Preview
Filing # 104190903 E-Filed 03/02/2020 03:57:27 PM
CASE NO. 50-2018-CA-15763-XXXX-MB
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO. 50-2018-CA-15763-XXXXK-MB
ELIZABETH L. BALZARANO, Individually,
and as Personal Representative of the ESTATE
OF MICHELLE L. BALZARANO,
Plaintiff(s),
VS.
LIFELINE RECOVERY, LLC d/b/a LIFELINE
RECOVERY SUPPORT SERVICES a Foreign
Corporation; JOHN BROGAN; LIFE CHANGES
ADDICTION TREATMENT CENTER OF THE
PALM BEACHES; AND CAMERON VILLA,
LLC, a Florida Corporation,
Defendant(s),
/
NOTICE OF PRODUCTION FROM NON-PARTY
TO ALL PARTIES:
YOU ARE NOTIFIED that after 10 days from the date of service of this Notice, if
service is by delivery or Electronic service, 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 subpoena(s)
directed to:
1) OFFICE OF THE DISTRICT MEDICAL EXAMINER
2) PALM SPRINGS POLICE DEPT.
3) PALM BEACH COUNTY FIRE RESCUE
4) SUBWAY RESTAURANT
5) SUBWAY RESTAURANT
6) SUBWAY RESTAURANT
who are not parties, to produce the items listed at the time and place specified in the subpoena(s).
REF. # 47360
DES2
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 03/02/2020 03:57:27 PM ***CASE NO. 50-2018-CA-15763-XXXX-MB
CERTIFICATE OF SERVICE
arn, 2090
I HEREBY CERTIFY that on the Byrd day of San 2049, a true and correct copy
of the foregoing has been furnished by electronic mail (email) at e-mail address: THOMAS
SCOLARO, ESQUIRE, LEESFIELD SCOLARO, 2350 S. DIXIE HIGHWAY, MIAMI, FL
331332314, (305)854-4900, Primary Email: scolaro@leesfield.com; WILLIAM P.
MCCAUGHAN, ESQUIRE, FARRELL PATEL JOMARRON & LOPEZ, 4300 BISCAYNE
BOULEVARD SUITE 305, MIAMI, FL 33137, (305)717-7530, Primary Email:
eservice@justice360.com, Secondary e-mail: wmccaughan@justice360.com; THOMAS D.
GRAHAM, ESQUIRE, LEESFIELD SCOLARO, 2350 S, DIXIE HIGHWAY, MIAMI, FL
33133, (305)854-4900, Primary Email: graham@leesfield.com; and I electronically filed the
foregoing with the Clerk of PALM BEACH COUNTY by using the Florida courts eFiling Portal.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendants, LIFE CHANGES ADDICTION
TREATMENT CENTER OF THE PALM BEACHES
Cole, Scott & Kissane Building
9150 South Dadeland Boulevard, Suite 1400
P.O, Box 569015
Miami, Florida 33256
Telephone (954) 703-3770
Facsimile (305) 373-2294
Primary e-mail: alyssa.tornberg@csklegal.com
Secondary e-mail: jonathan.midwall@csklegal.com
Alternate e-mail: omaira.garcia@csklegal.com
By:
JONATHAN M. MIDWALL, ESQUIRE
Florida Bar No. 182011
ALYSSA M, TORNBERG, ESQUIRE
Florida Bar No. 127409
REF. # 47360
DES2CASE NO. 50-2018-CA-15763-XXXX-MB
CERTIFICATE OF HIPAA SATISFACTORY ASSURANCES
(This certification must be completed fully and signed by an attorney to be valid.)
ELIZABETH L. BALZARANO, Individually, and as Personal Representative, 50-2018-CA-15763-XXX
et.al. vs. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY (Docket Number)
SUPPORT SERVICES, et. al.
(Case Name)
MICHELE BALZARANO NA
(Patient Name) (Pat Med Rec/Acct No.)
