Tom's notes on what to change or add in Third Amended Complaint


WHAT TO CHANGE


change #10:  remove "cutting down a tree".  Add "trimming long branches of a pine tree".

change #30:  ??

change #35:  remove "In May, 2011".  Add "In December, 2011"

change #45:  Remove "On or around December 2013 or January 2014, Mast met with Dulberg and again
advised them".  Add "On November 20, 2013, Dulberg called for a meeting with Mast and asked him to "provide case law which shows McGuires are not liable for Dulberg's injury" (quote the exact email).

change #46:  Remove "During that same time frame, Mast advised Dulberg".  Add:  "At the meeting Mast told Dulberg"

add the next line after #46:  "Mast told Dulberg that the case Tilschner v Spangler showed that the McGuires owe no duty to Dulberg for Dulberg's injury in Illinois."

After that add this line:  "Mast gave Dulberg a packet of case law that showed why the McGuires owed no duty to Dulberg but Mast used only the Tilschner v Spangler case at the meeting on November 20, 2013."  

change #56: suggests dulberg did it willingly.  ???

Change #58  Remove "recovery".  Add "recover".


 



WHAT TO ADD AND WHERE TO ADD IT


ADD the following 12 sentences after #41 and before #42:


The 222b affidavit filed with original complaint in May, 2012 was for less than $50,000.

Mast and/or Popovich never asked the judge to approve a change to over $50,000 while they represented Dulberg even though Dulbreg's medical bills alone came to exceed $60,000.

The 222b affidavit was signed by Mast and never shown or explained to Dulberg.


Dulberg gave all his original pharmacy receipts to Mast in December, 2011, at their first meeting.  The receipts included information on the time Dulberg purchased perscriptions.

In November, 2012, Mast intentionally concealed the pharmacy timestamp from Dulberg.   Mast told Dulberg the pharmacy receipt Dulberg gave him earlier didn't record the time of the purchase, just the date, so he couldn't prove when his perscription was purchased.

Dulberg said he remembered a timestamp on the receipts.  Dulberg contacted the Walgreens pharmacy where the prescriptions were filled for the
time of day the prescriptions were filled. 

The Custodian of records for Walgreens informed Dulberg that the audit of the local store they performed won't have
that information and that the only time a timestamp is handed to a customer is the prescription drop off
receipt the local store gives someone when they first drop off a prescription to be filled.

On March 18, 2013 Mast sent all defendants attorneys, Barch and Accardo, copies of the pharmacy
receipts without the timestamps 2 days prior to deposing Caroline and William McGuire.


Mast and/or Popovich secretly sent an offer to settle the case with the McGuires on behalf of Dulberg for $7,500 on October 22, 2013, without Dulberg's knowledge or permission.




ADD the following 3 sentences after #55 and before #56: 


Popovich and/or Mast intentionally hid pharmacy timestamps from Dulberg's future attorney Brad Bulke and from Dulberg's future attorneys the Baudin Law Group. 

Popovich and/or Mast intentionally hid the document with the $7,500 offer to settle with the McGuires on behalf of Dulberg from Dulberg's future attorney Brad Bulke and Dulberg's future attorneys the Baudin Law Group.

Mast claimed to have an audio recording of a phone interview he had with Gagnon but never released it to Dulberg when Dulberg requested it or to any of Dulberg's future attorneys.




ADD after #76, section e:  Failed to accurately cite case law in claiming that because restatement of torts 318 is not applicable in Illinois, the McGuires owed no duty to Dulberg for his injury.





Other important points that remain to ba added:


Mast and/or Popovich didn't keep an accurate case file on Dulberg.

Fake deposition look-alikes  ?????

Mast never received Gagnon's answers to interrogatory questions sent to Gagnon.

Mast never informed the court that Dulberg declared bankruptcy. (not accurate, I believe Meyer mentioned it in a transcript)

forged saul ferris letter

forged settlement letter