Document for Brian Verwoert, Fred Lederer, Randi Lederer v. Liberty Coca-Cola Beverages Llc, Nicholas Klumack

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                                FILED: ROCKLAND COUNTY CLERK 07/10/2023 11:26 AM                                              INDEX NO. 031779/2021
NYSCEF DOC. NO. 22                                                                     RECEIVED NYSCEF: 07/10/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF ROCKLAND
          --------------------------------------------------------------------X
          BRIAN VERWOERT, FRED LEDERER and
          RANDI LEDERER,                                                          Index No.: 031779/2021

                                                      Plaintiffs,                 DEMAND FOR
                                                                                  AUTHORIZATIONS
                                    -against-

         LIBERTY COCA-COLA BEVERAGES LLC
         and NICHOLAS KLUMACH

                                                      Defendants.
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                  PLEASE TAKE NOTICE, that Defendant, LIBERTY COCA-COLA BEVERAGES

         LLC (“Defendant”), by their attorneys, Lewis Brisbois Bisgaard & Smith, LLP, hereby demands

         that Plaintiff BRIAN VERWOERT (“Plaintiff”), within twenty (20) days, serve the following duly

          executed and acknowledged written original, unrestricted to date, HIPAA-compliant

          authorizations to obtain his complete records from:

                   1.      Billy H. Ford, M.D.

                   2.      Express Scripts, Inc.

                   3.      Odyssey Chiropractic and Wellness

                   4.      Pasternack Tilker Ziegler Walsh Stanton & Romano LLP

                   5.      City Medical of Upper Eastside

                   6.      CityMD Nanuet

                   7.      One Call Medical Inc.

                   8.      Coventry Health Care Inc.

                   9.      Crystal Run Healthcare Physicians

                   10.     Jeffrey Salkin, M.D.




          126538562.1


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FILED: ROCKLAND COUNTY CLERK 07/10/2023 11:26 AM                                              INDEX NO. 031779/2021
NYSCEF DOC. NO. 22                                                                    RECEIVED NYSCEF: 07/10/2023




                   PLEASE TAKE FURTHER NOTICE, that said HIPAA-compliant authorizations are to

         contain full and proper names and addresses, together with any necessary identifying information,

         such as the social security number, medical record number, and initials within section 9(a) of the

         authorizations to obtain the requisite records.

                   PLEASE TAKE FURTHER NOTICE, that failure to comply with this Demand within

         twenty (20) days from receipt hereof will leave you subject to the provisions of the CPLR and may

         result in Plaintiff being precluded at trial from testifying or offering into evidence any evidence

         pertaining to or contained in the items demanded herein.

                   PLEASE TAKE FURTHER NOTICE, that upon Plaintiff’s failure to produce the

         aforesaid documents at the time and place required in this Demand, a motion will be made for

         appropriate relief to the Court.

                   PLEASE TAKE FURTHER NOTICE, that this shall be deemed a continuing demand

         during the pendency of this action if any of the above requested items are subsequently obtained.

         Dated: New York, New York
                July 10, 2023


                                                         LEWIS BRISBOIS BISGAARD & SMITH, LLP

                                                   By:     Sean Pié
                                                           Sean Pié, Esq.
                                                           Attorneys for Defendant
                                                           LIBERTY COCA-COLA BEVERAGES LLC.
                                                           77 Water Street, Suite 2100
                                                           New York, NY 10005
                                                           Tel: (212) 232-1300

         TO:       ESTRIN & BENN, LLC
                   Attorney for Plaintiffs
                   225 Broadway, Suite 1200
                   New York, New York 10007
                   (212) 962-0800



          126538562.1


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