BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS ) ) ) ) ) ) ) ) ) ) ) ) ) Professional Medical Transport, Inc., dba PMT Ambulance ( PMT ), R/M Arizona

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Noel Jennings
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1 Philip R. Wooten (0000 PHILIP R. WOOTEN, P.C. 1 East Equestrian Trail Phoenix, Arizona 0-0 (0-0 (0-1 (Fax philip.wooten@azbar.org Attorney for PMT Ambulance, American Ambulance, Comtrans Ambulance Service, & Canyon State Ambulance BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS In the Matter of: ABC Ambulance Applicant. Case No.: 01A-EMS-01-DHS (EMS No. PMT, CANYON STATE, AMERICAN, AND COMTRANS AMBULANCES SECOND REQUEST FOR SUBPOENAS DUCES TECUM (Assigned to the Hon. Thomas Shedden 0 1 Professional Medical Transport, Inc., dba PMT Ambulance ( PMT, R/M Arizona Holdings, Inc., dba Canyon State Ambulance, dba Payson Medical Transport, dba Lifestar EMS ( Canyon State, Emergency Medical Transport, Inc., d/b/a American Ambulance ( EMTI, and ComTrans Ambulance Service, Inc., d/b/a ComTrans Ambulance Service, d/b/a ProMed Transport, d/b/a American ComTrans Ambulance ( ComTrans 1 (collectively, Intervenors, through undersigned counsel, pursuant to A.A.C. R--, hereby request the issuance of two ( Subpoenas (Duces Tecum ( Intervenors Subpoenas, the forms of which are attached hereto as Exhibit A and incorporated herein by reference. 1 At the end of the first hearing, there was some discussion about the Applicant revising its proposed service area so as not to overlap with the service area described in ComTrans CON, but to date this has not been finalized. Thus, ComTrans is a party to this request. 1//01: PM C:/PMT-ABC Ambulance. pleading request for issuance of subpoenas nd 1

2 The Intervenors Subpoenas seek documents (including electronic records from the Applicant and Crisis Response Network, Inc. ( CRN regarding: 1. Statements made by CRN regarding PMT in two identified paragraphs of a letter dated July 0, 01, from CRN to Mr. Ithan Yanofsky, Deputy Bureau Chief of the Bureau of Emergency Medical Services & Trauma System ( CRN Letter. The CRN Letter was admitted into evidence as ABC Hearing Exhibit (also duplicated as ABC Exhibit.. PMT run reports that CRN provided to ABC as testified to by Neal Thomas (Hearing Transcript, p., lns. 1-0, at any time after January 1, 00.. DVDs and/or CDROMs from PMT that CRN provided to ABC as testified to by Mr. Thomas (Hearing Transcript, p., lns. -, at any time after January 1, 00.. Any other Documents from PMT that CRN provided to ABC, at any time after January 1, Any Documents relied upon by ABC in preparing ABC Hearing Exhibit 1 (which Exhibit was admitted into evidence. The documents sought by Intervenors Subpoenas relate to two Exhibits that were admitted into evidence (over objections. These documents are not available to Intervenors because Intervenors were not privy to what CRN provided to ABC and/or to those undisclosed documents upon which ABC apparently relied in preparing Exhibit 1. Intervenors submit that they have reasonable need of the documents listed in the Intervenors Subpoenas in order effectively to prepare for and participate in the Hearing in this matter. Based upon the foregoing, Intervenors respectfully request that the ALJ issue Intervenors Subpoenas. 1//01: PM C:/PMT-ABC Ambulance. pleading request for issuance of subpoenas nd

3 Dated: December, ORIGINAL of the foregoing e-filed December, 01, with OAH and COPIES to be ed via OAH Portal to: Will Humble, Director ADHS Jan.Escoto@azdhs.gov Bryan F. Murphy, Esq. James M. Stipe, Esq. BURCH & CRACCHIOLO, P.A. Attorneys for ABC bmurphy@bcattorneys.com jstipe@bcattorneys.com Brian Tobin Daisy Mountain Fire District brian.tobin@dmfd.org John Valentine River Medical, Inc. John.Vanentine@emsc.net Jim Roeder PMT Ambulance jroeder@pmtambulance.com Lonnie Guthrie Ajo Ambulance, Inc. lguthrie@tabletoptelephone.com Cheryl A. Smith Life Line Ambulance Service, Inc. CSMITH@LIFELINEAZ.COM PHILIP R. WOOTEN, P.C. By /s/ Philip R. Wooten Philip R. Wooten 1 East Equestrian Trail Phoenix, Arizona 0-0 Attorney for Intervenors Kevin Ray, Esq. Office of the Attorney General Attorney for ADHS kevin.ray@azag.gov Lawrence J. Rosenfeld, Esq. GREENBERG TRAURIG Attorneys for Southwest Ambulance/SWARA rosenfeldl@gtlwaw.com David Birchfield Gila Bend Rescue/Ambulance jcarpenter@gilabendaz.org Steve Holt Tonto Basin Fire District tbfdchief@netscape.net Paul S. Wilson Sun Lakes Fire District pwilson@slfd.org Thomas A. Birch Black Canyon First District chief@bcvfd.org Scott Benbow Buckeye Valley Rural Volunteer Fire District markalexander@cox.net 1//01: PM C:/PMT-ABC Ambulance. pleading request for issuance of subpoenas nd

