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Filing # 189451727 E-Filed 01/10/2024 10:23:36 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.
_______________________________/
DEFENDANTS’ SECOND EXPERT AND BOECHER
REQUEST FOR PRODUCTION TO PLAINTIFF
Defendants, ADRIAN RODRIGUEZ CHAVEZ and GRANNY’S GARDEN II, INC,
by and through undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil
Procedure, requests that the Plaintiff, ASBEL ALEXANDER LLERENA, to produce for
inspection and/or copying the following documents, writings, papers and other data within
thirty (30) days, at the offices of the undersigned attorneys for the Defendant: Cole, Scott
& Kissane, P.A., Tower Place, Suite 400, 1900 Summit Tower Boulevard, Orlando,
Florida 32810.
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
EXPERT AND BOECHER REQUEST FOR PRODUCTION
1. All files maintained by any individual disclosed in the Amended Expert
Disclosure.
2. Any and all reports prepared or furnished to you or your counsel by any
individual disclosed in the Amended Expert Disclosure.
3. Any and all reports which were furnished to any individual disclosed in the
Amended Expert Disclosure by any other individual disclosed in the Amended
Expert Disclosure.
4. For each individual disclosed in the Amended Expert Disclosure, a copy of any
letter of protection or “Doctor’s lien” issued to Plaintiff and related to treatment
provided onor after the incident.
5. For each individual disclosed in the Amended Expert Disclosure, a copy of any
records revealing, disclosing, or concerning the number of patients treated
pursuant to a letter of protection or “Doctor’s lien”.
6. For each individual disclosed in the Amended Expert Disclosure, a copy of any
records revealing, disclosing, or concerning the percentage of the individual’s
practice devoted to treating patients pursuant to letters of protection or Doctor’s
liens.
7. For each individual disclosed in the Amended Expert Disclosure, a copy of any
records revealing, disclosing, or concerning the percentage of the individual’s
accounts receivable comprising patients treated pursuant to a letter of protection
or Doctor’slien.
8. Any and all materials any individual disclosed in the Amended Expert Disclosure
has 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.
9. Curriculum vitae for all individuals disclosed in the Amended Expert Disclosure.
10. Any and all test results and/or experiments conducted in this case by any
individualdisclosed in the Amended Expert Disclosure, including agents and/or
employees of said individual(s).
11. Complete billing files maintained by any individual disclosed in the Amended
Expert Disclosure, including, but not limited to, the charges rendered, the
statements rendered, the time spent on this case, and other relevant materials
concerning thetime and billing on this case.
-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
12. Any and all notes, writings, memoranda, etc. which have been prepared in or
for this case by any individual disclosed in the Amended Expert Disclosure.
13. Any and all computer printouts from computers used by any individuals
disclosedin the Amended Expert Disclosure, or agents, servants or employees
which were prepared for this case.
14. Any and all notes taken or prepared by any individuals disclosed in the
Amended Expert Disclosure, or agents, servants or employees which were
prepared for this case.
15. Any and all literature written by any individual disclosed in the Amended Expert
Disclosure.
16. A list of all cases in which any individual disclosed in the Amended Expert
Disclosure, has testified in the past five years, including the name of the attorney
who called the expert, the name of the case which the expert reviewed, the court
and judicial circuit in which the case was filed and the case number.
17. All textbooks, journals or similar literature which any individual disclosed in the
Amended Expert Disclosure has consulted and for which any such individual has
relied uponin order to arrive at any opinions which they will render in this case.
18. Any documents related to, disclosing, or concerning any payments made by
Morgan & Morgan (All Offices) to each of the individuals listed within the
Amended Expert Disclosure for expert services rendered in this case.
19. Any documents related to all monies paid to all experts listed within Plaintiff’s
Amended Expert Witness Disclosure by Morgan & Morgan (All Offices) in the
past three years.
20. Any documents related to, disclosing, or concerning the fees charged by each
of the individuals in the Amended Expert Disclosure for expert services in this
case.
21. Any and all communications, whether written, digital, text message, electronic,
or in any other medium, between You and any individual listed in the Amended
Expert Disclosure relating to this case.
22. Any and all communications, whether written, digital, text message, electronic,
or in any other medium, between You and any individual listed in the Amended
Expert Disclosure relating to your alleged injuries from the incident.
23. Any and all communications, whether written, digital, text message, electronic,
-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
or in any other medium, between You and any individual listed in the Amended
Expert Disclosure relating to expert witness services in this case.
24. Any and all communications, whether written, digital, text message, electronic,
or in any other medium, between You and any individual listed in the Amended
Expert Disclosure relating to the provision of expert opinions in this case.
25. Any and all communications, in any medium, between Morgan & Morgan (All
Offices) and any individual disclosed on the Amended Expert Disclosure
concerning the issues of causation, damages, and/or future medical treatment
and expenses.
26. Any and all communications, in any medium, between Morgan & Morgan (All
Offices) and any individual disclosed on the Amended Expert Disclosure
concerning this case.
27. The applicable fee schedule in this case for each individual disclosed in the
Amended Expert Disclosure.
28. Copies of any and all transcripts for deposition or trial testimony provided by
any individual disclosed in the Amended Expert Disclosure retained by Morgan
and Morgan (All Offices).
29. All materials you reasonably expect or intend to use at trial for witness
impeachment, including, but not limited to, depositions, literature, or any other
impeachment materials.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 10th day of January, 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.
