Preview
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT,
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Defendants. CASE NO. 2008 CA 18070
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WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A.,
Counter-Plaintiff,
V
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT,
Counter-Defendants.
/
INITIAL MOTION FOR EX PARTE ORDER TO COMPEL DISCOVERY
FROM NON-PARTY HVCV
Defendant, Williams, Parker, Harrison, Dietz & Getzen, P.A. (“WPHDG”), by and
through its undersigned counsel hereby moves this Court for entry of an ex parte order pursuant
to Rule 1.380, Fla.R.Civ.P., compelling non-party, the Heart and Vascular Center of Venice,
P.A. (“HVCV”), to comply with the following outstanding discovery request within fifteen (15)
days and, as grounds therefore, avers as follows:
l On the 3rd day of August 2010, WPHDG served upon Plaintiffs a notice of non-
party production directed to HVCV. Plaintiffs did not object to the notice. A copy of the notice
3i
of non-party production is attached hereto as Exhibit A.
| iN W i e
C |
|
PD.4251424
_——. — —_— — —— ———
2 Accordingly, on the 18th day of August 2010, WPHDG served upon non-party
HVCV via a process server, the following discovery request: a Subpoena Duces Tecum Without
Deposition, dated August 13, 2010. A copy of the proof of service and subpoena are attached
hereto as Composite Exhibit B.
3 Undersigned counsel hereby certifies that as of this date there has been no
response or objections to the discovery request by HVCV, nor has any motion for protective
order been filed on HVCV’s behalf. Counsel further certifies her office has personally contacted
or made a good faith attempt to contact HVCV to secure the requested discovery prior to the
filing of this motion. See correspondence attached hereto as Exhibit C.
4 In light of a recent production from Plaintiffs and non-party Bob Stanell, the
requests to which WPHDG seeks responses from non-party HVCV to can be narrowed to nos. 4,
20, 21, 23, 24, and 25, which are identified below as follows:
4 All documents, including but not limited to agreements, memorandums,
invoices, demands, or notices issued by Tibar, or Barry Edwards and Associates,
Inc., to HVCV relating to monies due to Tibar from February 2007 through the
present date, which arise out of or relate to HVCV’s tenancy at 1287 US.
Highway 41 Bypass South, Venice, FL 34285. Note, this request does not include
a copy of the 1998 lease between the Heart Center of Sarasota, Inc. and Commons
Venice I, L.C., which was later assigned to HVCV and assumed by Tibar in 2007,
unless any modifications thereto have been made since Tibar’s 2007 assumption.
20. All documents that relate to worker compensation claims filed by any
HVCV employee(s) between January 1, 2001 & the present for injuries or health
concerns relating to mold.
21. All sub-leases entered into between HVCV and any other tenant for the
office space located at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285.
23. All settlement agreement and releases entered into between HVCV and
Dr. Baga.
24. All settlement agreement and releases entered into between HVCV and
Dr. Bratschi.
PD.4251424
29. All settlement agreement and releases entered into between HVCV and
Dr. Basnight.
5 In the event that HVCV does not possess any responsive documents it should
respond accordingly. The undersigned therefore moves this court for an ex parte order requiring
that a response be filed to the outstanding discovery within fifteen (15) days from the date of this
order.
Respectfully submitted,
PHELPS DUNBAR LLP
Aho KK AX i _-
L awrence P. Ingram, Esq. FBN: 855510
Jessica Kirkwood Alley, Esq. FBN: 177059
Shannon A. Seither, Esq. FBN: 036466
100 South Ashley Drive ¢ Suite 1900
Tampa, FL 33602-5311
(813) 472-7550; (813) 472-7570 (facsimile)
Counsel for Defendants, WILLIAMS, PARKER,
HARRISON, DIETZ & GETZEN, P.A., JOHN
MOORE, and TERRI COSTA
PD.4251424
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been served on:
Wayne Alder The Heart and Vascular Center of Venice, P.A.
Seiden, Alder, Matthewman & Bloch P.A. c/o Dr. Michael Basnight, Registered Agent
7795 N.W. Beacon Square Blvd., Suite 1287 US Highway 41 Bypass Sout
#201 Venice, FL 34285 .
Boca Raton, FL 33487
(561) 416-0171 (FAX)
by facsimile and U.S. Mail on this 14th day of October, 2010.
AOU
Shannon Seither, Esq. FBN: 36466
PD.4251424
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT,
Plaintiffs,
Vv
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A., JOHN MOORE, and TERRI
COSTA,
Defendants. CASE NO. 2008 CA 18070
—
/
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A.,
Counter-Plaintiff,
Vv
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT,
Counter-Defendants.
/
EX PARTE ORDER GRANTING INITIAL MOTION TO COMPEL DISCOVERY
THIS CAUSE came before the Court on Initial Motion for Ex Parte Order to Compel
Discovery. The Court has reviewed the motion, and movant’s attorney has certified that
discovery was propounded on August 18, 2010, that the statutory response time has expired, that
no response, objections or motion for protective order have been filed and that a good faith
attempt was made prior to the filing of the motion to secure discovery.
It is therefore
PD.4251424
——
ORDERED AND ADJUDGED that the Motion is GRANTED and that the Heart and
Vascular Center of Venice, P.A. shall respond to the outstanding discovery, request nos. 4, 20,
21, 23, 24, and 25, within fifteen (15) days of this order. It is further
ORDERED AND ADJUDGED that upon failure of Respondent to comply with this
order, Movant is advised to file a Certificate of Noncompliance along with a Second Motion for
Ex Parte Order to Compel Discovery and For Reasonable Expenses on the standard form
provided by the Court. At such time, the Court may award expenses, including attorney’s fees.
DONE AND ORDERED in Chambers at Sarasota, Sarasota County, Florida this day of
, 2010.
Circuit Judge
Copies to:
The Heart and Vascular Center of Venice, P.A.
Lawrence Ingram, Esq.
Wayne Alder, Esq.
PD.4251424
-— _—_. — — —--—___ — SS --
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT,
Plaintiffs,
V
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A., JOHN MOORE, and TERRI
COSTA,
Defendants. CASE NO. 2008 CA 18070
/
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A.,
Counter-Plaintiff,
Vv
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT.
Counter-Defendants.
