Preview
Filing # 106801212 E-Filed 04/28/2020 03:11:03 PM
IN THE CIRCUIT COURT OF THE
19™ JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA
CASE NO.: 2019CA000015
FREDERIC CHARLES GREER, III and
MELISSA ANNE GREER, as Husband and
Wife, and FREDERIC CHARLES GREER,
Il and MELISSA ANNE GREER,
individually,
Plaintiffs,
a
MARTIN MEMORIAL MEDICAL
CENTER, INC., D/B/A MARTIN
MEDICAL CENTER, a Florida Corporation,
KUNAL CHAUDHRY, MD, and
CARDIOLOGY ASSOCIATES OF
STUART, P.A., a Florida Profit Corporation,
Defendants.
/
NOTICE OF TAKING DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition, by oral
examination, of the person or persons named below, at the time, date, and at the hour and place
indicated:
NAME: Records Custodian of Advent Health Orlando f/k/a Florida Hospital
Orlando
See Duces Tecum attached as Exhibit “A”
Order — Exhibit “B”
Amended Motion to Compel Deposition Duces Tecum of
Non-Party — Exhibit “C”
DATE: May 22, 2020
TIME: 10:00 am
PLACE: Advent Health - Lakeview
701 East Altamonte Drive
Suite 2000
Altamonte Springs, FL 32701
Electronically Filed Martin 04/28/2020 03:05 PM
Upon oral examination before Esquire Deposition or any other Notary Public or officer authorized
by law to take depositions in the State of Florida. The oral examination will continue from day to
day until completed. The deposition is being taken for the purpose of discovery, for use at trial or
for such other purposes as are permitted under the Rules of Court, including the applicable Rules
of Civil Procedure.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
mail on this 28 tay of Agcil , 2020 to: SEE ATTACHED SERVICE LIST.
Somera & Silva, LLP
One Boca Place
2255 Glades Road, Suite 232W
Boea Raton, FL 33431
Phone: (561) 981-8881
Fax: (561) 981-8887
Primary Email: pleadings@somerasi]va.com
Secondary Email: litig n@soméerasilva.com
Attorneys for laintytfs
By: a
PETER J. [ERA JR., ESQ.
FBN: 00;
PAU . SILVA, M.D., ESQ.
FBN: 0319820
SERVICE LIST
Thomas G. Aubin, Esq.
Stearns Weaver Mille Weissler Alhadeff& Sitterson, P.A.
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, FL 33301
Primary Email: taubin@stearnsweaver.com
mpodolnick@stearnsweaver.com
Secondary Email: nrodrigues@stearnsweaver.com
mpetruk@stearnsweaver.com.
knetto@stearnsweaver.com
(Counsels for Defendant, Martin Memorial Medical Center, Inc.
d/b/a Martin Memorial Medical Center)
Keith J. Puya, Esq.
Hector R. Buigas, Esq.
Law Offices of Keith J. Puya, P.A.
4880 Donald Ross Road, Suite 225
Palm Beach Gardens, FL 33418
Primary Email: eservice@puyalaw.com
Secondary Email: kpuya@puyalaw.con:
(Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A.)
Dinah Stein, Esq.
Hicks, Porter, Ebenfeld & Stein, PA
799 Brickell Plaza, 9" Floor
Miami, FL 33131
Primary Emails: dstein@mhickslaw.com
akozub@mbhickslaw.com
Secondary Email: eclerk@mhbickslaw.com
(Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A.)
Adam J. Richardson, Esq.
Burlington & Rockenbach, P.A.
Courthouse Commons/Suite 350
444 West Railroad Avenue
West Palm Beach, FL 33401
Primary Email: ajr@FLAppellateLaw.com
Secondary Email: fa@FLAppellateLaw.com
(Appellate Counsel for Plaintiffs)
*DUCES TECUM: TO HAVE AND BRING WITH YOU AT THE TIME OF THE
DEPOSITION THE FOLLOWING:
SCHEDULE "A"
DUCES TECUM
Any and All the records and images received from Martin Medical Center for Frederic
Charles Greer, III by Advent Health Orlando f/k/a Florida Hospital Orlando specifically
the bucket in the electronic medical records at Advent Health Medical Group f/k/a Florida
Medical Group that contains the records from Martin Medical Center for Frederic Charles
Greer, III.
*"Documents" shall include, but not be limited to all non-identical copies of writings, drawings,
graphs, charts, photographs, phono-records, recordings, and/or any other data compilations from
which information can be obtained, translated, if necessary, by the party to whom the request is
directed through detection devices into reasonably usable form. "Documents" also include all
electronic data as well as application metadata and system metadata. All inventories and rosters of
your information technology (IT) systems—e.g., hardware, software and data, including but not
limited to network drawings, lists of computing devices (servers, PCs, laptops, PDAs, cell phones,
with data storage and/or transmission features), programs, data maps and security tools and
protocols.
Filing # 106601952 E-Filed 04/23/2020 10:09:48 AM
IN THE CIRCUIT COURT OF THE
197 JUDICIAL CIRCUIT IN AND
FOR MARTIN COUNTY, FLORIDA
CASE NO.: 2019CA000015
FREDERIC CHARLES GREER, III and
MELISSA ANNE GREER, as Husband
and Wife, and FREDERIC CHARLES
GREER, Tl and MELISSA ANNE
GREER, individually,
Plaintiffs,
vs.
MARTIN MEMORIAL MEDICAL
CENTER, INC., D/B/A MARTIN
MEDICAL CENTER, a Florida
Corporation, KUNAL CHAUDHRY, MD,
and CARDIOLOGY ASSOCIATES OF
STUART, PA, a Florida Profit
Corporation,
Defendants,
/
AGREED ORDER ON PLAINTIFFS’ AMENDED MOTION TO COMPEL THE
DEPOSITION DUCES TECUM OF NON-PARTY
THIS CAUSE having come before the Court on the Agreement of the parties and the
Court having reviewed the file, and otherwise being fully advised in the premises, it is
ORDERED AND ADJUDGED that:
1 Plaintiffs’ Amended Motion to Compel the Deposition Duces Tecum of Non-
Party is hereby GRANTED.
2. Non-party Advent Health Orlando is ordered to comply with the discovery
requests and produce the bucket in the electronic medical records at Advent Health Medical
Group f/k/a Florida Hospital Orlando that contains the records from Martin Medical Center for
Frederick Greer within 15 days.
Yam IONE AND ORDERED IN CHAMBERS at Martin County Florida, on
, 2020.
HONORABFE GARY L. SWEET
COPIES FURNISHED TO: All parties on attached service list.
EXHIBIT
D
CASE NO.: 2019CA000015
SERVICE LIST
Thomas G. Aubin, Esq.
Stearns Weaver Mille Weissler Alhadeff & Sitterson, P.A.
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, FL 33301
Primary Email: taubin@stearnsweaver.com
mpodolnick@stearnsweaver.com
Secondary Email: nrodrigues@stearnsweaver.com
mpetruk@stearnsweaver.com
knetto. @stearnsweaver. com
(Counsels for Defendant, Martin Memorial Medical Center, Inc.
d/b/a Martin Memorial Medical Center)
Keith J. Puya, Esq.
Hector R. Buigas, Esq.
Law Offices of Keith J. Puya, P.A.
4880 Donald Ross Road, Suite 225
Palm Beach Gardens, FL 33418
Primary Email: eservice@puyalaw.com
Secondary Email: kpuya@puyalaw.com
(Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A.)
Dinah Stein, Esq.
Hicks, Porter, Ebenfeld & Stein, PA
799 Brickell Plaza, 9"" Floor
Miami, FL 33131
Primary Emails: dstein@mbickslaw.com
akozub@mhickslaw.com
Secondary Email: eclerk@mhickslaw.com
(Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A,)
Adam J. Richardson, Esq.
Burlington & Rockenbach, P.A.
Courthouse Commons/Suite 350
444 West Railroad Avenue
West Palm Beach, FL 33401
Primary Email: ajr@FLAppellateLaw.com
Secondary Email: fa@FLAppellateLaw.com
(Appellate Counsel for Plaintiffs)
Filing # 106276617 E-Filed 04/15/2020 12:46:40 PM
IN THE CIRCUIT COURT OF THE
19! JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA.
