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Filing# 137911686 E-Filed 11/04/2021 01:31:17 PM
IN THE CIRCUIT COURT, 'th
17t
AND FOR
JUDICIAL CIRCUIT, IN
BROWARD COUNTY, FLORIDA
JUSTIN BLEVINS, CASE NO.: CACE-21-010715
Plaintiff,
VS.
ORVILL WEIR,
CAMBRIDGE SECURITY SERVICES
CORP., a Fla Corp.,and WESTON
APARTMENTS CORP.: d/b/a WESTON
PLACE APARTMENTS, a Fla Corp.,
Defendants.
TO
PLAINTIFF'S OBJECTIONS
DEFENDANTS' REQUEST FOR COMPULSORY MEDICAL EXAMINATION
JUSTIN BLEVINS by and through the undersigned Counsel, hereby
The Plaintiff, files
Plaintiffs Objectionto Defendants', CAMBRIDGE SECURITY SERVICES CORP. and ORVILL
WEIR, Request for Compulsory Medical Examination of Plaintiff,
and as grounds therefore,states
as follows:
1. Defendants, CAMBRIDGE SECURITY SERVICES CORP. and ORVILL WEIR,
has requestedPlaintiff, JUSTIN BLEVINS, to submit to a compulsory medical exam to be
performed by CRAIG STEINER, M.D., orthopedicphysician,on JANUARY 5,2022 at 8:30
A.M. A copy of the Request for Medical Exam is attached as Exhibit "A".
2. Plaintiff files this conditional objection to the requested Compulsory Medical
Examination ("CME") of Plaintiff pursuant to Florida Rule of Civil Procedure 1.360. However,
Plaintiff agrees to appear for said examination provided that Defendants agree, in writing,
to accept
1
The Law Offices of Anidjar& Levine, P.A.
300 SE 17th Street, Fort Lauderdale, florida 33316 (954) 525-0050
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/04/2021 01:31:17 PM.****
the reasonable conditions of Plaintiff in accord with Florida laws, as set forth hereafter. With
CME, Plaintiff states the following:
respect to the requested
(a). Defendants current notice of CME is legallyinadequatefor vagueness; Defendants
shall at a
specifyin written notice to Plaintiff,
minimum, a list of any and all medical tests
to beperformedon Plaintiff during the CME, includingidentification with specificitywhat
equipment shall be employed during the CME, and the scope of the CME. Shawrin v. Nacht,
683 So.2d 1173 (Fla.4th DCA 1996);
(b). Plaintiff objectsto any x-rays, or other testingof either an evasive or non-evasive
nature. Neither the Defendants' expert witness nor anyone on its behalf shall conduct
any
x-ray or other diagnostic studies or any invasive testing
filmingor radiological or procedure
upon Plaintiff, or gatherany information from Plaintiff which has been made available to
Defendants without a court order after establishing
good cause for same. Id.
(c). Rule 1.360 provides for physical examination. The Plaintiff objects to any
interrogationby the examining physician regarding the facts and circumstances
surroundingthe motor vehicle accident. Prior to the scheduled examination, Defendants
shallprovideDefendants',CME expert witness with all information relative to the claimed
injuryand medical historyof Plaintiff,
includingbut not limited to material provided to
Defendants by Plaintiff in discovery, such as medical records, diagnostictesting,
interrogatories,
depositions,and statements, that said witness shall deem necessary to
complete his/her examination and/or opinions,and Plaintiff shall not provide said
information or material at the time of appearing for the CME;
(d). In that the CME examiner has access to all information described above priorto the
examination,Plaintiff shall not be subjectedto interrogationby the CME examiner and
shall not answer oral or written
questioning, accord with Fla. R. Civ. P.1.340(a)re
in
limitation of number o f interrogations;
(e). If the CME examiner requiresany forms or questionnaires to be completed, the
CME examiner shall,at least 5 working days priorto the exam, furnish copiesof all such
forms to the offices of Plaintiffs attorneys for review, approval and/or completion;
(f). Plaintiff shall have the rightto make a complete video recordingof every aspect of
the CME and said recordingshall constitute work productof Plaintiffs attorney, with the
audio and video recording, and any transcript thereof,remaining work product of Plaintiffs
attorneys unless and until Plaintiff waives said privilege
to use them in either direct or cross
examination, by timely listingsame on trial exhibit list, whereupon the work product
shall be deemed waived and, upon written request and
privilege payment of copying costs,
Defendants shall be entitled to a copy of each such item for which the work product
privilegehas been waived, under Bvrd v. Southern Prestressed Concrete. Inc., 928 So.2d
455 (Fla.1st DCA 2008); McGarrah v. Bavfront Medical Center. Inc., 889 So.2d 923
(Fla.
