Preview
Filing # 174201879 E-Filed 05/30/2023 02:43:15 PM
IN THE CIRCUIT COURT OF THE FIRST
JUDICIAL CIRCUIT, IN AND FOR ESCAMBIA.
COUNTY, FLORIDA
CASE NO.: 2021-CA-000032
VINCENT DICKENS and DEVONZELLE
DICKEN, his wife,
Plaintiffs,
vs.
BAPTIST HOSPITAL, INC. d/b/a BAPTIST
HOSPITAL, MARTIN G. MONDRY, M_D.,
MARTIN G. MONDRY, M.D., P.A., SHEA
McGRAW, CRNA, McGRAW
ENTERPRISES LLC, AMS BAPTIST LLC
f/k/‘a ANESTHESIA HEALTHCARE
SOLUTIONS OF NORTH FLORIDA LLC,
ROMEL RAMOS, R.N., CAROLE HARDY,
R.N., and MARY CATHERINE HART,
RN.,
Defendants.
/
AMENDED MOTION FOR APPOINTMENT OF COMMISSIONER TO TAKE
DEPOSITION IN THE STATE OF TEXAS AND
MOTION FOR ENTRY OF ORDER AUTHORIZING ISSUANCE
TEXAS SUBPOENA FOR D) ITI PER FL DA COMMISSION
(amended as to date and time)
COME NOW the Plaintiffs, VINCENT DICKENS and DEVONZELLE DICKEN, his wife,
by and through their undersigned attorneys, and move this Honorable Court for the entry ofan Order
of Commission appointing Perlich Reporting Services, 1333 West McDermott Drive, Suite 200,
Allen, TX 75013. as Commissioner for the taking of the deposition of David Griffin, M.D., a
witness in the above-styled cause who resides in Collin County in the State of Texas, and authorizing
the Court of appropriate jurisdiction in Collin County, Texas to issue a subpoena compelling the
attendance of the witness, and as grounds therefor would show:
1 That the deposition of David Griffin, M.D., a material witness in the above-styled
cause, has been duly noticed in accordance with Rule 1.310, Florida Rules of Civil Procedure. A
copy of the Notice of Taking Deposition for August 7, 2023 and associated Florida subpoena, is
attached as Exhibit “A”.
2. That pursuant to Rule 1.300(b), Florida Rules of Civil Procedure and Florida Statute
§92.251 (the Uniform Foreign Depositions Law), and consistent with Rule 201.2, Texas Rules of
Civil Procedure, and Rule 20.002, Texas Civil Practices & Remedies Code, Plaintiffs petition the
Court for the entry of an Order of Commission appointing Perlich Reporting Services, 1333 West
McDermott Drive, Suite 200, Allen, TX 75013, as Commissioner for the purpose of taking the
deposition of the witness in Allen, Collin County, Texas.
3 That the aforementioned provisions of the Texas Rules of Civil Procedure and the
Texas Civil Practices & Remedies Code allow for a subpoena to be issued by the Court in Collin
County, Texas giving full faith and credit to the Florida Notice of Taking Deposition and Subpoena
for this purpose.
4. That the undersigned counsel for Plaintiffs filed an original motion seeking
appointment of commissioner and issuance of Florida commission on April 28, 2023, for the taking
of the witness’s deposition to be held on May 26, 2023, and the Court issued its Order relating to this
prior motion on May 9, 2023, but delays in the filing of the local action in Collin County, Texas and
in having the local subpoena issued in Texas prevented the deposition from being taken as planned.
This amended motion is filed to effectively start the process over for the rescheduled deposition
tentatively set for August 7, 2023.
WHEREFORE, the Plaintiffs, VINCENT DICKENS and DEVONZELLE DICKEN, his
wife, respectfully request this Honorable Court enter its Order of Commission appointing Perlich
Reporting Services as Commissioner for the taking of the deposition of David Griffin, M.D. to be
held in Allen, Collin County, Texas, and additionally authorizing the appropriate Texas Court to
issue a subpoena compelling the attendance of the witness for the deposition.
I HEREBY CERTIFY that on May 27)_, 2023, I furnished a true and correct copy of the
foregoing by electronic mail to Matthew P. Massey, Esquire, Thomas F. Gonzalez, Esquire, and Jena
M. Wise, Esquire, 501 Commendencia Street, Pensacola, FL 32502 (mpm@beggslane.com;
tfg@beggslane.com; jw@beggslane.com); Kevin G. Mercer, Esquire, 50 N. Laura Street, Suite 2700,
Jacksonville, FL 32202 (jaxcrtpleadings@wickersmith.com); E. Victoria Penny, Esquire and Jacob
M. Salow, Esquire, Post Office Box 14079, Tallahassee, FL 32317-4079
(mmeservice@henryblaw.com); and Andrew Hudson, Esquire, 501 East Kennedy Boulevard, Suite
1250, Tampa, FL 33602 (ahudson@ljglegal.com; kimrisek@ljglegal.com).