NOTICE OF PRODUCTION FROM NON-PARTY
YOU ARE NOTIFIED that after 10 days from the date of service of this Notice, if
service is by delivery, or 15 days from the date of service, if service is by mail, and if no
objection is received from any party, the undersigned will issue or apply to the Clerk of this
Court for issuance of the attached subpoenas directed to: 1) the Heart and Vascular Center
of Venice, P.A., who is not a party and whose address is, 1287 US Highway 41 Bypass
South, Venice, FL 34285; and 2) Robert Stanell, Christopher, Smith, Leonard, Bristow &
EXHIBIT
PD.4093488.1
A
Stanell, P.A., who is not a party and whose address is, 1001 3rd Ave West, Suite 700
Bradenton, FL 34205, to produce the items listed at the time and place specified in the
subpoenas
Respectfully submitted
PHELPS DUNBAR LLP
Aber
LawrenceP. Ingram, Esq. aN 5 510
Jessica Kirkwood Alley, Esq. FBN:1 O59
100 South Ashley Drive, Suite 1900
Tampa, Florida 33602-5311
(813) 472-7550; (813) 472-7570 (FAX)
Counsel for Defendants Williams Parker
Harrison, Dietz & Getzen, P.A., John Moore
and Tern Costa
CERTIFICATE OF SERVICE
I hereby certify that the foregoing has been served on: Wayne Alder, Esq., Seiden
Alder, Matthewman & Bloch, P.A.., 7795 N.W. Beacon Square Blvd., Suite 201, Boca
Raton, FL 33487, by facsimile and regular U. S. Mail, this 2s of August 2010.
Attomey
hee
i>
PD.4093488. 1
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT,
Plaintiffs,
Vv
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A., JOHN MOORE, and TERRI
COSTA,
Defendants. CASE NO. 2008 CA 18070
a
/
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A.,
Counter-Plaintiff,
Vv
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT.
Counter-Defendants.
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA:
TO: The Heart and Vascular Center of Venice, P.A.
c/o Dr. Michael Basnight, Registered Agent
1287 US Highway 41 Bypass South
Venice, FL 34285
PLEASE TAKE NOTICE that you are to produce, within ten (10) days of the date of
service of this Subpoena, to the attorney whose name appears on the Subpoena, all
documents identified on Exhibit “A,” attached hereto.
PD.4071013.3
These items will be inspected and may be copied at the time of production. You will
not be required to surrender the original items. You may condition the preparation of the
copies upon the payment in advance of the reasonable cost of preparation. You may mail or
deliver the copies to the attorney whose name appears on the Subpoena. You have the right
to object to the production pursuant to this Subpoena at any time before production by
giving written notice to the attomey whose name appears on this Subpoena. THIS WILL
NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to furnish the records as provided above or object to this Subpoena, YOU
MAY BE IN CONTEMPT OF COURT. You are subpoenaed by the attorney whose
name appears on this Subpoena and unless excused from this Subpoena by that attorney or
the Court, you shall respond to this Subpoena as directed.
DATED: July 2010.
FOR THE COURT:
Lawrence P. Ingram, Esq. FBN: 855510
Jessica Kirkwood Alley, Esq. FBN:177059
100 South Ashley Drive, Suite 1900
Tampa, Florida 33602-5311
(813) 472-7550; (813) 472-7570 (FAX)
Counsel for Defendants Williams Parker,
Harrison, Dietz & Getzen, P.A., John Moore,
and Terri Costa
PD.4071013.1
$$
EXHIBIT “A”
] All documents relating to rent payments made by the Heart and Vascular Center
of Venice, P.A. “HVCV”) to Tibar, LLC (“Tibar”), or Barry Edwards and Associates, Inc.
(“Barry Edwards”), from February 2007 through the present date, which arise out of or
relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285.
2 All documents relating to common area maintenance payments made by HVCV
to Tibar, or Barry Edwards, from February 2007 through the present date, which arise out of
or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285.
3 All documents relating to any other payments made by HVCV to Tibar, or Barry
Edwards, other than those identified in request numbers 1 and 2, from February 2007
through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S.
Highway 41 Bypass South, Venice, FL 34285.
4 All documents, including but not limited to agreements, memorandums,
invoices, demands, or notices issued by Tibar, or Barry Edwards and Associates, Inc., to
HVCYV relating to monies due to Tibar from February 2007 through the present date, which
arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice,
FL 34285. Note, this request does not include a copy of the 1998 lease between the Heart
Center of Sarasota, Inc. and Commons Venice I, L.C., which was later assigned to HVCV
and assumed by Tibar in 2007, unless any modifications thereto have been made since
Tibar’s 2007 assumption.
5 All documents that identify the banking institution(s) and banking account
number(s) that HVCV has maintained funds at, from which payments were made by HVCV
to Tibar, or Barry Edwards and Associates, Inc., from February 2007 through the present
PD.4071013.1
date, relating to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL
34285.
6 All documents that relate to and identify payments made by HVCV to Dr. Baga
between February 1, 2007 & December 31, 2008.
7 All documents that relate to and identify payments made by HVCV to Dr.
Bratschi between February 1, 2007 & December 31, 2008.
8 All documents that relate to and identify payments made by HVCV to all other
HVCV employee physicians or shareholder physicians, other than Dr. Baga or Dr. Bratschi
between February 1, 2007 & December 31, 2008.
9 All documents that relate to and identify the revenue generated for HVCV by
Dr. Bratschi between February 1, 2007 & December 31, 2008.
10. All documents that relate to and identify the revenue generated for HVCV by
Dr. Baga between February 1, 2007 & December 31, 2008.
11. All documents that relate to and identify the revenue generated for HVCV by
Dr. Basnight between February 1, 2007 & the present.
12. All documents that relate to and identify the revenue generated for HVCV by
HVCV employee physicians or shareholder physicians, other than Drs. Baga, Bratschi, and
Basnight between February 1, 2007 & the present.
13. All documents that relate to and identify the expenses charged to Dr. Baga by
HVCV between February 1, 2007 & the present.
14. All documents that relate to and identify the expenses charged to Dr. Basnight
by HVCV between February 1, 2007 & the present.
PD.4071013.1
15. All documents that relate to and identify the expenses charged to Dr. Bratschi by
HVCV between February 1, 2007 & the present.
16. HVCV’s federal tax returns for 2007, 2008, and 2009.
17, All documents relating to HVCV’s payment of any mold remediation and
investigation between 2005 and the present date.
18. HVCV’s annual financial statements indicating HVCV’s profit and expenses for
2007, 2008, and 2009.
