Preview
Filing # 192960812 E-Filed 02/28/2024 04:42:25 PM
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 FILING DEPOSITION TRANSCRIPT OF
TIMOTHY BUNDY, D.O., CLCP, ATC
COME NOW Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S
GARDEN II, INC., by and through their undersigned counsel, and files this Notice of Filing
the Deposition Transcript of Timothy Bundy, D.O., CLCP, ATC dated January 16, 2024
in the above-referenced matter, for use at trial or any other hearing, deposition on this
matter.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 28th 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;vpagan@forthepeople.com, 198 Broadway
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
Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff,
Asbel Alexander Llerena.
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 2
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
IN THE CIRCUIT COURT OF THE
ORIGINAL
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY,
FLORIDA
CASE NO.: 2020 CA 002872 AN
ASBEL ALEXANDER LLERENA,
Plaintiff,
10
11
12 ADRIAN RODRIGUEZ CHAVEZ AND
13 GRANNY'S GARDEN II, INC.,
14 Defendants.
15
16 DEPONENT: TIMOTHY BUNDY, D.O., CLCP, ATC
17 DATE: JANUARY 16, 2024
18 REPORTER: LILIANNA CAVANAUGH
19
20
21
22
23
24
25
400 North Ashley Drive, Suite 2600 100 East Pine Street, Suite 308 4651 Salisbury Road, 4* Floor
TAMPA, FL 33602 ORLANDO, FL 32801 JACKSONVILLE, FL 32256
CORPORATE
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 2
APPEARANCES
ON BEHALF OF THE PLAINTIFF, ASBEL ALEXANDER LLERENA:
Melissa Alzate, Esquire
Morgan & Morgan, P.A.
198 Broadway Avenue
Kissimmee, Florida 34741
Telephone No. (407) 452-6990
E-mail: malzate@forthepeople.com;
10 imerlos@forthepeople.com;
11 anajera@forthepeople.com
12 (Appeared via videoconference)
13
14 ON BEHALF OF THE DEFENDANT, ADRIAN RODRIGUEZ CHAVEZ AND
15 GRANNY'S GARDEN II, INC.:
16 Gary Lewis, Esquire
17 Cole, Scott & Kissane, P.A.
18 1900 Summit Tower Boulevard
19 Suite 400
20 Orlando, Florida 32810
21 Telephone (321) 972-0011
22 E-mail: gary.lewis@csklegal.com
23 (Appeared via videoconference)
24
25
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
COMPANY
TODAY
www.MILESTONEREPORTING.com
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 3
INDEX
2 Page
3] PROCEEDINGS
4) DIRECT EXAMINATION BY MR. LEWIS
5
6 EXHIBITS
7) Exhibit Page
8 1 - Notice
9 2 - Patients Disclosure of Expert Witness,
10 December 11, 2023 11
11 3 - Schedule A Files & Documents 11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY TODAY
COMPANY
www.MILESTONEREPORTING.com
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 4
STIPULATION
The deposition of Timothy Bundy, D.O., CLCP, ATC was
taken at MILESTONE REPORTING COMPANY, 401 EAST JACKSON
STREET, SUITE 2370, TAMPA, FLORIDA, 33602, via
videoconference in which all participants attended
remotely, on TUESDAY the 16TH day of JANUARY 2024 at
approximately 10:19 a.m. (ET); said deposition was taken
pursuant to the FLORIDA Rules of Civil Procedure.
10
11 It is agreed that LILIANNA CAVANAUGH, being a Notary
12 Public and Court Reporter for the State of FLORIDA, may
13 swear the witness and that the reading and signing of
14 the completed transcript by the witness is not waived.
15
16
17
18
19
20
21
22
23
24
25
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
COMPANY
TODAY
www.MILESTONEREPORTING.com
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 5
PROCEEDINGS
THE REPORTER: We are now on the record. will
all parties, except for the witness, please state
your appearance, how you are attending, and your
location?
MS. ALZATE: Melissa Alzate on behalf of Mr.