-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
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
-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 # 189451727 E-Filed 01/10/2024 10:23:36 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. _______________________________/ DEFENDANTS’ SECOND EXPERT AND BOECHER REQUEST FOR PRODUCTION TO PLAINTIFF Defendants, ADRIAN RODRIGUEZ CHAVEZ and GRANNY’S GARDEN II, INC, by and through undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, requests that the Plaintiff, ASBEL ALEXANDER LLERENA, to produce for inspection and/or copying the following documents, writings, papers and other data within thirty (30) days, at the offices of the undersigned attorneys for the Defendant: Cole, Scott & Kissane, P.A., Tower Place, Suite 400, 1900 Summit Tower Boulevard, Orlando, Florida 32810. 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 EXPERT AND BOECHER REQUEST FOR PRODUCTION 1. All files maintained by any individual disclosed in the Amended Expert Disclosure. 2. Any and all reports prepared or furnished to you or your counsel by any individual disclosed in the Amended Expert Disclosure. 3. Any and all reports which were furnished to any individual disclosed in the Amended Expert Disclosure by any other individual disclosed in the Amended Expert Disclosure. 4. For each individual disclosed in the Amended Expert Disclosure, a copy of any letter of protection or “Doctor’s lien” issued to Plaintiff and related to treatment provided onor after the incident. 5. For each individual disclosed in the Amended Expert Disclosure, a copy of any records revealing, disclosing, or concerning the number of patients treated pursuant to a letter of protection or “Doctor’s lien”. 6. For each individual disclosed in the Amended Expert Disclosure, a copy of any records revealing, disclosing, or concerning the percentage of the individual’s practice devoted to treating patients pursuant to letters of protection or Doctor’s liens. 7. For each individual disclosed in the Amended Expert Disclosure, a copy of any records revealing, disclosing, or concerning the percentage of the individual’s accounts receivable comprising patients treated pursuant to a letter of protection or Doctor’slien. 8. Any and all materials any individual disclosed in the Amended Expert Disclosure has 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. 9. Curriculum vitae for all individuals disclosed in the Amended Expert Disclosure. 10. Any and all test results and/or experiments conducted in this case by any individualdisclosed in the Amended Expert Disclosure, including agents and/or employees of said individual(s). 11. Complete billing files maintained by any individual disclosed in the Amended Expert Disclosure, including, but not limited to, the charges rendered, the statements rendered, the time spent on this case, and other relevant materials concerning thetime and billing on this case. -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 12. Any and all notes, writings, memoranda, etc. which have been prepared in or for this case by any individual disclosed in the Amended Expert Disclosure. 13. Any and all computer printouts from computers used by any individuals disclosedin the Amended Expert Disclosure, or agents, servants or employees which were prepared for this case. 14. Any and all notes taken or prepared by any individuals disclosed in the Amended Expert Disclosure, or agents, servants or employees which were prepared for this case. 15. Any and all literature written by any individual disclosed in the Amended Expert Disclosure. 16. A list of all cases in which any individual disclosed in the Amended Expert Disclosure, has testified in the past five years, including the name of the attorney who called the expert, the name of the case which the expert reviewed, the court and judicial circuit in which the case was filed and the case number. 17. All textbooks, journals or similar literature which any individual disclosed in the Amended Expert Disclosure has consulted and for which any such individual has relied uponin order to arrive at any opinions which they will render in this case. 18. Any documents related to, disclosing, or concerning any payments made by Morgan & Morgan (All Offices) to each of the individuals listed within the Amended Expert Disclosure for expert services rendered in this case. 19. Any documents related to all monies paid to all experts listed within Plaintiff’s Amended Expert Witness Disclosure by Morgan & Morgan (All Offices) in the past three years. 20. Any documents related to, disclosing, or concerning the fees charged by each of the individuals in the Amended Expert Disclosure for expert services in this case. 21. Any and all communications, whether written, digital, text message, electronic, or in any other medium, between You and any individual listed in the Amended Expert Disclosure relating to this case. 22. Any and all communications, whether written, digital, text message, electronic, or in any other medium, between You and any individual listed in the Amended Expert Disclosure relating to your alleged injuries from the incident. 23. Any and all communications, whether written, digital, text message, electronic, -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 or in any other medium, between You and any individual listed in the Amended Expert Disclosure relating to expert witness services in this case. 24. Any and all communications, whether written, digital, text message, electronic, or in any other medium, between You and any individual listed in the Amended Expert Disclosure relating to the provision of expert opinions in this case. 25. Any and all communications, in any medium, between Morgan & Morgan (All Offices) and any individual disclosed on the Amended Expert Disclosure concerning the issues of causation, damages, and/or future medical treatment and expenses. 26. Any and all communications, in any medium, between Morgan & Morgan (All Offices) and any individual disclosed on the Amended Expert Disclosure concerning this case. 27. The applicable fee schedule in this case for each individual disclosed in the Amended Expert Disclosure. 28. Copies of any and all transcripts for deposition or trial testimony provided by any individual disclosed in the Amended Expert Disclosure retained by Morgan and Morgan (All Offices). 29. All materials you reasonably expect or intend to use at trial for witness impeachment, including, but not limited to, depositions, literature, or any other impeachment materials. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 10th day of January, 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. -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 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 -5- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX