G. Deposition Scheduling During the Aborted Arbitration Proceedings.

     In proceedings parallel to his efforts to complete appointments of the
arbitrators, Mr. Rand began attempts to conduct discovery immediately after
filing his demand for arbitration.
     On June 14, he wrote to Mr. McComas stating his desire to complete Mr.
Engalla's deposition "on the earliest date permitted by law," and his
willingness to schedule it for a mutually convenient time.
     Mr. McComas promptly responded to that request by noticing the
depositions of all the Engallas for November 18, 1991--a date more than five
months down the road and long after Mr. Engalla's expected (and actual) date
of death.
     On June 26, Mr. Rand notified Mr. McComas that his proposed dates were
unacceptable, and suggested that Mr. Engalla's deposition be taken "much
earlier than you have noticed [because his] developing condition may not
permit a full deposition on November 18."
     Mr. Rand again indicated his willingness to find mutually agreeable
dates. He also requested the depositions of involved doctors "in the near
future."

     When Mr. McComas did not respond for almost two weeks, Mr. Rand noticed
Mr. Engalla's deposition for August 9.
     In a letter accompanying that notice, Mr. Rand repeated his request for
deposition of the doctors "this month" (July), proposed an agreement to
designate experts in August, and offered to set dates for the other Engalla
claimants at Mr. McComas's "earliest convenience."
     After the location was changed for medical reasons, Mr. Rand proceeded
with Mr. Engalla's deposition on August 9, over Kaiser's objection that it
had not been given any prior opportunity to conduct a discovery deposition.
     The August 9 deposition of Mr. Engalla, noticed and taken by Mr. Rand,
was to be the only deposition that would be accomplished in the arbitration
phase of this case.

   Mr. Rand's efforts to schedule depositions of the involved doctors and nurses
continued to founder. 
     He initially requested dates for the depositions of the treating
physicians on June 26, and did so again on July 8.
     In his June 26 request, and in each subsequent request, Mr. Rand offered
to schedule the depositions at times--even after hours or on weekends--that
would be convenient for Kaiser.
He finally set them by notice of July 18. 
     On July 24, Mr. McComas's secretary called Mr. Rand to request that they
be taken off calendar.
     Mr. Rand responded that he would cooperate, but only if alternative
dates could be established.
     No alternative dates were ever proposed by Kaiser, and the witnesses did
not attend their scheduled depositions.
               >? Can't he go for Sanctions??
     Mr. McComas failed to respond to three subsequent requests for
depositions, which were made on September 5, 18, and 25.
     On September 24, Mr. McComas simply promised that his secretary would
call to give dates for the health care providers.
     That did not occur until October 2, when Mr. McComas's secretary offered
November 21 and 22 for the depositions of the doctors.
     This was the first time Kaiser had offered to produce the involved
physicians, and the dates were still almost a month after Mr. Engalla's
death.
     Although Mr. Rand ultimately convinced Mr. McComas to provide earlier
dates for some (but not all) of the involved health care providers, the
depositions were not taken because Mr. Engalla died before they could be
completed.

     As he subsequently admitted in a sworn declaration, the reason for the
delays in scheduling depositions was that Mr. McComas "did not obtain all of
the significant advice from [his] principal outside medical experts until
early October, 1991 [and it] was for [that] reason that [he] never suggested
deposition dates ... before the fourth week of October."