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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA CIVIL ACTION
ELLIS HANSON and VELTA HANSON,
“7
— bee utee
Plaintiffs,
Vv.
1
i
ALMA TETI,
mt
Defendant.
oo
PLAINTIFF’S MOTION FOR EXPEDITED TRIAL AND MEMORANDUM
IN OPPOSITION TO DEFENDANT’S MOTION TO CONTINUE
Defendants’, Ellis and Velta Hanson (“Hanson”), hereby file this Memorandum in
Opposition to Defendant’s, Alma Teti (“Teti”), Motion for Continuance, and move for an expedited
trial pursuant to section 415.1115, Florida Statutes, and state:
1. On August 31, 2010, the Court issued an Order for Day Certain Non-Jury Trial, setting the
instant action for a three day non-jury trial beginning on October 27, 2010 at 9:30 a.m.
2. On September 8, 2010, Teti filed a Motion for Continuance arguing among other things, that
the trial set for October 27, 2010 should be continued because:
a. the Hansons had objected to a Notice of Production from Non-Party directed towards
Bank of America. In response, Teti filed a Motion Seeking a Ruling on the Hansons’
objection to Teti’s Notice of Production from Non-Party directed towards Bank of
America; and
b. the Hansons filed a Motion for Protective Order to prevent the deposition of Ellis
Hanson. Teti has requested a hearing on the Hansons’ Motion for Protective Order.
3. Teti’s Motion Seeking a Ruling on the Hansons’ objection to Teti’s Notice of Production
from Non-Party directed towards Bank of America is moot as the Hansons have produced all
documents sent by Bank of America in response to Teti’s Notice of Production from Non-
Party directed towards Bank of America. The Hansons did not retain any documents or assert
any applicable privilege over any of the documents produced by Bank of America. Teti has
all of the documents produced by Bank of America.
yy?4, Ellis Hanson suffers from Alzheimer’s disease, and that is the basis for the Hansons’ Motion
for Protective Order seeking to prevent the deposition of Ellis Hanson. The Hansons’ Motion
is supported by opinions from medical professionals indicating Mr. Hanson’s inability to
testify. A true and correct copy of the Motion for Protective Order is attached to this
Memorandum as Exhibit “1.”
5. One of the claims against Teti is for the exploitation of a vulnerable adult pursuant to section
415.1111, Florida Statutes. To allow for the deposition of a person experiencing severe
memory loss and impaired judgment due to Alzheimer’s Disease would, in essence, be
contributing to Mr. Hanson’s exploitation.
6. Teti has every right to request an independent medical evaluation of Mr. Hanson, but has
inexplicably failed to do so.
7. The instant action was filed on July 23, 2009.
8. The instant action was noticed for trial on May 7, 2010.
9. Section 415.1115, Florida Statutes, provides that “[i]n a civil action in which a person over
the age of 65 is a party, such party may move the court to advance the trial on the docket. The
presiding judge, after consideration of the age and health of the party, may advance the trial
on the docket.
ARGUMENT
Allowing for the continuance of the trial presently scheduled for October 27, 2010 would be
extremely prejudicial to the Hansons and not in conformance with section 415.1115, Florida
Statutes, which provides for speedy trials in civil actions where elderly parties are involved. In the
instant action not only is Mr. Hanson elderly, but he also suffers from Alzheimer’s Disease, making a
speedy trial even more relevant.
None of the arguments espoused by Teti for a continuance are convincing, and in fact, some
are moot. For example, all of the documents requested by Teti from Bank of America have been
provided to Teti and not a single document has been withheld. Accordingly, one of the reasons
argued by Teti for a continuance, the Hansons’ failure to provide the Bank of America documents to
Teti is moot. Likewise, Teti’s opposition to the Hansons’ Motion for Protective Order regarding the
deposition of Ellis Hanson is without merit as the Hansons have provided independent medical°® @
opinions attesting to the fact that Mr. Hanson is unable to testify due to his severe memory loss and
lack of judgment from Alzheimers. Teti may conduct an independent medical evaluation at any time.
