Preview
INDEX NO. 21169/2011E
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017
O'CONNOR McGUINNESS CONTE DOYLE
OLESON WATSON & LOFTUS, LLP
Attorneys at Law
Rocco Conte*
Dennis T. Doyle Dennis L. O'Connor (1913-1989)
Richard C. Ofeson One Barker Avenue, Suite 675 William S. Oleson (1947-2002)
Dennis L. O'Connor, Jr. White Plains, New York 10601 Eugene J. McGuinness (1928-2013)
William R. Watson
Kevin M. Loftus
Philomena Basukxt
Montgomery Lee Effinger* Telephone (914) 948-4500
Facsimile (914) 948-0645 272 Mill Street
Poughkeepsie, NY 12601
Robert A. Wolf www.omcdoc.com
Katherine A. LynchA.
Elizabeth Holmes{*
Robert E. Cosentino
Monica G, Snitil 75 Rockefeller Plaza
Kenneth K. Haldenstein
Linda Montes 16" Floor
Heather M. Haralambides New York, NY 10019
Lauren C. Santucci (212) 685-8095
Therese A. Evans
Denis E, McGuinness
Charles G. Smith
* Member of NY and CT Bars.
3% Member of NY and NJ Bars:
AMember of NY, CT and DC Bars
Member of NY, CT and FL Bars
March 16, 2017
Hach & Rose, LLP
185 Madison Avenue
New York, New York 10016
Attn: Michael Rose, Esq.
Re: Phillips v. Swiss
Index No. 021169/2011E
Our File No. 901-2279
Dear Mr. Rose:
Pursuant to the Court Order dated February 16, 2017, you were to provide authorizations for the following
providers within 30 days:
1 Plaintiff's academic, attendance, health and athletic records from North Marion Middle
School
Connectivity Center
Free Motion PT
Plaintiff's April 2016 CT scan
CVS Pharmacy
Richard Nadolny
Teresa Martini Center for Movement and Dynamic Change
Dr. Brevard
University Group Medical (with dates of service)
10 Dr. Borzowski
11 Dr. Saltzman
12 ACS Recovery (with sick leave pay info)
13 Social Security disability hearing transcripts
INDEX NO. 21169/2011E
(FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017
Page 2
14. Union records (we were previously advised that plaintiff was not a member of DC-37)
15. Health Essential (Group No. 97513; ID No. H301925848)
16. Sick-leave provider to obtain copies of all sick-leave documentation and sick-leave
payments made to plaintiff
To date, we have not received the above authorizations. As you well know, we will not be in a position to
set down dates for plaintiff's continued deposition without first having an opportunity to obtain and process
all authorizations.
Additionally, you were also to provide any letter of protection issued by Hach & Rose within 30 days. To
date, we have not received same.
Please provide the above discovery within ten (10) days to avoid further Court intervention.
Thank you for your attention and cooperation in this matter.
Very Truly Yours,
‘a lif € rie
LINDA MONTES
ce: Havkins Rosenfeld Ritzert & Varriale, LLP
114 Old Country Road, Suite 300
Mineola, New York 11051
Attn: Jessica Serva, Esq.
File No. 11190-000305
INDEX NO. 21169/2011E
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017
O'CONNOR McGUINNESS CONTE DOYLE
OLESON WATSON & LOFTUS, LLP
Attorneys at Law
Rocco Conte*
Dennis T. Doyle Dennis L. O'Connor (1913-1989)
Richard C. Oleson One Barker Avenue, Suite 675 William S. Oleson (1947-2002)
Dennis L. O'Connor, Jr. White Plains, New York 10601 Eugene J. McGuinness (1928-2013)
William R. Watson
Kevin M. Loftus
Philomena Basukx¢
Montgomery Lee Effinger* Telephone (914) 948-4500
Facsimile (914) 948-0645 272 Mill Street
Poughkeepsie, NY 12601
Robert A. Wolf www.omcdoc.com
Katherine A. Lynch
Elizabeth Holmes:
Robert E. Cosentino
Monica G, Snitil, 75 Rockefeller Plaza
Kenneth K. Haldenstein
Linda Montes 16" Floor
Heather M. Haralambides lew York, NY 10019
Lauren C, Santucci (212) 685-8095
Therese A. Evans
Denis E. McGuinness
Charles G. Smith
* Member of NY and CT Bars
Member of NY and NJ Bars
AMember of NY, CT and DC Bars
(Member of NY, CT and FL Bars
May 9, 2017
Hach & Rose, LLP
185 Madison Avenue
New York, New York 10016
Attn: Michael Rose, Esq.
