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Filing # 186483705 E-Filed 11/20/2023 10:48:06 AM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
BARBARA GONZALEZ
Plaintiff,
CASE NO.: 21000968CA.
vs.
MICHAEL G. EDWARDS and
HHS ENVIRONMENTAL SERVICES, LLC,
Defendants.
/
AGREED ORDER COMPELLING RULE 1.360 EXAMINATION
Pursuant to Florida Rule of Civil Procedure 1.360, (“Examination of Persons”),
Defendants’ counsel has notified Plaintiff's counsel that the Plaintiff, Barbara Gonzalez, is
requested to present for a noninvasive examination as follows:
Examiner: Charles Graubert, MD
Address: Punta Gorda Charlotte Library
401 Shreve St
Punta Gorda, Florida 33950
Date: November 17, 2023
Time: 11:30 a.m.
Scope: Life Care Plan
THE FOLLOWING CONDITIONS ARE TO BE OBSERVED BY ALL PARTIES
INVOLVED:
1 This examination is not a deposition so the examiner shall be limited to that
information reasonably necessary to conduct the specialty-appropriate examination and evaluation
of an individual, including a brief medical history as well as present complaints. Plaintiff will
provide the examiner with a list of all medications that she currently takes. The examination is to
be limited to the specific medical conditions in controversy and unless modified by another court
order, such examination will be the only exam for the specific condition(s) or issues in controversy
(without limiting the possibility of multiple specialties). No invasive testing shall be performed
without informed consent by the Plaintiff/examinee, or further Order of court.
2. The examinee will not be required to complete any lengthy information forms upon
arrival at the examiner’s office. The examinee will furnish the doctor with name, address, and
date of birth. Questions pertaining to how the Plaintiff was injured, and where and how the
Plaintiff sustained the injuries complained of, are permitted. Questions pertaining to “fault”, when
1
the Plaintiff hired her attorney, who referred the Plaintiff to any doctor, and what the Plaintiff told
her attorney(ies) or any investigators
are NOT permitted.
3 It shall be the defense attorney’s responsibility to provide the examiner with all
medical records, imaging studies, test results, and the like, which the defense wants the examiner
to review and rely upon as part of the examination. Unless he or she has exclusive control of any
original records or imaging studies, Plaintiff shall not be required to bring anything to the exam
other than valid identification (eg., Driver’s License, Official Florida Identification Card or
government-issued Passport).
4 Plaintiff is permitted to have her attorney (and spouse, or parent, or other
Tepresentative) present for the examination, provided that only one of these listed non-attorney
persons may attend. Such person(s) may unobtrusively observe the examination, unless the
examiner or defense counsel establishes a case-specific reason why such person’s presence would
be disruptive, and that no other qualified individual in the area would be willing to conduct the
examination with such person present. If the examination is to be recorded or observed by others,
the request or response of the examinee’s attorney shall include the number of people attending,
their role, and the method(s) of recording.
5 Plaintiff's counsel may also send a court reporter or a videographer to the
examination. It is the duty of defense counsel to relay this information to the examiner’s office
personnel. Any and all costs associated with the attendance of a court reporter and/or videographer
shall be satisfied by the Plaintiff; however, Defendants will be responsible for any appearance fees
charged by the examining expert.
6 Neither Defendants’ attormey nor any of Defendants’ representatives may attend,
or observe, record or video the exam. Only if the video is identified as impeachment material for
use at trial may the defense counsel obtain a copy. The medical examiner shall not be entitled to
any payment of an additional or accommodation fee from the Plaintiff or her counsel, simply
because of the presence of legally permitted third parties. The court shall reserve ruling as to
whether such costs, if imposed by an examiner, may be properly recoverable by the Defendant as
a taxable cost, or otherwise awarded by the court.
7. If a videotape or digital recording is made of the examination by counsel for
Plaintiff, it is considered work-product, and neither the defense nor the examiner is entitled to a
copy, unless and until same is designated as (or reasonably expected to become) trial evidence,
subject to discovery only upon a showing of need and undue hardship. Use of the video or DVD
2
is limited specifically to the instant litigation. At the close of litigation, including any appeal, all
copies shall be destroyed — unless counsel convinces the court (and an order is entered) that there
is some compelling reason for either party, or the examiner, to retain a copy.
8. Neither Plaintiff's counsel, nor anyone else permitted to be present, shall interject
themselves into the examination unless the examiner seeks information not permitted by this
Order. If Plaintiff's counsel speaks openly or confers privately with the examinee, and this disrupts
the exam or causes the examiner to terminate the examination, counsel may be subject to sanctions.
9 The report of the examiner shall be sent to Plaintiff's counsel, as required by Rule
1.360(b), no less than 2 days before the deposition of the examiner, unless otherwise agreed
between counsel for the parties or ordered by the court due to special problems.
10. All protected health information generated or obtained by the examiner shall be
kept in accordance with HIPPA requirements and shall not be disseminated by the examiner or
defense counsel to any other person or entity not a party to this case without a specific order from
this court.
11. Defense counsel must provide the examiner with a copy of this Order and explain
the need for the examiner’s compliance.
DONE AND ORDERED.