In fact, the case has been pending since July of 2009. Teti has had well over a year to find a medical
expert to examine Mr. Hanson but has inexplicably failed to do so. The fact that Teti wants to depose
an elderly man with Alzheimers whose Doctors have declared that he is not able to testify in a court
of law is not a valid ground for a continuance. ,
Even less persuasive are Teti’s arguments that a continuance should be granted because Teti
wants to engage in further discovery. The case has been pending since July of 2009. The case was
noticed for trial in May of 2010. There has been ample opportunity to take depositions and to engage
in discovery. The fact that Teti waited until the last minute to do so is not a valid or legitimate basis
to continue the trial. The Hansons have prepared for trial and are ready to proceed on October 27,
2010 as scheduled. The Hansons have provided Teti with their exhibit and witness lists, and the
Hansons’ trial exhibits are ready and available for review by Teti. The Hansons have also
subpoenaed all of their witnesses for the October 27, 2010 trial. There is no legitimate or valid
reason to delay the trial and the Hansons strongly object to any continuance.
Mr. Hanson is an elderly man that presently suffers from Alzheimer’s Disease. Mr. Hanson is
exactly the type of person that section 415.1115, Florida Statutes, seeks to protect by allowing for a
speedy trial. Mr. Hanson’s age and mental condition make a speedy trial necessary. Any continuance
would be a violation of Mr. Hanson’s right to a speedy trial.
For all of the reasons outlined above, Teti’s Motion for Continuance should be denied and the
October 27, 2010 trial should proceed as scheduled.
WHEREFORE, Ellis Hanson and Velta Hanson, request the Court to: (i) deny Alma Teti’s
Motion for Continuance; (ii) order the October 27, 2010 trial to proceed as scheduled; (iii) hold that
section 415.1115, Florida Statutes, provides the Hansons with the right to a speedy trial and any
continuance would be a violation of that right; (iii) grant the Hansons their attorneys’ fees and costs
incurred in prosecuting this matter; and (iv) grant the Hansons any further relief the Court deems just
and appropriate.
(Certificate of service on the following page)CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
facsimile and U.S. mail to D. Keith Wickenden, Esq., Grant, Fridkin, Pearson, Athan & Crown,
P.A., 5551 Ridgewood Drive, Suite 501, Naples, Florida 34108, on this BoM day of September
2010.
COLEMAN, YOVANOVICH & KOESTER, P.A.
SSS sseeFeefFfFS =
By:
ex R. Figares
Florida Bar No. 14305
Edmond E. Koester
Florida Bar No. 87882
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
239.435.3535
239.435.1218 Facsimile
Attorneys for Ellis and Velta Hanson° * Copy
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
ELLIS HANSON and VELTA HANSON,
Plaintiffs,
v. Case No. 09-6515-CA
ALMA TETI,
Defendant.
PLAINTIFFS’ MOTION FOR PROTECTIVE
IRDER FOR IN OF ELLIS IN
Plaintiffs, Ellis Hanson and Velta Hanson, by and through the undersigned counsel,
pursuant to Rule 1.280(c), Florida Rules of Civil Procedure, Section 90.603, Florida Statutes,
and Section 90.604, Florida Statutes, move this Court to grant a protective order to prevent the
deposition of Ellis Hanson (“Mr. Hanson”), and show:
I. BACKGROUND
1. On August 20, 2009, opposing counsel requested dates to take the deposition of
Mr. Hanson. A true and correct copy of the email is attached hereto as Exhibit “A.”
2. Mr. Hanson suffers from Alzheimer’s Disease. His symptoms from the
Alzheimer’s Disease include, but are not limited to, severe memory loss and cognitive deficits,
which have become progressively worse over time.
3. His treating psychologist, Bill E. Beckwith, Ph.D., Licensed Psychologist (“Dr.
Beckwith”), has stated that Mr. Hanson is not competent to testify or be deposed in legal matters
as a result of his Alzheimer’s Disease. A true and correct copy of correspondence from Dr.
Beckwith is attached hereto as Exhibit “B.”
ve4. His treating neurologist, Brian D. Wolff, M.D. (“Dr. Wolff"), has stated that Mr.
Hanson is not capable of testifying at trial or in deposition and that any testimony from him
would be unreliable as a result of his Alzheimer’s Disease. A true and correct copy of
correspondence from Dr. Wolff is attached hereto as Exhibit “C.”
Il. STAND. AP CTIV. IE
5. Rule 1.280(c), Florida Rules of Civil Procedure, states in relevant part that
“[u]pon motion by a party or by the person from whom discovery is sought, and for good cause
shown, the court in which the action is pending may make any order to protect a party or person
from annoyance, embarrassment, oppression, or undue burden or expense that justice requires...”
Rule 1.280, Fla.R.Civ.P.
Il]. RELEVANT STANDARD TO PREVENT THE TESTIMONY OF A WITNESS :
6. Section 90.603, Florida Statutes, states “‘a person is disqualified to testify as a
witness when the court determines that the person is:
(1) Incapable of expressing himself or herself concerning the matter in such a
manner as to be understood, either directly or through interpretation by one
who can understand him or her.
(2) Incapable of understanding the duty of a witness to tell the truth.”
7. Section 90.604, Florida Statutes, states “Except as otherwise provided in s.
90.702, a witness may not testify to a matter unless evidence is introduced which is sufficient to
support a finding that the witness has personal knowledge of the matter. Evidence to prove
personal knowledge may be given by the witness's own testimony.” “The other generally
required qualifications of a witness, ¢.g., the capacity to perceive and recollect, are included
within the provisions of section 90.604. In order to have the requisite personal knowledge of the
>
Aimatter about which he or she is to testify, a witness must have the ability to perceive, remember
and communicate facts.” (emphasis added) State v. Green, 733 So. 2d 583, 584 (Fla. 1* DCA
1999).
Iv. ARGUMENT
8. Under Rule 1.280(c), Florida Rules of Civil Procedure, it would be embarrassing
and oppressive for Mr. Hanson to be forced to be deposed as a result of his Alzheimer’s Disease,
which has progressed to the point of severe memory loss. To force Mr. Hanson to testify ina
deposition would result in the waste of expense and time as he is no longer able to remember
facts in this matter. A protective order should be granted to preclude opposing counsel from
deposing Mr. Hanson.
9. Further, under the Florida Rules of Evidence, Mr. Hanson is also disqualified
from testifying. Under Section 90.603 and Section 90.604, Florida Statutes, which codifies
portions of the Florida Rules of Evidence, Mr. Hanson, as a result of his memory loss and
cognitive difficulties, is unable to express himself in this matter and cannot understand his duty
to tell the truth. He also does not have personal knowledge of the matter because he is unable to
perceive, remember, and communicate facts in this matter as a Tesult of the Alzheimer’s Disease.
10. For the above stated reasons, a protective order should be granted preventing the
deposition of Ellis Hanson in this case.
WHEREFORE, Plaintiffs, Ellis and Velta Hanson, request this Court to grant a protective
order to prevent the deposition of Ellis Hanson at all times in this case along with any further
relief this Court deems just and appropriate.
yeCERTIFICATE OF E
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via facsimile and U.S. mail to D. Keith Wickenden, Esq., Grant, Fridkin, Pearson, Athan &
Crown, P.A., 5551 Ridgewood Drive, Suite 501, Naples, Florida 34108, on this Lith, day of
September, 2009.
COLEMAN, YOVANOVICH & KOESTER, P.A.
oe. fet Ze tC
Todd M. Rich
Florida Bar No. 51451
Edmond E. Koester
Florida Bar No. 87882
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
239.435.3535
239.435.1218 Facsimile
Attorneys for Ellis and Velta HansonPage 1 of 1
Todd Rich
From: Colleen M. Mueller [CMueller@gfpac.com]
Sent: Thursday, August 20, 2009 10:23 AM
To: Todd Rich
Ce: D. Keith Wickenden
Subject: Hanson v. Teti
Mr. Rich,
Mr. Wickenden would like to take the depositions of Ellis Hanson and Rick Walker. Please let me know
your availability on the following dates:
o7
99
9/10
9/14
9/15
9/16
Thank you.
