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Filing # 191225443 E-Filed 02/05/2024 10:49:13 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY,
FLORIDA
_/
CASE NO.: 2020 CA 002872 AN
ASBEL ALEXANDER LLERENA,
Plaintiff,
v.
ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.,
Defendants.
NOTICE OF TAKING CONTINUED DEPOSITION DUCES TECUM
To: Melissa Alzate
Morgan & Morgan, P.A.
198 Broadway Avenue
Kissimmee, FL 34741
PLEASE TAKE NOTICE that, pursuant to Rule 1.310 (b) of the Florida Rules of
Civil Procedure, the undersigned attorneys will take the depositions of:
NAME: Timonthy Bundy, D.O., CLCP, ATC
DATE: February 20, 2024
TIME: 4:00 P.M.
LOCATION: Microsoft Teams:
Click here to join the meeting
Meeting ID: 225 951 061 32
Passcode: KJcy4Z
The deposition is being taken for the purposes of discovery and for use at trial, or for such
other purposes as are permitted under the Florida Rules of Civil Procedure. The
deposition will continue from day to day until completed.
The deponent is directed to produce for inspection or copying at the time of the deposition
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COLE, SCOTT & KISSANE, P.A.
CASE NO.: 2020 CA 002872 AN
the documents called for in the attached SCHEDULE A [and as to any documents over
which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5)].
In an effort to expedite the deposition, Defendant’s counsel requests that the requested
documents responsive to SCHEDULE A be produced at least five (5) days before the
date of the deposition, to allow the parties to conduct the deposition quickly and
efficiently. This will eliminate the need for Defendant’s counsel having to review the
documents for the first time at the deposition with the deponent. Defendant will reimburse
deponent for all reasonable costs associated with producing the requested documents
prior to the deposition.
Further, to the extent any privilege or confidentiality is claimed to apply to the requested
documents, the deponent is directed to bring such responsive documents to the
deposition so that they can fully answer all of counsel’s questioning. However, a privilege
log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced
in lieu of the actual documents over which such claim is asserted. Any such privileged
documents are nonetheless requested to be available at the deposition for the
deponent to review during the deposition in order to fully answer all questions;
Defendant stipulates that such review of documents over which a privilege claim
has been asserted by any deponent will not be deemed as a waiver of any claimed
privilege.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 5th day of February, 2024, a true and correct
copy of the foregoing was filed with the Clerk of Osceola County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan &
Morgan, P.A., malzate@forthepeople.com; imerlos@forthepeople.com;
anajera@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452-
6990/(407) 452-1597 (F), Attorney for Plaintiff, Asbel Alexander Llerena.
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COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant ADRIAN RODRIGUEZ
CHAVEZ AND GRANNY'S GARDEN II, INC.
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone (321) 972-0011
Facsimile (321) 972-0099
Primary e-mail: scott.shelton@csklegal.com
Secondary e-mail: gary.lewis@csklegal.com
Alternate e-mail:
sandra.mcintosh@csklegal.com
By: /s/ Gary L. Lewis
SCOTT A. SHELTON
Florida Bar No.: 36486
GARY L. LEWIS
Florida Bar No.: 158887
0487.2384-00
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COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
SCHEDULE A
1. Your entire file in this case.
2. Any and all materials you reviewed in this matter, including, but not limited to,
correspondence, photographs, reports, books, articles, literature, films, tests,
experiments, statements, or other reference materials that you used or are relying on.
3. Any and all reports you prepared or furnished in this case.
4. Any and all reports which were furnished to you in this case.
5. Any and all test results and/or experiments you conducted in this case.
6. Any and all results of tests you, your agents, servants or employees conducted in
this case.
7. Your complete billing file in this case, including, but not limited to, the charges you
have rendered, the statements that you have rendered, the time spent on this case, and
other relevant materials concerning the time and billing on this case.
8. Any and all notes, writings, memoranda, etc. which you have prepared on this
case.
9. Any and all computer printouts from computers used by you or your agents,
servants or employees which were prepared for this case.
10. Any and all notes taken or prepared by you or your agents, servants or employees
which were prepared for this case.
11. A list of all cases in which you have been retained to testify in the past five years,
including the name of the attorney who retained you, the name of the case which you
reviewed, the court and judicial circuit in which the case was filed and the case number.
12. A copy of any and all written correspondence either directed to you from Plaintiff’s
counsel or written by you to Plaintiff’s counsel.
13. All textbooks, journals or similar literature which you have consulted and for which
you have relied upon in order to arrive at any opinions which you will render in this case.
14. A list of each and every case in which Timonthy Bundy, or any other Associates of
Timonthy Bundy that have testified as an expert witness (or otherwise offered opinion
based upon his skill, training and experience) by deposition during the preceding three
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COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
years for Plaintiff and Plaintiff’s current law firm, Morgan & Morgan, P.A., and any attorney
associated with that firm including Melissa Alzate.
15. A list of the litigation cases in which Timonthy Bundy, or any other associates of
Timonthy Bundy, have performed any type of consulting work during the preceding three
years for Plaintiff and Plaintiff’s current law firm, Timonthy Bundy, and any attorney
associated with that firm, including Melissa Alzate.
16. A list of the amount of money Timonthy Bundy, or any other associates of Timonthy
Bundy, have been paid during the preceding three years by or on behalf of Plaintiff and
Plaintiff’s current law firm, Morgan & Morgan, P.A., and any attorney associated with that
firm, including Melissa Alzate, for any reason whether in the course of rendering treatment
offering opinion based upon his skill, training and experience, or otherwise.
Page 5
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
Preview
Filing # 191225443 E-Filed 02/05/2024 10:49:13 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA _/ CASE NO.: 2020 CA 002872 AN ASBEL ALEXANDER LLERENA, Plaintiff, v. ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., Defendants. NOTICE OF TAKING CONTINUED DEPOSITION DUCES TECUM To: Melissa Alzate Morgan & Morgan, P.A. 198 Broadway Avenue Kissimmee, FL 34741 PLEASE TAKE NOTICE that, pursuant to Rule 1.310 (b) of the Florida Rules of Civil Procedure, the undersigned attorneys will take the depositions of: NAME: Timonthy Bundy, D.O., CLCP, ATC DATE: February 20, 2024 TIME: 4:00 P.M. LOCATION: Microsoft Teams: Click here to join the meeting Meeting ID: 225 951 061 32 Passcode: KJcy4Z The deposition is being taken for the purposes of discovery and for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The deposition will continue from day to day until completed. The deponent is directed to produce for inspection or copying at the time of the deposition Page 1 COLE, SCOTT & KISSANE, P.A. CASE NO.: 2020 CA 002872 AN the documents called for in the attached SCHEDULE A [and as to any documents over which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5)]. In an effort to expedite the deposition, Defendant’s counsel requests that the requested documents responsive to SCHEDULE A be produced at least five (5) days before the date of the deposition, to allow the parties to conduct the deposition quickly and efficiently. This will eliminate the need for Defendant’s counsel having to review the documents for the first time at the deposition with the deponent. Defendant will reimburse deponent for all reasonable costs associated with producing the requested documents prior to the deposition. Further, to the extent any privilege or confidentiality is claimed to apply to the requested documents, the deponent is directed to bring such responsive documents to the deposition so that they can fully answer all of counsel’s questioning. However, a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced in lieu of the actual documents over which such claim is asserted. Any such privileged documents are nonetheless requested to be available at the deposition for the deponent to review during the deposition in order to fully answer all questions; Defendant stipulates that such review of documents over which a privilege claim has been asserted by any deponent will not be deemed as a waiver of any claimed privilege. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 5th day of February, 2024, a true and correct copy of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A., malzate@forthepeople.com; imerlos@forthepeople.com; anajera@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452- 6990/(407) 452-1597 (F), Attorney for Plaintiff, Asbel Alexander Llerena. Page 2 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN COLE, SCOTT & KISSANE, P.A. Counsel for Defendant ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. Tower Place, Suite 400 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone (321) 972-0011 Facsimile (321) 972-0099 Primary e-mail: scott.shelton@csklegal.com Secondary e-mail: gary.lewis@csklegal.com Alternate e-mail: sandra.mcintosh@csklegal.com By: /s/ Gary L. Lewis SCOTT A. SHELTON Florida Bar No.: 36486 GARY L. LEWIS Florida Bar No.: 158887 0487.2384-00 Page 3 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN SCHEDULE A 1. Your entire file in this case. 2. Any and all materials you reviewed in this matter, including, but not limited to, correspondence, photographs, reports, books, articles, literature, films, tests, experiments, statements, or other reference materials that you used or are relying on. 3. Any and all reports you prepared or furnished in this case. 4. Any and all reports which were furnished to you in this case. 5. Any and all test results and/or experiments you conducted in this case. 6. Any and all results of tests you, your agents, servants or employees conducted in this case. 7. Your complete billing file in this case, including, but not limited to, the charges you have rendered, the statements that you have rendered, the time spent on this case, and other relevant materials concerning the time and billing on this case. 8. Any and all notes, writings, memoranda, etc. which you have prepared on this case. 9. Any and all computer printouts from computers used by you or your agents, servants or employees which were prepared for this case. 10. Any and all notes taken or prepared by you or your agents, servants or employees which were prepared for this case. 11. A list of all cases in which you have been retained to testify in the past five years, including the name of the attorney who retained you, the name of the case which you reviewed, the court and judicial circuit in which the case was filed and the case number. 12. A copy of any and all written correspondence either directed to you from Plaintiff’s counsel or written by you to Plaintiff’s counsel. 13. All textbooks, journals or similar literature which you have consulted and for which you have relied upon in order to arrive at any opinions which you will render in this case. 14. A list of each and every case in which Timonthy Bundy, or any other Associates of Timonthy Bundy that have testified as an expert witness (or otherwise offered opinion based upon his skill, training and experience) by deposition during the preceding three Page 4 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN years for Plaintiff and Plaintiff’s current law firm, Morgan & Morgan, P.A., and any attorney associated with that firm including Melissa Alzate. 15. A list of the litigation cases in which Timonthy Bundy, or any other associates of Timonthy Bundy, have performed any type of consulting work during the preceding three years for Plaintiff and Plaintiff’s current law firm, Timonthy Bundy, and any attorney associated with that firm, including Melissa Alzate. 16. A list of the amount of money Timonthy Bundy, or any other associates of Timonthy Bundy, have been paid during the preceding three years by or on behalf of Plaintiff and Plaintiff’s current law firm, Morgan & Morgan, P.A., and any attorney associated with that firm, including Melissa Alzate, for any reason whether in the course of rendering treatment offering opinion based upon his skill, training and experience, or otherwise. Page 5 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX