Filing 151

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MASSIE et al v. GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA Doc. 151 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RICHARD MAJHOR, Address: Tafuna Corr. Facility P.O. Box 1011 Pago Pago, Am. Samoa 96799 Petitioner, vs. DIRK KEMPTHORNE, Secretary of the United States Department of Interior; TOGIOLA T. TULAFONO, Governor of American Samoa; FEPULEA`I AFA RIPLEY, JR., Attorney General; MARK R. HALES, Assistant Attorney General; SOTOA M. SAVALI, Director of Department of Public Safety; FUEGA SAITE MOLIGA, Warden of Territorial Correctional Facility; LBJ TROPICAL MEDICAL CENTER, An American Samoa Medical Center Authority; CHARLES WARREN, Chairman of the LBJ Tropical Medical Center; PATRICIA TINDALL, Acting CEO of the LBJ Tropical Medical Center; ANNIE FUAVAI, M.D., Chairperson of the LBJ Tropical Medical Center Off Island Referral Committee; TERRY LOVELACE, General Counsel of LBJ Tropical Medical Center; and JOHN DOES 1-50, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 07-1465 (RBW) SECOND AFFIDAVIT OF ERIC A. SEITZ IN RESPONSE TO ORDER FILED AUGUST 20, 2007; CERTIFICATE OF SERVICE SECOND AFFIDAVIT OF ERIC A. SEITZ IN RESPONSE TO ORDER FILED AUGUST 20, 2007 STATE OF HAWAII CITY AND COUNTY OF HONOLULU ) ) SS. ) ERIC A. SEITZ, being first duly sworn on oath, deposes and says: (1) I am the principal attorney for Petitioner Richard Majhor in the above referenced matter. (2) I have just spoken by telephone with Mr. Majhor in American Samoa where he currently is incarcerated. (3) In our telephone conversation today Mr. Majhor informed me that on Monday evening, August 20, 2007, he was taken by corrections officers to LBJ Tropical Medical Center because of complaints of severe head pains. (4) Upon his arrival at the emergency room I am informed that Mr. Majhor was examined by a physician who then explained that he could not treat Mr. Majhor without authorization from a representative of the hospital administration. (5) I am informed that the physician then contacted the hospital's general counsel, Terry Lovelace, and was instructed by Mr. Lovelace not to provide any treatment to Mr. Majhor. 2 (6) Accordingly I am informed and believe that Mr. Majhor currently is unable to receive any medical care whatsoever in American Samoa. /s/ Eric A. Seitz ERIC A. SEITZ D.C. Bar No. 363830 820 Mililani Street, Suite 714 Honolulu, Hawaii 96813 Telephone: (808) 533-7434 Facsimile: (808) 545-3608 E-mail: Attorney for Petitioner Subscribed and sworn to before me this 21st day of August, 2007. /s/ Juli T. Seitz Notary Public, State of Hawaii My commission expires: Jan. 4, 2008 3

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