Preview
Filing # 116890492 E-Filed 11/18/2020 02:03:59 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
JOE CARL ROGERS and CASE NO.: 19-025692 CA 27
HILDA ROGERS, his wife,
Plaintiffs,
v.
KAISER GYPSUM COMPANY, INC. et. al.,
Defendants.
/
DEFENDANT, KAISER GYPSUM COMPANY, INC.
NOTICE OF INTENT TO SERVE SUBPOENA UNDER
RULE 1.351 FOR PRODUCTION OF DOCUMENTS WITHOUT DEPOSITION
YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service
of this Notice, if service is by delivery, or fifteen (15) days from the date of service, if
service is by mail, and if no objection is received from any party, pursuant to Rule 1.351
of the Florida Rules of Civil Procedure, the undersigned counsel for Defendant, KAISER
GYPSUM COMPANY, INC., will issue or apply to the Clerk of the Court for issuance of
a Subpoena Duces Tecum for Production of Documents Without Deposition directed to
the following:
1. Pathology Custodian: Ackerman Cancer Center
2. Pathology Custodian: Ascension St. Vincent’s Riverside
Page 1
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/18/2020 02:03:59 PM.****CASE NO.: 19-025692 CA 27
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 18th day of November, 2020, a true and correct
copy of the foregoing was filed with the Clerk of Broward County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: .
By:
5067.0003-00/21606196
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant KAISER GYPSUM
COMPANY, INC. et. al.
Cole, Scott & Kissane Building
9150 South Dadeland Boulevard, Suite 1400
P.O. Box 569015
Miami, Florida 33256
Telephone (786) 268-6704
Facsimile (305) 373-2294
Primary e-mail:
bernardo.pimentelll@csklegal.com
Secondary e-mail: nelly.rivero@csklegal.com
s/ Bernardo Pimentel, II
BERNARDO PIMENTEL, Il
Florida Bar No.: 1014210
Page 2
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAXIN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
JOE CARL ROGERS and CASE NO.: 19-025692 CA 27
HILDA ROGERS, his wife,
Plaintiffs,
v.
KAISER GYPSUM COMPANY, INC. et. al.,
Defendants.
/
SUBPOENA DUCES TECUM WITH OUT DEPOSITION
THE STATE OF FLORIDA:
Pathology Custodian:
Akerman Cancer Center
10881 San Jose Blvd.
Jacksonville, FL 32223
YOU ARE HEREBY COMMANDED to provide to Bernardo Pimentel Il, Esq. of
the law offices of COLE, SCOTT & KISSANE, P.A., 9150 South Dadeland Blvd., Suite
1400, Miami, Florida 33156, the following:
RECUTS OF ANY AND ALL PATHOLOGY MATERIALS IN YOUR POSSESSION,
pertaining to Joe Carl Rogers, See attached “Memo To Witness” with date of birth
and social security number; including but not limited to recuts of any and all cell
blocks including any special stains.
You may comply with this subpoena by providing the documents, records and tangible
things listed above to be produced to the attorney whose name appears on this subpoena on or
before the scheduled date of production. You may condition the preparation of the copies upon
payment in advance of reasonable cost of preparation. You have the right to object to the
production pursuant to this subpoena at any time before production by giving written notice to
the attorney whose name appears on this subpoena.
If you fail to:CASE NO.: 19-025692 CA 27
1. Furnish the documents, records and tangible things listed at the time and place
specified; or
2. Object to this subpoena;
You may be in contempt of court. You are subpoenaed by the attorneys whose names
appear on this subpoena and unless excused by them or the Court, you shall respond to this
subpoena as directed.
HIPPA Certificate: This certifies that this Subpoena has been issued in compliance with
the Health Insurance Portability and Accountability Act of 1996, (HIPPA) Public Law 104-901
and 45 CRF 164.512(e)(I)(ii) as this Subpoena has been issued pursuant to Rules 1.410 and
1.351, Fla.R.Civ.P. The Party issuing this Subpoena has made a good faith attempt to provide
written notice to the Plaintiff/Patient listed above by sending his/her attorney, a notice of the
issuance of this Subpoena which included sufficient information about the litigation to permit the
Plaintiff/Patient to raise an objection to the court or administrative tribunal. The time for the
Plaintiff/Patient to raise an objection pursuant to Rule 1.351, has expired and no objections
were filed. The undersigned further certified that information and records hereby sought are
specific and are minimally necessary to accomplish the objectives of this action and will be used
for no purpose other than the litigation in which this subpoena is issued, and will be destroyed or
returned to the custodian of said records at the end thereof. The undersigned further certified
that all litigants who have requested copies of the records hereby subpoenaed pursuant to the
Florida Rules of Civil Procedure will, as condition precedent to being provided said copies,
certify that the records in question will be used only for the purpose of this litigation and returned
to their custodian or destroyed at the conclusion therefore.