Llerena, attending virtually in the Morgan & Morgan
offices in Osceola County.
MR. LEWIS: Gary Lewis on behalf of the
10 defendants, Adrian Rodriguez Chavez and Granny's
11 Garden II, Inc., appearing from my office virtually
12 via Zoom as well. And for the record, Ms. Alzate
13 and I have spoken prior to starting this deposition,
14 and I've first discovered that Mr. -- or Dr. Bundy
15 has generated a report that appears to be 37 pages
16 in length. It was presented to my office yesterday.
17 My office was closed. I have not had an opportunity
18 to review Dr. Bundy's report, so we are going to
19 continue this deposition once I have conducted the
20 initial part and obtained background information and
21 things of that nature, but continue it, so I can
22 have an opportunity to review the report and
23 question Dr. Bundy in detail on that report, if
24 necessary. Are we in agreement, Ms. Alzate?
25 MS. ALZATE: I agree.
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
www.MILESTONEREPORTING.com
COMPANY
TODAY
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 6
MR. LEWIS: Thank you. Madam Court Reporter, I
feel like I interrupted you. Did I?
THE REPORTER: No, you did not.
MR. LEWIS: Oh, good. Well, I'm happy to be
wrong. Okay.
DIRECT EXAMINATION
BY MR. LEWIS:
Doctor, please state your name?
Timothy Douglas Bundy.
10 And Dr. Bundy, where is your offices?
11 THE REPORTER: Oh, I apologize, Mr. Lewis. I
12 do have to swear him in. That's -- yeah.
13 MR. LEWIS: Oh.
14 THE REPORTER: That's where -- yeah. Okay. Dr
15 Bundy, do you solemnly swear or affirm that the
16 testimony you're about to give will be the truth,
17 the whole truth, and nothing but the truth?
18 THE WITNESS: I do. Yes.
19 THE REPORTER: You may begin.
20 BY MR. LEWIS:
21 Q Okay. All right. Dr. Bundy, please state
22 your name. We'll start over.
23 A Timothy Douglas Bundy.
24 Q Good morning, Dr. Bundy. My name is Gary
25 Lewis. I've introduced myself earlier this morning as
|
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
www.MILESTONEREPORTING.com
COMPANY
TODAY
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 7
representing the defendants in this case. And it's my
understanding that you have been retained by Plaintiff's
Counsel, Morgan & Morgan and their attorney, Ms. Melissa
Alzate, as an expert in this matter; is that correct?
A That's correct.
MR. LEWIS: Yes, sir. We have noticed your
deposition, the notice of deposition, which I will
attach as Defendant's Exhibit 1.
(EXHIBIT 1 MARKED FOR IDENTIFICATION)
10 BY MR. LEWIS:
11 Q It's dated November 20, 2023. Dr. Bundy, do
12 you have a copy of the notice of deposition duces tecum?
13 A Yes, I do, sir.
14 Q And have you reviewed that duces tecum in
15 order to comply by producing documents that you have
16 relative to this case and whatever else was requested in
17 that duces tecum?
18 A Yes.
19 Q Thank you, sir. And do you have the ability
20 to send that to the court reporter and myself
21 electronically by e-mail, Dropbox, or whatever other
22 mechanism is available?
23 A Yes. The -- the file is quite large, sol
24 could just send a link to you both, and then you'll be
25 able to get into the -- to the files.
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
www.MILESTONEREPORTING.com
COMPANY
TODAY
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 8
Q Thank you, sir. That'll be perfect I'm
going to reserve questioning you specifically about your
life care plan report this morning. I've not had an
opportunity to review it, but I would like to go through
a couple of background matters. Okay. What kind of
doctor are you?
A I have board certifications in physical
medicine and rehabilitation, pain medicine, and brain
injury medicine.
10 Q Okay. And it's my understanding that you have
11 your own entity, which is named National Life Care
12 Planners. Is that your entity?
13 A That is correct.
14 Q Yes, sir. You created that and are the sole
15 proprietor of National Life Care Planners; is that
16 right?