Colleen Mueller, Paralegal
Grant, Fridkin, Pearson, Athan & Crown, PA
5551 Ridgewood Dr., Suite 501
Naples, FL 34108
Phone (239) 514-1000 ext. 2020
Fax (239) 514-0377
ut COM
rer rrrr reer reer
The preceding e-mail message may have information that is confidential, may be protected by the
attorney/ciient or other applicable privileges, and may constitute non-public information. If the reader of
this message Is not the intended recipient, you are hereby notified that any issemination, forwarding, or
copying of this communication is prohibited. If you have received this communication in error, please
notify the sender immediately by e-mail or by calling (239) 514-1000 and delete the original message.
Thank you.
EXHIBIT “A”
9/10/2009dep UI Uy ULT/p Ur. Bu &. Qoun
September 1, 2009
ATTN: Todd Rich, Esq.
RE: Ellis Hanson (DOB: 07/29/1923)
tam writing on behalf of Mr. Ellis Hanson. Mr. Hanson has Middle Stage Alzheimer’s disease with very
severe short-term memory loss as well as other cognitive deficits. He is not competent to testify or be
deposed in legal matters. if you have questions or desire further comment, please do not hesitate to
contact me.
Sr, Sem
Bill E. Beckwith, Ph.D., Licensed Psychologist
EXHIBIT “B”
wewmemor entinfo
1415 Panther lane
Suite 239
Naples, Fl 34109
(239)851-1968
FAX: {239)S91-6227os-28-09:19:20; © 4351218 @ au
|
Brian D. WoLrr, M.D.
BOAO CantiriaD NEUROLOGIST © CERT/FIED INDEPENDENT | MEDICAL EXAMINER > Exegay MEDICAL AovIAnR, WORKERS’ Comp STATE OF FL
671 GOOOLETTE RD. H., SUITE 120 © NAPLES, FL 34102 » 239.643.4030 + FAX 239.643.6010
Please be advised that attcad Mr. Ellis Hanson for a diagnosis of Alzheimer’s Diseuse
3, 2008. His condition has caused him to sustain severe
impairs his judgment. His neurological deficits have
of my care of him.
In view of this, it is my} that he would not be capable of testifying at
trial or in deposition. Pee rmony Detained from him would not be reliable
Should there he any further questions regarding the above, please contact me.
Sincerely,
Neus
.
EXHIBIT “C”
Preview
® @ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION ELLIS HANSON and VELTA HANSON, “7 — bee utee Plaintiffs, Vv. 1 i ALMA TETI, mt Defendant. oo PLAINTIFF’S MOTION FOR EXPEDITED TRIAL AND MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION TO CONTINUE Defendants’, Ellis and Velta Hanson (“Hanson”), hereby file this Memorandum in Opposition to Defendant’s, Alma Teti (“Teti”), Motion for Continuance, and move for an expedited trial pursuant to section 415.1115, Florida Statutes, and state: 1. On August 31, 2010, the Court issued an Order for Day Certain Non-Jury Trial, setting the instant action for a three day non-jury trial beginning on October 27, 2010 at 9:30 a.m. 2. On September 8, 2010, Teti filed a Motion for Continuance arguing among other things, that the trial set for October 27, 2010 should be continued because: a. the Hansons had objected to a Notice of Production from Non-Party directed towards Bank of America. In response, Teti filed a Motion Seeking a Ruling on the Hansons’ objection to Teti’s Notice of Production from Non-Party directed towards Bank of America; and b. the Hansons filed a Motion for Protective Order to prevent the deposition of Ellis Hanson. Teti has requested a hearing on the Hansons’ Motion for Protective Order. 3. Teti’s Motion Seeking a Ruling on the Hansons’ objection to Teti’s Notice of Production from Non-Party directed towards Bank of America is moot as the Hansons have produced all documents sent by Bank of America in response to Teti’s Notice of Production from Non- Party directed towards Bank of America. The Hansons did not retain any documents or assert any applicable privilege over any of the documents produced by Bank of America. Teti has all of the documents produced by Bank of America. yy?4, Ellis Hanson suffers from Alzheimer’s disease, and that is the basis for the Hansons’ Motion for Protective Order seeking to prevent the deposition of Ellis Hanson. The Hansons’ Motion is supported by opinions from medical professionals indicating Mr. Hanson’s inability to testify. A true and correct copy of the Motion for Protective Order is attached to this Memorandum as Exhibit “1.” 