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STATE OFFICE OF ADMINISTRATIVE HEARINGS

AUSTIN OFFICE

300 West 15th Street

Suite 502

Austin, Texas 78701

Phone: (512) 475-4993
Faxi (512) 322-2061

DATE

09/02/20 15

NUMBER OF PAGES INCLUDING THIS COVER SHEET:
Q
REGARDING
ORDER NO. 27 SUMMARIZING AUGUST 26. 2015 PREHEARING CONFERENCE AND
MODIFYING THE DATES FOR THE I-HEARING ON THE MERITS
-

DOCKET NUMBER
FAX TO:

JUDGE CATHY C EGAN
FAX TO:

DAN COGDELL

(713) 426-2255

LEE BUKSTEIN (TEXAS MEDICAL BOARD)
xc:

503-14-1342.MD

(512) 305-7007

Docket Clerk, State Oflice of Administrative Hearings

ROBIN ETHERIDGE HEARINGS COORDINATOR, TSBME, Fax N0. 512-305-7007
NOTE: IF ALL PAGES ARE NOT RECEIVED, PLEASE CONTACT DEBRA ANDERSON(dan) (S12) 475-4993
The information contained in this facsimile message is privileged and confidential information intended only for the use of the
above-named rec1pient(s) or the individual or agent responsible to deliver it to the intended recipient You are hereby notified that
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error, please immediately notify us by telephone, and return the original message to us at the address via the U S Postal Service
Thank you.

SOAH DOCKET NO. 503-14-1342.MD
TEXAS MEDICAL BOARD,

BEFORE THE STATE OFFICE

Petitioner

STANISLAW R. BURZYNSKI, M.D.,

ADMINISTRATIVE HEARINGS

Respondent

ORDER NO. 27
SUMMARIZING AUGUST 26, 2015 PREHEARIN G CONFERENCE AND MODIFYING
THE DATES FOR THE HEARING ON THE MERITS
On

August 26, 2015, the Administrative

Law

Judges (ALJs) convened a prehearing

conference to address the motion to withdraw as the attorney for Stanislaw R. Burzynski, M.D.

(Respondent) filed by Richard

Jaffe.

Staff attorney

Lee Bukstein and Dan Cogdell, the attorney

requesting permission to substitute in as Respondent’s attorney, appeared at the prehearing

conference in person, and Mr. Jaffe appeared by telephone. During the prehearing conference,

Mr. Jaffe represented that under Rule 1.15 of Texas Disciplinary Rules of Professional Conduct
he must withdraw as Respondent’s counsel, and requested an

AL]

in

camera hearing before another

ALJ Suzanne Marshall conducted

to address this issue.

the in

camera hearing and

determined that pursuant to Rule 1.15 of the Texas Disciplinary Rules of Professional Conduct,

Mr. Jaffe was required to withdraw as Respondent’s counsel.
granting Mr. Jaffe‘s request to withdraw the

Afier Mr.

Jaffe

AL] Marshall

same day.‘

withdrew as Respondent’s attorney, the ALJs granted Mr. Cogdell’s

request to represent Respondent in this case. Mr. Cogdell informed the
that he

would be unable

because that day he was

to proceed with the hearing
set to

begin a 10-day

trial in

to continue this hearing until 2016. Mr. Bukstein

Mr. Bukstein emphasized that

had arranged to be

at the

federal coui1. Mr. Cogdell asked the

Order Nu. 26.

ALJs

opposed the request noting that the AL] s had

Staff” s witnesses,

when they

both expert

granted the last

a.nd fact witnesses,

hearing and continuing the hearing would pose a hardship on

witnesses, particularly the cancer patients previously treated
1

ALJs and Mr. Bukstein

on the merits afler November 30, 2015,

advised the parties that they would not gant another continuance
continuance.

issued the order

by Respondent.

its

Mr. Bukstein

ORDER NO. 27

SOAH DOCKET NO. 50344-134Z.MD

proposed that the hearing convene as scheduled for November

November

25, 2015, for Staff to present

its

reconvene shortly afler Mr. Cogdell’s federal

19, 2015,

direct case with the
trial

ended,

the first available dates to reconvene the remaining

PAGE Z
and proceed through

remainder of the hearing to

December

ll, 2015.

Afier confening,

two weeks of the hearing on the merits was

Januaiy 19-29, 2016.
It is

therefore

ORDERED

November 19, 2015, at the
Street,

that the hearing

on the merits will convene 9:00 a.m. on

State Office of Administrative Hearings (SOAI-I),

Fourth Floor, Austin, Texas, and

recessing until January 19, 2016,

will continue

300 West 15th

through November 25, 2015, before

when it will reconvene

at 9:00 a.m.

and continue through

January 29, Z016, if necessary.
Because Mr. Cogdell
parties to confer about the

is

now

Respondent’s attomey of record, the ALJs directed the

pending motions and objections,

a.nd to resolve those that are not

genuinely disputed. The parties agreed that by September 11, 2015, they would file a

remaining motions and issues that require rulings from the

list

of the

ALJ s.

SIGNED September 2, Z015.
Fiytfi

-r*~vu/Lea‘,

ii

.t

CATHERINE C. EGAN
ADMINISTRATIVE LA JUDGE
STATE OFFICE OF ADMINISTRATIVE HEARINGS

Q
! g
ADMINISTRATIVE LAW JUDGE
E

Roy G_

cU])])Ay

STATE OFFICE OF ADMINISTRATIVE HEARINGS

STATE OFFICE OF ADMINISTRATIVE HEARINGS
AUSTIN OFFICE

300 West 15th Street Suite 502
Austin. Texas 78701
Phone: (S12) 475-4993
Fax: (512) 3221061

SERVICE LIST

AGENCY:

Medical Board, Texas (TSBME)

STYLE/CASE:

STANISLAW R.BURZYNSKI, M.D.

SOAH DOCKET NUMBER:
REFERRING AGENCY CASE:

S03-14-1342.MD

STATE OFFICE OF ADMINISTRATIVE
HEARINGS
REPRESENTATIVE / ADDRESS

ADMINISTRATIVE LAW JUDGE
ALJ CATHY C. EGAN
PARTIES

LEE BUKSTEIN
STAFF ATTORNEY
TEXAS MEDICAL BOARD
333 GUADALUPE, TOWER 3, SUITE 610
AUSTIN, TX 78701
(512) 305-7079 (PH)
(512) 305-7007 (FAX)
lee bukslein@tmb.state.tx us

TEXAS MEDICAL BOARD

DAN COGDELL
THE COGDELL LAW FIRM, PLLC
402

MAIN STREET, 4TH FLOOR

HOUSTON, TX 77002
(713) 4262244 (PH)
(713) 426-2255 (FAX)

xc:

Docket Clerk, State Office of Administrative Hearings

ROBIN ETI-IERIDGE HEARINGS COORDINATOR, TSBME, Fax No.

STANISLAW R. BURZYNSKI, M D

Sl2—305—7007

Page

1

ofl

Debra Anderson
From:

XMediusFAX@soah.state.tx.us

Wednesday, September 02, 2015 10:36 AM
Debra Anderson
Broadcast Completed: 503—l4—l342.MD ORDER NO 27
DD90F2EC-39F3-43C4-B368-46CD714462ED-7086BR.pdf

Sent:

Tu:
Subject:

Attachments:

Time Submitted
Time Completed

Wednesday, September 2, 2015 10:32:57
Wednesday, September Z, Z015 10:36:07

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