEITH Attorneys for Defendants DANBURY HOSPITAL 195 Church Street New Haven, CT 23067 Tel.: (203) 821-2000 RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendants BORRUSSO & DANBURY SURG. ASSOC., P.C. 80 Fourth Street Stamford, CT 06905 Tel.: (203) 357-9200 HALLORAN & SAGE, LLP Attorneys for Defendants CATANIA One Goodwin Square Hartford, CT 06103 Tel.: (860) 522-6103 SCOTT F. MORGAN (CT 23648) WEINER, MILLO & MORGAN, LLP Co-Counsel for Plaintiffs 220 Fifth Avenue New York, New York 10001 Tel.: (212) 213-1220 RENDE, RYAN & DOWNES Attorneys for Appt Dft/Third Party Dft. KESSLER 202 Mamaroneck Ave. White Plains, New York 10601 Tel.: (914) 681-0444

Executed on January 18, 2006, Larchmont, New York.

Joseph Lanni

______________________________ JOSEPH LANNI (CT 23566)

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:09:16 -05'00'

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 16 of 35

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT =========================================X LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, Fed. R. Civ. P. 26(b)(4)(A) NOTICE Plaintiff(s) TO TAKE DEPOSITION -against3:02 CV 718 DANBURY HOSPITAL, ET AL. (RNC)(DFM) Defendants. =========================================X Page 1 COUNSEL: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 26(b)(4)(A), plaintiffs LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, by her attorneys, THE LAW FIRM OF JOSEPH LANNI, P.C., and WEINER, MILLO & MORGAN, LLC, will take the deposition of: ADAM R. SILVERMAN, M.D., on the date of February 15, 2006, at 10:00 a.m., to be held at the offices of Ryan, Ryan, Johnson & DeLuca, LLP, 80 Fourth St., Stamford, CT 06905, in the above captioned action, before competent authority not affiliated with any of the parties or their attorneys, on all relevant and material issues, to be used in the trial of this action.

PLEASE TAKE FURTHER NOTICE that the witness and/or counsel retaining the deponent as an expert witness is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

Case 3:02-cv-00718-RNC

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Page 2

A copy of the current professional resume' or curriculum vitae of the witness; A list of all publications authored by the witness; Copies of all records, diaries and/or bills pertaining to services rendered in connection with the retention of the witness as an expert in this case; All file materials maintained by the witness in connection with this case including, but not limited to, the following: (a) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were reviewed, read, seen, or heard in connection with (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (b) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that serve as the basis for expert opinions of this witness; (c) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were furnished or provided to the witness by defendants, defendants' counsel and/or defendants' insurance carriers used in (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (d) all reports, correspondence, documents, papers, memoranda, notes, and other tangible items created by the witness pertaining to (i) the evaluation or analysis of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness;

PLEASE TAKE FURTHER NOTICE that counsel for defendant Danbury Hospital is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

The complete original or certified copy of the Danbury Hospital records pertaining to the admission of plaintiff's decedent, Michael Guigliano, during the dates of February 7, 2001 ­ April 17, 2001; the handwritten note of Vanessa

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 18 of 35

Page 3

Saipher pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; the February 17, 2001, "Code 99 Flowsheet" for Michael Guigliano; the "Code 99 Log" for February 2001; the transporter report/log of Lorissa Howard for February 17, 2001; the patient transportation log for February 17, 2001; correspondence sent from hospital administration to the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; and correspondence received by hospital administration from the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001.

This deposition will continue day after day until completion. Counsel for the parties are invited to be present and to cross-examine on behalf of your client. Dated: Larchmont, New York January 18, 2006 Yours, etc.,

Joseph Lanni _____________________________________
JOSEPH LANNI (CT 23566) The Law Firm Of JOSEPH LANNI, P.C. Attorneys for Plaintiff LAURA GUIGLIANO 138 Chatsworth Avenue, Suites 6-8 Larchmont, New York 10538 (914) 834-6600 Fax: (914) 834-0152

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:09:44 -05'00'

TO: NEUBERT, PEPE & MONTIETH, P.C. Attorneys for Defendants DANBURY HOSPITAL, 195 Church Street New Haven, CT 06510