CASE NO.: 2019CA000015
FREDERIC CHARLES GREER, III and
MELISSA ANNE GREER, as Husband
and Wife, and FREDERIC CHARLES
GREER, I and MELISSA ANNE
GREER, individually,
Plaintiffs,
vs.
MARTIN MEMORIAL MEDICAL
CENTER, ING, D/B/A MARTIN
MEDICAL CENTER, a Florida
Corporation, KUNAL CHAUDHRY,
MD, and CARDIOLOGY ASSOCIATES
OF STUART, P.A., a Florida Profit
Corporation,
Defendants.
~ /
AMENDED MOTION TO COMPEL THE DEPOSITION DUCES TECUM OF
NON-PARTY
COMES NOW, the Plaintiffs, FREDERIC CHARLES GREER, III and MELISSA ANNE
GREER, as Husband and Wife, and FREDERIC CHARLES GREER, II] and MELISSA ANNE
GREER, individually, by and through undersigned counsel, and hereby files this Amended
Motion to Compel the Deposition Duces Tecum of Non-party, and as grounds therefore states as
follows:
1 Plaintiff filed Notice of taking Deposition Duces Tecum of Record Custodian of
Advent Health Orlando and attached as Schedule “A” as “Any and All the records and images
received from Martin Medical Center for Frederick Charles Greer, II] by Advent Health Orlando
EXHIBIT
C
By meme nnnn
f/k/a Florida Hospital Orlando”, with a completed Disclosure of Protected Health Information on
Advent Health Orlando signed by Frederick Charles Greer, If], See Exhibit “1”.
2 The Records Custodian of Advent Health Orlando was subpoenaed for Deposition
with attached Schedule “A” as “Any and All the records and images received from Martin
Medical Center for Frederick Charles Greer, III by Advent Health Orlando f/k/a Florida Hospital
Orlando” and was served on March 13, 2020, See Exhibit “2”.
3 Lillian Jordan, record custodian of Advent Health Orlando f/k/a Florida Hospital
Orlando and record custodian of Advent Health Medical Group f/k/a Florida Medical Group
appeared for the deposition on March 20, 2020 with the records requested from Advent Health
Orlando f/k/a Florida Hospital Orlando and testified there is a bucket in the electronic medical
records at Advent Health Medical Group f/k/a Florida Medical Group which contains the records
from Martin Medical Center and that she would only release them with a Court Order. See
Exhibit “3”,
4 Plaintiff is entitled to be provided with these documents under Florida Rule of
Civil Procedure 1.310 (b) (1), Depositions Upon Oral Examination. See Exhibit “4”.
5 Florida Rule of Civil Procedure Rule 1.350, Production of Documents and Things
and Entry Upon Land for Inspection and Other Purposes, states any party may request another
party to copy items that are in possession, custody, or control of the party to whom the request is
directed. See Exhibit “5”.
WHEREFORE, Plaintiff respectfully seeks an Order Compelling the Record Custodian
of Advent Health Medical Group f/k/a Florida Hospital Medical Group to appear at a Records
Custodian deposition with “Any and All the records and images received from Martin Medical
Center for Frederick Charles Greer, IL1 by Advent Health Medical Group f/k/a Florida Hospital
Medical Group”.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via
electronic mail on this | § } day of Ag al , 2020 to: SEE ATTACHED SERVICE LIST.
Somera & Silva, LLP
One Boca Place
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
Phone: (561) 981-8881
Fax: (561) 981- 887
Primary Email: ple§dings@somerasilva.com
Secondary Email: ations @somerasilva.com
Attorneys for Plaigi
B
~ PETER J. SO MERA JR., ESQ.
FBN: 0054267
PAUL M. SILVA, M.D., ESQ.
FBN: 0319820
SERVICE LIST
Thomas G. Aubin, Esq.
Stearns Weaver Mille Weissler Alhadeff& Sitterson, P.A.
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, FL 33301
Primary Email: taubin@stearnsweaver.com
mpodolnick@stearnsweaver.com
Secondary Email: nrodrigues@stearnsweaver.com
mpetruk@stearnsweaver.com
knetto@stearnsweaver.com
(Counsels for Defendant, Martin Memorial Medical Center, Inc.
d/b/a Martin Memorial Medical Center)
Keith J. Puya, Esq.
Hector R. Buigas, Esq.
Law Offices of Keith J. Puya, P.A.
4880 Donald Ross Road, Suite 225
Palm Beach Gardens, F'L 33418
Primary Email ce@puy mn
Secondary Em: va(@pu m
(Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A.)
Dinah Stein, Esq.
Hicks, Porter, Ebenfeld & Stein, PA
799 Brickell Plaza, 9" Floor
Miami, FL 33131
Primary Emails: dstein@mhickslaw.com
akozub@mhickslaw.com
Secondary Email: eclerk@mhickslaw.com
(Counsel for Defendants, Kunal Chaudhry, M.D, and Cardiology
Associates of Stuart, P.A.)
Adam J, Richardson, Esq.
Burlington & Rockenbach, P.A.
Courthouse Commons/Suite 350
444 West Railroad Avenue
West Palm Beach, FL 33401
Primary Email: ajr@FLAppellateLaw.com
Secondary Email: fa@FLA\ ellateLaw.com
(Appellate Counsel for Plaintiffs)
Filing # 104690756 E-Filed 03/11/2020 10:46:13 AM
IN THE CIRCUIT COURT OF THE
19™ JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA
CASE NO.: 2019CA000015
FREDERIC CHARLES GREER, III and
MELISSA ANNE GREER, as Husband and
Wife, and FREDERIC CHARLES GREER,
Tl and MELISSA ANNE GREER,
individually,
Plaintiffs,
vs,
MARTIN MEMORIAL MEDICAL
CENTER, INC., D/B/A MARTIN
MEDICAL CENTER, a Florida Corporation,
KUNAL CHAUDHRY, MD, and
CARDIOLOGY ASSOCIATES OF
STUART, P.A., a Florida Profit Corporation,
Defendants.
/
NOTICE OF TAKING DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition, by oral
exalKa} ‘on, of the person or persons named below, at the time, date, and at the hour and place
indicated:
NAME: Records Custodian of Advent Health Orlando f/k/a Florida Hospital
Orlando
See Duces Tecum attached as Exhibit “A”
Order ~ Exhibit “B”
Motion to Compel Deposition - Exhibit “C”
DATE: March 20, 2020
TIME: 10:00 am
PLACE: Advent Health - Lakeview
701 East Altamonte Drive
Suite 2000
Altamonte Springs, FL 32701
EXHIBIT
Upon oral examination before Esquire Deposition or any other Notary Public or officer authorized
by law to take depositions in the State of Florida. The oral examination will continue from day to
day until completed. The deposition is being taken for the purpose of discovery, for use at trial or
for such other purposes as are permitted under the Rules of Court, including the applicable Rules
of Civil Procedure.
CERTIFICATE OF SERVICE
ds
1 HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
mail on this I day of (ara ; 2020 to: SEE ATTACHED SERVICE LIST.
Somera & Silva, LLP
One Boca Place
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
Phone: (561) 981-8881
Fax: (561) 981-8887
Primary Email: pleadings@somerasi off
Secondary Email ation@some) om
Attorneys for Plai
By:
PETER J.
i
FBN: 005: 67
MERA JR. ESQ
PAUL M, SILVA, M.D., ESQ
IBN: 0319820
SERVICE LIST
Thomas G. Aubin, Esq.
Stearns Weaver Mille Weissler Alhadeff & Sitterson, P.A.
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, FL. 33301
Primary Email: taubin@stearnsweaver.com
mpodolnick@stearnsweaver.com
Secondary Email: nrodrigi wes@stearnsweaver.com
mpetruk@stearnsweaver.com
answeaver.co:
knetto@steamsweaver.com
(Counsels for Defendant, Martin Memorial Medical Center, Ine.
@/b/a Martin Memorial Medical Center)
Keith J. Puya, Esq.
Hector R. Buigas, Esq.
Law Offices of Keith J. Puya, PLA.
4880 Donald Ross Road, Suite 225
Palm Beach Gardens, FL 33418
Primary Email: eservice@puyalaw. m
Secondary Email: kpuya@puyalaw.com
(Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A.)