2d DCA 2004);
2
The Law O ffices of Anidjar & Levine, P.A.
300 SE 17th Street, Fort Lauderdale, Florida 33316 (954) 525-0050
(g). Neither the Defendants,nor anyone on behalf of the Defendants, shall attend the
CME other than the examiner;
(h). Plaintiff shall be entitled to call,as an expert witness at trial,
a medical professional
ofthe same specialty as that of the Defendants', expert witness
conductingsaid CME;
(i). Pursuant to Fla. R. Civ. P. 1.360, the examiner shall be required to prepare a
forth all of the examiner's findings,
detailed written report setting
includingthe results of
any and all testing,all diagnoses and all conclusions which Counsel for Plaintiff shall be
entitled to rely upon, pursuant to Suarez- Burgos v. Morhaim, 745 So.2d 368 (Fla.4th
DCA1999);
(j). Plaintiff shall not be responsiblefor any fee should the CME fail to take place due
to circumstances beyond the Plaintiffs control,and Plaintiff shall be so responsible
should the CME
fail to take place due to circumstances within the Plaintiffs
control,for
one hour billed at an hourly rate determined by the Court, if not agreed the
by to
parties,
be reasonable fee;
00. Defendants are responsiblefor notifyingthe examiner of the terms of the Order
entered on this motion.
(1). Defendants shall provide full and complete responses to the Plaintiffs
expert
and
interrogatories requests for production,filed simultaneouslyherewith, pursuant to the
holdingsin Allstatev. Boecher, 733 So.2d 993 (Fla.1999); Elkins v. S) ken, 672 So.2d
517 (Fla.1996); Spriqggrv. West, 769 So.2d 1068 (Fla.5th DCA 2000) (defensefirm is
the agent of the insured);Surf Drugs. Inc. v. Vermette, 236 So.2d 108 (Fla. 1970); Gold,
Vann & Whit-e v. -DeBarr):,639 So.2d 47 (Fla.4th DCA 1994) (supportingSpringer),
within 30 days of the date of this motion;
WHEREFORE, Plaintiff,JUSTIN BLEVINS, moves this Honorable Court to enter
an Order sustainingPlaintiffs Objectionsto the Defendants', CAMBRIDGE SECURITY
SERVICES CORP. and ORVILL WEIR, Request for Compulsory Medical Examination.
[CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE]
3
The Law Offices of Anidjar & Levine, P.A.
300 SE 17th Street, Fort Lauderdale, Florida 33316 (954) 525-0050
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished
via the Florida E-FilingPortal to: Katherine A. Sax, Esq.,SACHS
Moum, Esq.,Spencer M.
SAX CAPLAN, 6111 Broken Sound Parkway NW, Suite 200, Boca Raton, FL 33487, Attorneys
for Defendant WESTON APARTMENTS CORP., d/b/a WESTON PLACE APARTMENTS, at
ssclawfirnl.com;kmoum 2.ssclawfirm.com;
ssax?:u
st*rnes I, ssclawfirm.com;
?trumbower it ssclawfirm.com; DANIEL J. SANTANIELLO, ESQ., JAMES T. SPARKMAN,
ESQ., LUKS, SANTANIELLO, PETRILLO, COHEN & PETERFRIEND, 301 Yamato Road,
Suite 4150, Boca Raton, FL 33431, AttorneysfbrDefDndants ORVILL WEIR and
CAUBRIDGE
SECURITFSERPICES CORP. at LUKSBOCA-Pleadings LS-Law.com; on this dayor
rt
9
NOVEMBER, 2021,
LAW OFFICES OF ANIDJAR & LEVINE, P.A.
Counsel.forPlaintiff
300 SE 17thStreet
Fort Lauderdale,FL 33316
Tel: (954) 525-jj?0*/Fax: (954) 525-0020
E-service at:6444@gs@ani-law.com
7 wn
By: /A'i
?EIE:-N?V?DJAR,
ESQ.
FBN /M191
4
The Law Offices of Anidjar & Levine, P.A.
