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DISTRICT COURT CITY AND COUNTY OF DENVER, COLORADO -o0o-
FRED J. JOSEPH, Securities Commissioner for the State of Colorado, Plaintiff,VS.
Case No. 2007 CV 5218 Division No. 5
LIFE PARTNERS, INC., a Texas corporation, LIFE PARTNERS HOLDINGS, INC., a Texas corporation, SCOTT PEDEN, SCOTT BEEMER, ERIC COX, LOWRY LYNNE DAVIS, GARY HANSON, TIM HARPER, KENNETH KELLER, MIKE LOWE, LARRY MICKELSON, JOHN ROTH, RALPH SIEBERT, and BRIAN PARDO, Defendants.
Pages 1 to 57, inclusive.
DEPOSITION OF DONALD CASSIDY, M.D. Friday, November 21, 2008 Reno, Nevada
CHRISTINA HERBERT CCR #641 (Nevada) CSR #11883 (California)
Page 2 APPEARANCES2 3 4 5 6 7
Page 4 I2
BE IT REMEMBERED that on Friday, November 21, 2008,
FOR PLAINTIFF: OFFICE OF THE ATTORNEY GENERAL, STATE OF COLORADO BY: CHRISTINE STRETESKY, FIRST ASST. A.G. RUSSELL B, KLEIN, ASST, AO, ONE 1525 Sherman Street, 7th Floor Denver, CO 80203 303.866.5278
commencing at 1:14p.m. of said day, at MOLEZZO REPORTERS. 3 9460 Double R Boulevard, Suite 103, Reno, Nevada, before me, CHRISTINA M. HERBERT.. a Certified Shorthand Reporter, 5 personally appeared DONALD CASSIDY, M.D.6
FOR DEFENDANT LIFE PARTNERS, INC., ET AL: 9 ROBINSON, WATERS & ODORISIO, P.C. BY: OTTO K. HILBERT, II, ATTORNEY AT LAW 10 1099 18th Street, 26th Floor Denver, CO 80202-1926 11 303.297.260012
MS. STRETESKY: Good afternoon. MR. MURPHY: May I interject just a moment, please? MS, STRETESKY: Sure.
10 MR. MURPHY: I'm Marvin Murphy, and I'm personal 11 counsel for Dr. Cassidy. I'd like to object on the record 12 for the production of certain documents requested under items 13 four, six and seven of the request attached to the subpoena 1 4 duces tecum. The basis for the objection is privileged 15 information, medical records pursuant to Nevada statutes, NRS 49, specifically and also under HIPAA. So Dr. Cassidy will not be producing any of the 1 8 documents requested under four, six or seven of the request 19 and specifically with regard to the individuals identified on16 17
FOR DEFENDANTS BEEMER, COX, DAVIS, HANSON, LOWE, SIEBERT:13 14 15 16 17 18 19 20 21 22 23 24
THE TENENBAUM LAW FIRM (VIA TELEPHONE) BY: THOMAS TENENBAUM, ATTORNEY AT LAW Suite 600, 10475 Park Meadows Drive Lone Tree, CO 80124 303.804.3800 FOR THE WITNESS: LAW OFFICE OF MARVIN W. MURPHY BY: MARVIN W. MURPHY, ATTORNEY AT LAW Sierra Lakeside Professional Offices 3748 Lakeside Drive, 4102 Reno, NV 89509 775.348.501)0-00-
Appendix I, pages one through five. MR. TENENBAUM: Before you do that, reporter, can 2 2 you put appearances on the record, if you haven't already20 21 23 24 25 done so.
THE REPORTER: Yes. MS. STRETESKY: This is Christine Stretesky, firstPage 5
12 3 4
INDEX Deposition of DONALD CASSIDY, M.D. EXAMINATION BY Ms. Stretesky 5 EXHIBITS EXH. NO. I 2 3 4 DESCRIPTION Medical Consulting Agreement Confidential Case History,411811* Confidential Case History, Confidential Case History, -o00PAGE 22 37 43 45 PAGE
1 assistant attorney general representing plaintiff, Fred 2 Joseph, securities commissioner of Colorado.