4 Charlie M. Smith Lifestar, LLC dba Canyon State Ambulance American Ambulance csmith@lifestar.us ginorio@starwest.us Ray Temple City of Phoenix Fire Department ray.c.temple@phoenix.gov Robert Biscoe Sun City West Fire District rbiscoe@scwfire.org Paul L. Roberts, Esq. ROBERTS & CARVER Attorneys for Life Line Ambulance paulroberts@cableone.net Philip R. Wooten, Esq. PHILIP R. WOOTEN, P.C. Attorney for PMT philp.wooten@azbar.org Harry Eth ADHS/BEMS Certificate of Necessity & Rates Section ethh@azhds.gov Roy Ryals Southwest Ambulance et al. rryals@swambulance.com Paul J. McGoldrick, Esq. SHORALL McGOLDRICK BRINKMANN Attorneys for Rural/Metro Corporation paulmcgoldrick@smbattorneys.com Ronna L. Fickbohm, Esq. SLOSSER STRUSE FICKBOHM, et al. rfickbohm@tucsontrusts.com Attorneys for Buckeye Valley Rural Volunteer Fire District 1//01: PM C:/PMT-ABC Ambulance. pleading request for issuance of subpoenas nd

5 EXHIBIT A

6 In the Matter of: ABC Ambulance TO: IN THE OFFICE OF ADMINISTRATIVE HEARINGS Applicant. Custodian of Records Crisis Response Network, Inc. W Washington Ste 01 Tempe AZ 1 1 1//0:00 PM C:/PMT-ABC Ambulance. pleading subpoena crn nd Case No.: 01A-EMS-01-DHS (EMS No. SUBPOENA (Duces Tecum Under the Authority of Arizona Revised Statutes 1-.0C (Assigned to the Hon. Thomas Shedden You are commanded to PRODUCE documents or other tangible items for the above entitled matter, specifically: SEE EXHIBIT A ATTACHED HERETO on or before January 1, :0 a.m., at Glennie Reporting Services, LLC, 0 North th Street, Suite A-0, Phoenix, Arizona 00-. The Office of Administrative Hearings endeavors to ensure the accessibility of its hearings to all persons with disabilities. Should you need special accommodations please contact the Office of Administrative Hearing at (0-- at least three working days prior to the hearing. DATED this day of. 01. Hon. Thomas Shedden Administrative Law Judge AT THE REQUEST OF: Philip R. Wooten, attorney for Intervenors PMT, American Comtrans, American Comtrans, & Canyon State 1 E Equestrian Trl Phoenix AZ 0 TELEPHONE NUMBER: (0-0

7 EXHIBIT A TO SUBPOENA (Duces Tecum The following definitions are applicable to this Subpoena (Duces Tecum: A. ABC means the Applicant, ABC Ambulance, L.L.C., an Arizona limited liability company. B. ADHS means the Arizona Department of Health Services. C. Canyon State means R/M Arizona Holdings, Inc., an Arizona corporation, dba Canyon State Ambulance, dba Payson Medial Transport, dba Lifestar EMS. D. ComTrans means ComTrans Ambulance Service, Inc., an Arizona corporation, dba ComTrans Ambulance Service, dba ProMed Transport, dba American ComTrans Ambulance. E. CRN means Crisis Response Network, Inc., an Arizona corporation. F. CTI means ComTrans, Inc., an Arizona corporation. G. Documents means all information in paper and/or electronic format, including writings, notes, s, text messages, tweets (e.g., Twitter, social media postings (e.g., Facebook, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained translated into reasonably usable form when translation is practicably necessary. H. EMTI means Emergency Medical Transport, Inc., an Arizona corporation, dba American Ambulance I. Intervenors means, collectively, PMT, Canyon State, EMTI, and ComTrans. J. PMT means Professional Medical Transport, Inc., an Arizona corporation, dba PMT Ambulance. 1//0:00 PM C:/PMT-ABC Ambulance. pleading subpoena crn nd

8 K. Proceeding means In the Matter of ABC Ambulance, Case No. 01A-EMS-01-DHS (EMS No.. L. RBHA means Regional Behavioral Health Authority. M. Thomas means L. Neal Thomas, Jr., Manager of ABC. N. CRN Letter means the letter dated July 0, 01, from CRN to Mr. Ithan Yanofsky, Deputy Bureau Chief of the Bureau of Emergency Medical Services & Trauma System, a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. List of Documents to be produced pursuant to Subpoena (Duces Tecum: 1. The records provided by PMT to our agency as stated in the last paragraph of the first page of the CRN Letter.. Any other Documents relied upon by CRN in making the statement identified in the preceding paragraph 1 of this Subpoena.. The sample of data for one month as stated in the first paragraph on the second page of the CRN Letter.. Any other Documents relied upon by CRN in making the statement identified in the preceding paragraph of this Subpoena.. All PMT run reports that CRN provided to ABC at any time after January 1, 00.. All DVDs and/or CDROMs from PMT that CRN provided to ABC at any time after January 1, 00.. Any other Documents from PMT that CRN provided to ABC at any time after January 1, 00. 1//0:00 PM C:/PMT-ABC Ambulance. pleading subpoena crn nd