/}
FREY H in 21000968CA
on 1720/3023 1047.56 GP ix-301
Electronic Service List
David P Carlton ,
Efilemadeeasy Batch Admin
Francesca A. Ippolito-Craven , ,
Helen Stratigakos ,
Michael James Rossi
Helen Stratigakos, Esq. ,
MICHAEL J ROSSI
BRITTANY ALEXANDRIA PEREZ
3
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Filing # 186483705 E-Filed 11/20/2023 10:48:06 AM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION BARBARA GONZALEZ Plaintiff, CASE NO.: 21000968CA. vs. MICHAEL G. EDWARDS and HHS ENVIRONMENTAL SERVICES, LLC, Defendants. / AGREED ORDER COMPELLING RULE 1.360 EXAMINATION Pursuant to Florida Rule of Civil Procedure 1.360, (“Examination of Persons”), Defendants’ counsel has notified Plaintiff's counsel that the Plaintiff, Barbara Gonzalez, is requested to present for a noninvasive examination as follows: Examiner: Charles Graubert, MD Address: Punta Gorda Charlotte Library 401 Shreve St Punta Gorda, Florida 33950 Date: November 17, 2023 Time: 11:30 a.m. Scope: Life Care Plan THE FOLLOWING CONDITIONS ARE TO BE OBSERVED BY ALL PARTIES INVOLVED: 1 This examination is not a deposition so the examiner shall be limited to that information reasonably necessary to conduct the specialty-appropriate examination and evaluation of an individual, including a brief medical history as well as present complaints. Plaintiff will provide the examiner with a list of all medications that she currently takes. The examination is to be limited to the specific medical conditions in controversy and unless modified by another court order, such examination will be the only exam for the specific condition(s) or issues in controversy (without limiting the possibility of multiple specialties). No invasive testing shall be performed without informed consent by the Plaintiff/examinee, or further Order of court. 2. The examinee will not be required to complete any lengthy information forms upon arrival at the examiner’s office. The examinee will furnish the doctor with name, address, and date of birth. Questions pertaining to how the Plaintiff was injured, and where and how the Plaintiff sustained the injuries complained of, are permitted. Questions pertaining to “fault”, when 1 the Plaintiff hired her attorney, who referred the Plaintiff to any doctor, and what the Plaintiff told her attorney(ies) or any investigators are NOT permitted. 3 It shall be the defense attorney’s responsibility to provide the examiner with all medical records, imaging studies, test results, and the like, which the defense wants the examiner to review and rely upon as part of the examination. Unless he or she has exclusive control of any original records or imaging studies, Plaintiff shall not be required to bring anything to the exam other than valid identification (eg., Driver’s License, Official Florida Identification Card or government-issued Passport). 4 Plaintiff is permitted to have her attorney (and spouse, or parent, or other Tepresentative) present for the examination, provided that only one of these listed non-attorney persons may attend. Such person(s) may unobtrusively observe the examination, unless the examiner or defense counsel establishes a case-specific reason why such person’s presence would be disruptive, and that no other qualified individual in the area would be willing to conduct the examination with such person present. If the examination is to be recorded or observed by others, the request or response of the examinee’s attorney shall include the number of people attending, their role, and the method(s) of recording. 5 Plaintiff's counsel may also send a court reporter or a videographer to the examination. It is the duty of defense counsel to relay this information to the examiner’s office personnel. Any and all costs associated with the attendance of a court reporter and/or videographer shall be satisfied by the Plaintiff; however, Defendants will be responsible for any appearance fees charged by the examining expert. 6 Neither Defendants’ attormey nor any of Defendants’ representatives may attend, or observe, record or video the exam. Only if the video is identified as impeachment material for use at trial may the defense counsel obtain a copy. The medical examiner shall not be entitled to any payment of an additional or accommodation fee from the Plaintiff or her counsel, simply because of the presence of legally permitted third parties. The court shall reserve ruling as to whether such costs, if imposed by an examiner, may be properly recoverable by the Defendant as a taxable cost, or otherwise awarded by the court. 7. If a videotape or digital recording is made of the examination by counsel for Plaintiff, it is considered work-product, and neither the defense nor the examiner is entitled to a copy, unless and until same is designated as (or reasonably expected to become) trial evidence, subject to discovery only upon a showing of need and undue hardship. Use of the video or DVD 2 is limited specifically to the instant litigation. At the close of litigation, including any appeal, all copies shall be destroyed — unless counsel convinces the court (and an order is entered) that there is some compelling reason for either party, or the examiner, to retain a copy. 8. Neither Plaintiff's counsel, nor anyone else permitted to be present, shall interject themselves into the examination unless the examiner seeks information not permitted by this Order. If Plaintiff's counsel speaks openly or confers privately with the examinee, and this disrupts the exam or causes the examiner to terminate the examination, counsel may be subject to sanctions. 9 The report of the examiner shall be sent to Plaintiff's counsel, as required by Rule 1.360(b), no less than 2 days before the deposition of the examiner, unless otherwise agreed between counsel for the parties or ordered by the court due to special problems. 10. All protected health information generated or obtained by the examiner shall be kept in accordance with HIPPA requirements and shall not be disseminated by the examiner or defense counsel to any other person or entity not a party to this case without a specific order from this court. 11. Defense counsel must provide the examiner with a copy of this Order and explain the need for the examiner’s compliance. DONE AND ORDERED. /} FREY H in 21000968CA on 1720/3023 1047.56 GP ix-301 Electronic Service List David P Carlton , Efilemadeeasy Batch Admin Francesca A. Ippolito-Craven , , Helen Stratigakos , Michael James Rossi Helen Stratigakos, Esq. , MICHAEL J ROSSI BRITTANY ALEXANDRIA PEREZ 3