300 SE 17th Street, Fort Lauderdale, Florida 33316 (954) 525-0050
Filing# 137404088 E-Filed 10/27/2021 04:05:05 PM
AWA-34896B/JNM
INTHE CIRCUIT COURT, 17TH
JUDICIALCIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE21010715
JUSTIN BLEVINS,
Plaintiff,
VS.
ORVILL WEIR, CAMBRIDGE SECURITY SERVICES
CORP., a Fla Corp., and WESTON APARTMENTS
CORP., d/b/a WESTON PLACE APARTMENTS, a
Fla Corp.,
Defendants.
1
REQUEST FOR PHYSICAL EXAMINATION UNDER FLA. R. CIV. P. 1.360
AND DISCLOSURE OF EXPERT WITNESS
(Please advise ifinterpreter is necessary)
(State issued photo identificationwith current address is required at time of examination)
COME NOW the Defendants, CAMBRIDGE SECURITY SERVICES CORP. and ORVILL WEIR,
by and through undersigned counsel, pursuantto Fla. R. Civ. P. 1.360, and states:
1 TYPE OF EXAMINATION REQUESTED - The Defendants request the Plaintiff,
Justin
Blevins, to submit to an Orthopedic Examination with Craig Steiner, MD.
2. TIME AND PLACE OF EXAMINATION - This examination will be held on January 5, 2022
at 8:30 a.m. the office of Orthopedic Center of South Florida, 7975 NW 154 Street, Suite 460,
Miami Lakes, FL 33016. (Please arrive at 8:15 a.m.)
EXHIBIT
A
CASE NO: CACE21010715
Page 2
3. MANNER, CONDITIONS AND SCOPE OF EXAMINATION -
This examination would
be conducted in the normal manner all such examinations are done, and will include, but not be
limited to: the taking of a written and/or oral history, x-rays and other radiographs, if
appropriate, testing and examination. The scope of the examination would be to inquire into
all issues raised by the particularproblems alleged within the examiner's field of expertise as
designated above. A detailed written report, setting out the findings,including results of all
tests made, diagnosis and conclusions would be prepared by the expert which would be
available to counsel of the examined party if requested under the provisions of Fla. R, Civ. P.
1.360. The requesting party will pay for the examination, subject to being taxed as costs, if
applicable. All similar reports of all earlier examinations of the same condition would be made
available as well. The requesting party reserves all rights under Fla. R. Civ. P. 1.360(b)(1) and
(3). THE PARTY TO BE EXAMINED IS REQUESTED TO GIVE NO LESS THAN 48 HOURS NOTICE
(EXCLUDING WEEKENDS and HOLIDAYS) IF THE APPOINTMENT CANNOT BE KEPT. THE
EXAMINER MAY SEEK A CANCELLATION FEE OF $1,100.00 IF APPROPRIATE NOTICE IS NOT
GIVEN.
4. REASON FOR EXAMINATION - The party to be examined filed an action for
personal injuriesand placed those allegations in issue. There is good cause for the examination
as the requesting party is permitted to inquire into the alleged condition (s).
5. DESIGNATION OF EXPERT -
The examiner shall be referred to as a "Defense
requested expert."
6. RESPONSE REQUESTED-In accordance with the provisions of Fla. R. Civ. P. 1.360,
a response is requested. Should there be no objection, in order to prevent delay, it is
CASENO: CACE21010715
Page 3
respectfully requested counsel for the party to be examined respond upon receipt of this
request
7 REQUEST FOR NOTIFICATION OF THIRD PARTY PARIICIPATION- Fla. R. Civ, P.
1.360 requires the request for the examination to indicate it will be recorded and to specify
the number of people attending, their role, and the method of recording
The Plaintiff is requested to notify the undersigned counsel if the examination is going
to be video taped, attended by counsel, attended by a Court reporter or any other person. The
identityof the person to attend and the capacity he or she will attend the examination in is
requested with the response to this notice.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
Electronic Mail, to all counsel of record on the attached Service List,this 27th day of October
2021.
LUKS, SANTANIELLO, PETRILLO,
COHEN &PETERFRIEND
Attorneys for Defendant
301 Yamato Road, Suite 4150
Boca Raton, FL 33431
Telephone: (561) 893-9088
Facsimile: (561) 893-9048
By: /J/TameZ.T.SPANMWM
DANIEL J. SANTANIELLO
Florida Bar No.: 860948
JAMEST. SPARKMAN
Florida Bar No.: 396966
LUKSBOCA-PIeadings@LS-Law.com
CASE NO: CACE21010715
Page 4
SERVICE LIST
Counsel for Plaintiff:
Elie Anidjar, Esquire
LAW OFFICES OF ANIDJAR & LEVINE, P.A.