19, HVCV’s monthly financial statements, indicating HVCV’s profits and expenses,
for 2010.
20. All documents that relate to worker compensation claims filed by any HVCV
employee(s) between January 1, 2001 & the present for injuries or health concerns relating
to mold.
21. All sub-leases entered into between HVCV and any other tenant for the office
space located at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285.
22. All documents that relate to and identify HVCV’s base rent increases related to
its tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285 from January 1, 2007
through the present.
23. All settlement agreement and releases entered into between HVCV and Dr.
Baga.
24, All settlement agreement and releases entered into between HVCV and Dr.
Bratschi.
25. All settlement agreement and releases entered into between HVCV and Dr.
Basnight.
PD.4071013.1
26. All documents that relate to HVCV’s monthly financial obligations that HVCV
has failed to meet in 2010.
PD.4071013.1
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT,
Plaintiffs,
V
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A., JOHN MOORE, and TERRI
COSTA,
Defendants. CASE NO. 2008 CA 18070
/
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A.,
Counter-Plaintiff,
V
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT.
Counter-Defendants.
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA:
TO: Robert Stanell
Christopher, Smith, Leonard, Bristow & Stanell, P.A.
1001 3"? Ave West, Suite 700
Bradenton, FL 34205
PLEASE TAKE NOTICE that you are to produce, within ten (10) days of the date of
service of this Subpoena, to the attorney whose name appears on the Subpoena, the
following:
——_
All income and/or revenue projections created for the Heart and Vascular Center
of Venice, P.A.’s (““HVCV”) between June 1, 2006 and February 23, 2007.
2 All communication with HVCV relating to any income and/or revenue
projections created between June 1, 2006 and February 23, 2007.
3 All other documents relating to any income and/or revenue projections created
for HVCV between June 1, 2006 and February 23, 2007.
4 All income and/or revenue projections created for Dr. Basnight between June 1,
2006 and February 23, 2007.
5 All communication with Dr. Basnight regarding any income and/or revenue
projections created between June 1, 2006 and February 23, 2007.
6 All documents relating to HVCV’s monthly income/ revenue in 2010.
7 All documents relating to HVCV’s monthly expenses in 2010.
8 HVCV’s annual financial statements indicating profit and expenses for 2007,
2008, and 2009.
9 All communication with Dr. Basnight, Ms. Basnight, or HVCV regarding
HVCV’s income / revenue and its ability to meet its monthly financial obligations from
2007 through the present.
10. All documents relating to communications with Dr. Basnight, Ms. Basnight, or
HVCV regarding HVCV’s abilities to meet it financial obligations to Tibar, LLC in 2010.
1}. All documents relating to the potential financial effects of Dr. and Ms.
Basnight’s purchase of the real property located at 1287 US 41 Bypass South, Venice, FL
34285.
These items will be inspected and may be copied at the time of production. You will
not be required to surrender the original items. You may condition the preparation of the
copies upon the payment in advance of the reasonable cost of preparation. You may mail or
deliver the copies to the attorney whose name appears on the Subpoena. 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. THIS WILL
NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to furnish the records as provided above or object to this Subpoena, YOU
MAY BE IN CONTEMPT OF COURT. You are subpoenaed by the attorney whose
name appears on this Subpoena and unless excused from this Subpoena by that attorney or
the Court, you shall respond to this Subpoena as directed.
DATED: August __, 2010.
FOR THE COURT:
PHELPS DUNBAR LLP
Lawrence P. Ingram Fla. Bar No. 855510
Jessica Kirkwood Alley Fla. Bar No.177059
100 South Ashley Drive « Suite 1900
Tampa, FL 33602-5311
(813) 472-7550
(813) 472-7570 (Fax)
Counsel for Defendants WILLIAMS,
PARKER, HARRISON, DIETZ & GETZEN,
P.A., JOHN MOORE, and TERRI COSTA
PD.4101637
— —-——_ — —_——_ —_ —— ee — — ——-— — — —— —- ——- —
RETURN OF SERVICE
County of Sarasota
iy
State of Florida Circuit Court
ll | | | ll |
Case Number: 08-CA-18070
Plaintiff:
LK2010004577
Tibar, LLC, Teresa Basnight and Michael A. Basnight,
VS.
Defendant:
Williams, Parker, Harrison, Dietz & Getzen, P.A., ef al
For:
Jessica Kirkwood Alley
Phelps Dunbar, LLP
100 South Ashley Drive
Suite 1900
Tampa, FL 33602
Received by S.L.K. INVESTIGATIONS on the 13th day of August, 2010 at 2:23 pm to be served on The Heart and
Vascular Center of Venice, P.A.- C/O Registered Agent: Dr. Michael Basnight, 1287 US Highway 41 Bypass
South, Venice, FL 34285.
|, Mike Barberio, do hereby affirm that on the 18th day of August, 2010 at 3:14 pm, I:
served an AUTHORIZED entity by delivering a true copy of the SUBPOENA DUCES TECUM WITHOUT
DEPOSITION and EXHIBIT A with the date and hour of service endorsed thereon by me, to: BARBARA
O'LEARY as FRONT DESK at the address of: 1287 US Highway 41 Bypass South, Venice, FL 34285, who
stated they are authorized to accept service for The Heart and Vascular Center of Venice, P.A.-, and informed
said person of the contents therein, in compliance with staie statutes.
Additional Information pertaining to this Service:
CONTACT PH# 941-497-551 1.
Description of Person Served: Age: 50+, Sex: F, Race/Skin Color: White, Height: SIT, Weight: ?, Hair: Brown,
Glasses: Y
| certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server in
good standing in the judicial circuit in which the process was served. Under penalties of perjury, | declare that | have
read the forgoing Verified Return of service and the facts stated in it are True.
Pursuant to F.S. 92. 525 (2) , Nota ry not requ ired . Date : ¥.f9 fe
Vike Barberio
CPS#0328
S.L.K. INVESTIGATIONS
2212 East 5th Ave.
Tampa, FL 33605
(813) 247-6250
Our Job Serial Number: SLK-2010004577
EXHIBIT
6
Copyright © 1992-2070 Database Services, Inc. - Process Server's Toolbox V6.4e
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT,
Plaintiffs,
Vv
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A., JOHN MOORE, and TERRI
COSTA,
Defendants. CASE NO. 2008 CA 18070
= A —_———
/
WILLIAMS, PARKER, HARRISON, DIETZ &
GETZEN, P.A.,
Counter-Plaintiff,
Vv
TIBAR, LLC, TERESA BASNIGHT, and
MICHAEL A. BASNIGHT.
Counter-Defendants.
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA:
TO: The Heart and Vascular Center of Venice, P.A.
c/o Dr. Michael Basnight, Registered Agent
1287 US Highway 41 Bypass South
Venice, FL 34285
PLEASE TAKE NOTICE that you are to produce, within ten (10) days of the date of
service of this Subpoena, to the attomey whose name appears on the Subpoena, all
documents identified on Exhibit “A,” attached hereto.
PD.4071013.1
These items will be inspected and may be copied at the time of production. You will
not be required to surrender the original items You may condition the preparation of the
copies upon the payment in advance of the reasonable cost of preparation. You may mail or
deliver the copies to the attorney whose name appears on the Subpoena. 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. THIS WILL
NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN
If you fail to furnish the records as provided above or object to this Subpoena, YOU
MAY BE IN CONTEMPT OF COURT. You are subpoenaed by the attorney whose
ame appears on this Subpoena and unless excused from this Subpoena by that attorney or
the Court, you shall respond to this Subpoena as directed
hi cast 7 *—
DATED ia 2010
FOR THE COURT
A ae
Lawrdnce P. Ingram,
1
.
‘ EBN: 85
Jessica Kirkwood Alley, Esq. FBN:17705
0
100 South Ashley Drive, Suite 1900
Tampa, Florida 33602-5311]
(813) 472-7550; (813) 472-7570 (FAX)
Counsel for Defendants Williams. Parker
Harrison, Dietz & Getzen. P.A.. John Moore
and Tem Costa
PD.4071013.1
EXHIBIT “A”
] All documents relating to rent payments made by the Heart and Vascular Center
of Venice, P.A. “HVCV”) to Tibar, LLC (“Tibar”), or Barry Edwards and Associates, Inc.
(“Barry Edwards”), from February 2007 through the present date, which arise out of or
relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285.
2 All documents relating to common area maintenance payments made by HVCV
to Tibar, or Barry Edwards, from February 2007 through the present date, which arise out of
or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285.
7
» All documents relating to any other payments made by HVCV to Tibar, or Barry
Edwards, other than those identified in request numbers | and 2, from February 2007
through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S.
Highway 41 Bypass South, Venice, FL 34285.
4 All documents, including but not limited to agreements, memorandums,
invoices, demands, or notices issued by Tibar, or Barry Edwards and Associates, Inc., to
HVCYV relating to monies due to Tibar from February 2007 through the present date, which
arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice,
FL 34285. Note, this request does not include a copy of the 1998 lease between the Heart
Center of Sarasota, Inc. and Commons Venice J, L.C., which was later assigned to HVCV
and assumed by Tibar in 2007, unless any modifications thereto have been made since
Tibar’s 2007 assumption.
5 All documents that identify the banking institution(s) and banking account
number(s) that HVCV has maintained funds at, from which payments were made by HVCV
to Tibar, or Barry Edwards and Associates, Inc., from February 2007 through the present
PD ,4071013.1
date, relating to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL
34285.
6 All documents that relate to and identify payments made by HVCV to Dr. Baga
between Iebruary 1, 2007 & December 31, 2008.
7 All documents that relate to and identify payments made by HVCV to Dr.
Bratschi between February 1, 2007 & December 31, 2008.
& All documents that relate to and identify payments made by HVCV to all other
HVCV employee physicians or shareholder physicians, other than Dr. Baga or Dr. Bratschi
between February 1, 2007 & December 31, 2008.
9 All documents that relate to and identify the revenue generated for HVCV by
Dr. Bratschi between February 1, 2007 & December 31, 2008.
1Q. All documents that relate to and identify the revenue generated for HVCV by
Dr. Baga between February 1, 2007 & December 31, 2008.
11. All documents that relate to and identify the revenue generated for HVCV by
Dr. Basnight between February 1, 2007 & the present.
12. All documents that relate to and identify the revenue generated for HVCV by
HVCV employee physicians or shareholder physicians, other than Drs. Baga, Bratschi, and
Basnight between February 1, 2007 & the present.
13. All documents that relate to and identify the expenses charged to Dr. Baga by
HVCV between February 1, 2007 & the present.
14. All documents that relate to and identify the expenses charged to Dr. Basnight
by HVCV between February 1, 2007 & the present.
PD.4071013.]
15. All documents that relate to and identify the expenses charged to Dr. Bratschi by
HVCV between February 1, 2007 & the present.
16. HVCV’s federal tax returns for 2007, 2008, and 2009.
17, All documents relating to HVCV’s payment of any mold remediation and
investigation between 2005 and the present date.
18. HVCV’s annual financial statements indicating HVCV’s profit and expenses for
2007, 2008, and 2009.
19. HVCY’s monthly financial statements, indicating HVCV’s profits and expenses,
for 2010.
20. All documents that relate to worker compensation claims filed by any HVCV
employee(s) between January 1, 2001 & the present for injuries or health concerns relating
to mold.
21. All sub-leases entered into between HVCV and any other tenant for the office
space located at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285.
22. All documents that relate to and identify HVCV’s base rent increases related to
its tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285 from January 1, 2007
through the present.
23. _All settlement agreement and releases entered into between HVCV and Dr.
Baga.
24. All settlement agreement and releases entered into between HVCV and Dr.
Bratschi.
25. All settlement agreement and releases entered into between HVCV and Dr.
Basnight.
PD.4071013.1
— —
26. All documents that relate to HVCV’s monthly financial obligations that HVCV
has failed to meet in 2010.
PD.4071013.1
a —- -_—
PHELPS DUNBAR LEP
Louisiana | Mississippi: {| Texas | Florida | Alabama | London
SHANNON A. SEIFTHER
Associate September 24, 2010
£813} 472-7856 17541-0174
seithers@phelps.com
VIA MAIL
Linda Ogilbee
The Heart and Vascular Center of Venice, P.A.
c/o Dr. Michael Basnight, Registered Agent
1287 US Highway 41 Bypass South
Venice, FL 34285
RE Basnight, et al. v. Williams Parker Harrison, Dietz & Getzen, P.A., et al.