11 In the Matter of: ABC Ambulance TO: IN THE OFFICE OF ADMINISTRATIVE HEARINGS Applicant. Custodian of Records ABC Ambulance, L.L.C. E Magnolia Phoenix AZ 0 1 1//0:00 PM C:/PMT-ABC Ambulance. pleading subpoena abc nd Case No.: 01A-EMS-01-DHS (EMS No. SUBPOENA (Duces Tecum Under the Authority of Arizona Revised Statutes 1-.0C (Assigned to the Hon. Thomas Shedden You are commanded to PRODUCE documents or other tangible items for the above entitled matter, specifically: SEE EXHIBIT A ATTACHED HERETO on or before January 1, :0 a.m., at Glennie Reporting Services, LLC, 0 North th Street, Suite A-0, Phoenix, Arizona 00-. The Office of Administrative Hearings endeavors to ensure the accessibility of its hearings to all persons with disabilities. Should you need special accommodations please contact the Office of Administrative Hearing at (0-- at least three working days prior to the hearing. DATED this day of. 01. Hon. Thomas Shedden Administrative Law Judge AT THE REQUEST OF: Philip R. Wooten, attorney for Intervenors PMT, American Comtrans, American Comtrans, & Canyon State 1 E Equestrian Trl Phoenix AZ 0 TELEPHONE NUMBER: (0-0

12 EXHIBIT A TO SUBPOENA (Duces Tecum The following definitions are applicable to this Subpoena (Duces Tecum: A. ABC means the Applicant, ABC Ambulance, L.L.C., an Arizona limited liability company. B. ADHS means the Arizona Department of Health Services. C. Canyon State means R/M Arizona Holdings, Inc., an Arizona corporation, dba Canyon State Ambulance, dba Payson Medial Transport, dba Lifestar EMS. D. ComTrans means ComTrans Ambulance Service, Inc., an Arizona corporation, dba ComTrans Ambulance Service, dba ProMed Transport, dba American ComTrans Ambulance. E. CRN means Crisis Response Network, Inc., an Arizona corporation. F. CTI means ComTrans, Inc., an Arizona corporation. G. Documents means all information in paper and/or electronic format, including writings, notes, s, text messages, tweets (e.g., Twitter, social media postings (e.g., Facebook, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained translated into reasonably usable form when translation is practicably necessary. H. EMTI means Emergency Medical Transport, Inc., an Arizona corporation, dba American Ambulance I. Intervenors means, collectively, PMT, Canyon State, EMTI, and ComTrans. J. PMT means Professional Medical Transport, Inc., an Arizona corporation, dba PMT Ambulance. 1//0:00 PM C:/PMT-ABC Ambulance. pleading subpoena abc nd

13 K. Proceeding means In the Matter of ABC Ambulance, Case No. 01A-EMS-01-DHS (EMS No.. L. RBHA means Regional Behavioral Health Authority. M. Thomas means L. Neal Thomas, Jr., Manager of ABC. N. CRN Letter means the letter dated July 0, 01, from CRN to Mr. Ithan Yanofsky, Deputy Bureau Chief of the Bureau of Emergency Medical Services & Trauma System, a copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. O. Exhibit 1 means Exhibit 1 admitted into evidence in the Proceeding, a copy of which is attached hereto as Exhibit and incorporated herein by reference. List of Documents to be produced pursuant to Subpoena (Duces Tecum: 1. The records provided by PMT to our agency as stated in the last paragraph of the first page of the CRN Letter.. Any other Documents relied upon by CRN in making the statement identified in the preceding paragraph 1 of this Subpoena.. The sample of data for one month as stated in the first paragraph on the second page of the CRN Letter.. Any other Documents relied upon by CRN in making the statement identified in the preceding paragraph of this Subpoena.. All PMT run reports that CRN provided to ABC at any time after January 1, 00.. All DVDs and/or CDROMs from PMT that CRN provided to ABC at any time after January 1, 00. 1//0:00 PM C:/PMT-ABC Ambulance. pleading subpoena abc nd

14 . Any other Documents from PMT that CRN provided to ABC at any time after January 1, 00.. Any Documents relied upon by ABC in preparing Exhibit //0:00 PM C:/PMT-ABC Ambulance. pleading subpoena abc nd

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS ) ) ) ) ) ) ) ) ) ) Applicant ABC Ambulance ( ABC ), through counsel undersigned, hereby

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS ) ) ) ) ) ) ) ) ) ) Applicant ABC Ambulance ( ABC ), through counsel undersigned, hereby 1 2 3 4 5 6 7 8 9 BURCH & CRACCHIOLO, P.A. 702 East Osborn Road Phoenix, Arizona 85014 Telephone (602 274-7611 Bryan F. Murphy, SBA #006414 bmurphy@bcattorneys.com James M. Stipe, SBA #014666 jstipe@bcattorneys.com