Lisa Zenzen Baker, 1961-2003


Friday, February 22, 2008

Conference scheduled

Judge sets hearing on defense delay reques

All parties in Lisa's lawsuit have been instructed to go before the judge next month for discussion on the request by the defendants to extend the deadline for responding to my motion for summary judgment from this Monday to March 25.

Saratoga County Supreme Court Judge Stephen A. Ferradino has set the conference for March 6 at the courthouse in Ballston Spa..


Thursday, February 21, 2008

Justice delayed?

Second attorney wants delay

By David Baker
Posted Thursday, February 21, 2008

An attorney for Samaritan Hospital has now joined in a request for an extension of the time in which to respond to my motion for summary judgment.

The return date in my motion was this Monday, Feb. 25, giving them two weeks. Both attorneys want that extended by 30 days.

Doing everything possible to put off a resolution of a lawsuit is standard procedure for defense attorneys, particularly when they know they have a weak case.

One of Samaritan's lawyers has written to the judge, saying she too wants an additional four weeks to file an answer. She gives no reason for wanting more time to respond. And she too made no attempt to first try to get an adjournment by agreement with me.

I have written to the court, opposing this latest delaying tactic, which comes from the same lawyers who for four months repeatedly said they were prepared to discuss a possible settlement but kept coming up with excuses - even to the judge - instead of starting a negotiation.



Wednesday, February 20, 2008

Lawyer avoids plaintiff

Legal papers prompt an
“I won’t talk to him” response

By David Baker
Posted Wednesday, February 20, 2008

An attorney representing a doctor named in the lawsuit over Lisa’s death has told a judge he wants the proceeding delayed but that he doesn't want to talk to me about it..

In a letter to the court dated Feb. 15, Peter M. Scolameiro writes: “I would have contacted Mr. Baker directly but as he is pro se (self-represented) I wish to seek Court involvement.”

Scolamiero says he needs a lot more time to respond to the motion.

The legal document served on February 11 asks the court to rule that the defendants in the case are responsible for Lisa’s injuries and death.

Scolamiero represents the estate of Murat Acemoglu, M.D. Dr. Acemuglo was Lisa’s attending physician while she was in Samaritan Hospital in 2003

Scolamiero, with the Albany law firm Burke, Scolameiro, Mortati & Hurd, says he wants the time he has to file a response extended from two weeks to five weeks. This, he says, is so he can obtain an expert to oppose the motion.

The case started almost three years ago, in March 2005.

Meanwhile, the lawyers representing Samaritan Hospital and its nurses have apparently missed the deadline by which they are required to provide me their answer to the motion. Their response is required to be served on me at least seven days before the return date of the motion, which is Monday, February 25.

As of today, no formal response or any other communication has been received from them.