Amend Complaint

Fact:  Add Tom Popovich as he is a defendant.


Fact:  Dulberg's RX receipts were altered and timestamps were removed by the Defendants. 

2013 - The RX receipts Defendants turned over to McGuire attorney Barch just prior to deposing the McGuire's are missing the timestamps. (Dulberg 000000)

2015 - The RX receipts Defendants turned over in the case file on two separate occasions after Mast withdrew as counsel are missing the timestamps. (Dulberg 000000 and Dulberg 000000)

2019 - Defendants again turned over the case file for the document disclosure in the current case and RX receipts now shows the timestamps. (POP 000000)


Fact:  Due to Defendant's alteration and removal of the timestamps from the RX receipts Dulberg was unable to challenge Carolyn McGuire's untruthful testimony.

When coupled with the last recorded time that Dulberg was in the hospital from the Nurses Report, travel time between locations and the timestamps on the RX receipts, these timestamps clearly throws Carolyn McGuire's testimony in her deposition about paying for Dulberg's medication into serious doubt. 
(Nurses Report - Dulberg 000000)(RX Receipt with timestamp - POP 000000)


Fact:  October 22, 2013 communication between McGuire attorney Barch and Defendants shows that Defendants made the initial offer of $7,500.00


Fact: There is no evidence that Defendants consulted with Dulberg prior to communicating the $7,500.00 offer with the McGuires attorney Barch on October 22, 2013.


Fact:  There is no evidence before, on or after October 22, 2013 that Dulberg was ever aware of the $7,500.00 offer Defendants made to McGuire's Attorney Barch.


Fact:  There is no evidence of Defendants consulting with or hiring any liability expert to determine the liability and extent of that liability of either co-defendants, the McGuires or Gagnon.


Fact:  There is no evidence anywhere Defendants ever received a copy of the McGuires or Gagnon's insurance policies.


Fact:  There is no evidence that Defendants ever received declarations of insurance coverage of either the McGuires or Gagnon.


Fact:  Witness, Tom Kost, will testify that in November 2013 Defendants told Dulberg that Gagnon had ample insurance coverage to cover all that Dulberg could possibly recover in the case so there was no reason to keep the McGuires in the case.


Fact:  There is evidence that Defendants told Dulberg that  Gagnon had an insurance policy worth $100,000.00 after Dulberg had settled with the McGuire's.


Fact:  Defendants never received answers from written interrogatories given to Gagnon.


Fact:  Defendants never compelled Gagnon to answer the written interrogatories.


Fact:  Defendants never showed Dulberg any of the depositions prior to making the offer of $7,500.00 to McGuires attorney Barch on October 22, 2013.


Fact:  Defendants first mention of possible settlement with the McGuires to Dulberg was in November 2013 after the $7,500.00 offer Defendants made to McGuire attorney Barch on October 22, 2013.


D. Add intent to harm client 



Below this is not part of facts but rather things that need to be done.

3. Motion to compel defense to produce whole insurance policies rather than just the declarations pages and all of the tom popovich documents, emails, texts, inter office comms, etc...

4. Address 4th affirmative defense - Cleaning up Clinton mess

5. Motion to strike attorney/client privileged questions and answers in Dulberg deposition
 
6. Depose Tom Popovich

7. Motion for final ruling/judgement on statute of limitations for malpractice

8. Hire and receive opinion from expert witness

9. Depose Plaintiff expert witness

10. Depose Defendants expert witness

11. Possibly re-depose Plaintiff's treating Dr's

12. Possibly depose Defendants IME physician and Gagnon IME physician

12. trial