Case 3:02-cv-00718-RNC

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Page 4

RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendant BORRUSO & DANBURY SURG. ASSOC. 80 Fourth Street Stamford, CT 06905 HALLORAN & SAGE, L.L.P. Attorneys For Defendant CATANIA One Goodwin Square 225 Asylum Street Hartford, CT 06103 SCOTT F. MORGAN, ESQ. WEINER, MILLO & MORGAN, LLC Co-Counsel for Plaintiff LAURA GUIGLIANO 220 Fifth Avenue, 7th Floor New York, New York 10001 RENDE, RYAN & DOWNES, LLP Attorneys for Apportionment Defendant / Third Party Defendant FRANK KESSLER, M.D. 202 Mamaroneck Avenue White Plains, New York 10601

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DECLARATION OF SERVICE PURSUANT TO 28 U.S.C. § 1746 I, JOSEPH LANNI, an attorney duly admitted to practice before this Court, hereby certify, under the penalty of perjury, that the following is true and correct: I am over 18 years of age, I am not a party to the action, and I reside in Westchester County in the State of New York. I served a true copy of the annexed: Fed. R. Civ. P. 26(b)(4)(A) Notice to Take Deposition, dated January 18, 2006, on the date of: January 18, 2006, by mailing the same via first class mail or the equivalent in a sealed envelope deposited in a post office or receptacle for mail provided by the U. S. Postal Service or via an express delivery courier service to the offices of counsel for the defendants located at the address indicated below:
TO: NEUBERT, PEPE & MONTEITH Attorneys for Defendants DANBURY HOSPITAL 195 Church Street New Haven, CT 23067 Tel.: (203) 821-2000 RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendants BORRUSSO & DANBURY SURG. ASSOC., P.C. 80 Fourth Street Stamford, CT 06905 Tel.: (203) 357-9200 HALLORAN & SAGE, LLP Attorneys for Defendants CATANIA One Goodwin Square Hartford, CT 06103 Tel.: (860) 522-6103 SCOTT F. MORGAN (CT 23648) WEINER, MILLO & MORGAN, LLP Co-Counsel for Plaintiffs 220 Fifth Avenue New York, New York 10001 Tel.: (212) 213-1220 RENDE, RYAN & DOWNES Attorneys for Appt Dft/Third Party Dft. KESSLER 202 Mamaroneck Ave. White Plains, New York 10601 Tel.: (914) 681-0444

Executed on January 18, 2006, Larchmont, New York.

Joseph Lanni

______________________________ JOSEPH LANNI (CT 23566)

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:10:12 -05'00'

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 21 of 35

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT =========================================X LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, Fed. R. Civ. P. 26(b)(4)(A) NOTICE Plaintiff(s) TO TAKE DEPOSITION -against3:02 CV 718 DANBURY HOSPITAL, ET AL. (RNC)(DFM) Defendants. =========================================X Page 1 COUNSEL: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 26(b)(4)(A), plaintiffs LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, by her attorneys, THE LAW FIRM OF JOSEPH LANNI, P.C., and WEINER, MILLO & MORGAN, LLC, will take the deposition of: DAVID C. BROOKS, M.D., on the date of February 16, 2006, at 10:00 a.m., to be held at the offices of Ryan, Ryan, Johnson & DeLuca, LLP, 80 Fourth St., Stamford, CT 06905, in the above captioned action, before competent authority not affiliated with any of the parties or their attorneys, on all relevant and material issues, to be used in the trial of this action.

PLEASE TAKE FURTHER NOTICE that the witness and/or counsel retaining the deponent as an expert witness is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

Case 3:02-cv-00718-RNC

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Page 22 of 35

Page 2

A copy of the current professional resume' or curriculum vitae of the witness; A list of all publications authored by the witness; Copies of all records, diaries and/or bills pertaining to services rendered in connection with the retention of the witness as an expert in this case; All file materials maintained by the witness in connection with this case including, but not limited to, the following: (a) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were reviewed, read, seen, or heard in connection with (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (b) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that serve as the basis for expert opinions of this witness; (c) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were furnished or provided to the witness by defendants, defendants' counsel and/or defendants' insurance carriers used in (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (d) all reports, correspondence, documents, papers, memoranda, notes, and other tangible items created by the witness pertaining to (i) the evaluation or analysis of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness;