CERTIFICATION
[ hereby certify that the representations below are true and correct based upon my persona! knowledge; that 1 have reviewed
the applicable privacy regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and
164; that | have complied with the regulations and its requirements to obtain patient health information; and that 1 will comply with
state and federal privacy laws as to any patient health information that I receive. | further certify the following;
1 T have used reasonable efforts and made a good faith attempt to notify patient or personal representative in writing
by serving written notice of my intent to obtain patient’s health information to patient or personal representative at
this address: ary Email: scolaro@leesfield.com; 2350 S, DIXIE HIGHWAY, MIAMI, FL 331332314 (or if
patient’s location is unknown, to mail a notice to the patient’s last known address listed above) by e-mail and/or
mail on « (Date)
2. This written notice provided sufficient information about this litigation or proceeding in which the patient’s health
information is requested to permit the patient or personal representative to raise objections in the appropriate court
or administrative tribunal within the required time under Fla.R.Civ.P. 1.351 or other applicable rule from the date of
service of the notice of intent.
3. The deadline for the patient or personal representative to object to the notice of intent under Fla.R.Civ.P. 1.351 or
other applicable rule was set forth in the notice, which indicated that the deadline expired on
. (Date)
4, Objections (Must initial one.)
A Patient or personal representative did not file any objections,
OR
B. Patient or personal representative filed objections with the court or administrative tribunal; the
objections have been resolved by the court or administrative tribunal; there are no further
objections pending or requiring resolution; and the disclosures of patient health information being
sought are consistent with such resolution(s).
St I have attached the subpoena or other lawful process, and the notice of intent with this certification,
Signature of Attorney Date
MUST BEAR SIGNATURE OF ATTORNEY ONLY
JONATHAN M. MIDWALL, ESQUIRE
Florida Bar No. 182011
ALYSSA M. TORNBERG, ESQUIRE
Florida Bar No. 127409
COLE, SCOTT & KISSANE, P.A.
Attorneys For Defendant(s)
(305)350-5300
REF. # 47360
DES4CASE NO. 50-2018-CA-15763-XXXX-MB
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO, 50-2018-CA-15763-XXXX-MB
ELIZABETH L. BALZARANO, Individually,
and as Personal Representative of the ESTATE
OF MICHELLE L. BALZARANO,
Plaintiff(s),
vs.
LIFELINE RECOVERY, LLC d/b/a LIFELINE
RECOVERY SUPPORT SERVICES a Foreign
Corporation; JOHN BROGAN; LIFE CHANGES
ADDICTION TREATMENT CENTER OF THE
PALM BEACHES; AND CAMERON VILLA,
LLC, a Florida Corporation,
Defendant(s),
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(RECORDS MAIL IN ONLY)
THE STATE OF FLORIDA:
To: The Records Custodian for:
OFFICE OF THE DISTRICT MEDICAL EXAMINER
3126 GUN CLUB ROAD
WEST PALM BEACH, FL 33406
YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC.,
7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this
Subpoena, and to have with you at that time and place the following:
All autopsy reports, investigation records and photographs, pertaining to MICHELE
BALZARANO, DOB: 03/10/1983,
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of the
items to be produced to THE MCS GROUP, INC., on behalf of 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 the payment in advance of the reasonable cost of preparation. You may mail or deliver
the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126
and thereby eliminate your appearance at the time and place specified above. Prior approval required
for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena
REF. # 47360-24
' SuI4CASE NO. 50-2018-CA-15763-XXXX-MB
at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT
BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear as specified; or
(2) _ furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you shall respond to this subpoena as
directed.
DATED ON.
JONATHAN M. MIDWALL, ESQUIRE
Florida Bar No. 182011
ALYSSA M. TORNBERG, ESQUIRE
Florida Bar No. 127409
COLE, SCOTT & KISSANE, P.A.
Attorneys for Defendant(s)
c/o THE MCS GROUP, INC.
7925 NW 12TH STREET, SUITE 318
MIAMI, FL 33126
(305)374-1166
REF, # 47360-24
SUl4CASE NO. 50-2018-CA-15763-XXXX-MB
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA.
CASE NO. 50-2018-CA-15763-XXXX-MB
ELIZABETH L. BALZARANO, Individually,
and as Personal Representative of the ESTATE
OF MICHELLE L. BALZARANO,
Plaintiff(s),
vs.
LIFELINE RECOVERY, LLC d/b/a LIFELINE
RECOVERY SUPPORT SERVICES a Foreign
Corporation; JOHN BROGAN; LIFE CHANGES
ADDICTION TREATMENT CENTER OF THE
PALM BEACHES; AND CAMERON VILLA,
LLC, a Florida Corporation,
Defendant(s),
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(RECORDS MAIL IN ONLY)
THE STATE OF FLORIDA:
To: The Records Custodian for:
PALM SPRINGS POLICE DEPT.
230 CYPRESS LANE
PALM SPRINGS, FL 33461
YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC.,
7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this
Subpoena, and to have with you at that time and place the following:
Any and all documents including, but not limited to, offense/incident reports, arrest
records, police reports, criminal records, case dispositions, photographs, witness statements,
probation records, correctional records, investigations and all other documents in your
possessions regarding: MICHELE BALZARANO, DOB: 03/10/1983.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items, You may comply with this subpoena by providing legible copies of the
items to be produced to THE MCS GROUP, INC., on behalf of 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 the payment in advance of the reasonable cost of preparation. You may mail or deliver
the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126
and thereby eliminate your appearance at the time and place specified above. Prior approval required
REF, # 47360-25
SU14CASE NO, 50-2018-CA-15763-XXXX-MB
for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena
at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT
BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you shall respond to this subpoena as
directed.
DATED ON
JONATHAN M. MIDWALL, ESQUIRE
Florida Bar No. 182011
ALYSSA M. TORNBERG, ESQUIRE
Florida Bar No. 127409
COLE, SCOTT & KISSANE, P.A.
Attorneys for Defendant(s)
c/o THE MCS GROUP, INC.
7925 NW 12TH STREET, SUITE 318
MIAMI, FL 33126
(305)374-1166
REF, # 47360-25
su14CASE NO. 50-2018-CA-15763-XXXX-MB
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO, 50-2018-CA-15763-XXXX-MB
ELIZABETH L,. BALZARANO, Individually,
and as Personal Representative of the ESTATE
OF MICHELLE L, BALZARANO,
Plaintifi(s),
vs.
LIFELINE RECOVERY, LLC d/b/a LIFELINE
RECOVERY SUPPORT SERVICES a Foreign
Corporation; JOHN BROGAN; LIFE CHANGES
ADDICTION TREATMENT CENTER OF THE
PALM BEACHES; AND CAMERON VILLA,
LLC, a Florida Corporation,
Defendant(s),
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(RECORDS MAIL IN ONLY)
THE STATE OF FLORIDA:
To: The Records Custodian for:
PALM BEACH COUNTY FIRE RESCUE
405 PIKE ROAD
WEST PALM BEACH, FL 33411
YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC.,
7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this
Subpoena, and to have with you at that time and place the following:
Any transport records, to include records of treatment rendered by emergency medical
technicians and or ambulance/air flight attendants and itemized billing statements, pertaining to:
MICHELE BALZARANO, DOB: 03/10/1983.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of the
items to be produced to THE MCS GROUP, INC., on behalf of 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 the payment in advance of the reasonable cost of preparation. You may mail or deliver
the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126
and thereby eliminate your appearance at the time and place specified above. Prior approval required
for fees in excess of $100.00, You have the right to object to the production pursuant to this subpoena
REF. # 47360-26
SU14CASE NO. 50-2018-CA-15763-XXXX-MB
at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT
BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you shall respond to this subpoena as
directed.
DATED ON.
JONATHAN M. MIDWALL, ESQUIRE
Florida Bar No. 182011
ALYSSA M. TORNBERG, ESQUIRE
Florida Bar No. 127409
COLE, SCOTT & KISSANE, P.A.
Attorneys for Defendant(s)
c/o THE MCS GROUP, INC,
7925 NW 12TH STREET, SUITE 318
MIAMI, FL 33126
(305)374-1166
REF. # 47360-26
SuUI4CASE NO. 50-2018-CA-15763-XXXX-MB
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO. 50-2018-CA-15763-XXXX-MB
ELIZABETH L, BALZARANO, Individually,
and as Personal Representative of the ESTATE
OF MICHELLE L. BALZARANO,
Plaintiff(s),
vs.
LIFELINE RECOVERY, LLC d/b/a LIFELINE
RECOVERY SUPPORT SERVICES a Foreign
Corporation; JOHN BROGAN; LIFE CHANGES
ADDICTION TREATMENT CENTER OF THE
PALM BEACHES; AND CAMERON VILLA,
LLC, a Florida Corporation,
Defendant(s),
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(RECORDS MAIL IN ONLY)
THE STATE OF FLORIDA:
To: The Records Custodian for:
SUBWAY RESTAURANT
ATTN: HUMAN RESOURCES
3575 NJ-66 WEST
NEPTUNE CIY, NJ 07753
YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC.,
7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this
Subpoena, and to have with you at that time and place the following:
Any and all personnel records, employment records, health records, payroll records,
workers compensation records, W-2 forms, records of earnings, time lost from work, reason for
termination of employment, correspondence, accident reports, applications for company
sponsored or offered health insurance plans, application for employment, any and all drug tests,
and any and all other records and documents pertaining to: MICHELE BALZARANO, SSN:
N/A, DOB: 03/10/1983.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of the
items to be produced to THE MCS GROUP, INC., on behalf of the attorney whose name appears on
this subpoena on or before the scheduled date of production. You may condition the preparation of the
REF, # 47360-27
sul4CASE NO. 50-2018-CA-15763-XXXX-MB
copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver
the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126
and thereby eliminate your appearance at the time and place specified above. Prior approval required
for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena
at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT
BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
Tf you fail to:
(1) appear as specified; or
(2) __ furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you shall respond to this subpoena as
directed.
DATED ON
JONATHAN M. MIDWALL, ESQUIRE
Florida Bar No. 182011
ALYSSA M. TORNBERG, ESQUIRE
Florida Bar No. 127409
COLE, SCOTT & KISSANE, P.A.
Attorneys for Defendant(s)
c/o THE MCS GROUP, INC.
7925 NW 12TH STREET, SUITE 318
MIAMI, FL 33126
(305)374-1166
REF. # 47360-27
SUI4CASE NO. 50-2018-CA-15763-XXXX-MB
IN THE CIRCUIT COURT OF THE
ISTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO. 50-2018-CA-15763-KXXX-MB
ELIZABETH L, BALZARANO, Individually,
and as Personal Representative of the ESTATE
OF MICHELLE L. BALZARANO,
Plaintiff(s),
vs.
LIFELINE RECOVERY, LLC d/b/a LIFELINE
RECOVERY SUPPORT SERVICES a Foreign
Corporation; JOHN BROGAN; LIFE CHANGES
ADDICTION TREATMENT CENTER OF THE
PALM BEACHES; AND CAMERON VILLA,
LLC, a Florida Corporation,
Defendant(s),
i
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(RECORDS MAIL IN ONLY)
THE STATE OF FLORIDA:
To: The Records Custodian for:
SUBWAY RESTAURANT
ATTN: HUMAN RESOURCES
1603 A OCEAN AVENUE
BELMAR, NJ 07719
YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC.,
7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this
Subpoena, and to have with you at that time and place the following:
Any and all personnel records, employment records, health records, payroll records,
workers compensation records, W-2 forms, records of earnings, time lost from work, reason for
termination of employment, correspondence, accident reports, applications for company
sponsored or offered health insurance plans, application for employment, any and all drug tests,
and any and all other records and documents pertaining to: MICHELE BALZARANO, SSN:
N/A, DOB: 03/10/1983.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of the
items to be produced to THE MCS GROUP, INC., on behalf of the attorney whose name appears on
this subpoena on or before the scheduled date of production. You may condition the preparation of the
REF, # 47360-28
sul4CASE NO. 50-2018-CA-15763-XXXX-MB
copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver
the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126
and thereby eliminate your appearance at the time and place specified above. Prior approval required
for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena
at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT
BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear as specified; or
(2) _ furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you shall respond to this subpoena as
directed.
DATED ON.
JONATHAN M. MIDWALL, ESQUIRE
Florida Bar No. 182011
ALYSSA M. TORNBERG, ESQUIRE
Florida Bar No. 127409
COLE, SCOTT & KISSANE, P.A.
Attorneys for Defendant(s)
c/o THE MCS GROUP, INC.
7925 NW 12TH STREET, SUITE 318
MIAMI, FL 33126
(305)374-1166
REF. i 47360-28
Sul4CASE NO. 50-2018-CA-15763-XXXX-MB
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO, 50-2018-CA-15763-XXXX-MB
ELIZABETH L. BALZARANO, Individually,
and as Personal Representative of the ESTATE
OF MICHELLE L. BALZARANO,
Plaintiff(s),
vs.