5. One of the claims against Teti is for the exploitation of a vulnerable adult pursuant to section 415.1111, Florida Statutes. To allow for the deposition of a person experiencing severe memory loss and impaired judgment due to Alzheimer’s Disease would, in essence, be contributing to Mr. Hanson’s exploitation. 6. Teti has every right to request an independent medical evaluation of Mr. Hanson, but has inexplicably failed to do so. 7. The instant action was filed on July 23, 2009. 8. The instant action was noticed for trial on May 7, 2010. 9. Section 415.1115, Florida Statutes, provides that “[i]n a civil action in which a person over the age of 65 is a party, such party may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. ARGUMENT Allowing for the continuance of the trial presently scheduled for October 27, 2010 would be extremely prejudicial to the Hansons and not in conformance with section 415.1115, Florida Statutes, which provides for speedy trials in civil actions where elderly parties are involved. In the instant action not only is Mr. Hanson elderly, but he also suffers from Alzheimer’s Disease, making a speedy trial even more relevant. None of the arguments espoused by Teti for a continuance are convincing, and in fact, some are moot. For example, all of the documents requested by Teti from Bank of America have been provided to Teti and not a single document has been withheld. Accordingly, one of the reasons argued by Teti for a continuance, the Hansons’ failure to provide the Bank of America documents to Teti is moot. Likewise, Teti’s opposition to the Hansons’ Motion for Protective Order regarding the deposition of Ellis Hanson is without merit as the Hansons have provided independent medical°® @ opinions attesting to the fact that Mr. Hanson is unable to testify due to his severe memory loss and lack of judgment from Alzheimers. Teti may conduct an independent medical evaluation at any time. In fact, the case has been pending since July of 2009. Teti has had well over a year to find a medical expert to examine Mr. Hanson but has inexplicably failed to do so. The fact that Teti wants to depose an elderly man with Alzheimers whose Doctors have declared that he is not able to testify in a court of law is not a valid ground for a continuance. , Even less persuasive are Teti’s arguments that a continuance should be granted because Teti wants to engage in further discovery. The case has been pending since July of 2009. The case was noticed for trial in May of 2010. There has been ample opportunity to take depositions and to engage in discovery. The fact that Teti waited until the last minute to do so is not a valid or legitimate basis to continue the trial. The Hansons have prepared for trial and are ready to proceed on October 27, 2010 as scheduled. The Hansons have provided Teti with their exhibit and witness lists, and the Hansons’ trial exhibits are ready and available for review by Teti. The Hansons have also subpoenaed all of their witnesses for the October 27, 2010 trial. There is no legitimate or valid reason to delay the trial and the Hansons strongly object to any continuance. Mr. Hanson is an elderly man that presently suffers from Alzheimer’s Disease. Mr. Hanson is exactly the type of person that section 415.1115, Florida Statutes, seeks to protect by allowing for a speedy trial. Mr. Hanson’s age and mental condition make a speedy trial necessary. Any continuance would be a violation of Mr. Hanson’s right to a speedy trial. For all of the reasons outlined above, Teti’s Motion for Continuance should be denied and the October 27, 2010 trial should proceed as scheduled. WHEREFORE, Ellis Hanson and Velta Hanson, request the Court to: (i) deny Alma Teti’s Motion for Continuance; (ii) order the October 27, 2010 trial to proceed