PLEASE TAKE FURTHER NOTICE that counsel for defendant Danbury Hospital is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

The complete original or certified copy of the Danbury Hospital records pertaining to the admission of plaintiff's decedent, Michael Guigliano, during the dates of February 7, 2001 ­ April 17, 2001; the handwritten note of Vanessa

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 23 of 35

Page 3

Saipher pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; the February 17, 2001, "Code 99 Flowsheet" for Michael Guigliano; the "Code 99 Log" for February 2001; the transporter report/log of Lorissa Howard for February 17, 2001; the patient transportation log for February 17, 2001; correspondence sent from hospital administration to the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; and correspondence received by hospital administration from the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001.

This deposition will continue day after day until completion. Counsel for the parties are invited to be present and to cross-examine on behalf of your client. Dated: Larchmont, New York January 18, 2006 Yours, etc.,

Joseph Lanni _____________________________________
JOSEPH LANNI (CT 23566) The Law Firm Of JOSEPH LANNI, P.C. Attorneys for Plaintiff LAURA GUIGLIANO 138 Chatsworth Avenue, Suites 6-8 Larchmont, New York 10538 (914) 834-6600 Fax: (914) 834-0152

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:11:01 -05'00'

TO: NEUBERT, PEPE & MONTIETH, P.C. Attorneys for Defendants DANBURY HOSPITAL, 195 Church Street New Haven, CT 06510

Case 3:02-cv-00718-RNC

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Page 4

RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendant BORRUSO & DANBURY SURG. ASSOC. 80 Fourth Street Stamford, CT 06905 HALLORAN & SAGE, L.L.P. Attorneys For Defendant CATANIA One Goodwin Square 225 Asylum Street Hartford, CT 06103 SCOTT F. MORGAN, ESQ. WEINER, MILLO & MORGAN, LLC Co-Counsel for Plaintiff LAURA GUIGLIANO 220 Fifth Avenue, 7th Floor New York, New York 10001 RENDE, RYAN & DOWNES, LLP Attorneys for Apportionment Defendant / Third Party Defendant FRANK KESSLER, M.D. 202 Mamaroneck Avenue White Plains, New York 10601

Case 3:02-cv-00718-RNC

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Filed 04/03/2006

Page 25 of 35

DECLARATION OF SERVICE PURSUANT TO 28 U.S.C. § 1746 I, JOSEPH LANNI, an attorney duly admitted to practice before this Court, hereby certify, under the penalty of perjury, that the following is true and correct: I am over 18 years of age, I am not a party to the action, and I reside in Westchester County in the State of New York. I served a true copy of the annexed: Fed. R. Civ. P. 26(b)(4)(A) Notice to Take Deposition, dated January 18, 2006, on the date of: January 18, 2006, by mailing the same via first class mail or the equivalent in a sealed envelope deposited in a post office or receptacle for mail provided by the U. S. Postal Service or via an express delivery courier service to the offices of counsel for the defendants located at the address indicated below:
TO: NEUBERT, PEPE & MONTEITH Attorneys for Defendants DANBURY HOSPITAL 195 Church Street New Haven, CT 23067 Tel.: (203) 821-2000 RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendants BORRUSSO & DANBURY SURG. ASSOC., P.C. 80 Fourth Street Stamford, CT 06905 Tel.: (203) 357-9200 HALLORAN & SAGE, LLP Attorneys for Defendants CATANIA One Goodwin Square Hartford, CT 06103 Tel.: (860) 522-6103 SCOTT F. MORGAN (CT 23648) WEINER, MILLO & MORGAN, LLP Co-Counsel for Plaintiffs 220 Fifth Avenue New York, New York 10001 Tel.: (212) 213-1220 RENDE, RYAN & DOWNES Attorneys for Appt Dft/Third Party Dft. KESSLER 202 Mamaroneck Ave. White Plains, New York 10601 Tel.: (914) 681-0444

Executed on January 18, 2006, Larchmont, New York.