DATED on this 18th day of November, 2020.
For the Clerk of the Court,
By: /S/ BERNARDO PIMENTEL II, ESQ.
HENRY SALAS, ESQ.
Florida Bar No. 0815268
CLARKE S. STURGE, ESQ.
FBN: 0584541
BERNARDO PIMENTEL II, ESQ.
Florida Bar No. 1014210
MAIL MATERIALS TO:
Clarke Sturge, Esq.
COLE, SCOTT & KISSANE, PA
Attomeys for Kaiser Gypsum Company, Inc.
9150 South Dadeland Blvd., Suite 1400
Miami, Florida 33156
Telephone: (305) 350-5300
Facsimile: (305) 373-2294
Page 2
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 39256 - (305) 350-5300 - (305) 373-2294 FAXIN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
JOE CARL ROGERS and CASE NO.: 19-025692 CA 27
HILDA ROGERS, his wife,
Plaintiffs,
v.
KAISER GYPSUM COMPANY, INC. et. al.,
Defendants.
/
SUBPOENA DUCES TECUM WITH OUT DEPOSITION
THE STATE OF FLORIDA:
Pathology Custodian:
Ascension St. Vincent’s Riverside
1 Shircliff Way
Jacksonville, FL 32204
YOU ARE HEREBY COMMANDED to provide to Clarke Sturge, Esq. of the law
offices of COLE, SCOTT & KISSANE, P.A., 9150 South Dadeland Blvd., Suite 1400,
Miami, Florida 33156, the following:
RECUTS OF ANY AND ALL PATHOLOGY MATERIALS IN YOUR POSSESSION,
pertaining to Joe Carl Rogers, See attached “Memo To Witness” with date of birth
and social security number; including but not limited to recuts of any and all cell
blocks including any special stains.
You may comply with this subpoena by providing the documents, records and tangible
things listed above to be produced to the attorney whose name appears on this subpoena on or
before the scheduled date of production. You may condition the preparation of the copies upon
payment in advance of reasonable cost of preparation. You have the right to object to the
production pursuant to this subpoena at any time before production by giving written notice to
the attorney whose name appears on this subpoena.
If you fail to:CASE NO.: 19-025692 CA 27
1. Furnish the documents, records and tangible things listed at the time and place
specified; or
2. Object to this subpoena;
You may be in contempt of court. You are subpoenaed by the attorneys whose names
appear on this subpoena and unless excused by them or the Court, you shall respond to this
subpoena as directed.
HIPPA Certificate: This certifies that this Subpoena has been issued in compliance with
the Health Insurance Portability and Accountability Act of 1996, (HIPPA) Public Law 104-901
and 45 CRF 164.512(e)(I)(ii) as this Subpoena has been issued pursuant to Rules 1.410 and
1.351, Fla.R.Civ.P. The Party issuing this Subpoena has made a good faith attempt to provide
written notice to the Plaintiff/Patient listed above by sending his/her attorney, a notice of the
issuance of this Subpoena which included sufficient information about the litigation to permit the
Plaintiff/Patient to raise an objection to the court or administrative tribunal. The time for the
Plaintiff/Patient to raise an objection pursuant to Rule 1.351, has expired and no objections
were filed. The undersigned further certified that information and records hereby sought are
specific and are minimally necessary to accomplish the objectives of this action and will be used
for no purpose other than the litigation in which this subpoena is issued, and will be destroyed or
returned to the custodian of said records at the end thereof. The undersigned further certified
that all litigants who have requested copies of the records hereby subpoenaed pursuant to the
Florida Rules of Civil Procedure will, as condition precedent to being provided said copies,
certify that the records in question will be used only for the purpose of this litigation and returned
to their custodian or destroyed at the conclusion therefore.
DATED on this 18th day of November, 2020.
For the Clerk of the Court,
By:___/S/ BERNARDO PIMENTEL II, ESQ.
HENRY SALAS, ESQ.
Florida Bar No. 0815268
CLARKE S. STURGE, ESQ.