17 A That's correct.
18 Q When did you establish National Life Care
19 Planners?
20 A It was in 2018.
21 Q Okay. And has National Life Care Planners
22 been functioning and operating as a business under your
23 direction and control since 2018 up until today?
24 A Correct.
25 Q Thank you, sir. I'm looking at your website
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
www.MILESTONEREPORTING.com
COMPANY
TODAY
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 9
here, and it indicates that -- on the homepage it says,
Physician Life Care Planning; is that correct?
A That's correct.
Q Okay. And then under Physician Life Care
Planning, you've got Clinician Expert Witness/Certified
Life Care Planner/Independent Medical Examiner; is that
correct?
A That's correct.
Q Okay. And if I'm moving to the page titled
10 Services Provided. It indicates that you conduct
11 independent medical examinations; is that right?
12 A That's correct.
13 Q It indicates that you prepare life care plans
14 or it says Physician Life Care Planning. You prepare
15 life care plans; is that right?
16 A Yes, sir.
17 Q And you prepared a life cam -- forgive me,
18 Doctor. I'm a little bit tongue-tied this morning. You
19 prepared a life care plan report for Asbel Llerena, the
20 plaintiff in this matter, that is dated December 29,
21 2023, and it has a submission date of January 11, 2024;
22 is that right, Doctor?
23 A That's correct.
24 Q Okay. So when you have two dates like that,
25 date of report, December 29, 2023, is that when you
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
www.MILESTONEREPORTING.com
COMPANY
TODAY
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 10
generated the report?
A The 2029 is the date of the evaluation. And
then additional information was sought. I sent out
questionnaires, and then I completed the report in
January 11th of 2024.
Q So is it fair to say that December 29 is when
-- 2023 is when you began the process of generating Mr.
Llerena's life care plan report and that you finalized
it on the date of submission January 11, 2024?
10 A Yes.
11 Q Thank you, sir. Okay.
12 A I -- I will say, though, I always reserve the
13 right to do addendums or, you know, amendments to it if
14 more information becomes available, o--
15 Q Yes, sir.
16 A t -- it's stated in the report as well, that
17 disclosure.
18 Q Fair enough, Doctor, and I thank you for that
19 And certainly, I expect that we will be back here to
20 continue your deposition to question you specifically
21 about the life care plan report. But I would ask that
22 if, after we continue, it changes again, if you'll just
23 advise Ms. Alzate, so she can advise me, and I can
24 decide whether those changes require another deposition
25 setting, okay, sir?
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
www.MILESTONEREPORTING.com
COMPANY
TODAY
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page ll
A Yes, sir.
Q Thank you. Okay.
MR. LEWIS: Okay. So I believe I've already
attached the notice of taking deposition duces
tecum, which was filed November 20, 2023 as
Defendant's Exhibit 1. Am I right, Madam Court
Reporter? You can just nod if you -- okay.
BY MR. LEWIS:
Q So Doctor, it's my understanding that you are
10 going to send us a link, and the court reporter, before
11 we're done here today, will send you her e-mail address
12 And you can provide that information to her because I'm
13 going to attach the entirety of your file and whatever
14 materials you're producing in response to Schedule A as
15 Exhibit 3.
16 MR. LEWIS: Exhibit Number 2, Madam Court
17 Reporter, will be Plaintiff's Disclosure of Expert
18 Witnesses.
19 (EXHIBIT 2 MARKED FOR IDENTIFICATION)
20 (EXHIBIT 3 MARKED FOR IDENTIFICATION)
21 MR. LEWIS: Madam Court Reporter, I will
22 provide you with Exhibits 1, the Notice and Exhibit
23 2, Plaintiff's Disclosure of Expert Witnesses, dated
24 December 11, 2023.
25 BY MR. LEWIS:
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY TODAY
www.MILESTONEREPORTING.com
COMPANY corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 12
Q All right, Doctor, if you will just turn to
Schedule A, I'd just like to ask you -- okay. You're
going to send us a link with the entirety of your file,
which is Number 1, correct?