Dinah Stein, Esq.
Hicks, Porter, Ebenfeld & Stein, PA
799 Brickell Plaza, 9" Floor
Miami, FL 33131
Primary Emails; dstein@mhickslaw.com
akozub@mhickslaw.com
Secondary Email: eclerk@mhickslaw.com
(Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A.)
Adam J. Richardson, Esq.
Burlington & Rockenbach, P.A.
Courthouse Commons/Suite 350
444 West Railroad Avenue
West Palm Beach, FL 33401
Primary Email: ajr@FLAppellateLaw.com
Secondary Email: fa@FLAppellateLaw.com
(Appellate Counsel for Plaintiffs)
*DUCES TECUM: TO HAVE AND BRING WITH YOU AT THE TIME OF THE
DEPOSITION THE FOLLOWING:
SCHEDULE "A"
DUCES TECUM
Any and All the records and images received from Martin Medical Center for Frederic
Charles Greer, II] by Advent Health Orlando fik/a Florida Hospital Orlando,
*"Documents" shall include, but not be limited to all non-identical copies of writings, drawings,
graphs, charts, photographs, phono-records, recordings, and/or any other data compilations from
which information can be obtained, translated, if necessary, by the party to whom the request is
directed through detection devices into reasonably usable form. "Documents" also include all
electronic data as well as application metadata and system metadata. All inventories and rosters of
your information technology (IT) systems—e.g., hardware, software and data, including but not
limited to network drawings, lists of computing devices (servers, PCs, laptops, PDAs, cell phones,
with data storage and/or transmission features), programs, data maps and security tools and
protocols.
i ‘Filing # 104637316 E-Filed 03/10/2020 02:03:32 PM
IN ‘THE CIRCUIT COURT OF THE
1974 JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA.
CASE NO.: 2019CA000015
FREDERIC CHARLES GREER,
Il and MELISSA ANNE
GREER, as Husband and Wife,
and FREDERIC CHARLES
GREER, Mi and MELISSA
ANNE GREER, individually,
Plaintiffs,
vs.
MARTIN MEMORIAL
MEDICAL CENTER, INC.,
D/B/A MARTIN MEDICAL
CENTER, a Florida Corporation,
KUNAL CHAUDHRY, MD, and
CARDIOLOGY ASSOCIATES
OF STUART, P.A., a Florida
Profit Corporation,
Defendants.
/
ORDER ON PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION DUCES
TECOM OF NON-PARTY.
THIS MATTER came before the Court on Plaintiffs’ Motion to Compel the Deposition
Duces Tecum of Non-Party, and the Court having reviewed the Motion, and being otherwise
advised in the premises; it is
ORDERED AND ADJUDGED that the Motion be, and the same is hereby
GnanrenppenteD: Mon pecty Nal. uxt Health. Orlando te Leap ¥
c
wt JUS covens req est watt | >
ies
EXHIBIT
ee
DONE AND ORDERED lo
in Chambers in Martin County, Florida this a day of
Mace , 2020.
HONORABLE GARY ¥, SWEET
Copies furnished to: Keith J. Puya, Esq,
Paul M. Silva, MD, Esq. Hector R. Buigas, Esq.
Somera & Silva, LLP Law Offices of Keith J. Puya, PA.
One Boca Place 4880 Donald Ross Road, Suite 225
2255 Glades Road, Suite 232W. Palm Beach Gardens, FL 33418
Boca Raton, FL 33431 Primary Email: eservice@puyalaw.com
Primary Email: pleadings@somerasilva.com Secondary Email: kpuya@puyalaw.com
Secondary Email: litigation@somerasily: mn (Counsels for Defendants, Kunal Chaudhry,
(Counsel for Plaintiffs) M.D. and Cardiology Associates of Stuart,
PA)
Thomas G, Aubin, Esq.
Stearns Weaver Mille Weissler Alhadeff & Dinah Stein, Esq.
Sitterson, P.A. Hicks, Porter, Ebenfeld & Stein, PA
200 East Las Olas Boulevard. 799 Brickell Plaza
Suite 2100 9" Floor
Fort Lauderdale, FL 33301 Miami, FL 33131
Primary Email: taubini stearnsweaver.com Primary Emails: dstein@mhickslaw.com
mpodolnick@st isweaver.com akozub@m! hickslaw. mn
Secondary Bim: Secondary Email: eclerk@mh
eclerk@m ksla
nrodrigues@stearnsweaver.com (Counsel for Defendants, Kunal Chau "Ys
mpetruk@stearnsweaver m MD. and Cardiology Associates of Stuari,
knettoy steamsweavel om. P.A,)
(Counsels for Defendant, Martin Memorial
Medical Center, Inc, d/b/a Martin Memorial Adam Richardson, Esq,
Medical Center) Burlington & Rockenbach, P.A.
Courthouse Commons/Suite 350
444 West Railroad Avenue
West Palm Beach, FL 33401
Primary Email: ajr@FLAppellateLaw.com
Secondary Email: fa@FLAppellateLaw.com
(Appellate Counsel for Plaintiffs)
Filing # 102437580 E-Filed 01/29/2020 03:24:02 PM
IN THE CIRCUIT COURT OF THE
19™ JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA.
CASE NO.: 2019CA000015
FREDERIC CHARLES GREER, III and
MELISSA ANNE GREER, as Husband
and Wife, and FREDERIC CHARLES
GREER, MH and MELISSA ANNE
GREER, individually,
Plaintiffs,
vs.
MARTIN MEMORIAL MEDICAL
CENTER, INC., D/B/A MARTIN
MEDICAL CENTER, a Florida
Corporation, KUNAL CHAUDHRY, MD,
and CARDIOLOGY ASSOCIATES OF
STUART, BA, a Florida Profit
Corporation,
Defendants,
—— ~ ~ /
MOTION TO COMPEL THE DEPOSITION DUCES TECUM OF NON-PARTY
NOW, the Plaintiffs, FREDERIC CHARLES GREER, Il and MELISSA ANNE,
COMES
MELISSA ANNE,
GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Til and
individually, by and through undersigned counsel, and hereby files this Motion to
GREER,
states as follows:
Compel the Deposition Duces Tecum of Non-patty, and as grounds therefore
Custodian of
1 Plaintiff filed Notice of taking Deposition Duces Tecum of Record
and images
Advent Health Orlando and attached as Schedule “A” as “Any and All the records
Health Orlando
received from Martin Medical Center for Frederick Charles Greer, II by Advent
Information on
f/k/a Florida Hospital Orlando”, with a completed Disclosure of Protected Health
Advent Health Orlando signed by Frederick Charles Greer, Il. See Exhibit “1.
EXHIBIT
a
2 The Records Custodian of Advent Health Orlando was subpoenaed for Deposition
with attached Schedule “A” as “Any and All the records and images received from Martin
Florida Hospital
Medical Center for Frederick Chatles Greer, ITI by Advent Health Orlando fik/a
Orlando” and was served on January 2, 2020, See Exhibit “2”,
3 Lillian Jordan, record custodian of Advent Health Orlando f/k/a Florida Hospital
is a bucket
Orlando appeared for the deposition without the records requested and testified there
which
in the electronic medical records at Advent Health Orlando fii/a Florida Hospital Orlando
them with a
contains the records from Martin Medical Center and that she would only release
Court Order, See Exhibit “3”,
under Florida Rule of
4 Plaintiff is entitled to be provided with these documents
See Exhibit “4”.
Civil Procedure 1.310 (b) (1), Depositions Upon Oral Examination.
5. Florida Rule of Civil Proce: nre Rule 1.350, Production of Documents and Things
s, states any parly may request another
and Entry Upon Land for Inspection and Other Purpose
party (o copy items that are in possession, custody, or contr ‘ol of the party to whom the request is
directed, See Exhibit “5”.
the ejection fraction of Mr.
6. Clearly, this information is vital in this matter, in that
y’s consult note and that
Greer at Martin Medical Center is documented as 50% in Dr. Silvester
See Exhibit “6”,
information is not contained in the Martin Medical Center record,
testified that the ejection fraction of 50% is not
a In addition, Dr. Silvestry
estimated after impella insertion and would lead one to believe that the ejection fra ction was
performed at Martin Medical
during-at some point during the initial catheterization, whic! h was
Center, See Exhibit “7”, page 20, line 20-21, line 11.
Record Custodian
WHEREFORE, Plaintiff respectfully seeks an Order Compelling the
of Advent Health Orlando f/k/a Florida Hospital Orlando to appear at a Records Custodian
deposition with “Any and All the records and images received from Marlin Medical Center for
Frederick Charles Greer, III by Advent Health Orlando f/k/a Florida Hospital Orlando’
CERTIFICATE OF SERVICE
I HEREBY CERTIFY
electronic mail on this a 4
that
day of Snag
true and correct copy of the foregoing was sent via
2020 to; SEB ATTACHED SERVICE LIST.
Somera & Silva, LLP
One Boca Place
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
Phone: ($61) 981-8881
Fax: (S61) 981-8887
Primary Email: pleadings@somerasil lva.com
Secondary Email gation@somerasilva.com
Attorneys for Pl: ee 7.G
By
PETE SOMERA.AK ESQ.
FBN: 54267
PAUL/M, SILVA, M.D., BSQ
FBN;/0319820
SERVICE LIST
Michael K, Mittelmark, Esq.
K. Calvin Asrani, Esq.
Michaud, Mittelmark & Asrani, PLLC
621 NW 53” Street, Suite 395
Boca Raton, FL 33487
Primary Email: pleadings@michaudlaw.com
Secondary Email rhodes@michaudlaw.com
(Counsels for Defendant, Martin Memorial Medical Center, Ine.
d/b/a Martin Memorial Medical Center)
Keith J. Paya, Esq.
Hector R, Buigas, Esq.
Law Offices of Keith J. Puya, P.A,
4880 Donald Ross Road, Suite 225
Palm Beach Gardens, FL 33418
Primary Email: eservice@puyalaw.com
Secondary Email: Ipuyat uyalaw.com
(Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associates of Stuart, P.A,)
Dinah Stein, Esq.
Hicks, Porter, Bbenfeld & Stein, PA
799 Brickell Plaza, 9" Floor
Miami, FL 33131
Primary Emails: dstein@mhickslaw.com
akozub@mhick: om,
Secondary Email; ecierk@mhickslaw.cor
(Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology
Associales of Stuart, P.A,)
Filing # 100486585 E-Filed 12/18/2019 09:59:33 AM
IN THE CIRCUIT COURT OF THE
19™ JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA
CASE NO: 2019CA000015
FREDERIC CHARLES GREER, II and
MELISSA ANNE GREER, as Husband
and Wife, and FREDERIC CHARLES
GREER, Il and MELISSA ANNE
GRI SER, individually,
Plaintiffs,
vs.
MARTIN MEMORIAL MEDICAL
CENTER, INC, D/B/A. MARTIN
MEDICAL CENTER, a Florida
Corporation, KUNAL CHAUDHARY,
MD, and CARDIOLOGY
ASSOCIATES OF STUART, P.A., a
Florida Profit Corporation,
Defendants.
— = ee /
NOTICE OF TAKING DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition, by oral
examination, of the person or persons named below, at the time, date, and at the hour and place
indicated:
NAME: Records Custodian of Advent Health Orlando f/k/a Florida Hospital
Orlando
See Duces Tecum attached as Exhibit “A”
DATE: January 27, 2020
TIME: 10:00 am
PLACE: Advent Health - Lakeview
701 Bast Altamonte Drive
Suite 2000
Altamonte Springs, FL 32701
EXHIBIT
uw
_
Upon oral examination before Esquire Deposition or any other Notary Public or officer authorized
by law to take depositions in the State of Florida, The oral examination will continue from day to
day until completed, ‘he deposition is being taken for the purpose of discovery, for use at trial or
for such other purposes as are permitted under the Rules of Court, including the applicable Rules
of Civil Procedure,
CERTMICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
nail on this [Bday of ecoalea, 2019 to: SEE ATTACHED SERVICE LIST.
Somera & Silva, LLP
One Boca Place
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
Phone: ($61) 981-8881
Fax: (561) 981-8887
Primary Email: pleading: s@son om
Secondary Email tigation com
Attorneys for Plaintiffs
?
By:
PETER J, SO! ERA
PBN: 0054267
PAUL M. SILVX, M.D., ESQ.
IBN; 0319820
SERVICE LIS’
Michael K, Mittelmark, Esq.
K, Calvin Asrani, Esq.
Michaud, Mittelmark & Asrani, PLLC
621 NW 53" Street, Suite 395
Boca Raton, FL 33487
Primary Emai! pleadings@michaudlaw.com
Secondary Email: erhodes@michaudlaw,com
(Counsels for Defendant, Martin Memorial Medical Center, Inc.
d/b/a Martin Memorial Medical Center)
Keith J, Puya, Esq.
Hector R, Buigas, Esq.
Law Offices of Keith J. Puya, PA.
4880 Donald Ross Road, Suite 225
Palm Beach Gardens, PL 33418
Primary Email: es ervice@puyalaw.com
Secondary Emai puya@puyalaw.com
(Counsels for Defendants, Kunal Chaudhry, M.D, and Cardiology
Associates of Stuart, P.A,)
*DUCES TECUM: TO HAVE AND BRING WITH YOU AT THE TIME OF THE
DEPOSITION THE FOLLOWING:
SCHEDULE "A"
DUCES TECUM
Any and All the records and images received from Martin Medical Center for Frederic
Charles Greet, Ill’s by Advent Health Orlando f/k/a Florida Hospital Orlando,
*"Documents" shall include, but not be limited to all non-identical copies of writings, drawings,
graphs, charts, photographs, phono-records, recordings, and/or any other data compilations from
which information can be obtained, translated, if necessary, by the party to whom the request is
directed through detection devices into reasonably usable form. "Documents" also include all
electronic data as well as application metadata and system metadata, All inventories and rosters of
your information technology (IT) systems-c.g., hardware, software and data, including but not
limited to network drawings, lists of computing devices (servers, PCs, laptops, PDAs, cell phones,
with data storage and/or transmission features), programs, data maps and security tools and
protocols.
Request for Access and Authorization for Use and/or Disclosure of Protected Health information
Ploase alow a minimum of seven business days to process your roquast,
| understand thal the protected health information specified below may include mental health, substance abuse (6.g., drugs, alcohal) HIV/AIDS status
Informaiton, diagnostic and Weatment records.
Ihave read and understand tho following statements:
1 | understand that AdventHealtly Orlando may be allowed by law to raluge to allow access {o oF disclosureof all or pact of my protected trealth
Information. If access or disclosure Is denied or relused, Adventtlealth Orlando will nol release the information as requested In this
Authorization, and | wil be notitied of the denial/relusat in writing.
2 | understand thal authorizing the disclosure of this health iniarmation is voluntary, | can refuse to sign this aulhorization, | understand that
‘AdvantHealth Orlando will not condllion treatment, paymont, entollmant in any healh plans or my elgbilly for hanefits ° ft decida not to algn
{hs Form.
8. Tundarstand that { may rovoke this Author(zation at any time by notifying AdventHoalth Orlando in wring, but It do, It will net have any afoot
‘on any actions AdvantHealth Orlancio took before It received tho revocation,
4 T understand that there Is potential for Information disclosed based on this authorization to be subject to ve-disclosure by the
recipient and no longor bs prolected by the Privacy Pula,
8 | understand vequs nay be subject to a copying tee.
6 understand that | may see and copy the information desortbod on this form If ask for it, and that | shall recelve @ copy of this form after |
sigh Ifthe request for disclosure was Intinted by Adventtealth Cilando.
7. J understand thls Authorization will explre on 12.) I ‘or whan the following evant occurs: o
{fn axpiratlon dato, event or conditton iy noiad is authori wil explro 1 yaar trom the date signe
(0 ‘is authozntion Is valld lor infounaton ereatest within 12 mouths ator the date tls akathovicaian is i o f , a wel spats Enfonraton,
Traloestsne tis my tesponsiailty to atl Advanttoatth Cifarklo W initiate rosoweap qu based upon tis standiag authorization,
Pationrts Legal Name: Federlc Greer, ill Dave of Bills _ 2420/1968
Aude rat 2856 SE Pace Drive, Port St.Lucie, FL 34084 =
Defiant Phaue Number MAN ee
Lngthoriea Advonitoatth Od noo 0: ISK AQ6010. obtain wom ‘auc ogni La batove requestor.
Maven: ,Somera & Silva, LLP Actress 2256 Glades Road, Sule 232
cary Boca Raton Stale: FL Zi:
Prone: 861-981-8881 Fay: 661-961-8887
Demalt accresn (vla secured sorver).
EPaper (uncorstend thot al racords will bo mailed unless spadtad)
Welectronic
Thy pupase of this requent
Ci Personal Request Troatment (Continued Gave) Homer: Litigation ese
Flecquerst a crs undtor disclose of records for the following dates of sirvics __{Chnck appropriate hoxex batow)
Tlabstract of Record (Diolated Reports, Laboratory, Cardiology, Radiology Hapa its) (Emergency wslelon Sheet Deitiing Records
Clotscharge Summary Cloperative Reports) Cidistory & Physica! FiLoboratory Rosulis [Mental Healih Records
CiPathotogy Reports Radiology Reportis) OXRadiology image(s) DoviPrispoech thorapy Peother-ALt REOORDS RECEIVED
Paton Sigotue: _Aaenenarky Co . Prliwad Patient Nome: Fioderle Giver CENTER
(AP Signature: Print Names
To
Winess Signarseo: 4 larhyee.
ate i L2ADAY
Roques! for Accoss has beon: Cieranted Partially Denlod Denied
I access (s donled and patlent requests roview of denial, contact the Reloase of Information offlee below,
Medical Rocords reloased/accessed: Dato of release/Accose,.. — — ay:
Sond to Release of {nformation:
Emoalt: £/),HIM.CSQ Incoming, Faxes Advanttigallit.com Fax: 407-908-0693 Phono: 407-303-9175
Malling address: AdvontHoalth Orlando Heeith information Management Rolease of information
701 E, Allamonte Or, Sullo 2000 Aliamonte Springs, FL. $2701
‘You havo tho igh to complain (othe Oto of CW gh, The fetonsing ede cane Infoaton:
(tlc of Givs Rights + 8 Dapartmen! of Heat & Human Gecleae i Foreth Sireel, SW. Suite 9B70 Abante, GA 3023 ~ Phone dO4-662-7008; 4O4-N31-200
Preview
Filing # 106801212 E-Filed 04/28/2020 03:11:03 PM IN THE CIRCUIT COURT OF THE 19™ JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO.: 2019CA000015 FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Il and MELISSA ANNE GREER, individually, Plaintiffs, a MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, MD, and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. / NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition, by oral examination, of the person or persons named below, at the time, date, and at the hour and place indicated: NAME: Records Custodian of Advent Health Orlando f/k/a Florida Hospital Orlando See Duces Tecum attached as Exhibit “A” Order — Exhibit “B” Amended Motion to Compel Deposition Duces Tecum of Non-Party — Exhibit “C” DATE: May 22, 2020 TIME: 10:00 am PLACE: Advent Health - Lakeview 701 East Altamonte Drive Suite 2000 Altamonte Springs, FL 32701 Electronically Filed Martin 04/28/2020 03:05 PM Upon oral examination before Esquire Deposition or any other Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial or for such other purposes as are permitted under the Rules of Court, including the applicable Rules of Civil Procedure. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail on this 28 tay of Agcil , 2020 to: SEE ATTACHED SERVICE LIST. Somera & Silva, LLP One Boca Place 2255 Glades Road, Suite 232W Boea Raton, FL 33431 Phone: (561) 981-8881 Fax: (561) 981-8887 Primary Email: pleadings@somerasi]va.com Secondary Email: litig n@soméerasilva.com Attorneys for laintytfs By: a PETER J. [ERA JR., ESQ. FBN: 00; PAU . SILVA, M.D., ESQ. FBN: 0319820 SERVICE LIST Thomas G. Aubin, Esq. Stearns Weaver Mille Weissler Alhadeff& Sitterson, P.A. 200 East Las Olas Boulevard, Suite 2100 Fort Lauderdale, FL 33301 Primary Email: taubin@stearnsweaver.com mpodolnick@stearnsweaver.com Secondary Email: nrodrigues@stearnsweaver.com mpetruk@stearnsweaver.com. knetto@stearnsweaver.com (Counsels for Defendant, Martin Memorial Medical Center, Inc. d/b/a Martin Memorial Medical Center) Keith J. Puya, Esq. Hector R. Buigas, Esq. Law Offices of Keith J. Puya, P.A. 4880 Donald Ross Road, Suite 225 Palm Beach Gardens, FL 33418 Primary Email: eservice@puyalaw.com Secondary Email: kpuya@puyalaw.con: (Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A.) Dinah Stein, Esq. Hicks, Porter, Ebenfeld & Stein, PA 799 Brickell Plaza, 9" Floor Miami, FL 33131 Primary Emails: dstein@mhickslaw.com akozub@mbhickslaw.com Secondary Email: eclerk@mhbickslaw.com (Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A.) Adam J. Richardson, Esq. Burlington & Rockenbach, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 Primary Email: ajr@FLAppellateLaw.com Secondary Email: fa@FLAppellateLaw.com (Appellate Counsel for Plaintiffs) *DUCES TECUM: TO HAVE AND BRING WITH YOU AT THE TIME OF THE DEPOSITION THE FOLLOWING: SCHEDULE "A" DUCES TECUM Any and All the records and images received from Martin Medical Center for Frederic Charles Greer, III by Advent Health Orlando f/k/a Florida Hospital Orlando specifically the bucket in the electronic medical records at Advent Health Medical Group f/k/a Florida Medical Group that contains the records from Martin Medical Center for Frederic Charles Greer, III. *"Documents" shall include, but not be limited to all non-identical copies of writings, drawings, graphs, charts, photographs, phono-records, recordings, and/or any other data compilations from which information can be obtained, translated, if necessary, by the party to whom the request is directed through detection devices into reasonably usable form. "Documents" also include all electronic data as well as application metadata and system metadata. All inventories and rosters of your information technology (IT) systems—e.g., hardware, software and data, including but not limited to network drawings, lists of computing devices (servers, PCs, laptops, PDAs, cell phones, with data storage and/or transmission features), programs, data maps and security tools and protocols. Filing # 106601952 E-Filed 04/23/2020 10:09:48 AM IN THE CIRCUIT COURT OF THE 197 JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO.: 2019CA000015 FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Tl and MELISSA ANNE GREER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, MD, and CARDIOLOGY ASSOCIATES OF STUART, PA, a Florida Profit Corporation, Defendants, / AGREED ORDER ON PLAINTIFFS’ AMENDED MOTION TO COMPEL THE DEPOSITION DUCES TECUM OF NON-PARTY THIS CAUSE having come before the Court on the Agreement of the parties and the Court having reviewed the file, and otherwise being fully advised in the premises, it is ORDERED AND ADJUDGED that: 1 Plaintiffs’ Amended Motion to Compel the Deposition Duces Tecum of Non- Party is hereby GRANTED. 2. Non-party Advent Health Orlando is ordered to comply with the discovery requests and produce the bucket in the electronic medical records at Advent Health Medical Group f/k/a Florida Hospital Orlando that contains the records from Martin Medical Center for Frederick Greer within 15 days. Yam IONE AND ORDERED IN CHAMBERS at Martin County Florida, on , 2020. HONORABFE GARY L. SWEET COPIES FURNISHED TO: All parties on attached service list. EXHIBIT D CASE NO.: 2019CA000015 SERVICE LIST Thomas G. Aubin, Esq. Stearns Weaver Mille Weissler Alhadeff & Sitterson, P.A. 200 East Las Olas Boulevard, Suite 2100 Fort Lauderdale, FL 33301 Primary Email: taubin@stearnsweaver.com mpodolnick@stearnsweaver.com Secondary Email: nrodrigues@stearnsweaver.com mpetruk@stearnsweaver.com knetto. @stearnsweaver. com (Counsels for Defendant, Martin Memorial Medical Center, Inc. d/b/a Martin Memorial Medical Center) Keith J. Puya, Esq. Hector R. Buigas, Esq. Law Offices of Keith J. Puya, P.A. 4880 Donald Ross Road, Suite 225 Palm Beach Gardens, FL 33418 Primary Email: eservice@puyalaw.com Secondary Email: kpuya@puyalaw.com (Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A.) Dinah Stein, Esq. Hicks, Porter, Ebenfeld & Stein, PA 799 Brickell Plaza, 9"" Floor Miami, FL 33131 Primary Emails: dstein@mbickslaw.com akozub@mhickslaw.com Secondary Email: eclerk@mhickslaw.com (Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A,) Adam J. Richardson, Esq. Burlington & Rockenbach, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 Primary Email: ajr@FLAppellateLaw.com Secondary Email: fa@FLAppellateLaw.com (Appellate Counsel for Plaintiffs) Filing # 106276617 E-Filed 04/15/2020 12:46:40 PM IN THE CIRCUIT COURT OF THE 19! JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA. CASE NO.: 2019CA000015 FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, I and MELISSA ANNE GREER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, ING, D/B/A MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, MD, and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. ~ / AMENDED MOTION TO COMPEL THE DEPOSITION DUCES TECUM OF NON-PARTY COMES NOW, the Plaintiffs, FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, II] and MELISSA ANNE GREER, individually, by and through undersigned counsel, and hereby files this Amended Motion to Compel the Deposition Duces Tecum of Non-party, and as grounds therefore states as follows: 1 Plaintiff filed Notice of taking Deposition Duces Tecum of Record Custodian of Advent Health Orlando and attached as Schedule “A” as “Any and All the records and images received from Martin Medical Center for Frederick Charles Greer, II] by Advent Health Orlando EXHIBIT C By meme nnnn f/k/a Florida Hospital Orlando”, with a completed Disclosure of Protected Health Information on Advent Health Orlando signed by Frederick Charles Greer, If], See Exhibit “1”. 2 The Records Custodian of Advent Health Orlando was subpoenaed for Deposition with attached Schedule “A” as “Any and All the records and images received from Martin Medical Center for Frederick Charles Greer, III by Advent Health Orlando f/k/a Florida Hospital Orlando” and was served on March 13, 2020, See Exhibit “2”. 3 Lillian Jordan, record custodian of Advent Health Orlando f/k/a Florida Hospital Orlando and record custodian of Advent Health Medical Group f/k/a Florida Medical Group appeared for the deposition on March 20, 2020 with the records requested from Advent Health Orlando f/k/a Florida Hospital Orlando and testified there is a bucket in the electronic medical records at Advent Health Medical Group f/k/a Florida Medical Group which contains the records from Martin Medical Center and that she would only release them with a Court Order. See Exhibit “3”, 4 Plaintiff is entitled to be provided with these documents under Florida Rule of Civil Procedure 1.310 (b) (1), Depositions Upon Oral Examination. See Exhibit “4”. 5 Florida Rule of Civil Procedure Rule 1.350, Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes, states any party may request another party to copy items that are in possession, custody, or control of the party to whom the request is directed. See Exhibit “5”. WHEREFORE, Plaintiff respectfully seeks an Order Compelling the Record Custodian of Advent Health Medical Group f/k/a Florida Hospital Medical Group to appear at a Records Custodian deposition with “Any and All the records and images received from Martin Medical Center for Frederick Charles Greer, IL1 by Advent Health Medical Group f/k/a Florida Hospital Medical Group”. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail on this | § } day of Ag al , 2020 to: SEE ATTACHED SERVICE LIST. Somera & Silva, LLP One Boca Place 2255 Glades Road, Suite 232W Boca Raton, FL 33431 Phone: (561) 981-8881 Fax: (561) 981- 887 Primary Email: ple§dings@somerasilva.com Secondary Email: ations @somerasilva.com Attorneys for Plaigi B ~ PETER J. SO MERA JR., ESQ. FBN: 0054267 PAUL M. SILVA, M.D., ESQ. FBN: 0319820 SERVICE LIST Thomas G. Aubin, Esq. Stearns Weaver Mille Weissler Alhadeff& Sitterson, P.A. 200 East Las Olas Boulevard, Suite 2100 Fort Lauderdale, FL 33301 Primary Email: taubin@stearnsweaver.com mpodolnick@stearnsweaver.com Secondary Email: nrodrigues@stearnsweaver.com mpetruk@stearnsweaver.com knetto@stearnsweaver.com (Counsels for Defendant, Martin Memorial Medical Center, Inc. d/b/a Martin Memorial Medical Center) Keith J. Puya, Esq. Hector R. Buigas, Esq. Law Offices of Keith J. Puya, P.A. 4880 Donald Ross Road, Suite 225 Palm Beach Gardens, F'L 33418 Primary Email ce@puy mn Secondary Em: va(@pu m (Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A.) Dinah Stein, Esq. Hicks, Porter, Ebenfeld & Stein, PA 799 Brickell Plaza, 9" Floor Miami, FL 33131 Primary Emails: dstein@mhickslaw.com akozub@mhickslaw.com Secondary Email: eclerk@mhickslaw.com (Counsel for Defendants, Kunal Chaudhry, M.D, and Cardiology Associates of Stuart, P.A.) Adam J, Richardson, Esq. Burlington & Rockenbach, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 Primary Email: ajr@FLAppellateLaw.com Secondary Email: fa@FLA\ ellateLaw.com (Appellate Counsel for Plaintiffs) Filing # 104690756 E-Filed 03/11/2020 10:46:13 AM IN THE CIRCUIT COURT OF THE 19™ JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO.: 2019CA000015 FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Tl and MELISSA ANNE GREER, individually, Plaintiffs, vs, MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, MD, and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. / NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition, by oral exalKa} ‘on, of the person or persons named below, at the time, date, and at the hour and place indicated: NAME: Records Custodian of Advent Health Orlando f/k/a Florida Hospital Orlando See Duces Tecum attached as Exhibit “A” Order ~ Exhibit “B” Motion to Compel Deposition - Exhibit “C” DATE: March 20, 2020 TIME: 10:00 am PLACE: Advent Health - Lakeview 701 East Altamonte Drive Suite 2000 Altamonte Springs, FL 32701 EXHIBIT Upon oral examination before Esquire Deposition or any other Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial or for such other purposes as are permitted under the Rules of Court, including the applicable Rules of Civil Procedure. CERTIFICATE OF SERVICE ds 1 HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail on this I day of (ara ; 2020 to: SEE ATTACHED SERVICE LIST. Somera & Silva, LLP One Boca Place 2255 Glades Road, Suite 232W Boca Raton, FL 33431 Phone: (561) 981-8881 Fax: (561) 981-8887 Primary Email: pleadings@somerasi off Secondary Email ation@some) om Attorneys for Plai By: PETER J. i FBN: 005: 67 MERA JR. ESQ PAUL M, SILVA, M.D., ESQ IBN: 0319820 SERVICE LIST Thomas G. Aubin, Esq. Stearns Weaver Mille Weissler Alhadeff & Sitterson, P.A. 200 East Las Olas Boulevard, Suite 2100 Fort Lauderdale, FL. 33301 Primary Email: taubin@stearnsweaver.com mpodolnick@stearnsweaver.com Secondary Email: nrodrigi wes@stearnsweaver.com mpetruk@stearnsweaver.com answeaver.co: knetto@steamsweaver.com (Counsels for Defendant, Martin Memorial Medical Center, Ine. @/b/a Martin Memorial Medical Center) Keith J. Puya, Esq. Hector R. Buigas, Esq. Law Offices of Keith J. Puya, PLA. 4880 Donald Ross Road, Suite 225 Palm Beach Gardens, FL 33418 Primary Email: eservice@puyalaw. m Secondary Email: kpuya@puyalaw.com (Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A.) Dinah Stein, Esq. Hicks, Porter, Ebenfeld & Stein, PA 799 Brickell Plaza, 9" Floor Miami, FL 33131 Primary Emails; dstein@mhickslaw.com akozub@mhickslaw.com Secondary Email: eclerk@mhickslaw.com (Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A.) Adam J. Richardson, Esq. Burlington & Rockenbach, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 Primary Email: ajr@FLAppellateLaw.com Secondary Email: fa@FLAppellateLaw.com (Appellate Counsel for Plaintiffs) *DUCES TECUM: TO HAVE AND BRING WITH YOU AT THE TIME OF THE DEPOSITION THE FOLLOWING: SCHEDULE "A" DUCES TECUM Any and All the records and images received from Martin