LIFELINE RECOVERY, LLC d/b/a LIFELINE
RECOVERY SUPPORT SERVICES a Foreign
Corporation; JOHN BROGAN; LIFE CHANGES
ADDICTION TREATMENT CENTER OF THE
PALM BEACHES; AND CAMERON VILLA,
LLC, a Florida Corporation,
Defendant(s),
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(RECORDS MAIL IN ONLY)
THE STATE OF FLORIDA:
To: The Records Custodian for:
SUBWAY RESTAURANT
ATTN: HUMAN RESOURCES
231 3RD AVENUE
LONG BRANCH, NJ 07740
YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC.,
7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this
Subpoena, and to have with you at that time and place the following:
Any and all personnel records, employment records, health records, payroll records,
workers compensation records, W-2 forms, records of earnings, time lost from work, reason for
termination of employment, correspondence, accident reports, applications for company
sponsored or offered health insurance plans, application for employment, any and all drug tests,
and any and all other records and documents pertaining to: MICHELE BALZARANO, SSN:
N/A, DOB: 03/10/1983.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of the
items to be produced to THE MCS GROUP, INC., on behalf of the attorney whose name appears on
this subpoena on or before the scheduled date of production. You may condition the preparation of the
REF, # 47360-29
sui4CASE NO. 50-2018-CA-15763-XXXX-MB
copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver
the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126
and thereby eliminate your appearance at the time and place specified above. Prior approval required
for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena
at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT
BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN,
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you shall respond to this subpoena as
directed.
DATED ON
JONATHAN M. MIDWALL, ESQUIRE
Florida Bar No. 182011
ALYSSA M. TORNBERG, ESQUIRE
Florida Bar No. 127409
COLE, SCOTT & KISSANE, P.A.
Attorneys for Defendant(s)
c/o THE MCS GROUP, INC.
7925 NW 12TH STREET, SUITE 318
MIAMI, FL 33126
(305)374-1166
REF. # 47360-29
sul4
Preview
Filing # 104190903 E-Filed 03/02/2020 03:57:27 PM CASE NO. 50-2018-CA-15763-XXXX-MB IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50-2018-CA-15763-XXXXK-MB ELIZABETH L. BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELLE L. BALZARANO, Plaintiff(s), VS. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; AND CAMERON VILLA, LLC, a Florida Corporation, Defendant(s), / NOTICE OF PRODUCTION FROM NON-PARTY TO ALL PARTIES: YOU ARE NOTIFIED that after 10 days from the date of service of this Notice, if service is by delivery or Electronic service, 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 subpoena(s) directed to: 1) OFFICE OF THE DISTRICT MEDICAL EXAMINER 2) PALM SPRINGS POLICE DEPT. 3) PALM BEACH COUNTY FIRE RESCUE 4) SUBWAY RESTAURANT 5) SUBWAY RESTAURANT 6) SUBWAY RESTAURANT who are not parties, to produce the items listed at the time and place specified in the subpoena(s). REF. # 47360 DES2 *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 03/02/2020 03:57:27 PM ***CASE NO. 50-2018-CA-15763-XXXX-MB CERTIFICATE OF SERVICE arn, 2090 I HEREBY CERTIFY that on the Byrd day of San 2049, a true and correct copy of the foregoing has been furnished by electronic mail (email) at e-mail address: THOMAS SCOLARO, ESQUIRE, LEESFIELD SCOLARO, 2350 S. DIXIE HIGHWAY, MIAMI, FL 331332314, (305)854-4900, Primary Email: scolaro@leesfield.com; WILLIAM P. MCCAUGHAN, ESQUIRE, FARRELL PATEL JOMARRON & LOPEZ, 4300 BISCAYNE BOULEVARD SUITE 305, MIAMI, FL 33137, (305)717-7530, Primary Email: eservice@justice360.com, Secondary e-mail: wmccaughan@justice360.com; THOMAS D. GRAHAM, ESQUIRE, LEESFIELD SCOLARO, 2350 S, DIXIE HIGHWAY, MIAMI, FL 33133, (305)854-4900, Primary Email: graham@leesfield.com; and I electronically filed the foregoing with the Clerk of PALM BEACH COUNTY by using the Florida courts eFiling Portal. COLE, SCOTT & KISSANE, P.A. Counsel for Defendants, LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES Cole, Scott & Kissane Building 9150 South Dadeland Boulevard, Suite 1400 P.O, Box 569015 Miami, Florida 33256 Telephone (954) 703-3770 Facsimile (305) 373-2294 Primary e-mail: alyssa.tornberg@csklegal.com Secondary e-mail: jonathan.midwall@csklegal.com Alternate e-mail: omaira.garcia@csklegal.com By: JONATHAN M. MIDWALL, ESQUIRE Florida Bar No. 182011 ALYSSA M, TORNBERG, ESQUIRE Florida Bar No. 127409 REF. # 47360 DES2CASE NO. 50-2018-CA-15763-XXXX-MB CERTIFICATE OF HIPAA SATISFACTORY ASSURANCES (This certification must be completed fully and signed by an attorney to be valid.) ELIZABETH L. BALZARANO, Individually, and as Personal Representative, 50-2018-CA-15763-XXX et.al. vs. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY (Docket Number) SUPPORT SERVICES, et. al. (Case Name) MICHELE BALZARANO NA (Patient Name) (Pat Med Rec/Acct No.) CERTIFICATION [ hereby certify that the representations below are true and correct based upon my persona! knowledge; that 1 have reviewed the applicable privacy regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164; that | have complied with the regulations and its requirements to obtain patient health information; and that 1 will comply with state and federal privacy laws as to any patient health information that I receive. | further certify the following; 1 T have used reasonable efforts and made a good faith attempt to notify patient or personal representative in writing by serving written notice of my intent to obtain patient’s health information to patient or personal representative at this address: ary Email: scolaro@leesfield.com; 2350 S, DIXIE HIGHWAY, MIAMI, FL 331332314 (or if patient’s location is unknown, to mail a notice to the patient’s last known address listed above) by e-mail and/or mail on « (Date) 2. This written notice provided sufficient information about this litigation or proceeding in which the patient’s health information is requested to permit the patient or personal representative to raise objections in the appropriate court or administrative tribunal within the required time under Fla.R.Civ.P. 1.351 or other applicable rule from the date of service of the notice of intent. 3. The deadline for the patient or personal representative to object to the notice of intent under Fla.R.Civ.P. 1.351 or other applicable rule was set forth in the notice, which indicated that the deadline expired on . (Date) 4, Objections (Must initial one.) A Patient or personal representative did not file any objections, OR B. Patient or personal representative filed objections with the court or administrative tribunal; the objections have been resolved by the court or administrative tribunal; there are no further objections pending or requiring resolution; and the disclosures of patient health information being sought are consistent with such resolution(s). St I have attached the subpoena or other lawful process, and the notice of intent with this certification, Signature of Attorney Date MUST BEAR SIGNATURE OF ATTORNEY ONLY JONATHAN M. MIDWALL, ESQUIRE Florida Bar No. 182011 ALYSSA M. TORNBERG, ESQUIRE Florida Bar No. 127409 COLE, SCOTT & KISSANE, P.A. Attorneys For Defendant(s) (305)350-5300 REF. # 47360 DES4CASE NO. 50-2018-CA-15763-XXXX-MB IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO, 50-2018-CA-15763-XXXX-MB ELIZABETH L. BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELLE L. BALZARANO, Plaintiff(s), vs. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; AND CAMERON VILLA, LLC, a Florida Corporation, Defendant(s), / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (RECORDS MAIL IN ONLY) THE STATE OF FLORIDA: To: The Records Custodian for: OFFICE OF THE DISTRICT MEDICAL EXAMINER 3126 GUN CLUB ROAD WEST PALM BEACH, FL 33406 YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC., 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this Subpoena, and to have with you at that time and place the following: All autopsy reports, investigation records and photographs, pertaining to MICHELE BALZARANO, DOB: 03/10/1983, These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to THE MCS GROUP, INC., on behalf of 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 the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 and thereby eliminate your appearance at the time and place specified above. Prior approval required for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena REF. # 47360-24 ' SuI4CASE NO. 50-2018-CA-15763-XXXX-MB at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) _ furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED ON. JONATHAN M. MIDWALL, ESQUIRE Florida Bar No. 182011 ALYSSA M. TORNBERG, ESQUIRE Florida Bar No. 127409 COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant(s) c/o THE MCS GROUP, INC. 7925 NW 12TH STREET, SUITE 318 MIAMI, FL 33126 (305)374-1166 REF, # 47360-24 SUl4CASE NO. 50-2018-CA-15763-XXXX-MB IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO. 50-2018-CA-15763-XXXX-MB ELIZABETH L. BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELLE L. BALZARANO, Plaintiff(s), vs. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; AND CAMERON VILLA, LLC, a Florida Corporation, Defendant(s), / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (RECORDS MAIL IN ONLY) THE STATE OF FLORIDA: To: The Records Custodian for: PALM SPRINGS POLICE DEPT. 230 CYPRESS LANE PALM SPRINGS, FL 33461 YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC., 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this Subpoena, and to have with you at that time and place the following: Any and all documents including, but not limited to, offense/incident reports, arrest records, police reports, criminal records, case dispositions, photographs, witness statements, probation records, correctional records, investigations and all other documents in your possessions regarding: MICHELE BALZARANO, DOB: 03/10/1983. These items will be inspected and may be copied at that time. You will not be required to surrender the original items, You may comply with this subpoena by providing legible copies of the items to be produced to THE MCS GROUP, INC., on behalf of 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 the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 and thereby eliminate your appearance at the time and place specified above. Prior approval required REF, # 47360-25 SU14CASE NO, 50-2018-CA-15763-XXXX-MB for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED ON JONATHAN M. MIDWALL, ESQUIRE Florida Bar No. 182011 ALYSSA M. TORNBERG, ESQUIRE Florida Bar No. 127409 COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant(s) c/o THE MCS GROUP, INC. 7925 NW 12TH STREET, SUITE 318 MIAMI, FL 33126 (305)374-1166 REF, # 47360-25 su14CASE NO. 50-2018-CA-15763-XXXX-MB IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO, 50-2018-CA-15763-XXXX-MB ELIZABETH L,. BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELLE L, BALZARANO, Plaintifi(s), vs. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; AND CAMERON VILLA, LLC, a Florida Corporation, Defendant(s), / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (RECORDS MAIL IN ONLY) THE STATE OF FLORIDA: To: The Records Custodian for: PALM BEACH COUNTY FIRE RESCUE 405 PIKE ROAD WEST PALM BEACH, FL 33411 YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC., 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this Subpoena, and to have with you at that time and place the following: Any transport records, to include records of treatment rendered by emergency medical technicians and or ambulance/air flight attendants and itemized billing statements, pertaining to: MICHELE BALZARANO, DOB: 03/10/1983. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to THE MCS GROUP, INC., on behalf of 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 the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 and thereby eliminate your appearance at the time and place specified above. Prior approval required for fees in excess of $100.00, You have the right to object to the production pursuant to this subpoena REF. # 47360-26 SU14CASE NO. 50-2018-CA-15763-XXXX-MB at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED ON. JONATHAN M. MIDWALL, ESQUIRE Florida Bar No. 182011 ALYSSA M. TORNBERG, ESQUIRE Florida Bar No. 127409 COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant(s) c/o THE MCS GROUP, INC, 7925 NW 12TH STREET, SUITE 318 MIAMI, FL 33126 (305)374-1166 REF. # 47360-26 SuUI4CASE NO. 50-2018-CA-15763-XXXX-MB IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50-2018-CA-15763-XXXX-MB ELIZABETH L, BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELLE L. BALZARANO, Plaintiff(s), vs. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; AND CAMERON VILLA, LLC, a Florida Corporation, Defendant(s), / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (RECORDS MAIL IN ONLY) THE STATE OF FLORIDA: To: The Records Custodian for: SUBWAY RESTAURANT ATTN: HUMAN RESOURCES 3575 NJ-66 WEST NEPTUNE CIY, NJ 07753 YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC., 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this Subpoena, and to have with you at that time and place the following: Any and all personnel records, employment records, health records, payroll records, workers compensation records, W-2 forms, records of earnings, time lost from work, reason for termination of employment, correspondence, accident reports, applications for company sponsored or offered health insurance plans, application for employment, any and all drug tests, and any and all other records and documents pertaining to: MICHELE BALZARANO, SSN: N/A, DOB: 03/10/1983. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to THE MCS GROUP, INC., on behalf of the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the REF, # 47360-27 sul4CASE NO. 50-2018-CA-15763-XXXX-MB copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 and thereby eliminate your appearance at the time and place specified above. Prior approval required for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. Tf you fail to: (1) appear as specified; or (2) __ furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED ON JONATHAN M. MIDWALL, ESQUIRE Florida Bar No. 182011 ALYSSA M. TORNBERG, ESQUIRE Florida Bar No. 127409 COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant(s) c/o THE MCS GROUP, INC. 7925 NW 12TH STREET, SUITE 318 MIAMI, FL 33126 (305)374-1166 REF. # 47360-27 SUI4CASE NO. 50-2018-CA-15763-XXXX-MB IN THE CIRCUIT COURT OF THE ISTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50-2018-CA-15763-KXXX-MB ELIZABETH L, BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELLE L. BALZARANO, Plaintiff(s), vs. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; AND CAMERON VILLA, LLC, a Florida Corporation, Defendant(s), i SUBPOENA DUCES TECUM WITHOUT DEPOSITION (RECORDS MAIL IN ONLY) THE STATE OF FLORIDA: To: The Records Custodian for: SUBWAY RESTAURANT ATTN: HUMAN RESOURCES 1603 A OCEAN AVENUE BELMAR, NJ 07719 YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC., 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this Subpoena, and to have with you at that time and place the following: Any and all personnel records, employment records, health records, payroll records, workers compensation records, W-2 forms, records of earnings, time lost from work, reason for termination of employment, correspondence, accident reports, applications for company sponsored or offered health insurance plans, application for employment, any and all drug tests, and any and all other records and documents pertaining to: MICHELE BALZARANO, SSN: N/A, DOB: 03/10/1983. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to THE MCS GROUP, INC., on behalf of the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the REF, # 47360-28 sul4CASE NO. 50-2018-CA-15763-XXXX-MB copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 and thereby eliminate your appearance at the time and place specified above. Prior approval required for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) _ furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED ON. JONATHAN M. MIDWALL, ESQUIRE Florida Bar No. 182011 ALYSSA M. TORNBERG, ESQUIRE Florida Bar No. 127409 COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant(s) c/o THE MCS GROUP, INC. 7925 NW 12TH STREET, SUITE 318 MIAMI, FL 33126 (305)374-1166 REF. i 47360-28 Sul4CASE NO. 50-2018-CA-15763-XXXX-MB IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO, 50-2018-CA-15763-XXXX-MB ELIZABETH L. BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELLE L. BALZARANO, Plaintiff(s), vs. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; AND CAMERON VILLA, LLC, a Florida Corporation, Defendant(s), / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (RECORDS MAIL IN ONLY) THE STATE OF FLORIDA: To: The Records Custodian for: SUBWAY RESTAURANT ATTN: HUMAN RESOURCES 231 3RD AVENUE LONG BRANCH, NJ 07740 YOU ARE COMMANDED to furnish via U.S. Mail delivery to THE MCS GROUP, INC., 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 within ten (10) days from receipt of this Subpoena, and to have with you at that time and place the following: Any and all personnel records, employment records, health records, payroll records, workers compensation records, W-2 forms, records of earnings, time lost from work, reason for termination of employment, correspondence, accident reports, applications for company sponsored or offered health insurance plans, application for employment, any and all drug tests, and any and all other records and documents pertaining to: MICHELE BALZARANO, SSN: N/A, DOB: 03/10/1983. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to THE MCS GROUP, INC., on behalf of the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the REF, # 47360-29 sui4CASE NO. 50-2018-CA-15763-XXXX-MB copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to THE MCS GROUP, INC., at 7925 NW 12TH STREET, SUITE 318, MIAMI, FL 33126 and thereby eliminate your appearance at the time and place specified above. Prior approval required for fees in excess of $100.00. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to THE MCS GROUP, INC. THIS WILL NOT BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN, If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED ON JONATHAN M. MIDWALL, ESQUIRE Florida Bar No. 182011 ALYSSA M. TORNBERG, ESQUIRE Florida Bar No. 127409 COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant(s) c/o THE MCS GROUP, INC. 7925 NW 12TH STREET, SUITE 318 MIAMI, FL 33126 (305)374-1166 REF. # 47360-29 sul4