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Last week we met [MEET & CONFER] with ABIM counsels as per the order of the Honorable Magistrate Judge in New Jersey so that we could resolve pending discovery issues due to the ABIM not complying with the discovery rules. ABIM has continually failed to comply with its side of discovery, including failure to produce documents and respond to interrogatories.

The plaintiffs allege they are still evaluating and analyzing evidence they have possessed for about nine years, and seem to be more diligent in discovering and utilizing any legal “mumbo-jumbo” to continue to evade their obligation to comply with the rules of discovery.

As I may have informed all of you, Dr. Arora was deposed [ARORA DEPOSITION] and from his declaration ABIM has had all the evidence from day one – December 2009. Thus our thoughts - Why is ABIM unwilling to provide evidence they possess? They are the plaintiffs and they must prove their case. They refuse to provide the evidence stating “it is irrelevant”. How can one defend oneself if the plaintiff becomes judge and jury? ABIM must beware of its glass jaw.

“Don’t throw stones when you live in a glass house”

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