A That's correct.
Q Okay. And Dr. Bundy, I'm sure you've reviewed
this, so I won't take the time. I want -- I'd like to
be more efficient, and I'll just go through these each
by number. And I'll allow you, certainly, time to read
10 the request, and you can tell me whether or not you're
11 producing documents in response to that request, okay,
12 sir?
13 A Sure.
14 Q Are you producing any materials in response to
15 Number 2 or would that be included as part of Number 1,
16 your entire file?
17 A That would be in the entire file, correct.
18 Q Thank you, sir. Number 3 asked for reports. I
19 take it that the one report I have received, that we've
20 just discussed, with the submission date of January 11,
21 2024, to date, is that the only report you've generated
22 in this case?
23 A There's intake paperwork as well; that will be
24 included, but that will be sent over to you, yes, in
25 that link.
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
www.MILESTONEREPORTING.com
COMPANY
TODAY
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 13
Q So the supporting documentation, including
intake, would be included in response to Number 1, the
entire file that you have for this case, right, sir?
A That's correct, sir.
Q Do you keep hard copies of files in cases that
you -- in cases in which you've been retained as an
expert or is it all digital?
A It's all digital.
Q And does that digital file include your e-mail
10 communications with Plaintiff's Counsel?
11 A I -- I did include it, as requested, yeah.
12 There will be an additional one that I'm going to add
13 because there was some communication on the -- the link.
14 The link provided in this -- in the notice was outdated.
15 And then I got an e-mail this morning. That will be
16 provided in there as well.
17 Q Thank you, sir. And Dr. Bundy, maybe I could
18 -- let me change directions. Maybe this will speed this
19 process up. I know you've been through Schedule A,
20 which has 16 numbered items for request for information,
21 so let me go at it this way. Are there any of those 16
22 requests that you are not producing documents in
23 response to?
24 A In all of the -- the -- the requests, to the
25 best of my ability, I have been in -- in compliance or
II
407.423.9900
MILESTONE
TOMORROW'S
REPORTING
TECHNOLOGY
www.MILESTONEREPORTING.com
COMPANY
TODAY
corporat ORLANDO, FL 32801
JACKSONVILLE, FL 32256
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 14
gathered those to be able to be transmitted, to the best
of my ability.
Q Okay. So if we don't receive documents, that
means you don't have them; is that right?
A That's correct.
Q That's fair enough. Okay. Let me -- all
right. That -- that's helpful. Let me just focus in on
a couple here. Number 11 asks for a list of all cases
in which you've been -- you have been retained to
10 testify in the past five years. Have you produced
11 documents in response to Number 11, sir?
12 A I have a -- a testimony list.
13 Q Okay. And that's testimony --
14 A It's included -- it's -- it's included, yeah,
15 depositions and trials. It's included in the -- in that
16 file that I'll transmit to you.
17 Q Thank you, sir. So that list of deposition
18 and trial testimonies that you're going to produce would
19 identify the cases where you were retained as an expert,
20 right?