/s/ Michael K, Bailey
Michael K. Bailey, Esquire
Florida Bar No.: 0326232
BAILEY FISHER, PLLC
1400 West Fairbanks Avenue, Suite 101
Winter Park, FL 32789
(407) 628-2929 (telephone)
(407) 628-3909 (facsimile)
Email: mkbservice@baileyfisherlaw.com
Attorneys for Plaintiffs
IN THE CIRCUIT COURT OF THE FIRST
JUDICIAL CIRCUIT, IN AND FOR ESCAMBIA
COUNTY, FLORIDA
CASE NO.: 2021-CA-000032
VINCENT DICKENS and DEVONZELLE
DICKEN, his wife,
Plaintiffs,
VS.
BAPTIST HOSPITAL, INC. d/b/a BAPTIST
HOSPITAL, MARTIN G. MONDRY, M._D.,
MARTIN G. MONDRY, M.D., P.A., SHEA
McGRAW, CRNA, McGRAW
ENTERPRISES LLC, AMS BAPTIST LLC
fik/a ANESTHESIA HEALTHCARE
SOLUTIONS OF NORTH FLORIDA LLC,
ROMEL RAMOS, R.N., CAROLE HARDY,
RN., and MARY CATHERINE HART,
RN.,
Defendants.
CO [ENDED OT! ‘AKIN PO 2 [TIONDI TE ,CUM
(amen ded as to date and t
PLEASE TAKE NOTICE that the Plaintiffs, VINCENT DICKENS and DEVONZELLE
DICKEN, his wife, by and through their undersigned attorneys, will take the deposition of David
Griffin, MD (to be subpoenaed), upon oral examination on August 7, 2023, at 10:00 a.m. (CDT),
before Perlich Reporting Services, or before any other Notary Public or officer authorized by law to
take depositions, at Perlich Reporting Services, 1333 West McDermott Drive, Suite 200, Allen, TX
75013. A teleconference link will be provided to any counsel not attending in person.
This oral examination will continue from day to day until completed. This deposition is
being taken for the purpose of discovery, for use at trial, or for such other purpose as authorized by
EXHIBIT “A”
_—— ee
law. Said deponent is instructed to have with him at the aforementioned time and place the
following items:
Any and all medical records and billing information pertaining to Vincent Dickens,
including but not limited to, intake sheets, information sheets, nurses notes, doctor’s
notes and reports, diagnostic studies and results, test data, narratives, correspondence,
x-rays, x-ray findings, consultation reports, physical therapy records and notes,
medication charts, prescription records, billing statements and invoices, and any and
all other materials in your possession or contro! pertaining to any and all care and
treatment of the above patient.
THEREBY CERTIFY that on May 30) , 2023, I furnished a true and correct copy of the
foregoing by electronic mail to Matthew P. Massey, Esquire, Thomas F. Gonzalez, Esquire, and Jena
M. Wise, Esquire, 501 Commendencia Street, Pensacola, FL 32502 (mpm@beggslane.com;
tfg@beggslane.com; jw@beggslane.com); Kevin G, Mercer, Esquire, 50 N. Laura Street, Suite 2700,
Jacksonville, FL 32202 (jaxcrtpleadings@wickersmith.com); E. Victoria Penny, Esquire and Jacob
M. Salow, Esquire, Post Office Box 14079, Tallahassee, FL 32317-4079
(mmeservice@henryblaw.com); and Andrew Hudson, Esquire, 501 East Kennedy Boulevard, Suite
1250, Tampa, FL 33602 (ahudson@ljglegal.com; kimrisek@ljglegal.com).
J a
Michael K. Bailey, Esq juire
Florida Bar No.: 032623:
BAILEY FISHER, PLLC
1400 West Fairbanks Avenue, Suite 101
Winter Park, Florida 32789
(407) 628-2929 (telephone)
(407) 628-3909 (facsimile)
Email: mkbservice@baileyfisherlaw.com
Attorneys for Plaintiffs
IN THE CIRCUIT COURT OF THE FIRST
JUDICIAL CIRCUIT, IN AND FOR ESCAMBIA
COUNTY, FLORIDA
CASE NO.: 2021-CA-000032
VINCENT DICKENS and DEVONZELLE
DICKEN, his wife,
Plaintiffs,
vs.
BAPTIST HOSPITAL, INC. d/b/a BAPTIST
HOSPITAL, MARTIN G. MONDRY, M_D.,
MARTIN G. MONDRY, M.D., P.A., SHEA
McGRAW, CRNA, McGRAW ENTERPRISES
LLC, AMS BAPTIST LLC f/k/a ANESTHESIA
HEALTHCARE SOLUTIONS OF NORTH
FLORIDA LLC, ROMEL RAMOS, R.N., CAROLE
HARDY, R.N., and MARY CATHERINE HART,
RN.,
Defendants.
/
SUBPOENA FOR DEPOSITION DUCES TECUM
THE STATE OF FLORIDA:
TO: David Griffin, M.D.
1704 Burningtree Lane
Plano, TX 75093
YOU ARE COMMANDED to appear before a person authorized by law to take depositions at Perlich
Reporting Services, 1333 West McDermott Drive, Suite 200, Allen, TX 75013, on August 7, 2023 at 10:00 a.m.
(CDT), for the taking of your deposition in this action and to have with you at that time and place the items on attached
Exhibit "A".
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. If you fail to appear, you may be in contempt of
Court.
DATED this 20%, of May, 2023.
MICHAEL K. BAILEY, ESQU!
For the Court
BAILEY FISHER, PLLC
1400 West Fairbanks Ave “Suite 101
Winter Park, FL 32789
(407) 628-2929 (telephone)
(407) 628-3909 (facsimile)
Florida Bar No.: 0326232
Attorneys for Plaintif
AMERICANS WITH DISABILITIES ACT: Ifyou area person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Court Administration,
ADA Liaison, Escambia County, 190 Governmental Center, 5th Floor, Pensacola, FL 32502, Phone (850) 595-4400 Fax (850) 595-
0360, ADA Escambia@flcourts!.gov, at least 7 days before your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
EXHIBIT A
Any and all medical records and billing information pertaining to Vincent Dickens, including but not limited to,
intake sheets, information sheets, nurses notes, doctor’s notes and reports, diagnostic studies and results, test data,
narratives, correspondence, x-rays, x-ray findings, consultation reports, physical therapy records and notes,
medication charts, prescription records, billing statements and invoices, and any and all other materials in your
possession or control pertaining to any and all care and treatment of the above patient.
AMERICANS WITH DISABILITIES ACT: Ifyou are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Court Administration,
ADA Liaison, Escambia County, 190 Governmental Center, 5th Floor, Pensacola, FL 32502, Phone (850) 595-4400 Fax (850) 595-
0360, ADA.Escambia@flcourts1.gov, at Icast 7 days before your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Preview
Filing # 174201879 E-Filed 05/30/2023 02:43:15 PM IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR ESCAMBIA. COUNTY, FLORIDA CASE NO.: 2021-CA-000032 VINCENT DICKENS and DEVONZELLE DICKEN, his wife, Plaintiffs, vs. BAPTIST HOSPITAL, INC. d/b/a BAPTIST HOSPITAL, MARTIN G. MONDRY, M_D., MARTIN G. MONDRY, M.D., P.A., SHEA McGRAW, CRNA, McGRAW ENTERPRISES LLC, AMS BAPTIST LLC f/k/‘a ANESTHESIA HEALTHCARE SOLUTIONS OF NORTH FLORIDA LLC, ROMEL RAMOS, R.N., CAROLE HARDY, R.N., and MARY CATHERINE HART, RN., Defendants. / AMENDED MOTION FOR APPOINTMENT OF COMMISSIONER TO TAKE DEPOSITION IN THE STATE OF TEXAS AND MOTION FOR ENTRY OF ORDER AUTHORIZING ISSUANCE TEXAS SUBPOENA FOR D) ITI PER FL DA COMMISSION (amended as to date and time) COME NOW the Plaintiffs, VINCENT DICKENS and DEVONZELLE DICKEN, his wife, by and through their undersigned attorneys, and move this Honorable Court for the entry ofan Order of Commission appointing Perlich Reporting Services, 1333 West McDermott Drive, Suite 200, Allen, TX 75013. as Commissioner for the taking of the deposition of David Griffin, M.D., a witness in the above-styled cause who resides in Collin County in the State of Texas, and authorizing the Court of appropriate jurisdiction in Collin County, Texas to issue a subpoena compelling the attendance of the witness, and as grounds therefor would show: 1 That the deposition of David Griffin, M.D., a material witness in the above-styled cause, has been duly noticed in accordance with Rule 1.310, Florida Rules of Civil Procedure. A copy of the Notice of Taking Deposition for August 7, 2023 and associated Florida subpoena, is attached as Exhibit “A”. 