300 SE 17 Street
Ft. Lauderdale, FL 33316
PLEADINGS@ANL-LAW.COM
Preview
Filing# 137911686 E-Filed 11/04/2021 01:31:17 PM IN THE CIRCUIT COURT, 'th 17t AND FOR JUDICIAL CIRCUIT, IN BROWARD COUNTY, FLORIDA JUSTIN BLEVINS, CASE NO.: CACE-21-010715 Plaintiff, VS. ORVILL WEIR, CAMBRIDGE SECURITY SERVICES CORP., a Fla Corp.,and WESTON APARTMENTS CORP.: d/b/a WESTON PLACE APARTMENTS, a Fla Corp., Defendants. TO PLAINTIFF'S OBJECTIONS DEFENDANTS' REQUEST FOR COMPULSORY MEDICAL EXAMINATION JUSTIN BLEVINS by and through the undersigned Counsel, hereby The Plaintiff, files Plaintiffs Objectionto Defendants', CAMBRIDGE SECURITY SERVICES CORP. and ORVILL WEIR, Request for Compulsory Medical Examination of Plaintiff, and as grounds therefore,states as follows: 1. Defendants, CAMBRIDGE SECURITY SERVICES CORP. and ORVILL WEIR, has requestedPlaintiff, JUSTIN BLEVINS, to submit to a compulsory medical exam to be performed by CRAIG STEINER, M.D., orthopedicphysician,on JANUARY 5,2022 at 8:30 A.M. A copy of the Request for Medical Exam is attached as Exhibit "A". 2. Plaintiff files this conditional objection to the requested Compulsory Medical Examination ("CME") of Plaintiff pursuant to Florida Rule of Civil Procedure 1.360. However, Plaintiff agrees to appear for said examination provided that Defendants agree, in writing, to accept 1 The Law Offices of Anidjar& Levine, P.A. 300 SE 17th Street, Fort Lauderdale, florida 33316 (954) 525-0050 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/04/2021 01:31:17 PM.**** the reasonable conditions of Plaintiff in accord with Florida laws, as set forth hereafter. With CME, Plaintiff states the following: respect to the requested (a). Defendants current notice of CME is legallyinadequatefor vagueness; Defendants shall at a specifyin written notice to Plaintiff, minimum, a list of any and all medical tests to beperformedon Plaintiff during the CME, includingidentification with specificitywhat equipment shall be employed during the CME, and the scope of the CME. Shawrin v. Nacht, 683 So.2d 1173 (Fla.4th DCA 1996); (b). Plaintiff objectsto any x-rays, or other testingof either an evasive or non-evasive nature. Neither the Defendants' expert witness nor anyone on its behalf shall conduct any x-ray or other diagnostic studies or any invasive testing filmingor radiological or procedure upon Plaintiff, or gatherany information from Plaintiff which has been made available to Defendants without a court order after establishing good cause for same. Id. (c). Rule 1.360 provides for physical examination. The Plaintiff objects to any interrogationby the examining physician regarding the facts and circumstances surroundingthe motor vehicle accident. Prior to the scheduled examination, Defendants shallprovideDefendants',CME expert witness with all information relative to the claimed injuryand medical historyof Plaintiff, includingbut not limited to material provided to Defendants by Plaintiff in discovery, such as medical records, diagnostictesting, interrogatories, depositions,and statements, that said witness shall deem necessary to complete his/her examination and/or opinions,and Plaintiff shall not provide said information or material at the time of appearing for the CME; (d). In that the CME examiner has access to all information described above priorto the examination,Plaintiff shall not be subjectedto interrogationby the CME examiner and shall not answer oral or written questioning, accord with Fla. R. Civ. P.1.340(a)re in limitation of number o f interrogations; (e). If the CME examiner requiresany forms or questionnaires to be completed, the CME examiner shall,at least 5 working days priorto the exam, furnish copiesof all such forms to the offices of Plaintiffs attorneys for review, approval and/or completion; (f). Plaintiff shall have the rightto make a complete video recordingof every aspect of the CME and said recordingshall constitute work productof Plaintiffs attorney, with the audio and video recording, and any transcript