Joseph Lanni ______________________________
JOSEPH LANNI (CT 23566)

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:11:35 -05'00'

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 26 of 35

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT =========================================X LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, Fed. R. Civ. P. 26(b)(4)(A) NOTICE Plaintiff(s) TO TAKE DEPOSITION -against3:02 CV 718 DANBURY HOSPITAL, ET AL. (RNC)(DFM) Defendants. =========================================X Page 1 COUNSEL: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 26(b)(4)(A), plaintiffs LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, by her attorneys, THE LAW FIRM OF JOSEPH LANNI, P.C., and WEINER, MILLO & MORGAN, LLC, will take the deposition of: JERALD D. WISHNER, M.D., on the date of February 17, 2006, at 10:00 a.m., to be held at the offices of Weiner, Millo & Morgan, LLC, 220 Fifth Ave., New York, N.Y. 10001, in the above captioned action, before competent authority not affiliated with any of the parties or their attorneys, on all relevant and material issues, to be used in the trial of this action.

PLEASE TAKE FURTHER NOTICE that the witness and/or counsel retaining the deponent as an expert witness is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

Case 3:02-cv-00718-RNC

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Filed 04/03/2006

Page 27 of 35

Page 2

A copy of the current professional resume' or curriculum vitae of the witness; A list of all publications authored by the witness; Copies of all records, diaries and/or bills pertaining to services rendered in connection with the retention of the witness as an expert in this case; All file materials maintained by the witness in connection with this case including, but not limited to, the following: (a) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were reviewed, read, seen, or heard in connection with (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (b) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that serve as the basis for expert opinions of this witness; (c) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were furnished or provided to the witness by defendants, defendants' counsel and/or defendants' insurance carriers used in (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (d) all reports, correspondence, documents, papers, memoranda, notes, and other tangible items created by the witness pertaining to (i) the evaluation or analysis of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness;

PLEASE TAKE FURTHER NOTICE that counsel for defendant Danbury Hospital is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

The complete original or certified copy of the Danbury Hospital records pertaining to the admission of plaintiff's decedent, Michael Guigliano, during the dates of February 7, 2001 ­ April 17, 2001; the handwritten note of Vanessa

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 28 of 35

Page 3

Saipher pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; the February 17, 2001, "Code 99 Flowsheet" for Michael Guigliano; the "Code 99 Log" for February 2001; the transporter report/log of Lorissa Howard for February 17, 2001; the patient transportation log for February 17, 2001; correspondence sent from hospital administration to the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; and correspondence received by hospital administration from the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001.

This deposition will continue day after day until completion. Counsel for the parties are invited to be present and to cross-examine on behalf of your client. Dated: Larchmont, New York January 18, 2006 Yours, etc.,
Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:12:20 -05'00'

Joseph Lanni

_____________________________________ JOSEPH LANNI (CT 23566) The Law Firm Of JOSEPH LANNI, P.C. Attorneys for Plaintiff LAURA GUIGLIANO 138 Chatsworth Avenue, Suites 6-8 Larchmont, New York 10538 (914) 834-6600 Fax: (914) 834-0152

TO: NEUBERT, PEPE & MONTIETH, P.C. Attorneys for Defendants DANBURY HOSPITAL, 195 Church Street New Haven, CT 06510

Case 3:02-cv-00718-RNC

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Page 4

RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendant BORRUSO & DANBURY SURG. ASSOC. 80 Fourth Street Stamford, CT 06905 HALLORAN & SAGE, L.L.P. Attorneys For Defendant CATANIA One Goodwin Square 225 Asylum Street Hartford, CT 06103 SCOTT F. MORGAN, ESQ. WEINER, MILLO & MORGAN, LLC Co-Counsel for Plaintiff LAURA GUIGLIANO 220 Fifth Avenue, 7th Floor New York, New York 10001 RENDE, RYAN & DOWNES, LLP Attorneys for Apportionment Defendant / Third Party Defendant FRANK KESSLER, M.D. 202 Mamaroneck Avenue White Plains, New York 10601