as scheduled; (iii) hold that section 415.1115, Florida Statutes, provides the Hansons with the right to a speedy trial and any continuance would be a violation of that right; (iii) grant the Hansons their attorneys’ fees and costs incurred in prosecuting this matter; and (iv) grant the Hansons any further relief the Court deems just and appropriate. (Certificate of service on the following page)CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via facsimile and U.S. mail to D. Keith Wickenden, Esq., Grant, Fridkin, Pearson, Athan & Crown, P.A., 5551 Ridgewood Drive, Suite 501, Naples, Florida 34108, on this BoM day of September 2010. COLEMAN, YOVANOVICH & KOESTER, P.A. SSS sseeFeefFfFS = By: ex R. Figares Florida Bar No. 14305 Edmond E. Koester Florida Bar No. 87882 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 239.435.1218 Facsimile Attorneys for Ellis and Velta Hanson° * Copy IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION ELLIS HANSON and VELTA HANSON, Plaintiffs, v. Case No. 09-6515-CA ALMA TETI, Defendant. PLAINTIFFS’ MOTION FOR PROTECTIVE IRDER FOR IN OF ELLIS IN Plaintiffs, Ellis Hanson and Velta Hanson, by and through the undersigned counsel, pursuant to Rule 1.280(c), Florida Rules of Civil Procedure, Section 90.603, Florida Statutes, and Section 90.604, Florida Statutes, move this Court to grant a protective order to prevent the deposition of Ellis Hanson (“Mr. Hanson”), and show: I. BACKGROUND 1. On August 20, 2009, opposing counsel requested dates to take the deposition of Mr. Hanson. A true and correct copy of the email is attached hereto as Exhibit “A.” 2. Mr. Hanson suffers from Alzheimer’s Disease. His symptoms from the Alzheimer’s Disease include, but are not limited to, severe memory loss and cognitive deficits, which have become progressively worse over time. 3. His treating psychologist, Bill E. Beckwith, Ph.D., Licensed Psychologist (“Dr. Beckwith”), has stated that Mr. Hanson is not competent to testify or be deposed in legal matters as a result of his Alzheimer’s Disease. A true and correct copy of correspondence from Dr. Beckwith is attached hereto as Exhibit “B.” ve4. His treating neurologist, Brian D. Wolff, M.D. (“Dr. Wolff"), has stated that Mr. Hanson is not capable of testifying at trial or in deposition and that any testimony from him would be unreliable as a result of his Alzheimer’s Disease. A true and correct copy of correspondence from Dr. Wolff is attached hereto as Exhibit “C.” Il. STAND. AP CTIV. IE 5. Rule 1.280(c), Florida Rules of Civil Procedure, states in relevant part that “[u]pon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense that justice requires...” Rule 1.280, Fla.R.Civ.P. Il]. RELEVANT STANDARD TO PREVENT THE TESTIMONY OF A WITNESS : 6. Section 90.603, Florida Statutes, states “‘a person is disqualified to testify as a witness when the court determines that the person is: (1) Incapable of expressing himself or herself concerning the matter in such a manner as to be understood, either directly or through interpretation by one who can understand him or her. (2) Incapable of understanding the duty of a witness to tell the truth.” 7. Section 90.604, Florida Statutes, states “Except as otherwise provided in s. 90.702, a witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may be given by the witness's own testimony.” “The other generally required qualifications of a witness, ¢.g., the capacity to perceive and recollect, are included within the provisions of section 90.604. In order to have the requisite personal knowledge of the > Aimatter about which he or she is to testify, a witness must have the ability to perceive, remember and communicate facts.” (emphasis added) State v. Green, 733 So. 2d 583, 584 (Fla. 1* DCA 1999). Iv. ARGUMENT 8. Under Rule 1.280(c), Florida Rules of Civil Procedure, it would be embarrassing and oppressive for Mr. Hanson to be forced to be deposed as a result of his Alzheimer’s Disease, which has progressed to the point of severe memory loss. To force Mr. Hanson to testify ina deposition would result in the waste of expense and time as he is no longer able to remember facts in this matter. A protective order should be granted to preclude opposing counsel from deposing Mr. Hanson. 