Re: Phillips v. Swiss
Index No. 021169/2011E
Our File No. 901-2279
Dear Mr. Rose:
Thank you for your correspondence dated April 19, 2017 which was received by this office on May 5, 2017.
We respectfully reject the authorizations you provided with your correspondence as they are not notarized.
Please provide new original signed and notarized HIPAA-compliant authorizations.
Moreover, we previously advised that the authorizations for Dr. Jose Ramos and Dr. Joy Huddleston
(addressed to 5201 Raymond Street, Orlando, FL 32803) were unable to be processed. We were advised by
the Department of Veterans Affairs that no medical treatment was provided to Ms. Phillips at the Orlando
VA Medical Center, however, each VA medical facility maintains its own records. Surely you should be
able to determine at which VA medical facility location(s) your client treated with Dr. Ramos and Dr.
Huddleston and provide authorizations with those correct location addresses.
Furthermore, along with our correspondence dated April 6, 2017 we provided you with an “Authorization
to Release Protected Health Information” specific to Health First Medical Group. We advised that the
authorizations you provided for Dr. Michael Shapiro and Health First Medical Group could not be processed
because they require their own form. Please provide the signed form.
INDEX NO. 21169/2011E
(FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017
Page 2
Please also note that in addition to the above, the following discovery remains outstanding:
1 Pursuant to the February 16, 2017 Court Order, authorizations for:
° Social Security Disability hearing transcripts
e Union records (we were previously advised that plaintiff was not a member of DC-
37)
Health Essential (Group No. 97513; ID No. H301925848)
Sick-leave provided to obtain copies of all sick-leave documentation and sick-leave
payments made to plaintiff
Response to Demand for Authorizations (for primary care physician, Dr. Tavarez) dated
April 11, 2017
Response to Demand for Authorizations (for Law Office of David C. Brown for the non-
privileged legal file regarding plaintiff's Social Security Disability case) dated May 8, 2017.
Kindly provide the above discovery as soon as possible.
Thank you for your attention and cooperation in this matter.
Very Truly Yours,
My hn
LINDA MONTES
CC: Havkins Rosenfeld Ritzert & Varriale, LLP
114 Old Country Road, Suite 300
Mineola, New York 11051
Attn: Jessica Serva, Esq.
File No. 11190-000305
INDEX NO. 21169/2011E
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017
O'CONNOR McGUINNESS CONTE DOYLE
OLESON WATSON & LOFTUS, LLP
Attorneys at Law
Rocco Conte*
Dennis T. Doyle Dennis L. O'Connor (1913-1989)
Richard C. Oleson One Barker Avenue, Suite 675 William S. Oleson (1947-2002)
Dennis L. O'Connor, Jr. White Plains, New York 10601 Bugene J. McGuinness (1928-2013)
William R. Watson
Kevin M. Lofius
Philomena Basukit
Montgomery Lee Effinger* Telephone (914) 948-4500
Facsimile (914) 948-0645 272 Mill Street
Robert, A. Wolf
Poughkeepsie, NY 12601
www.omcdoc.com
ine A. LynchA
Elizabeth Holmesxt
Robert E. CosentinoO
Monica G, Sniti 75 Rockefeller Plaza
Kenneth K. Haldenstein
Linda Montes 16" Floor
Heather M. Haralambides New York, NY 10019
Lauren C. Santucci (212) 685-8095
Therese A. Evans
Denis E. McGuinness
Charles G. Smith
* Member of NY and CT Bars
i Member of NY and NJ Bars
AMember of NY, CT and DC Bars
CMember of NY, CT and FL Bars
May 18, 2017
Hach & Rose
185 Madison Avenue
New York, New York 10016
Attn: John Blyth
Re: Phillips v. Swiss
Our File No.: 901-2279
Dear Mr. Blyth:
As you requested, I am returning the authorizations you provided with your correspondence dated April
19, 2017. Pursuant to the Court’s direction at today’s status conference, please contact the Florida Board
of Medicine to obtain the addresses of these providers, and provide original, notarized, HIPAA compliant
authorizations for same within 30 days.
Thank you.
Very Truly Yours,
20 Ark
LINDA MONTES
Enc
INDEX NO. 21169/2011E
NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017
O'CONNOR McGUINNESS CONTE DOYLE
OLESON WATSON & LOFTUS, LLP
Attorneys at Law
Rocco Conte* Dennis L. O'Connor (1913-1989)
Dennis T, Doyle
Richard C. Oleson One Barker Avenue, Suite 675 William S. Oleson (1947-2002)
Dennis L. O'Connor, Jr. White Plains, New York 10601 Eugene J. McGuinness (1928-2013)
William R. Watson
Kevin M. Loftus
Philomena Basukxt
Montgomery Lee Effinger* Telephone (914) 948-4500
Facsimile (914) 948-0645 272 Mill Street
Poughkeepsie, NY 12601
Robert A. Wolf www.omcdoc.com
Katherine A. Lynch
Elizabeth Holmes:
Robert E. Cosentino
Monica G, Sniti 75 Rockefeller Plaza
Kenneth K. Haldenstein 16" Floor
Linda Montes
Heather M. Haralambides New York, NY 10019
Lauren C, Santucci (212) 685-8095
Therese A. Evans
Denis E. McGuinness
Charles G, Smith
* Member of NY and CT Bars
3X Member of NY and NJ Bars
AMember of NY, CT and DC Bars
(Member of NY, CT and FL Bars
October 13, 2017
Hach & Rose, LLP
185 Madison Avenue
New York, New York 10016
Attn: John Blyth
Re: Phillips v. Swiss
Index No, 021169/2011E
Our File No. 901-2279
Dear Mr. Blyth:
We are in receipt of your correspondence dated October 11, 2017, however, we must respectfully reject this
discovery response, as all the authorizations you provided are addressed to co-defense counsel, Havkins,
Rosenfeld, Ritzert & Varriale, LLP.
You remain in violation of the February 6, 2017 and May 18, 2017 Court Orders.
Very Truly Yours,
LINDA MONTES
ce; Havkins Rosenfeld Ritzert & Varriale, LLP
114 Old Country Road, Suite 300
Mineola, New York 11051
File No. 11190-000305
Preview
INDEX NO. 21169/2011E NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017 O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys at Law Rocco Conte* Dennis T. Doyle Dennis L. O'Connor (1913-1989) Richard C. Ofeson One Barker Avenue, Suite 675 William S. Oleson (1947-2002) Dennis L. O'Connor, Jr. White Plains, New York 10601 Eugene J. McGuinness (1928-2013) William R. Watson Kevin M. Loftus Philomena Basukxt Montgomery Lee Effinger* Telephone (914) 948-4500 Facsimile (914) 948-0645 272 Mill Street Poughkeepsie, NY 12601 Robert A. Wolf www.omcdoc.com Katherine A. LynchA. Elizabeth Holmes{* Robert E. Cosentino Monica G, Snitil 75 Rockefeller Plaza Kenneth K. Haldenstein Linda Montes 16" Floor Heather M. Haralambides New York, NY 10019 Lauren C. Santucci (212) 685-8095 Therese A. Evans Denis E, McGuinness Charles G. Smith * Member of NY and CT Bars. 3% Member of NY and NJ Bars: AMember of NY, CT and DC Bars Member of NY, CT and FL Bars March 16, 2017 Hach & Rose, LLP 185 Madison Avenue New York, New York 10016 Attn: Michael Rose, Esq. Re: Phillips v. Swiss Index No. 021169/2011E Our File No. 901-2279 Dear Mr. Rose: Pursuant to the Court Order dated February 16, 2017, you were to provide authorizations for the following providers within 30 days: 1 Plaintiff's academic, attendance, health and athletic records from North Marion Middle School Connectivity Center Free Motion PT Plaintiff's April 2016 CT scan CVS Pharmacy Richard Nadolny Teresa Martini Center for Movement and Dynamic Change Dr. Brevard University Group Medical (with dates of service) 10 Dr. Borzowski 11 Dr. Saltzman 12 ACS Recovery (with sick leave pay info) 13 Social Security disability hearing transcripts INDEX NO. 21169/2011E (FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017 Page 2 14. Union records (we were previously advised that plaintiff was not a member of DC-37) 15. Health Essential (Group No. 97513; ID No. H301925848) 16. Sick-leave provider to obtain copies of all sick-leave documentation and