FBN: 0584541
BERNARDO PIMENTEL II, ESQ.
Florida Bar No. 1014210
MAIL MATERIALS TO:
Clarke Sturge, Esq.
COLE, SCOTT & KISSANE, PA
Attomeys for Kaiser Gypsum Company, Inc.
9150 South Dadeland Bivd., Suite 1400
Miami, Florida 33156
Telephone: (305) 350-5300
Facsimile: (305) 373-2294
Page 2
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 39256 - (305) 350-5300 - (305) 373-2294 FAX
Preview
Filing # 116890492 E-Filed 11/18/2020 02:03:59 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION JOE CARL ROGERS and CASE NO.: 19-025692 CA 27 HILDA ROGERS, his wife, Plaintiffs, v. KAISER GYPSUM COMPANY, INC. et. al., Defendants. / DEFENDANT, KAISER GYPSUM COMPANY, INC. NOTICE OF INTENT TO SERVE SUBPOENA UNDER RULE 1.351 FOR PRODUCTION OF DOCUMENTS WITHOUT DEPOSITION YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service of this Notice, if service is by delivery, or fifteen (15) days from the date of service, if service is by mail, and if no objection is received from any party, pursuant to Rule 1.351 of the Florida Rules of Civil Procedure, the undersigned counsel for Defendant, KAISER GYPSUM COMPANY, INC., will issue or apply to the Clerk of the Court for issuance of a Subpoena Duces Tecum for Production of Documents Without Deposition directed to the following: 1. Pathology Custodian: Ackerman Cancer Center 2. Pathology Custodian: Ascension St. Vincent’s Riverside Page 1 COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/18/2020 02:03:59 PM.****CASE NO.: 19-025692 CA 27 CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 18th day of November, 2020, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: . By: 5067.0003-00/21606196 COLE, SCOTT & KISSANE, P.A. Counsel for Defendant KAISER GYPSUM COMPANY, INC. et. al. Cole, Scott & Kissane Building 9150 South Dadeland Boulevard, Suite 1400 P.O. Box 569015 Miami, Florida 33256 Telephone (786) 268-6704 Facsimile (305) 373-2294 Primary e-mail: bernardo.pimentelll@csklegal.com Secondary e-mail: nelly.rivero@csklegal.com s/ Bernardo Pimentel, II BERNARDO PIMENTEL, Il Florida Bar No.: 1014210 Page 2 COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAXIN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION JOE CARL ROGERS and CASE NO.: 19-025692 CA 27 HILDA ROGERS, his wife, Plaintiffs, v. KAISER GYPSUM COMPANY, INC. et. al., Defendants. / SUBPOENA DUCES TECUM WITH OUT DEPOSITION THE STATE OF FLORIDA: Pathology Custodian: Akerman Cancer Center 10881 San Jose Blvd. Jacksonville, FL 32223 YOU ARE HEREBY COMMANDED to provide to Bernardo Pimentel Il, Esq. of the law offices of COLE, SCOTT & KISSANE, P.A., 9150 South Dadeland Blvd., Suite 1400, Miami, Florida 33156, the following: RECUTS OF ANY AND ALL PATHOLOGY MATERIALS IN YOUR POSSESSION, pertaining to Joe Carl Rogers, See attached “Memo To Witness” with date of birth and social security number; including but not limited to recuts of any and all cell blocks including any special stains. You may comply with this subpoena by providing the documents, records and tangible things listed above to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon payment in advance of reasonable cost of preparation. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. If you fail to:CASE NO.: 19-025692 CA 27 1. Furnish the documents, records and tangible things listed at the time and place specified; or 2. Object to this subpoena; You may be in contempt of court. You are subpoenaed by the attorneys whose names appear on this subpoena and unless excused by them or the Court, you shall respond to this subpoena as directed. HIPPA Certificate: This certifies that this Subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPPA) Public Law 104-901 and 45 CRF 164.512(e)(I)(ii) as this Subpoena has been issued pursuant to Rules 1.410 and 1.351, Fla.R.Civ.P. The Party issuing this Subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending his/her attorney, a notice of the issuance of this Subpoena which included sufficient information about the litigation to permit the Plaintiff/Patient to raise an objection to the court or administrative tribunal. The time for the Plaintiff/Patient to raise an objection pursuant to Rule 1.351, has expired and no objections were filed. The undersigned further certified that information and records hereby sought are specific and are minimally necessary to accomplish the objectives of this action and will be used for no purpose other than the litigation in which this subpoena