5 6 78 9
8 9 1011 121 3 14 15
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
16 1718 19
MR. KLEIN: Russell Klein, assistant attorney general on behalf of the commissioner. MR. HILBERT: Otto Hilbert. You all know me. MR. MURPHY: Marvin Murphy, personal counsel to Dr. Don Cassidy. THE WITNESS: Don Cassidy. MR TENENBAUM: Tom Tenenbaum. MR. HILBERT: Dr. Cassidy's here too, Tom. MR. TENENBAUM: Great. MR. HILBERT: Is there anything else we can do for you, Tom? MR. TENENBAUM: I'm glad I was able to catch up with you guys. How's the weather? MR. HILBERT: 70 degrees in here. MR. TENENBAUM: Beautiful.-000-
DONALD CASSIDY, M.D., 20 called as a witness in the matter herein, 21 who, having been first duly sworn, was examined 22 and testified as follows: 23 EXAMINATION 24 BY MS. STRETESKY: 25 Q Good afternoon, Dr. Cassidy. I'm Christine
2 (Pages 2 to 5)
Page 6 1 Stretesky and I'm the first assistant attorney general with 2 the State of Colorado, and I represent Fred Joseph in the 3 matter of Fred Joseph versus Life Partners Inc., Et al. 4 You've come -- appeared here today under subpoena 5 and you're represented by counsel who has taken notice of the 6 requests for production that were attached to the subpoena 7 and has stated an objection to producing items that were 8 requested under numbers four, six and seven. And if I 9 understand correctly, the basis of that is that these are 10 medical records. 11 MS. STRETESKY: And if you could clarify, counsel, 12 is it your contention that these are medical records in the 13 possession of Dr. Cassidy as he is the physician for the 14 people listed? 15 MR. MURPHY: He need not be the physician for the 16 people. He has been requested to evaluate the medical 17 records of each one of those patients, urn, and the privilege 18 extends to those patients and may be asserted by Dr. Cassidy, 19 That includes any hard copies or electronic form. 20 MS. STRETESKY: Okay. 2 1BY MS. STRETESKY: 22 Q Dr. Cassidy, I don't know if you have a copy of the 2 3 request in front of you, but let's just go through. 24 Have you brought with you today all communications 2 5 between you and Life Partners, urn, the Life PartnersPage
Page 1 Mr. Bath's law firm from May 1 2007, to present. 2 Have you brought anything responsive to that 3 request? 4 A There hasn't been any communications. 5 Q Request number three asks that you produce all 6 communications between you and all the defendants from May 7 1st, 2007, to the present. 8 Have you brought anything responsive to request 9 number three? 10 A Only the contract. 11 MR. MURPHY: And, again, I guess I should 12 interject. To the extent that it could be interpreted 13 paragraph three -- or that the request number three could 14 include any medical records, the same objection applies. The 15 requests are quite broad in that regard. 16 BY M.S. STRETESKY: 17 Q Are you prepared to state that you have had no 18 communications with anybody from either Life Partners 19 Holdings, Inc. or Life Partners, Inc. since May 1, 2007? 20 A There are phone calls but there's no way to bring 21 those. 22 Q Okay. You didn't make notes during those phone 23 calls? 24 A No. 25 Q Request Number five asks you to produce all Page contracts between you and the Life Partners defendants.2 Is what you've already provided us the only 3 contract before -- between you and any of the Life Partners 4 defendants? 5 A It is. 6 Q Are there any addendums that you did not bring 7 today? 8 A No. 9 Q I guess before we begin with the deposition, have 10 you ever been deposed? 11 A Yes, I have. 12 Q Okay. Under what circumstances? 13 A Divorce. 14 Q I'm just gonna go over some ground rules for you. 1 5 This is being transcribed by a court reporter. She's not 16 going to be able to accurately reflect your answer if you 17 answer with a nod of your head or an "uh-huh" or "uh-uh." If 18 you could please answer with an actual word and as clearly as 19 you possibly can. 20 22 23 24 25
1 defendants from January 1, 2004, to the present? 2 MR. MURPHY: Let me clarify one thing: To the 3 extent that that could be interpreted to mean any 4 communication regarding the patients identified on Appendix 5 1.1 believe, and that information includes any medical 6 history or diagnosis or evaluation, then the same objection 7 that we made would apply to number one. 8 BY MS. STRETESKY: 9 Q Have you brought any responsive documents to number 10 one? 11 A I have a contract that I signed outlining my 12 responsibilities. 13 Q Okay. Can 1 please see that contract. 4 A (Witness complies.) 15 MR. KLEIN: Just to clarify, is this copy for us or 16 is this your only copy? 1 don't want to mark it up if it's 17 gonna go back to I can't remember if we have another copy 18 or not. 19 MR. MURPHY: We can ask the court repotter to have 20 a copy made. 21 MS. STRETESKY: Yes. 22 BY MS. STRETESKY: 23 Q Number two asks that you produce all communications 24 between you and any of the defendants' law firms which would 25 include Mr. Hilbert's law firm, Mr. Tenenbaum's law firm and
I'm not out to see how long you can sit in that chair so, if you do need a break, please let me know and I'd be happy to accommodate that break. But understand that I will not allow a break while a question is pending and I would ask that you answer the question that's on the table and then we can go ahead and break.
3 (Pages 6 to 9)
Page 10 Do you understand? A I do. Q Are you under any medications that would alter your 3 4 ability to answer truthfully today? 5 A I am not. 6 Q Could you describe your educational background? 7 A I attended medical school at the University of 8 Texas Medical Branch in Galveston. I did a straight internal 9 medicine internship at the University of Texas Health Science 10 Center at Houston. I then did an internal medicine residency 11 at the same institution. And then I did a fellowship in 12 medical oncology at M.D. Anderson Hospital and Tumor 13 Institute, also in Houston. 14 Q When did you go through your, um when were you 1 5 at University of Texas, Galveston? 16 A Graduated 1974. 7 Q And when did you do your fellowship in oncology? 18 A 1976 through 1978. 19 Q Where are you licensed to practice medicine? 20 A Texas, Nevada and California, 21 Q When did you get your license to practice in Texas? 22 A 1974. 23 Q Is it currently active? 24 A Yes, it is. 25 Q How about Nevada?2
23 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q Sure. A There is an open complaint that has not been heard and