thereof,remaining work product of Plaintiffs attorneys unless and until Plaintiff waives said privilege to use them in either direct or cross examination, by timely listingsame on trial exhibit list, whereupon the work product shall be deemed waived and, upon written request and privilege payment of copying costs, Defendants shall be entitled to a copy of each such item for which the work product privilegehas been waived, under Bvrd v. Southern Prestressed Concrete. Inc., 928 So.2d 455 (Fla.1st DCA 2008); McGarrah v. Bavfront Medical Center. Inc., 889 So.2d 923 (Fla. 2d DCA 2004); 2 The Law O ffices of Anidjar & Levine, P.A. 300 SE 17th Street, Fort Lauderdale, Florida 33316 (954) 525-0050 (g). Neither the Defendants,nor anyone on behalf of the Defendants, shall attend the CME other than the examiner; (h). Plaintiff shall be entitled to call,as an expert witness at trial, a medical professional ofthe same specialty as that of the Defendants', expert witness conductingsaid CME; (i). Pursuant to Fla. R. Civ. P. 1.360, the examiner shall be required to prepare a forth all of the examiner's findings, detailed written report setting includingthe results of any and all testing,all diagnoses and all conclusions which Counsel for Plaintiff shall be entitled to rely upon, pursuant to Suarez- Burgos v. Morhaim, 745 So.2d 368 (Fla.4th DCA1999); (j). Plaintiff shall not be responsiblefor any fee should the CME fail to take place due to circumstances beyond the Plaintiffs control,and Plaintiff shall be so responsible should the CME fail to take place due to circumstances within the Plaintiffs control,for one hour billed at an hourly rate determined by the Court, if not agreed the by to parties, be reasonable fee; 00. Defendants are responsiblefor notifyingthe examiner of the terms of the Order entered on this motion. (1). Defendants shall provide full and complete responses to the Plaintiffs expert and interrogatories requests for production,filed simultaneouslyherewith, pursuant to the holdingsin Allstatev. Boecher, 733 So.2d 993 (Fla.1999); Elkins v. S) ken, 672 So.2d 517 (Fla.1996); Spriqggrv. West, 769 So.2d 1068 (Fla.5th DCA 2000) (defensefirm is the agent of the insured);Surf Drugs. Inc. v. Vermette, 236 So.2d 108 (Fla. 1970); Gold, Vann & Whit-e v. -DeBarr):,639 So.2d 47 (Fla.4th DCA 1994) (supportingSpringer), within 30 days of the date of this motion; WHEREFORE, Plaintiff,JUSTIN BLEVINS, moves this Honorable Court to enter an Order sustainingPlaintiffs Objectionsto the Defendants', CAMBRIDGE SECURITY SERVICES CORP. and ORVILL WEIR, Request for Compulsory Medical Examination. [CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE] 3 The Law Offices of Anidjar & Levine, P.A. 300 SE 17th Street, Fort Lauderdale, Florida 33316 (954) 525-0050 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished via the Florida E-FilingPortal to: Katherine A. Sax, Esq.,SACHS Moum, Esq.,Spencer M. SAX CAPLAN, 6111 Broken Sound Parkway NW, Suite 200, Boca Raton, FL 33487, Attorneys for Defendant WESTON APARTMENTS CORP., d/b/a WESTON PLACE APARTMENTS, at ssclawfirnl.com;kmoum 2.ssclawfirm.com; ssax?:u st*rnes I, ssclawfirm.com; ?trumbower it ssclawfirm.com; DANIEL J. SANTANIELLO, ESQ., JAMES T. SPARKMAN, ESQ., LUKS, SANTANIELLO, PETRILLO, COHEN & PETERFRIEND, 301 Yamato Road, Suite 4150, Boca Raton, FL 33431, AttorneysfbrDefDndants ORVILL WEIR and CAUBRIDGE SECURITFSERPICES CORP. at LUKSBOCA-Pleadings LS-Law.com; on this dayor rt 9 NOVEMBER, 2021, LAW OFFICES OF ANIDJAR & LEVINE, P.A. Counsel.forPlaintiff 300 SE 17thStreet Fort Lauderdale,FL 33316 Tel: (954) 525-jj?0*/Fax: (954) 525-0020 E-service at:6444@gs@ani-law.com 7 wn By: /A'i ?EIE:-N?V?DJAR, ESQ. FBN /M191 4 The Law Offices of Anidjar & Levine, P.A. 300 SE 17th Street, Fort Lauderdale, Florida 33316 (954) 525-0050 Filing# 137404088 E-Filed 10/27/2021 04:05:05 PM AWA-34896B/JNM INTHE CIRCUIT COURT, 17TH JUDICIALCIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE21010715 JUSTIN BLEVINS, Plaintiff, VS. ORVILL WEIR, CAMBRIDGE SECURITY SERVICES CORP., a Fla Corp., and WESTON APARTMENTS CORP., d/b/a WESTON PLACE APARTMENTS, a Fla Corp., Defendants. 1 REQUEST FOR PHYSICAL EXAMINATION UNDER FLA. R. CIV. P. 1.360 AND DISCLOSURE OF EXPERT WITNESS (Please advise ifinterpreter is necessary) (State issued photo identificationwith current address is required at time of examination) COME NOW the Defendants, CAMBRIDGE SECURITY SERVICES CORP. and ORVILL WEIR, by and through undersigned counsel, pursuantto Fla. R. Civ. P. 1.360, and states: 1 TYPE OF EXAMINATION REQUESTED - The Defendants request the Plaintiff, Justin Blevins, to submit to an Orthopedic Examination with Craig Steiner, MD. 2. TIME AND PLACE OF EXAMINATION - This examination will be held on January 5, 2022 at 8:30 a.m. the office of Orthopedic Center of South Florida, 7975 NW 154 Street, Suite 460, Miami Lakes, FL 33016. (Please arrive at 8:15 a.m.) EXHIBIT A CASE NO: CACE21010715 Page 2 3. MANNER, CONDITIONS AND SCOPE OF EXAMINATION - This examination would be conducted in the normal manner all such examinations are done, and will include, but not be limited to: the taking of a written and/or oral history, x-rays and other radiographs, if appropriate, testing and examination. The scope of the examination would be to inquire into all issues raised by the particularproblems alleged within the examiner's field of expertise as designated above. A detailed written report, setting out the findings,including results of all tests made, diagnosis and conclusions would be prepared by the expert which would be available to counsel of the examined party if requested under the provisions of Fla. R, Civ. P. 1.360. The requesting party will pay for the examination, subject to being taxed as costs, if applicable. All similar reports of all earlier examinations of the same condition would be made available as well. The requesting party reserves all rights under Fla. R. Civ. P. 1.360(b)(1) and (3). THE PARTY TO BE EXAMINED IS REQUESTED TO GIVE NO LESS THAN 48 HOURS NOTICE (EXCLUDING WEEKENDS and HOLIDAYS) IF THE APPOINTMENT CANNOT BE KEPT. THE EXAMINER MAY SEEK A CANCELLATION FEE OF $1,100.00 IF APPROPRIATE NOTICE IS NOT GIVEN. 4. REASON FOR EXAMINATION - The party to be examined filed an action for personal injuriesand placed those allegations in issue. There is good cause for the examination as the requesting party is permitted to inquire into the alleged condition (s). 5. DESIGNATION OF EXPERT - The examiner shall be referred to as a "Defense requested expert." 6. RESPONSE REQUESTED-In accordance with the provisions of Fla. R. Civ. P. 1.360, a response is requested. Should there be no objection, in order to prevent delay, it is CASENO: CACE21010715 Page 3 respectfully requested counsel for the party to be examined respond upon receipt of this request 7 REQUEST FOR NOTIFICATION OF THIRD PARTY PARIICIPATION- Fla. R. Civ, P. 1.360 requires the request for the examination to indicate it will be recorded and to specify the number of people attending, their role, and the method of recording The Plaintiff is requested to notify the undersigned counsel if the examination is going to be video taped, attended by counsel, attended by a Court reporter or any other person. The identityof the person to attend and the capacity he or she will attend the examination in is requested with the response to this notice. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail, to all counsel of record on the attached Service List,this 27th day of October 2021. LUKS, SANTANIELLO, PETRILLO, COHEN &PETERFRIEND Attorneys for Defendant 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 Telephone: (561) 893-9088 Facsimile: (561) 893-9048 By: /J/TameZ.T.SPANMWM DANIEL J. SANTANIELLO Florida Bar No.: 860948 JAMEST. SPARKMAN Florida Bar No.: 396966 LUKSBOCA-PIeadings@LS-Law.com CASE NO: CACE21010715 Page 4 SERVICE LIST Counsel for Plaintiff: Elie Anidjar, Esquire LAW OFFICES OF ANIDJAR & LEVINE, P.A. 300 SE 17 Street Ft. Lauderdale, FL 33316 PLEADINGS@ANL-LAW.COM