Case No.: 2008 CA 18070; Twelfth Judicial Circuit Court, Sarasota, Florida
Dear Ms. Ogilbee:
On August 18, 2010, Barbara O’Leary of your office accepted service of a Subpoena
Duces Tecum Without Deposition, a copy of which is enclosed for your reference, for records
outlined in the Subpoena. To date, we have not received any response from your office to our
Subpoena. Please note that the ten (10) days allowed for your response has passed. Please
provide copies of the documents responsive to the Subpoena no later than October 1, 2010 so
that it will not be necessary to file a motion to compel.
Thank you for your attention to this matter. If, of course, you have any questions, please
do not hesitate to call our office.
Sincerely,
Sh CMAN £
Shannon A. Seither
SAS/tl
Enclosure
EXHIBIT
C
COUNSELORS AT LAW
100 South Ashley Drive, Suite 1900 | Tampa, Florida 33602-5311 | 813-472-7550 | 813-472-7570 Fax | phelpsdunbar.com
PD.4209108.1
Preview
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT, a 2? Ce om wt we f) Plaintiffs, awe, ~-, qv oo oo wee] ne jee EY Vv o> ¢ cv et m7 an. rq WILLIAMS, PARKER, HARRISON, DIETZ & ooran§ a ——_ a C wi GETZEN, P.A., JOHN MOORE, and TERRI LJ rt gk 6 co cK. UO COSTA, ot? C3 Defendants. CASE NO. 2008 CA 18070 aero / WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., Counter-Plaintiff, V TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT, Counter-Defendants. / INITIAL MOTION FOR EX PARTE ORDER TO COMPEL DISCOVERY FROM NON-PARTY HVCV Defendant, Williams, Parker, Harrison, Dietz & Getzen, P.A. (“WPHDG”), by and through its undersigned counsel hereby moves this Court for entry of an ex parte order pursuant to Rule 1.380, Fla.R.Civ.P., compelling non-party, the Heart and Vascular Center of Venice, P.A. (“HVCV”), to comply with the following outstanding discovery request within fifteen (15) days and, as grounds therefore, avers as follows: l On the 3rd day of August 2010, WPHDG served upon Plaintiffs a notice of non- party production directed to HVCV. Plaintiffs did not object to the notice. A copy of the notice 3i of non-party production is attached hereto as Exhibit A. | iN W i e C | | PD.4251424 _——. — —_— — —— ——— 2 Accordingly, on the 18th day of August 2010, WPHDG served upon non-party HVCV via a process server, the following discovery request: a Subpoena Duces Tecum Without Deposition, dated August 13, 2010. A copy of the proof of service and subpoena are attached hereto as Composite Exhibit B. 3 Undersigned counsel hereby certifies that as of this date there has been no response or objections to the discovery request by HVCV, nor has any motion for protective order been filed on HVCV’s behalf. Counsel further certifies her office has personally contacted or made a good faith attempt to contact HVCV to secure the requested discovery prior to the filing of this motion. See correspondence attached hereto as Exhibit C. 4 In light of a recent production from Plaintiffs and non-party Bob Stanell, the requests to which WPHDG seeks responses from non-party HVCV to can be narrowed to nos. 4, 20, 21, 23, 24, and 25, which are identified below as follows: 4 All documents, including but not limited to agreements, memorandums, invoices, demands, or notices issued by Tibar, or Barry Edwards and Associates, Inc., to HVCV relating to monies due to Tibar from February 2007 through the present date, which arise out of or relate to HVCV’s tenancy at 1287 US. Highway 41 Bypass South, Venice, FL 34285. Note, this request does not include a copy of the 1998 lease between the Heart Center of Sarasota, Inc. and Commons Venice I, L.C., which was later assigned to HVCV and assumed by Tibar in 2007, unless any modifications thereto have been made since Tibar’s 2007 assumption. 20. All documents that relate to worker compensation claims filed by any HVCV employee(s) between January 1, 2001 & the present for injuries or health concerns relating to mold. 21. All sub-leases entered into between HVCV and any other tenant for the office space located at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 23. All settlement agreement and releases entered into between HVCV and Dr. Baga. 24. All settlement agreement and releases entered into between HVCV and Dr. Bratschi. PD.4251424 29. All settlement agreement and releases entered into between HVCV and Dr. Basnight. 5 In the event that HVCV does not possess any responsive documents it should respond accordingly. The undersigned therefore moves this court for an ex parte order requiring that a response be filed to the outstanding discovery within fifteen (15) days from the date of this order. Respectfully submitted, PHELPS DUNBAR LLP Aho KK AX i _- L awrence P. Ingram, Esq. FBN: 855510 Jessica Kirkwood Alley, Esq. FBN: 177059 Shannon A. Seither, Esq. FBN: 036466 100 South Ashley Drive ¢ Suite 1900 Tampa, FL 33602-5311 (813) 472-7550; (813) 472-7570 (facsimile) Counsel for Defendants, WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., JOHN MOORE, and TERRI COSTA PD.4251424 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been served on: Wayne Alder The Heart and Vascular Center of Venice, P.A. Seiden, Alder, Matthewman & Bloch P.A. c/o Dr. Michael Basnight, Registered Agent 7795 N.W. Beacon Square Blvd., Suite 1287 US Highway 41 Bypass Sout #201 Venice, FL 34285 . Boca Raton, FL 33487 (561) 416-0171 (FAX) by facsimile and U.S. Mail on this 14th day of October, 2010. AOU Shannon Seither, Esq. FBN: 36466 PD.4251424 IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT, Plaintiffs, Vv WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., JOHN MOORE, and TERRI COSTA, Defendants. CASE NO. 2008 CA 18070 — / WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., Counter-Plaintiff, Vv TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT, Counter-Defendants. / EX PARTE ORDER GRANTING INITIAL MOTION TO COMPEL DISCOVERY THIS CAUSE came before the Court on Initial Motion for Ex Parte Order to Compel Discovery. The Court has reviewed the motion, and movant’s attorney has certified that discovery was propounded on August 18, 2010, that the statutory response time has expired, that no response, objections or motion for protective order have been filed and that a good faith attempt was made prior to the filing of the motion to secure discovery. It is therefore PD.4251424 —— ORDERED AND ADJUDGED that the Motion is GRANTED and that the Heart and Vascular Center of Venice, P.A. shall respond to the outstanding discovery, request nos. 4, 20, 21, 23, 24, and 25, within fifteen (15) days of this order. It is further ORDERED AND ADJUDGED that upon failure of Respondent to comply with this order, Movant is advised to file a Certificate of Noncompliance along with a Second Motion for Ex Parte Order to Compel Discovery and For Reasonable Expenses on the standard form provided by the Court. At