Posted by unkown from IP 88.85.225.226 on October 31, 2007 at 09:02:24:
this was published in a residency forum website .
Morehouse School Of Medicine , a few of its employees and legal councilor contacted the Homeland security(even according to their court report ) in an effort to arrest ,deport him and finish his lawsuit
According to my friend Homeland security officers were far more educated and polite than Morehouse and its stuff.
Just read what Morehouse lawyers file din the court.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
KHALDOUN KHATTAB,
Plaintiff,
v.
MOREHOUSE SCHOOL OF MEDICINE,
Defendant.
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CIVIL ACTION FILE
NO. 1:07-CV-196-RWS
MOREHOUSE SCHOOL OF MEDICINE'S RESPONSE TO PLAINTIFF'S MOTION TO COMPEL DEPOSITION TESTIMONY [DOCKET ENTRY 200], EMERGENCY MOTION TO A U.S. DISTRICT JUDGE TO COMPEL DEPOSITION TESTIMONY [DOCKET ENTRY 201], PLAINTIFF'S MOTION TO COMPEL DEPOSITION TESTIMONY OF C. OBIALO [DOCKET ENTRY 203], MOTION TO COMPEL DEPOSITION TESTIMONY OF THERESA ROHR-KIRCHGRABER [DOCKET ENTRY 209]
COMES NOW Defendant Morehouse School of Medicine ("MSM") and files its collective response to Plaintiff Khaldoun Khattab's ("Khattab") motions to compel deposition testimony [Docket Entries 200, 201, 203 and 209], showing the Court as follows:
I. Brief Statement of Facts
On May 29, 2007, Khattab began deposing MSM's Medical Residency Program Director, Dr. Myra E. Rose. The deposition took place at the Richard B. Russell Federal Building in Atlanta, Georgia. During a break in the deposition of Dr. Rose, agents from the Department of Homeland Security arrested Khattab
who had been living in the country illegally for the past two years.
Prior to his detention and deportation, Khattab requested the depositions of more than ten (10) MSM current and former employees.1 By agreement of the parties eleven2 of these depositions were scheduled to take place between May 29 through May 31, 2007, at the Richard B. Russell Federal Building.
Since this time Khattab has been detained and deported. At no time did MSM refuse to reschedule the depositions and MSM's counsel has received only one e-mail communication from Khattab since his release and return to Syria. As set forth below, there is no basis for compelling MSM to do something it has not refused to do. Further, Khattab has not properly noticed or subpoenaed the various individuals and therefore, MSM has been denied the opportunity to consider and file any necessary protective orders.
Currently, there are numerous pending motions filed by Khattab to stay the case and to compel discovery. Before
1 In addition to Dr. Rose, the other deponents included: Dr. Eric Flenaugh, Dr. James Reed, Dr. Martha Elks, Dr. Abraham Oyewo, Dr. Samual Aguayo, Marilyn Pruitt, Dr. Chinedu Ivonye, Dr. Kenny Frontin, Dr. Eric Mabo and Dr. Bousader Armstrong.
2 Although the Federal Rules and the court's scheduling order limit the number of deponents a party may take to 10, MSM agreed to allow Khattab to depose the 11 individuals he identified at the April 2007 court hearing.
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proceeding with this case, MSM requests clarification from the court on the status of the case in light of the June 12, 2007, administrative closure.
II. Argument & Citation of Authority
Plaintiff's Motion to Compel Deposition Testimony [Docket Entry 200]
In order to succeed on a motion to compel, it is necessary for the opposing party to have actually refused to conduct certain discovery. Notwithstanding the fact that MSM has not refused to reschedule depositions, Khattab has prematurely moved the court to continue the depositions that were not completed on May 29, 2007. To the extent Khattab chooses to proceed with the depositions, he should follow the normal procedures for scheduling depositions. Thus, Khattab's motion should be denied.
Emergency Motion to a U.S. District to Compel Deposition Testimony [Docket Entry 201], Plaintiff's Motion to Compel Deposition Testimony of C. Obialo [Docket Entry 203], Motion to Compel Deposition Testimony of Theresa Rohr-Kirchbrager [Docket Entry 209]
Khattab also makes motions to compel deposition testimony by moving the court to issue subpoenas to various individuals. Here, Khattab has failed to follow the proper procedures for noticing and/or subpoenaing depositions. Such procedures are
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required to give reasonable notice and to allow MSM to file motions for protective order should facts warrant. In this case, he has also added additional deponents to the list previously provided to MSM, which further exceeds the number of depositions permitted without leave. Fed. R. Civ. P. 30(a)(2). To the extent Khattab wants to proceed with the depositions of the individuals listed in his motions, and follows the proper procedures, MSM may file motions for protective orders.
Conclusion
Accordingly, Khattab's motions to compel deposition testimony should be denied.
This 13th day of August, 2007.
HOLLAND & KNIGHT LLP
/s/ Vernon M. Strickland
Sara L. Doyle
Georgia Bar No. 228496
Vernon M. Strickland
Georgia Bar No. 345346
vernon.strickland@hklaw.com
1201 West Peachtree Street
Suite 2000
Atlanta, Georgia 30309
Telephone: (404) 817-8500
Facsimile: (404) 881-0470
Attorneys for Defendant
Morehouse School of Medicine
# 4728167_v1
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FONT CERTIFICATION
Pursuant to Local Rule 7.1D, the undersigned counsel hereby certifies that this Response has been prepared with Courier New 12 point font.
HOLLAND & KNIGHT LLP
/s/ Vernon M. Strickland
Vernon M. Strickland
Georgia Bar No. 345346
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CERTIFICATE OF SERVICE
I hereby certify that on August 13, 2007, I electronically filed this Morehouse School of Medicine's Response to Plaintiff Khaldoun Khattab's ("Khattab") Motion to Compel Deposition Testimony [Docket Entry 200], Emergency Motion to a U.S. District Judge to Compel Deposition Testimony [Docket Entry 201], Plaintiff's Motion to Compel Deposition Testimony of C. Obialo [Docket Entry 203], and Motion to Compel Deposition Testimony of Theresa Rohr-Kirchgraber [Docket Entry 209] with the Clerk of Court using the CM/ECF system.
I hereby certify that I have mailed by United States Postal Service this document to the following non-CM/ECF participant:
Khaldoun Khattab, pro se
Atlanta City Detention Center – Immigration Custody
254 Peachtree Street, S.W.
Atlanta, Georgia 30303
/s/ Vernon M. Strickland
Vernon M. Strickland
Georgia Bar No. 345346
vernon.strickland@hklaw.com
HOLLAND & KNIGHT LLP
1201 West Peachtree Street
Suite 2000
Atlanta, Georgia 30309
Telephone: (404) 817-8500
Facsimile: (404) 881-0470
Attorney for Defendant
Morehouse School of Medicine
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kha
Joined: Apr 20, 2007
Posts: 54
Posted: Wed Oct 10, 2007 1:03 pm Post subject: Morehouse Contact with USCIS - Homeland security.
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Sorry, its Homeland security, every one can understand that this is simply a typing mistake.
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kha
Joined: Apr 20, 2007
Posts: 54
Posted: Wed Oct 24, 2007 3:25 am Post subject: khattab V Morehouse
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Maybe only in the US someone you can criticized the people and or even insult them ,or claim that 99% of them are idiots and avoid being sued in civil cases ,if he or she has lawyers who are ready to do any job for money ,.what do people think about this?