2. That pursuant to Rule 1.300(b), Florida Rules of Civil Procedure and Florida Statute §92.251 (the Uniform Foreign Depositions Law), and consistent with Rule 201.2, Texas Rules of Civil Procedure, and Rule 20.002, Texas Civil Practices & Remedies Code, Plaintiffs petition the Court for the entry of an Order of Commission appointing Perlich Reporting Services, 1333 West McDermott Drive, Suite 200, Allen, TX 75013, as Commissioner for the purpose of taking the deposition of the witness in Allen, Collin County, Texas. 3 That the aforementioned provisions of the Texas Rules of Civil Procedure and the Texas Civil Practices & Remedies Code allow for a subpoena to be issued by the Court in Collin County, Texas giving full faith and credit to the Florida Notice of Taking Deposition and Subpoena for this purpose. 4. That the undersigned counsel for Plaintiffs filed an original motion seeking appointment of commissioner and issuance of Florida commission on April 28, 2023, for the taking of the witness’s deposition to be held on May 26, 2023, and the Court issued its Order relating to this prior motion on May 9, 2023, but delays in the filing of the local action in Collin County, Texas and in having the local subpoena issued in Texas prevented the deposition from being taken as planned. This amended motion is filed to effectively start the process over for the rescheduled deposition tentatively set for August 7, 2023. WHEREFORE, the Plaintiffs, VINCENT DICKENS and DEVONZELLE DICKEN, his wife, respectfully request this Honorable Court enter its Order of Commission appointing Perlich Reporting Services as Commissioner for the taking of the deposition of David Griffin, M.D. to be held in Allen, Collin County, Texas, and additionally authorizing the appropriate Texas Court to issue a subpoena compelling the attendance of the witness for the deposition. I HEREBY CERTIFY that on May 27)_, 2023, I furnished a true and correct copy of the foregoing by electronic mail to Matthew P. Massey, Esquire, Thomas F. Gonzalez, Esquire, and Jena M. Wise, Esquire, 501 Commendencia Street, Pensacola, FL 32502 (mpm@beggslane.com; tfg@beggslane.com; jw@beggslane.com); Kevin G. Mercer, Esquire, 50 N. Laura Street, Suite 2700, Jacksonville, FL 32202 (jaxcrtpleadings@wickersmith.com); E. Victoria Penny, Esquire and Jacob M. Salow, Esquire, Post Office Box 14079, Tallahassee, FL 32317-4079 (mmeservice@henryblaw.com); and Andrew Hudson, Esquire, 501 East Kennedy Boulevard, Suite 1250, Tampa, FL 33602 (ahudson@ljglegal.com; kimrisek@ljglegal.com). /s/ Michael K, Bailey Michael K. Bailey, Esquire Florida Bar No.: 0326232 BAILEY FISHER, PLLC 1400 West Fairbanks Avenue, Suite 101 Winter Park, FL 32789 (407) 628-2929 (telephone) (407) 628-3909 (facsimile) Email: mkbservice@baileyfisherlaw.com Attorneys for Plaintiffs IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR ESCAMBIA COUNTY, FLORIDA CASE NO.: 2021-CA-000032 VINCENT DICKENS and DEVONZELLE DICKEN, his wife, Plaintiffs, VS. BAPTIST HOSPITAL, INC. d/b/a BAPTIST HOSPITAL, MARTIN G. MONDRY, M._D., MARTIN G. MONDRY, M.D., P.A., SHEA McGRAW, CRNA, McGRAW ENTERPRISES LLC, AMS BAPTIST LLC fik/a ANESTHESIA HEALTHCARE SOLUTIONS OF NORTH FLORIDA LLC, ROMEL RAMOS, R.N., CAROLE HARDY, RN., and MARY CATHERINE HART, RN., Defendants. CO [ENDED OT! ‘AKIN PO 2 [TIONDI TE ,CUM (amen ded as to date and t PLEASE TAKE NOTICE that the Plaintiffs, VINCENT DICKENS and DEVONZELLE DICKEN, his wife, by and through their undersigned attorneys, will take the deposition of David Griffin, MD (to be subpoenaed), upon oral examination on August 7, 2023, at 10:00 a.m. (CDT), before Perlich Reporting Services, or before any other Notary Public or officer authorized by law to take depositions, at Perlich Reporting Services, 1333 West McDermott Drive, Suite 200, Allen, TX 75013. A teleconference link will be provided to any counsel not attending in person. This oral examination will continue from day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purpose as authorized by EXHIBIT “A” _—— ee law. Said deponent is instructed to