December 4, 2011 - by e-mail

re: Petrocelli v. Shaw
    Middlesex Superior Court MICA2011-000784
    Your File No: 13892L


Susan Schramm, Esq.
Finnegan, Underwood, Ryan & Tierney
22 Batterymarch Street
Boston MA 02109

Dear Ms. Schramm:

Thank you for your letter of December 1, 2011. You have been
served with a copy of the subpoena duces tecum summoning me
to a deposition on Dec. 19, 2011, 11:00 a.m. at the offices
of Bellotti Law Group, 25 Thorndike Street, Cambridge MA 02141.
Accompanying the subpoena is an invitation "in lieu of appearing
at the deposition" ... "to send ... a complete set of all materials
described in the subpoena", i.e. my medical records. 

In compliance with your request in your letter, I shall not accept
this invitation and I shall NOT "provide said records to Bellotti
Law Group" prior to December 19. On December 19, however, I consider
myself compelled by law to appear for the deposition and to give the
documents demanded to Mr. Petrocelli's attorneys, unless you have
excercised your legal options:
a) to appear at the deposition,
b) to instruct me at the deposition, on the record, not to provide
my medical record to Bellotti Law Group and
c) to require that the deposition be adjourned pending adjudication
by the Court of your claim that the records in issue were improperly
subpoened.

Permit me to add that I have known Mrs. Shaw's family for more than
40 years, when her father became a patient of mine. Mrs. Shaw herself
had been a loyal patient for many, many years. I consider her a friend
of mine and I am prepared to provide you will all proper and lawful
assistance in your defense of her case.

Sincerely yours,
Ernst J. Meyer, M.D.
174 School Street
Belmont MA 02478
617-484-8109
ernstmeyer@earthlink.net