Case 3:02-cv-00718-RNC

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Filed 04/03/2006

Page 30 of 35

DECLARATION OF SERVICE PURSUANT TO 28 U.S.C. § 1746 I, JOSEPH LANNI, an attorney duly admitted to practice before this Court, hereby certify, under the penalty of perjury, that the following is true and correct: I am over 18 years of age, I am not a party to the action, and I reside in Westchester County in the State of New York. I served a true copy of the annexed: Fed. R. Civ. P. 26(b)(4)(A) Notice to Take Deposition, dated January 18, 2006, on the date of: January 18, 2006, by mailing the same via first class mail or the equivalent in a sealed envelope deposited in a post office or receptacle for mail provided by the U. S. Postal Service or via an express delivery courier service to the offices of counsel for the defendants located at the address indicated below:
TO: NEUBERT, PEPE & MONTEITH Attorneys for Defendants DANBURY HOSPITAL 195 Church Street New Haven, CT 23067 Tel.: (203) 821-2000 RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendants BORRUSSO & DANBURY SURG. ASSOC., P.C. 80 Fourth Street Stamford, CT 06905 Tel.: (203) 357-9200 HALLORAN & SAGE, LLP Attorneys for Defendants CATANIA One Goodwin Square Hartford, CT 06103 Tel.: (860) 522-6103 SCOTT F. MORGAN (CT 23648) WEINER, MILLO & MORGAN, LLP Co-Counsel for Plaintiffs 220 Fifth Avenue New York, New York 10001 Tel.: (212) 213-1220 RENDE, RYAN & DOWNES Attorneys for Appt Dft/Third Party Dft. KESSLER 202 Mamaroneck Ave. White Plains, New York 10601 Tel.: (914) 681-0444

Executed on January 18, 2006, Larchmont, New York.

Joseph Lanni ______________________________
JOSEPH LANNI (CT 23566)

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:12:59 -05'00'

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 31 of 35

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT =========================================X LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, Fed. R. Civ. P. 26(b)(4)(A) NOTICE Plaintiff(s) TO TAKE DEPOSITION -against3:02 CV 718 DANBURY HOSPITAL, ET AL. (RNC)(DFM) Defendants. =========================================X Page 1 COUNSEL: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 26(b)(4)(A), plaintiffs LAURA GUIGLIANO, as Administrator of the Estate of MICHAEL GUIGLIANO, Deceased, and LAURA GUIGLIANO, Individually, by her attorneys, THE LAW FIRM OF JOSEPH LANNI, P.C., and WEINER, MILLO & MORGAN, LLC, will take the deposition of: JOHN A. CHABOT, M.D., on the date of February 27, 2006, at 10:00 a.m., to be held at the offices of Weiner, Millo & Morgan, LLC, 220 Fifth Ave., New York, N.Y. 10001, in the above captioned action, before competent authority not affiliated with any of the parties or their attorneys, on all relevant and material issues, to be used in the trial of this action.

PLEASE TAKE FURTHER NOTICE that the witness and/or counsel retaining the deponent as an expert witness is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

Case 3:02-cv-00718-RNC

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Filed 04/03/2006

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Page 2

A copy of the current professional resume' or curriculum vitae of the witness; A list of all publications authored by the witness; Copies of all records, diaries and/or bills pertaining to services rendered in connection with the retention of the witness as an expert in this case; All file materials maintained by the witness in connection with this case including, but not limited to, the following: (a) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were reviewed, read, seen, or heard in connection with (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (b) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that serve as the basis for expert opinions of this witness; (c) all medical and hospital records, reports, correspondence, documents, papers, memoranda, notes, professional medical and/or scientific literature, medical and/or scientific illustrations and diagrams, videographic and/or photographic images, audio recordings, and other tangible items that were furnished or provided to the witness by defendants, defendants' counsel and/or defendants' insurance carriers used in (i) the evaluation or analysis by this witness of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness; (d) all reports, correspondence, documents, papers, memoranda, notes, and other tangible items created by the witness pertaining to (i) the evaluation or analysis of any claim, defense or issue in this case, and (ii) the formulation of the expert opinions of this witness;

PLEASE TAKE FURTHER NOTICE that counsel for defendant Danbury Hospital is hereby commanded, pursuant to Fed. R. Civ. P. 34, to produce at and bring to this deposition the following records, documents, items and materials:

The complete original or certified copy of the Danbury Hospital records pertaining to the admission of plaintiff's decedent, Michael Guigliano, during the dates of February 7, 2001 ­ April 17, 2001; the handwritten note of Vanessa

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 33 of 35

Page 3

Saipher pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; the February 17, 2001, "Code 99 Flowsheet" for Michael Guigliano; the "Code 99 Log" for February 2001; the transporter report/log of Lorissa Howard for February 17, 2001; the patient transportation log for February 17, 2001; correspondence sent from hospital administration to the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001; and correspondence received by hospital administration from the Connecticut Department of Public Health pertaining to the decedent's cardiopulmonary arrest on February 17, 2001.