have with him at the aforementioned time and place the following items: Any and all medical records and billing information pertaining to Vincent Dickens, including but not limited to, intake sheets, information sheets, nurses notes, doctor’s notes and reports, diagnostic studies and results, test data, narratives, correspondence, x-rays, x-ray findings, consultation reports, physical therapy records and notes, medication charts, prescription records, billing statements and invoices, and any and all other materials in your possession or contro! pertaining to any and all care and treatment of the above patient. THEREBY CERTIFY that on May 30) , 2023, I furnished a true and correct copy of the foregoing by electronic mail to Matthew P. Massey, Esquire, Thomas F. Gonzalez, Esquire, and Jena M. Wise, Esquire, 501 Commendencia Street, Pensacola, FL 32502 (mpm@beggslane.com; tfg@beggslane.com; jw@beggslane.com); Kevin G, Mercer, Esquire, 50 N. Laura Street, Suite 2700, Jacksonville, FL 32202 (jaxcrtpleadings@wickersmith.com); E. Victoria Penny, Esquire and Jacob M. Salow, Esquire, Post Office Box 14079, Tallahassee, FL 32317-4079 (mmeservice@henryblaw.com); and Andrew Hudson, Esquire, 501 East Kennedy Boulevard, Suite 1250, Tampa, FL 33602 (ahudson@ljglegal.com; kimrisek@ljglegal.com). J a Michael K. Bailey, Esq juire Florida Bar No.: 032623: BAILEY FISHER, PLLC 1400 West Fairbanks Avenue, Suite 101 Winter Park, Florida 32789 (407) 628-2929 (telephone) (407) 628-3909 (facsimile) Email: mkbservice@baileyfisherlaw.com Attorneys for Plaintiffs IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR ESCAMBIA COUNTY, FLORIDA CASE NO.: 2021-CA-000032 VINCENT DICKENS and DEVONZELLE DICKEN, his wife, Plaintiffs, vs. BAPTIST HOSPITAL, INC. d/b/a BAPTIST HOSPITAL, MARTIN G. MONDRY, M_D., MARTIN G. MONDRY, M.D., P.A., SHEA McGRAW, CRNA, McGRAW ENTERPRISES LLC, AMS BAPTIST LLC f/k/a ANESTHESIA HEALTHCARE SOLUTIONS OF NORTH FLORIDA LLC, ROMEL RAMOS, R.N., CAROLE HARDY, R.N., and MARY CATHERINE HART, RN., Defendants. / SUBPOENA FOR DEPOSITION DUCES TECUM THE STATE OF FLORIDA: TO: David Griffin, M.D. 1704 Burningtree Lane Plano, TX 75093 YOU ARE COMMANDED to appear before a person authorized by law to take depositions at Perlich Reporting Services, 1333 West McDermott Drive, Suite 200, Allen, TX 75013, on August 7, 2023 at 10:00 a.m. (CDT), for the taking of your deposition in this action and to have with you at that time and place the items on attached Exhibit "A". 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. If you fail to appear, you may be in contempt of Court. DATED this 20%, of May, 2023. MICHAEL K. BAILEY, ESQU! For the Court BAILEY FISHER, PLLC 1400 West Fairbanks Ave “Suite 101 Winter Park, FL 32789 (407) 628-2929 (telephone) (407) 628-3909 (facsimile) Florida Bar No.: 0326232 Attorneys for Plaintif AMERICANS WITH DISABILITIES ACT: Ifyou area person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Court Administration, ADA Liaison, Escambia County, 190 Governmental Center, 5th Floor, Pensacola, FL 32502, Phone (850) 595-4400 Fax (850) 595- 0360, ADA Escambia@flcourts!.gov, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. EXHIBIT A Any and all medical records and billing information pertaining to Vincent Dickens, including but not limited to, intake sheets, information sheets, nurses notes, doctor’s notes and reports, diagnostic studies and results, test data, narratives, correspondence, x-rays, x-ray findings, consultation reports, physical therapy records and notes, medication charts, prescription records, billing statements and invoices, and any and all other materials in your possession or control pertaining to any and all care and treatment of the above patient. AMERICANS WITH DISABILITIES ACT: Ifyou are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Court Administration, ADA Liaison, Escambia County, 190 Governmental Center, 5th Floor, Pensacola, FL 32502, Phone (850) 595-4400 Fax (850) 595- 0360, ADA.Escambia@flcourts1.gov, at Icast 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.