9. Further, under the Florida Rules of Evidence, Mr. Hanson is also disqualified from testifying. Under Section 90.603 and Section 90.604, Florida Statutes, which codifies portions of the Florida Rules of Evidence, Mr. Hanson, as a result of his memory loss and cognitive difficulties, is unable to express himself in this matter and cannot understand his duty to tell the truth. He also does not have personal knowledge of the matter because he is unable to perceive, remember, and communicate facts in this matter as a Tesult of the Alzheimer’s Disease. 10. For the above stated reasons, a protective order should be granted preventing the deposition of Ellis Hanson in this case. WHEREFORE, Plaintiffs, Ellis and Velta Hanson, request this Court to grant a protective order to prevent the deposition of Ellis Hanson at all times in this case along with any further relief this Court deems just and appropriate. yeCERTIFICATE OF E 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via facsimile and U.S. mail to D. Keith Wickenden, Esq., Grant, Fridkin, Pearson, Athan & Crown, P.A., 5551 Ridgewood Drive, Suite 501, Naples, Florida 34108, on this Lith, day of September, 2009. COLEMAN, YOVANOVICH & KOESTER, P.A. oe. fet Ze tC Todd M. Rich Florida Bar No. 51451 Edmond E. Koester Florida Bar No. 87882 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 239.435.1218 Facsimile Attorneys for Ellis and Velta HansonPage 1 of 1 Todd Rich From: Colleen M. Mueller [CMueller@gfpac.com] Sent: Thursday, August 20, 2009 10:23 AM To: Todd Rich Ce: D. Keith Wickenden Subject: Hanson v. Teti Mr. Rich, Mr. Wickenden would like to take the depositions of Ellis Hanson and Rick Walker. Please let me know your availability on the following dates: o7 99 9/10 9/14 9/15 9/16 Thank you. Colleen Mueller, Paralegal Grant, Fridkin, Pearson, Athan & Crown, PA 5551 Ridgewood Dr., Suite 501 Naples, FL 34108 Phone (239) 514-1000 ext. 2020 Fax (239) 514-0377 ut COM rer rrrr reer reer The preceding e-mail message may have information that is confidential, may be protected by the attorney/ciient or other applicable privileges, and may constitute non-public information. If the reader of this message Is not the intended recipient, you are hereby notified that any issemination, forwarding, or copying of this communication is prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or by calling (239) 514-1000 and delete the original message. Thank you. EXHIBIT “A” 9/10/2009dep UI Uy ULT/p Ur. Bu &. Qoun September 1, 2009 ATTN: Todd Rich, Esq. RE: Ellis Hanson (DOB: 07/29/1923) tam writing on behalf of Mr. Ellis Hanson. Mr. Hanson has Middle Stage Alzheimer’s disease with very severe short-term memory loss as well as other cognitive deficits. He is not competent to testify or be deposed in legal matters. if you have questions or desire further comment, please do not hesitate to contact me. Sr, Sem Bill E. Beckwith, Ph.D., Licensed Psychologist EXHIBIT “B” wewmemor entinfo 1415 Panther lane Suite 239 Naples, Fl 34109 (239)851-1968 FAX: {239)S91-6227os-28-09:19:20; © 4351218 @ au | Brian D. WoLrr, M.D. BOAO CantiriaD NEUROLOGIST © CERT/FIED INDEPENDENT | MEDICAL EXAMINER > Exegay MEDICAL AovIAnR, WORKERS’ Comp STATE OF FL 671 GOOOLETTE RD. H., SUITE 120 © NAPLES, FL 34102 » 239.643.4030 + FAX 239.643.6010 Please be advised that attcad Mr. Ellis Hanson for a diagnosis of Alzheimer’s Diseuse 3, 2008. His condition has caused him to sustain severe impairs his judgment. His neurological deficits have of my care of him. In view of this, it is my} that he would not be capable of testifying at trial or in deposition. Pee rmony Detained from him would not be reliable Should there he any further questions regarding the above, please contact me. Sincerely, Neus . EXHIBIT “C”