Medical Center for Frederic Charles Greer, II] by Advent Health Orlando fik/a Florida Hospital Orlando, *"Documents" shall include, but not be limited to all non-identical copies of writings, drawings, graphs, charts, photographs, phono-records, recordings, and/or any other data compilations from which information can be obtained, translated, if necessary, by the party to whom the request is directed through detection devices into reasonably usable form. "Documents" also include all electronic data as well as application metadata and system metadata. All inventories and rosters of your information technology (IT) systems—e.g., hardware, software and data, including but not limited to network drawings, lists of computing devices (servers, PCs, laptops, PDAs, cell phones, with data storage and/or transmission features), programs, data maps and security tools and protocols. i ‘Filing # 104637316 E-Filed 03/10/2020 02:03:32 PM IN ‘THE CIRCUIT COURT OF THE 1974 JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA. CASE NO.: 2019CA000015 FREDERIC CHARLES GREER, Il and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Mi and MELISSA ANNE GREER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, MD, and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. / ORDER ON PLAINTIFFS’ MOTION TO COMPEL THE DEPOSITION DUCES TECOM OF NON-PARTY. THIS MATTER came before the Court on Plaintiffs’ Motion to Compel the Deposition Duces Tecum of Non-Party, and the Court having reviewed the Motion, and being otherwise advised in the premises; it is ORDERED AND ADJUDGED that the Motion be, and the same is hereby GnanrenppenteD: Mon pecty Nal. uxt Health. Orlando te Leap ¥ c wt JUS covens req est watt | > ies EXHIBIT ee DONE AND ORDERED lo in Chambers in Martin County, Florida this a day of Mace , 2020. HONORABLE GARY ¥, SWEET Copies furnished to: Keith J. Puya, Esq, Paul M. Silva, MD, Esq. Hector R. Buigas, Esq. Somera & Silva, LLP Law Offices of Keith J. Puya, PA. One Boca Place 4880 Donald Ross Road, Suite 225 2255 Glades Road, Suite 232W. Palm Beach Gardens, FL 33418 Boca Raton, FL 33431 Primary Email: eservice@puyalaw.com Primary Email: pleadings@somerasilva.com Secondary Email: kpuya@puyalaw.com Secondary Email: litigation@somerasily: mn (Counsels for Defendants, Kunal Chaudhry, (Counsel for Plaintiffs) M.D. and Cardiology Associates of Stuart, PA) Thomas G, Aubin, Esq. Stearns Weaver Mille Weissler Alhadeff & Dinah Stein, Esq. Sitterson, P.A. Hicks, Porter, Ebenfeld & Stein, PA 200 East Las Olas Boulevard. 799 Brickell Plaza Suite 2100 9" Floor Fort Lauderdale, FL 33301 Miami, FL 33131 Primary Email: taubini stearnsweaver.com Primary Emails: dstein@mhickslaw.com mpodolnick@st isweaver.com akozub@m! hickslaw. mn Secondary Bim: Secondary Email: eclerk@mh eclerk@m ksla nrodrigues@stearnsweaver.com (Counsel for Defendants, Kunal Chau "Ys mpetruk@stearnsweaver m MD. and Cardiology Associates of Stuari, knettoy steamsweavel om. P.A,) (Counsels for Defendant, Martin Memorial Medical Center, Inc, d/b/a Martin Memorial Adam Richardson, Esq, Medical Center) Burlington & Rockenbach, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 Primary Email: ajr@FLAppellateLaw.com Secondary Email: fa@FLAppellateLaw.com (Appellate Counsel for Plaintiffs) Filing # 102437580 E-Filed 01/29/2020 03:24:02 PM IN THE CIRCUIT COURT OF THE 19™ JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA. CASE NO.: 2019CA000015 FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, MH and MELISSA ANNE GREER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, MD, and CARDIOLOGY ASSOCIATES OF STUART, BA, a Florida Profit Corporation, Defendants, —— ~ ~ / MOTION TO COMPEL THE DEPOSITION DUCES TECUM OF NON-PARTY NOW, the Plaintiffs, FREDERIC CHARLES GREER, Il and MELISSA ANNE, COMES MELISSA ANNE, GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Til and individually, by and through undersigned counsel, and hereby files this Motion to GREER, states as follows: Compel the Deposition Duces Tecum of Non-patty, and as grounds therefore Custodian of 1 Plaintiff filed Notice of taking Deposition Duces Tecum of Record and images Advent Health Orlando and attached as Schedule “A” as “Any and All the records Health Orlando received from Martin Medical Center for Frederick Charles Greer, II by Advent Information on f/k/a Florida Hospital Orlando”, with a completed Disclosure of Protected Health Advent Health Orlando signed by Frederick Charles Greer, Il. See Exhibit “1. EXHIBIT a 2 The Records Custodian of Advent Health Orlando was subpoenaed for Deposition with attached Schedule “A” as “Any and All the records and images received from Martin Florida Hospital Medical Center for Frederick Chatles Greer, ITI by Advent Health Orlando fik/a Orlando” and was served on January 2, 2020, See Exhibit “2”, 3 Lillian Jordan, record custodian of Advent Health Orlando f/k/a Florida Hospital is a bucket Orlando appeared for the deposition without the records requested and testified there which in the electronic medical records at Advent Health Orlando fii/a Florida Hospital Orlando them with a contains the records from Martin Medical Center and that she would only release Court Order, See Exhibit “3”, under Florida Rule of 4 Plaintiff is entitled to be provided with these documents See Exhibit “4”. Civil Procedure 1.310 (b) (1), Depositions Upon Oral Examination. 5. Florida Rule of Civil Proce: nre Rule 1.350, Production of Documents and Things s, states any parly may request another and Entry Upon Land for Inspection and Other Purpose party (o copy items that are in possession, custody, or contr ‘ol of the party to whom the request is directed, See Exhibit “5”. the ejection fraction of Mr. 6. Clearly, this information is vital in this matter, in that y’s consult note and that Greer at Martin Medical Center is documented as 50% in Dr. Silvester See Exhibit “6”, information is not contained in the Martin Medical Center record, testified that the ejection fraction of 50% is not a In addition, Dr. Silvestry estimated after impella insertion and would lead one to believe that the ejection fra ction was performed at Martin Medical during-at some point during the initial catheterization, whic! h was Center, See Exhibit “7”, page 20, line 20-21, line 11. Record Custodian WHEREFORE, Plaintiff respectfully seeks an Order Compelling the of Advent Health Orlando f/k/a Florida Hospital Orlando to appear at a Records Custodian deposition with “Any and All the records and images received from Marlin Medical Center for Frederick Charles Greer, III by Advent Health Orlando f/k/a Florida Hospital Orlando’ CERTIFICATE OF SERVICE I HEREBY CERTIFY electronic mail on this a 4 that day of Snag true and correct copy of the foregoing was sent via 2020 to; SEB ATTACHED SERVICE LIST. Somera & Silva, LLP One Boca Place 2255 Glades Road, Suite 232W Boca Raton, FL 33431 Phone: ($61) 981-8881 Fax: (S61) 981-8887 Primary Email: pleadings@somerasil lva.com Secondary Email gation@somerasilva.com Attorneys for Pl: ee 7.G By PETE SOMERA.AK ESQ. FBN: 54267 PAUL/M, SILVA, M.D., BSQ FBN;/0319820 SERVICE LIST Michael K, Mittelmark, Esq. K. Calvin Asrani, Esq. Michaud, Mittelmark & Asrani, PLLC 621 NW 53” Street, Suite 395 Boca Raton, FL 33487 Primary Email: pleadings@michaudlaw.com Secondary Email rhodes@michaudlaw.com (Counsels for Defendant, Martin Memorial Medical Center, Ine. d/b/a Martin Memorial Medical Center) Keith J. Paya, Esq. Hector R, Buigas, Esq. Law Offices of Keith J. Puya, P.A, 4880 Donald Ross Road, Suite 225 Palm Beach Gardens, FL 33418 Primary Email: eservice@puyalaw.com Secondary Email: Ipuyat uyalaw.com (Counsels for Defendants, Kunal Chaudhry, M.D. and Cardiology Associates of Stuart, P.A,) Dinah Stein, Esq. Hicks, Porter, Bbenfeld & Stein, PA 799 Brickell Plaza, 9" Floor Miami, FL 33131 Primary Emails: dstein@mhickslaw.com akozub@mhick: om, Secondary Email; ecierk@mhickslaw.cor (Counsel for Defendants, Kunal Chaudhry, M.D. and Cardiology Associales of Stuart, P.A,) Filing # 100486585 E-Filed 12/18/2019 09:59:33 AM IN THE CIRCUIT COURT OF THE 19™ JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO: 2019CA000015 FREDERIC CHARLES GREER, II and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Il and MELISSA ANNE GRI SER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, INC, D/B/A. MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHARY, MD, and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. — = ee / NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition, by oral examination, of the person or persons named below, at the time, date, and at the hour and place indicated: NAME: Records Custodian of Advent Health Orlando f/k/a Florida Hospital Orlando See Duces Tecum attached as Exhibit “A” DATE: January 27, 2020 TIME: 10:00 am PLACE: Advent Health - Lakeview 701 Bast Altamonte Drive Suite 2000 Altamonte Springs, FL 32701 EXHIBIT uw _ Upon oral examination before Esquire Deposition or any other Notary Public or officer authorized by law to take depositions in the State of Florida, The oral examination will continue from day to day until completed, ‘he deposition is being taken for the purpose of discovery, for use at trial or for such other purposes as are permitted under the Rules of Court, including the applicable Rules of Civil Procedure, CERTMICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic nail on this [Bday of ecoalea, 2019 to: SEE ATTACHED SERVICE LIST. Somera & Silva, LLP One Boca Place 2255 Glades Road, Suite 232W Boca Raton, FL 33431 Phone: ($61) 981-8881 Fax: (561) 981-8887 Primary Email: pleading: s@son om Secondary Email tigation com Attorneys for Plaintiffs ? By: PETER J, SO! ERA PBN: 0054267 PAUL M. SILVX, M.D., ESQ. IBN; 0319820 SERVICE LIS’ Michael K, Mittelmark, Esq. K, Calvin Asrani, Esq. Michaud, Mittelmark & Asrani, PLLC 621 NW 53" Street, Suite 395 Boca Raton, FL 33487 Primary Emai! pleadings@michaudlaw.com Secondary Email: erhodes@michaudlaw,com (Counsels for Defendant, Martin Memorial Medical Center, Inc. d/b/a Martin Memorial Medical Center) Keith J, Puya, Esq. Hector R, Buigas, Esq. Law Offices of Keith J. Puya, PA. 4880 Donald Ross Road, Suite 225 Palm Beach Gardens, PL 33418 Primary Email: es ervice@puyalaw.com Secondary Emai puya@puyalaw.com (Counsels for Defendants, Kunal Chaudhry, M.D, and Cardiology Associates of Stuart, P.A,) *DUCES TECUM: TO HAVE AND BRING WITH YOU AT THE TIME OF THE DEPOSITION THE FOLLOWING: SCHEDULE "A" DUCES TECUM Any and All the records and images received from Martin Medical Center for Frederic Charles Greet, Ill’s by Advent Health Orlando f/k/a Florida Hospital Orlando, *"Documents" shall include, but not be limited to all non-identical copies of writings, drawings, graphs, charts, photographs, phono-records, recordings, and/or any other data compilations from which information can be obtained, translated, if necessary, by the party to whom the request is directed through detection devices into reasonably usable form. "Documents" also include all electronic data as well as application metadata and system metadata, All inventories and rosters of your information technology (IT) systems-c.g., hardware, software and data, including but not limited to network drawings, lists of computing devices (servers, PCs, laptops, PDAs, cell phones, with data storage and/or transmission features), programs, data maps and security tools and protocols. Request for Access and Authorization for Use and/or Disclosure of Protected Health information Ploase alow a minimum of seven business days to process your roquast, | understand thal the protected health information specified below may include mental health, substance abuse (6.g., drugs, alcohal) HIV/AIDS status Informaiton, diagnostic and Weatment records. Ihave read and understand tho following statements: 1 | understand that AdventHealtly Orlando may be allowed by law to raluge to allow access {o oF disclosureof all or pact of my protected trealth Information. If access or disclosure Is denied or relused, Adventtlealth Orlando will nol release the information as requested In this Authorization, and | wil be notitied of the denial/relusat in writing. 2 | understand thal authorizing the disclosure of this health iniarmation is voluntary, | can refuse to sign this aulhorization, | understand that ‘AdvantHealth Orlando will not condllion treatment, paymont, entollmant in any healh plans or my elgbilly for hanefits ° ft decida not to algn {hs Form. 8. Tundarstand that { may rovoke this Author(zation at any time by notifying AdventHoalth Orlando in wring, but It do, It will net have any afoot ‘on any actions AdvantHealth Orlancio took before It received tho revocation, 4 T understand that there Is potential for Information disclosed based on this authorization to be subject to ve-disclosure by the recipient and no longor bs prolected by the Privacy Pula, 8 | understand vequs nay be subject to a copying tee. 6 understand that | may see and copy the information desortbod on this form If ask for it, and that | shall recelve @ copy of this form after | sigh Ifthe request for disclosure was Intinted by Adventtealth Cilando. 7. J understand thls Authorization will explre on 12.) I ‘or whan the following evant occurs: o {fn axpiratlon dato, event or conditton iy noiad is authori wil explro 1 yaar trom the date signe (0 ‘is authozntion Is valld lor infounaton ereatest within 12 mouths ator the date tls akathovicaian is i o f , a wel spats Enfonraton, Traloestsne tis my tesponsiailty to atl Advanttoatth Cifarklo W initiate rosoweap qu based upon tis standiag authorization, Pationrts Legal Name: Federlc Greer, ill Dave of Bills _ 2420/1968 Aude rat 2856 SE Pace Drive, Port St.Lucie, FL 34084 = Defiant Phaue Number MAN ee Lngthoriea Advonitoatth Od noo 0: ISK AQ6010. obtain wom ‘auc ogni La batove requestor. Maven: ,Somera & Silva, LLP Actress 2256 Glades Road, Sule 232 cary Boca Raton Stale: FL Zi: Prone: 861-981-8881 Fay: 661-961-8887 Demalt accresn (vla secured sorver). EPaper (uncorstend thot al racords will bo mailed unless spadtad) Welectronic Thy pupase of this requent Ci Personal Request Troatment (Continued Gave) Homer: Litigation ese Flecquerst a crs undtor disclose of records for the following dates of sirvics __{Chnck appropriate hoxex batow) Tlabstract of Record (Diolated Reports, Laboratory, Cardiology, Radiology Hapa its) (Emergency wslelon Sheet Deitiing Records Clotscharge Summary Cloperative Reports) Cidistory & Physica! FiLoboratory Rosulis [Mental Healih Records CiPathotogy Reports Radiology Reportis) OXRadiology image(s) DoviPrispoech thorapy Peother-ALt REOORDS RECEIVED Paton Sigotue: _Aaenenarky Co . Prliwad Patient Nome: Fioderle Giver CENTER (AP Signature: Print Names To Winess Signarseo: 4 larhyee. ate i L2ADAY Roques! for Accoss has beon: Cieranted Partially Denlod Denied I access (s donled and patlent requests roview of denial, contact the Reloase of Information offlee below, Medical Rocords reloased/accessed: Dato of release/Accose,.. — — ay: Sond to Release of {nformation: Emoalt: £/),HIM.CSQ Incoming, Faxes Advanttigallit.com Fax: 407-908-0693 Phono: 407-303-9175 Malling address: AdvontHoalth Orlando Heeith information Management Rolease of information 701 E, Allamonte Or, Sullo 2000 Aliamonte Springs, FL. $2701 ‘You havo tho igh to complain (othe Oto of CW gh, The fetonsing ede cane Infoaton: (tlc of Givs Rights + 8 Dapartmen! of Heat & Human Gecleae i Foreth Sireel, SW. Suite 9B70 Abante, GA 3023 ~ Phone dO4-662-7008; 4O4-N31-200