such time, the Court may award expenses, including attorney’s fees. DONE AND ORDERED in Chambers at Sarasota, Sarasota County, Florida this day of , 2010. Circuit Judge Copies to: The Heart and Vascular Center of Venice, P.A. Lawrence Ingram, Esq. Wayne Alder, Esq. PD.4251424 -— _—_. — — —--—___ — SS -- IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT, Plaintiffs, V WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., JOHN MOORE, and TERRI COSTA, Defendants. CASE NO. 2008 CA 18070 / WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., Counter-Plaintiff, Vv TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT. Counter-Defendants. NOTICE OF PRODUCTION FROM NON-PARTY YOU ARE NOTIFIED that after 10 days from the date of service of this Notice, if service is by delivery, or 15 days from the date of service, if service is by mail, and if no objection is received from any party, the undersigned will issue or apply to the Clerk of this Court for issuance of the attached subpoenas directed to: 1) the Heart and Vascular Center of Venice, P.A., who is not a party and whose address is, 1287 US Highway 41 Bypass South, Venice, FL 34285; and 2) Robert Stanell, Christopher, Smith, Leonard, Bristow & EXHIBIT PD.4093488.1 A Stanell, P.A., who is not a party and whose address is, 1001 3rd Ave West, Suite 700 Bradenton, FL 34205, to produce the items listed at the time and place specified in the subpoenas Respectfully submitted PHELPS DUNBAR LLP Aber LawrenceP. Ingram, Esq. aN 5 510 Jessica Kirkwood Alley, Esq. FBN:1 O59 100 South Ashley Drive, Suite 1900 Tampa, Florida 33602-5311 (813) 472-7550; (813) 472-7570 (FAX) Counsel for Defendants Williams Parker Harrison, Dietz & Getzen, P.A., John Moore and Tern Costa CERTIFICATE OF SERVICE I hereby certify that the foregoing has been served on: Wayne Alder, Esq., Seiden Alder, Matthewman & Bloch, P.A.., 7795 N.W. Beacon Square Blvd., Suite 201, Boca Raton, FL 33487, by facsimile and regular U. S. Mail, this 2s of August 2010. Attomey hee i> PD.4093488. 1 IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT, Plaintiffs, Vv WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., JOHN MOORE, and TERRI COSTA, Defendants. CASE NO. 2008 CA 18070 a / WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., Counter-Plaintiff, Vv TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT. Counter-Defendants. SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA: TO: The Heart and Vascular Center of Venice, P.A. c/o Dr. Michael Basnight, Registered Agent 1287 US Highway 41 Bypass South Venice, FL 34285 PLEASE TAKE NOTICE that you are to produce, within ten (10) days of the date of service of this Subpoena, to the attorney whose name appears on the Subpoena, all documents identified on Exhibit “A,” attached hereto. PD.4071013.3 These items will be inspected and may be copied at the time of production. You will not be required to surrender the original items. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on the Subpoena. You have the right to object to the production pursuant to this Subpoena at any time before production by giving written notice to the attomey whose name appears on this Subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to furnish the records as provided above or object to this Subpoena, YOU MAY BE IN CONTEMPT OF COURT. You are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by that attorney or the Court, you shall respond to this Subpoena as directed. DATED: July 2010. FOR THE COURT: Lawrence P. Ingram, Esq. FBN: 855510 Jessica Kirkwood Alley, Esq. FBN:177059 100 South Ashley Drive, Suite 1900 Tampa, Florida 33602-5311 (813) 472-7550; (813) 472-7570 (FAX) Counsel for Defendants Williams Parker, Harrison, Dietz & Getzen, P.A., John Moore, and Terri Costa PD.4071013.1 $$ EXHIBIT “A” ] All documents relating to rent payments made by the Heart and Vascular Center of Venice, P.A. “HVCV”) to Tibar, LLC (“Tibar”), or Barry Edwards and Associates, Inc. (“Barry Edwards”), from February 2007 through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 2 All documents relating to common area maintenance payments made by HVCV to Tibar, or Barry Edwards, from February 2007 through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 3 All documents relating to any other payments made by HVCV to Tibar, or Barry Edwards, other than those identified in request numbers 1 and 2, from February 2007 through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 4 All documents, including but not limited to agreements, memorandums, invoices, demands, or notices issued by Tibar, or Barry Edwards and Associates, Inc., to HVCYV relating to monies due to Tibar from February 2007 through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. Note, this request does not include a copy of the 1998 lease between the Heart Center of Sarasota, Inc. and Commons Venice I, L.C., which was later assigned to HVCV and assumed by Tibar in 2007, unless any modifications thereto have been made since Tibar’s 2007 assumption. 5 All documents that identify the banking institution(s) and banking account number(s) that HVCV has maintained funds at, from which payments were made by HVCV to Tibar, or Barry Edwards and Associates, Inc., from February 2007 through the present PD.4071013.1 date, relating to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 6 All documents that relate to and identify payments made by HVCV to Dr. Baga between February 1, 2007 & December 31, 2008. 7 All documents that relate to and identify payments made by HVCV to Dr. Bratschi between February 1, 2007 & December 31, 2008. 8 All documents that relate to and identify payments made by HVCV to all other HVCV employee physicians or shareholder physicians, other than Dr. Baga or Dr. Bratschi between February 1, 2007 & December 31, 2008. 9 All documents that relate to and identify the revenue generated for HVCV by Dr. Bratschi between February 1, 2007 & December 31, 2008. 10. All documents that relate to and identify the revenue generated for HVCV by Dr. Baga between February 1, 2007 & December 31, 2008. 11. All documents that relate to and identify the revenue generated for HVCV by Dr. Basnight between February 1, 2007 & the present. 12. All documents that relate to and identify the revenue generated for HVCV by HVCV employee physicians or shareholder physicians, other than Drs. Baga, Bratschi, and Basnight between February 1, 2007 & the present. 13. All documents that relate to and identify the expenses charged to Dr. Baga by HVCV between February 1, 2007 & the present. 14. All documents that relate to and identify the expenses charged to Dr. Basnight by HVCV between February 1, 2007 & the present. PD.4071013.1 15. All documents that relate to and identify the expenses charged to Dr. Bratschi by HVCV between February 1, 2007 & the present. 