is issued, and will be destroyed or returned to the custodian of said records at the end thereof. The undersigned further certified that all litigants who have requested copies of the records hereby subpoenaed pursuant to the Florida Rules of Civil Procedure will, as condition precedent to being provided said copies, certify that the records in question will be used only for the purpose of this litigation and returned to their custodian or destroyed at the conclusion therefore. DATED on this 18th day of November, 2020. For the Clerk of the Court, By: /S/ BERNARDO PIMENTEL II, ESQ. HENRY SALAS, ESQ. Florida Bar No. 0815268 CLARKE S. STURGE, ESQ. FBN: 0584541 BERNARDO PIMENTEL II, ESQ. Florida Bar No. 1014210 MAIL MATERIALS TO: Clarke Sturge, Esq. COLE, SCOTT & KISSANE, PA Attomeys for Kaiser Gypsum Company, Inc. 9150 South Dadeland Blvd., Suite 1400 Miami, Florida 33156 Telephone: (305) 350-5300 Facsimile: (305) 373-2294 Page 2 COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 39256 - (305) 350-5300 - (305) 373-2294 FAXIN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION JOE CARL ROGERS and CASE NO.: 19-025692 CA 27 HILDA ROGERS, his wife, Plaintiffs, v. KAISER GYPSUM COMPANY, INC. et. al., Defendants. / SUBPOENA DUCES TECUM WITH OUT DEPOSITION THE STATE OF FLORIDA: Pathology Custodian: Ascension St. Vincent’s Riverside 1 Shircliff Way Jacksonville, FL 32204 YOU ARE HEREBY COMMANDED to provide to Clarke Sturge, Esq. of the law offices of COLE, SCOTT & KISSANE, P.A., 9150 South Dadeland Blvd., Suite 1400, Miami, Florida 33156, the following: RECUTS OF ANY AND ALL PATHOLOGY MATERIALS IN YOUR POSSESSION, pertaining to Joe Carl Rogers, See attached “Memo To Witness” with date of birth and social security number; including but not limited to recuts of any and all cell blocks including any special stains. You may comply with this subpoena by providing the documents, records and tangible things listed above to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon payment in advance of reasonable cost of preparation. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. If you fail to:CASE NO.: 19-025692 CA 27 1. Furnish the documents, records and tangible things listed at the time and place specified; or 2. Object to this subpoena; You may be in contempt of court. You are subpoenaed by the attorneys whose names appear on this subpoena and unless excused by them or the Court, you shall respond to this subpoena as directed. HIPPA Certificate: This certifies that this Subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPPA) Public Law 104-901 and 45 CRF 164.512(e)(I)(ii) as this Subpoena has been issued pursuant to Rules 1.410 and 1.351, Fla.R.Civ.P. The Party issuing this Subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending his/her attorney, a notice of the issuance of this Subpoena which included sufficient information about the litigation to permit the Plaintiff/Patient to raise an objection to the court or administrative tribunal. The time for the Plaintiff/Patient to raise an objection pursuant to Rule 1.351, has expired and no objections were filed. The undersigned further certified that information and records hereby sought are specific and are minimally necessary to accomplish the objectives of this action and will be used for no purpose other than the litigation in which this subpoena is issued, and will be destroyed or returned to the custodian of said records at the end thereof. The undersigned further certified that all litigants who have requested copies of the records hereby subpoenaed pursuant to the Florida Rules of Civil Procedure will, as condition precedent to being provided said copies, certify that the records in question will be used only for the purpose of this litigation and returned to their custodian or destroyed at the conclusion therefore. DATED on this 18th day of November, 2020. For the Clerk of the Court, By:___/S/ BERNARDO PIMENTEL II, ESQ. HENRY SALAS, ESQ. Florida Bar No. 0815268 CLARKE S. STURGE, ESQ. FBN: 0584541 BERNARDO PIMENTEL II, ESQ. Florida Bar No. 1014210 MAIL MATERIALS TO: Clarke Sturge, Esq. COLE, SCOTT & KISSANE, PA Attomeys for Kaiser Gypsum Company, Inc. 9150 South Dadeland Bivd., Suite 1400 Miami, Florida 33156 Telephone: (305) 350-5300 Facsimile: (305) 373-2294 Page 2 COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING -9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 39256 - (305) 350-5300 - (305) 373-2294 FAX