This deposition will continue day after day until completion. Counsel for the parties are invited to be present and to cross-examine on behalf of your client. Dated: Larchmont, New York January 18, 2006 Yours, etc.,

Joseph Lanni _____________________________________
Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:13:39 -05'00'

JOSEPH LANNI (CT 23566) The Law Firm Of JOSEPH LANNI, P.C. Attorneys for Plaintiff LAURA GUIGLIANO 138 Chatsworth Avenue, Suites 6-8 Larchmont, New York 10538 (914) 834-6600 Fax: (914) 834-0152

TO: NEUBERT, PEPE & MONTIETH, P.C. Attorneys for Defendants DANBURY HOSPITAL, 195 Church Street New Haven, CT 06510

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

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Page 4

RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendant BORRUSO & DANBURY SURG. ASSOC. 80 Fourth Street Stamford, CT 06905 HALLORAN & SAGE, L.L.P. Attorneys For Defendant CATANIA One Goodwin Square 225 Asylum Street Hartford, CT 06103 SCOTT F. MORGAN, ESQ. WEINER, MILLO & MORGAN, LLC Co-Counsel for Plaintiff LAURA GUIGLIANO 220 Fifth Avenue, 7th Floor New York, New York 10001 RENDE, RYAN & DOWNES, LLP Attorneys for Apportionment Defendant / Third Party Defendant FRANK KESSLER, M.D. 202 Mamaroneck Avenue White Plains, New York 10601

Case 3:02-cv-00718-RNC

Document 223-3

Filed 04/03/2006

Page 35 of 35

DECLARATION OF SERVICE PURSUANT TO 28 U.S.C. § 1746 I, JOSEPH LANNI, an attorney duly admitted to practice before this Court, hereby certify, under the penalty of perjury, that the following is true and correct: I am over 18 years of age, I am not a party to the action, and I reside in Westchester County in the State of New York. I served a true copy of the annexed: Fed. R. Civ. P. 26(b)(4)(A) Notice to Take Deposition, dated January 18, 2006, on the date of: January 18, 2006, by mailing the same via first class mail or the equivalent in a sealed envelope deposited in a post office or receptacle for mail provided by the U. S. Postal Service or via an express delivery courier service to the offices of counsel for the defendants located at the address indicated below:
TO: NEUBERT, PEPE & MONTEITH Attorneys for Defendants DANBURY HOSPITAL 195 Church Street New Haven, CT 23067 Tel.: (203) 821-2000 RYAN, RYAN, JOHNSON & DELUCA, LLP Attorneys for Defendants BORRUSSO & DANBURY SURG. ASSOC., P.C. 80 Fourth Street Stamford, CT 06905 Tel.: (203) 357-9200 HALLORAN & SAGE, LLP Attorneys for Defendants CATANIA One Goodwin Square Hartford, CT 06103 Tel.: (860) 522-6103 SCOTT F. MORGAN (CT 23648) WEINER, MILLO & MORGAN, LLP Co-Counsel for Plaintiffs 220 Fifth Avenue New York, New York 10001 Tel.: (212) 213-1220 RENDE, RYAN & DOWNES Attorneys for Appt Dft/Third Party Dft. KESSLER 202 Mamaroneck Ave. White Plains, New York 10601 Tel.: (914) 681-0444

Executed on January 18, 2006, Larchmont, New York.

Joseph Lanni

______________________________ JOSEPH LANNI (CT 23566)

Digitally signed by Joseph Lanni DN: cn=Joseph Lanni, c=US, [email protected] Date: 2006.03.28 16:14:15 -05'00'