16. HVCV’s federal tax returns for 2007, 2008, and 2009. 17, All documents relating to HVCV’s payment of any mold remediation and investigation between 2005 and the present date. 18. HVCV’s annual financial statements indicating HVCV’s profit and expenses for 2007, 2008, and 2009. 19, HVCV’s monthly financial statements, indicating HVCV’s profits and expenses, for 2010. 20. All documents that relate to worker compensation claims filed by any HVCV employee(s) between January 1, 2001 & the present for injuries or health concerns relating to mold. 21. All sub-leases entered into between HVCV and any other tenant for the office space located at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 22. All documents that relate to and identify HVCV’s base rent increases related to its tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285 from January 1, 2007 through the present. 23. All settlement agreement and releases entered into between HVCV and Dr. Baga. 24, All settlement agreement and releases entered into between HVCV and Dr. Bratschi. 25. All settlement agreement and releases entered into between HVCV and Dr. Basnight. PD.4071013.1 26. All documents that relate to HVCV’s monthly financial obligations that HVCV has failed to meet in 2010. PD.4071013.1 IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT, Plaintiffs, V WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., JOHN MOORE, and TERRI COSTA, Defendants. CASE NO. 2008 CA 18070 / WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., Counter-Plaintiff, V TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT. Counter-Defendants. SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA: TO: Robert Stanell Christopher, Smith, Leonard, Bristow & Stanell, P.A. 1001 3"? Ave West, Suite 700 Bradenton, FL 34205 PLEASE TAKE NOTICE that you are to produce, within ten (10) days of the date of service of this Subpoena, to the attorney whose name appears on the Subpoena, the following: ——_ All income and/or revenue projections created for the Heart and Vascular Center of Venice, P.A.’s (““HVCV”) between June 1, 2006 and February 23, 2007. 2 All communication with HVCV relating to any income and/or revenue projections created between June 1, 2006 and February 23, 2007. 3 All other documents relating to any income and/or revenue projections created for HVCV between June 1, 2006 and February 23, 2007. 4 All income and/or revenue projections created for Dr. Basnight between June 1, 2006 and February 23, 2007. 5 All communication with Dr. Basnight regarding any income and/or revenue projections created between June 1, 2006 and February 23, 2007. 6 All documents relating to HVCV’s monthly income/ revenue in 2010. 7 All documents relating to HVCV’s monthly expenses in 2010. 8 HVCV’s annual financial statements indicating profit and expenses for 2007, 2008, and 2009. 9 All communication with Dr. Basnight, Ms. Basnight, or HVCV regarding HVCV’s income / revenue and its ability to meet its monthly financial obligations from 2007 through the present. 10. All documents relating to communications with Dr. Basnight, Ms. Basnight, or HVCV regarding HVCV’s abilities to meet it financial obligations to Tibar, LLC in 2010. 1}. All documents relating to the potential financial effects of Dr. and Ms. Basnight’s purchase of the real property located at 1287 US 41 Bypass South, Venice, FL 34285. These items will be inspected and may be copied at the time of production. You will not be required to surrender the original items. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on the Subpoena. 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. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to furnish the records as provided above or object to this Subpoena, YOU MAY BE IN CONTEMPT OF COURT. You are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by that attorney or the Court, you shall respond to this Subpoena as directed. DATED: August __, 2010. FOR THE COURT: PHELPS DUNBAR LLP Lawrence P. Ingram Fla. Bar No. 855510 Jessica Kirkwood Alley Fla. Bar No.177059 100 South Ashley Drive « Suite 1900 Tampa, FL 33602-5311 (813) 472-7550 (813) 472-7570 (Fax) Counsel for Defendants WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., JOHN MOORE, and TERRI COSTA PD.4101637 — —-——_ — —_——_ —_ —— ee — — ——-— — — —— —- ——- — RETURN OF SERVICE County of Sarasota iy State of Florida Circuit Court ll | | | ll | Case Number: 08-CA-18070 Plaintiff: LK2010004577 Tibar, LLC, Teresa Basnight and Michael A. Basnight, VS. Defendant: Williams, Parker, Harrison, Dietz & Getzen, P.A., ef al For: Jessica Kirkwood Alley Phelps Dunbar, LLP 100 South Ashley Drive Suite 1900 Tampa, FL 33602 Received by S.L.K. INVESTIGATIONS on the 13th day of August, 2010 at 2:23 pm to be served on The Heart and Vascular Center of Venice, P.A.- C/O Registered Agent: Dr. Michael Basnight, 1287 US Highway 41 Bypass South, Venice, FL 34285. |, Mike Barberio, do hereby affirm that on the 18th day of August, 2010 at 3:14 pm, I: served an AUTHORIZED entity by delivering a true copy of the SUBPOENA DUCES TECUM WITHOUT DEPOSITION and EXHIBIT A with the date and hour of service endorsed thereon by me, to: BARBARA O'LEARY as FRONT DESK at the address of: 1287 US Highway 41 Bypass South, Venice, FL 34285, who stated they are authorized to accept service for The Heart and Vascular Center of Venice, P.A.-, and informed said person of the contents therein, in compliance with staie statutes. Additional Information pertaining to this Service: CONTACT PH# 941-497-551 1. Description of Person Served: Age: 50+, Sex: F, Race/Skin Color: White, Height: SIT, Weight: ?, Hair: Brown, Glasses: Y | certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server in good standing in the judicial circuit in which the process was served. Under penalties of perjury, | declare that | have read the forgoing Verified Return of service and the facts stated in it are True. Pursuant to F.S. 92. 525 (2) , Nota ry not requ ired . Date : ¥.f9 fe Vike Barberio CPS#0328 S.L.K. INVESTIGATIONS 2212 East 5th Ave. Tampa, FL 33605 (813) 247-6250 Our Job Serial Number: SLK-2010004577 EXHIBIT 6 Copyright © 1992-2070 Database Services, Inc. - Process Server's Toolbox V6.4e IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT, Plaintiffs, Vv WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., JOHN MOORE, and TERRI COSTA, Defendants. CASE NO. 2008 CA 18070 = A —_——— / WILLIAMS, PARKER, HARRISON, DIETZ & GETZEN, P.A., Counter-Plaintiff, Vv TIBAR, LLC, TERESA BASNIGHT, and MICHAEL A. BASNIGHT. Counter-Defendants. SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA: TO: The Heart and Vascular Center of Venice, P.A. c/o Dr. Michael Basnight, Registered Agent 1287 US Highway 41 Bypass South Venice, FL 34285 PLEASE TAKE NOTICE that you are to produce, within ten (10) days of the date of service of this Subpoena, to the attomey whose name appears on the Subpoena, all documents identified on Exhibit “A,” attached hereto. PD.4071013.1 These items will be inspected and may be copied at the time of production. You will not be required to surrender the original items You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on the Subpoena. 