sick-leave payments made to plaintiff To date, we have not received the above authorizations. As you well know, we will not be in a position to set down dates for plaintiff's continued deposition without first having an opportunity to obtain and process all authorizations. Additionally, you were also to provide any letter of protection issued by Hach & Rose within 30 days. To date, we have not received same. Please provide the above discovery within ten (10) days to avoid further Court intervention. Thank you for your attention and cooperation in this matter. Very Truly Yours, ‘a lif € rie LINDA MONTES ce: Havkins Rosenfeld Ritzert & Varriale, LLP 114 Old Country Road, Suite 300 Mineola, New York 11051 Attn: Jessica Serva, Esq. File No. 11190-000305 INDEX NO. 21169/2011E NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017 O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys at Law Rocco Conte* Dennis T. Doyle Dennis L. O'Connor (1913-1989) Richard C. Oleson One Barker Avenue, Suite 675 William S. Oleson (1947-2002) Dennis L. O'Connor, Jr. White Plains, New York 10601 Eugene J. McGuinness (1928-2013) William R. Watson Kevin M. Loftus Philomena Basukx¢ Montgomery Lee Effinger* Telephone (914) 948-4500 Facsimile (914) 948-0645 272 Mill Street Poughkeepsie, NY 12601 Robert A. Wolf www.omcdoc.com Katherine A. Lynch Elizabeth Holmes: Robert E. Cosentino Monica G, Snitil, 75 Rockefeller Plaza Kenneth K. Haldenstein Linda Montes 16" Floor Heather M. Haralambides lew York, NY 10019 Lauren C, Santucci (212) 685-8095 Therese A. Evans Denis E. McGuinness Charles G. Smith * Member of NY and CT Bars Member of NY and NJ Bars AMember of NY, CT and DC Bars (Member of NY, CT and FL Bars May 9, 2017 Hach & Rose, LLP 185 Madison Avenue New York, New York 10016 Attn: Michael Rose, Esq. Re: Phillips v. Swiss Index No. 021169/2011E Our File No. 901-2279 Dear Mr. Rose: Thank you for your correspondence dated April 19, 2017 which was received by this office on May 5, 2017. We respectfully reject the authorizations you provided with your correspondence as they are not notarized. Please provide new original signed and notarized HIPAA-compliant authorizations. Moreover, we previously advised that the authorizations for Dr. Jose Ramos and Dr. Joy Huddleston (addressed to 5201 Raymond Street, Orlando, FL 32803) were unable to be processed. We were advised by the Department of Veterans Affairs that no medical treatment was provided to Ms. Phillips at the Orlando VA Medical Center, however, each VA medical facility maintains its own records. Surely you should be able to determine at which VA medical facility location(s) your client treated with Dr. Ramos and Dr. Huddleston and provide authorizations with those correct location addresses. Furthermore, along with our correspondence dated April 6, 2017 we provided you with an “Authorization to Release Protected Health Information” specific to Health First Medical Group. We advised that the authorizations you provided for Dr. Michael Shapiro and Health First Medical Group could not be processed because they require their own form. Please provide the signed form. INDEX NO. 21169/2011E (FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017 Page 2 Please also note that in addition to the above, the following discovery remains outstanding: 1 Pursuant to the February 16, 2017 Court Order, authorizations for: ° Social Security Disability hearing transcripts e Union records (we were previously advised that plaintiff was not a member of DC- 37) Health Essential (Group No. 97513; ID No. H301925848) Sick-leave provided to obtain copies of all sick-leave documentation and sick-leave payments made to plaintiff Response to Demand for Authorizations (for primary care physician, Dr. Tavarez) dated April 11, 2017 Response to Demand for Authorizations (for Law Office of David C. Brown for the non- privileged legal file regarding plaintiff's Social Security Disability case) dated May 8, 2017. Kindly provide the above discovery as soon as possible. Thank you for your attention and cooperation in this matter. Very Truly Yours, My hn LINDA MONTES CC: Havkins Rosenfeld Ritzert & Varriale, LLP 114 Old Country Road, Suite 300 Mineola, New York 11051 Attn: Jessica Serva, Esq. File No. 11190-000305 INDEX NO. 21169/2011E NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017 O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys at Law Rocco Conte* Dennis T. Doyle Dennis L. O'Connor (1913-1989) Richard C. Oleson One Barker Avenue, Suite 675 William S. Oleson (1947-2002) Dennis L. O'Connor, Jr. White Plains, New York 10601 Bugene J. McGuinness (1928-2013) William R. Watson Kevin M. Lofius Philomena Basukit Montgomery Lee Effinger* Telephone (914) 948-4500 Facsimile (914) 948-0645 272 Mill Street Robert, A. Wolf Poughkeepsie, NY 12601 www.omcdoc.com ine A. LynchA Elizabeth Holmesxt Robert E. CosentinoO Monica G, Sniti 75 Rockefeller Plaza Kenneth K. Haldenstein Linda Montes 16" Floor Heather M. Haralambides New York, NY 10019 Lauren C. Santucci (212) 685-8095 Therese A. Evans Denis E. McGuinness Charles G. Smith * Member of NY and CT Bars i Member of NY and NJ Bars AMember of NY, CT and DC Bars CMember of NY, CT and FL Bars May 18, 2017 Hach & Rose 185 Madison Avenue New York, New York 10016 Attn: John Blyth Re: Phillips v. Swiss Our File No.: 901-2279 Dear Mr. Blyth: As you requested, I am returning the authorizations you provided with your correspondence dated April 19, 2017. Pursuant to the Court’s direction at today’s status conference, please contact the Florida Board of Medicine to obtain the addresses of these providers, and provide original, notarized, HIPAA compliant authorizations for same within 30 days. Thank you. Very Truly Yours, 20 Ark LINDA MONTES Enc INDEX NO. 21169/2011E NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 10/17/2017 O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys at Law Rocco Conte* Dennis L. O'Connor (1913-1989) Dennis T, Doyle Richard C. Oleson One Barker Avenue, Suite 675 William S. Oleson (1947-2002) Dennis L. O'Connor, Jr. White Plains, New York 10601 Eugene J. McGuinness (1928-2013) William R. Watson Kevin M. Loftus Philomena Basukxt Montgomery Lee Effinger* Telephone (914) 948-4500 Facsimile (914) 948-0645 272 Mill Street Poughkeepsie, NY 12601 Robert A. Wolf www.omcdoc.com Katherine A. Lynch Elizabeth Holmes: Robert E. Cosentino Monica G, Sniti 75 Rockefeller Plaza Kenneth K. Haldenstein 16" Floor Linda Montes Heather M. Haralambides New York, NY 10019 Lauren C, Santucci (212) 685-8095 Therese A. Evans Denis E. McGuinness Charles G, Smith * Member of NY and CT Bars 3X Member of NY and NJ Bars AMember of NY, CT and DC Bars (Member of NY, CT and FL Bars October 13, 2017 Hach & Rose, LLP 185 Madison Avenue New York, New York 10016 Attn: John Blyth Re: Phillips v. Swiss Index No, 021169/2011E Our File No. 901-2279 Dear Mr. Blyth: We are in receipt of your correspondence dated October 11, 2017, however, we must respectfully reject this discovery response, as all the authorizations you provided are addressed to co-defense counsel, Havkins, Rosenfeld, Ritzert & Varriale, LLP. You remain in violation of the February 6, 2017 and May 18, 2017 Court Orders. Very Truly Yours, LINDA MONTES ce; Havkins Rosenfeld Ritzert & Varriale, LLP 114 Old Country Road, Suite 300 Mineola, New York 11051 File No. 11190-000305