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. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN If you fail to furnish the records as provided above or object to this Subpoena, YOU MAY BE IN CONTEMPT OF COURT. You are subpoenaed by the attorney whose ame appears on this Subpoena and unless excused from this Subpoena by that attorney or the Court, you shall respond to this Subpoena as directed hi cast 7 *— DATED ia 2010 FOR THE COURT A ae Lawrdnce P. Ingram, 1 . ‘ EBN: 85 Jessica Kirkwood Alley, Esq. FBN:17705 0 100 South Ashley Drive, Suite 1900 Tampa, Florida 33602-5311] (813) 472-7550; (813) 472-7570 (FAX) Counsel for Defendants Williams. Parker Harrison, Dietz & Getzen. P.A.. John Moore and Tem Costa PD.4071013.1 EXHIBIT “A” ] All documents relating to rent payments made by the Heart and Vascular Center of Venice, P.A. “HVCV”) to Tibar, LLC (“Tibar”), or Barry Edwards and Associates, Inc. (“Barry Edwards”), from February 2007 through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 2 All documents relating to common area maintenance payments made by HVCV to Tibar, or Barry Edwards, from February 2007 through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 7 » All documents relating to any other payments made by HVCV to Tibar, or Barry Edwards, other than those identified in request numbers | and 2, from February 2007 through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 4 All documents, including but not limited to agreements, memorandums, invoices, demands, or notices issued by Tibar, or Barry Edwards and Associates, Inc., to HVCYV relating to monies due to Tibar from February 2007 through the present date, which arise out of or relate to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. Note, this request does not include a copy of the 1998 lease between the Heart Center of Sarasota, Inc. and Commons Venice J, L.C., which was later assigned to HVCV and assumed by Tibar in 2007, unless any modifications thereto have been made since Tibar’s 2007 assumption. 5 All documents that identify the banking institution(s) and banking account number(s) that HVCV has maintained funds at, from which payments were made by HVCV to Tibar, or Barry Edwards and Associates, Inc., from February 2007 through the present PD ,4071013.1 date, relating to HVCV’s tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 6 All documents that relate to and identify payments made by HVCV to Dr. Baga between Iebruary 1, 2007 & December 31, 2008. 7 All documents that relate to and identify payments made by HVCV to Dr. Bratschi between February 1, 2007 & December 31, 2008. & All documents that relate to and identify payments made by HVCV to all other HVCV employee physicians or shareholder physicians, other than Dr. Baga or Dr. Bratschi between February 1, 2007 & December 31, 2008. 9 All documents that relate to and identify the revenue generated for HVCV by Dr. Bratschi between February 1, 2007 & December 31, 2008. 1Q. All documents that relate to and identify the revenue generated for HVCV by Dr. Baga between February 1, 2007 & December 31, 2008. 11. All documents that relate to and identify the revenue generated for HVCV by Dr. Basnight between February 1, 2007 & the present. 12. All documents that relate to and identify the revenue generated for HVCV by HVCV employee physicians or shareholder physicians, other than Drs. Baga, Bratschi, and Basnight between February 1, 2007 & the present. 13. All documents that relate to and identify the expenses charged to Dr. Baga by HVCV between February 1, 2007 & the present. 14. All documents that relate to and identify the expenses charged to Dr. Basnight by HVCV between February 1, 2007 & the present. PD.4071013.] 15. All documents that relate to and identify the expenses charged to Dr. Bratschi by HVCV between February 1, 2007 & the present. 16. HVCV’s federal tax returns for 2007, 2008, and 2009. 17, All documents relating to HVCV’s payment of any mold remediation and investigation between 2005 and the present date. 18. HVCV’s annual financial statements indicating HVCV’s profit and expenses for 2007, 2008, and 2009. 19. HVCY’s monthly financial statements, indicating HVCV’s profits and expenses, for 2010. 20. All documents that relate to worker compensation claims filed by any HVCV employee(s) between January 1, 2001 & the present for injuries or health concerns relating to mold. 21. All sub-leases entered into between HVCV and any other tenant for the office space located at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285. 22. All documents that relate to and identify HVCV’s base rent increases related to its tenancy at 1287 U.S. Highway 41 Bypass South, Venice, FL 34285 from January 1, 2007 through the present. 23. _All settlement agreement and releases entered into between HVCV and Dr. Baga. 24. All settlement agreement and releases entered into between HVCV and Dr. Bratschi. 25. All settlement agreement and releases entered into between HVCV and Dr. Basnight. PD.4071013.1 — — 26. All documents that relate to HVCV’s monthly financial obligations that HVCV has failed to meet in 2010. PD.4071013.1 a —- -_— PHELPS DUNBAR LEP Louisiana | Mississippi: {| Texas | Florida | Alabama | London SHANNON A. SEIFTHER Associate September 24, 2010 £813} 472-7856 17541-0174 seithers@phelps.com VIA MAIL Linda Ogilbee The Heart and Vascular Center of Venice, P.A. c/o Dr. Michael Basnight, Registered Agent 1287 US Highway 41 Bypass South Venice, FL 34285 RE Basnight, et al. v. Williams Parker Harrison, Dietz & Getzen, P.A., et al. Case No.: 2008 CA 18070; Twelfth Judicial Circuit Court, Sarasota, Florida Dear Ms. Ogilbee: On August 18, 2010, Barbara O’Leary of your office accepted service of a Subpoena Duces Tecum Without Deposition, a copy of which is enclosed for your reference, for records outlined in the Subpoena. To date, we have not received any response from your office to our Subpoena. Please note that the ten (10) days allowed for your response has passed. Please provide copies of the documents responsive to the Subpoena no later than October 1, 2010 so that it will not be necessary to file a motion to compel. Thank you for your attention to this matter. If, of course, you have any questions, please do not hesitate to call our office. Sincerely, Sh CMAN £ Shannon A. Seither SAS/tl Enclosure EXHIBIT C COUNSELORS AT LAW 100 South Ashley Drive, Suite 1900 | Tampa, Florida 33602-5311 | 813-472-7550 | 813-472-7570 Fax | phelpsdunbar.com PD.4209108.1