21 A Yes. You're correct.
22 Q Okay. And in your business with -- strike
23 that. Let me -- let me
Preview
Filing # 192960812 E-Filed 02/28/2024 04:42:25 PM 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 FILING DEPOSITION TRANSCRIPT OF TIMOTHY BUNDY, D.O., CLCP, ATC COME NOW Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., by and through their undersigned counsel, and files this Notice of Filing the Deposition Transcript of Timothy Bundy, D.O., CLCP, ATC dated January 16, 2024 in the above-referenced matter, for use at trial or any other hearing, deposition on this matter. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 28th 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;vpagan@forthepeople.com, 198 Broadway 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 Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel Alexander Llerena. 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 2 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX IN THE CIRCUIT COURT OF THE ORIGINAL NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2020 CA 002872 AN ASBEL ALEXANDER LLERENA, Plaintiff, 10 11 12 ADRIAN RODRIGUEZ CHAVEZ AND 13 GRANNY'S GARDEN II, INC., 14 Defendants. 15 16 DEPONENT: TIMOTHY BUNDY, D.O., CLCP, ATC 17 DATE: JANUARY 16, 2024 18 REPORTER: LILIANNA CAVANAUGH 19 20 21 22 23 24 25 400 North Ashley Drive, Suite 2600 100 East Pine Street, Suite 308 4651 Salisbury Road, 4* Floor TAMPA, FL 33602 ORLANDO, FL 32801 JACKSONVILLE, FL 32256 CORPORATE 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 2 APPEARANCES ON BEHALF OF THE PLAINTIFF, ASBEL ALEXANDER LLERENA: Melissa Alzate, Esquire Morgan & Morgan, P.A. 198 Broadway Avenue Kissimmee, Florida 34741 Telephone No. (407) 452-6990 E-mail: malzate@forthepeople.com; 10 imerlos@forthepeople.com; 11 anajera@forthepeople.com 12 (Appeared via videoconference) 13 14 ON BEHALF OF THE DEFENDANT, ADRIAN RODRIGUEZ CHAVEZ AND 15 GRANNY'S GARDEN II, INC.: 16 Gary Lewis, Esquire 17 Cole, Scott & Kissane, P.A. 18 1900 Summit Tower Boulevard 19 Suite 400 20 Orlando, Florida 32810 21 Telephone (321) 972-0011 22 E-mail: gary.lewis@csklegal.com 23 (Appeared via videoconference) 24 25 II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY COMPANY TODAY www.MILESTONEREPORTING.com corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 3 INDEX 2 Page 3] PROCEEDINGS 4) DIRECT EXAMINATION BY MR. LEWIS 5 6 EXHIBITS 7) Exhibit Page 8 1 - Notice 9 2 - Patients Disclosure of Expert Witness, 10 December 11, 2023 11 11 3 - Schedule A Files & Documents 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 4 STIPULATION The deposition of Timothy Bundy, D.O., CLCP, ATC was taken at MILESTONE REPORTING COMPANY, 401 EAST JACKSON STREET, SUITE 2370, TAMPA, FLORIDA, 33602, via videoconference in which all participants attended remotely, on TUESDAY the 16TH day of JANUARY 2024 at approximately 10:19 a.m. (ET); said deposition was taken pursuant to the FLORIDA Rules of Civil Procedure. 10 11 It is agreed that LILIANNA CAVANAUGH, being a Notary 12 Public and Court Reporter for the State of FLORIDA, may 13 swear the witness and that the reading and signing of 14 the completed transcript by the witness is not waived. 15 16 17 18 19 20 21 22 23 24 25 II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY COMPANY TODAY www.MILESTONEREPORTING.com corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 5 PROCEEDINGS THE REPORTER: We are now on the record. will all parties, except for the witness, please state your appearance, how you are attending, and your location? MS. ALZATE: Melissa Alzate on behalf of Mr. Llerena, attending virtually in the Morgan & Morgan offices in Osceola County. MR. LEWIS: Gary Lewis on behalf of the 10 defendants, Adrian Rodriguez Chavez and Granny's 11 Garden II, Inc., appearing from my office virtually 12 via Zoom as well. And for the record, Ms. Alzate 13 and I have spoken prior to starting this deposition, 14 and I've first discovered that Mr. -- or Dr. Bundy 15 has generated a report that appears to be 37 pages 16 in length. It was presented to my office yesterday. 17 My office was closed. I have not had an opportunity 18 to review Dr. Bundy's report, so we are going to 19 continue this deposition once I have conducted the 20 initial part and obtained background information and 21 things of that nature, but continue it, so I can 22 have an opportunity to review the report and 23 question Dr. Bundy in detail on that report, if 24 necessary. Are we in agreement, Ms. Alzate? 25 MS. ALZATE: I agree. II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY www.MILESTONEREPORTING.com COMPANY TODAY corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 6 MR. LEWIS: Thank you. Madam Court Reporter, I feel like I interrupted you. Did I? THE REPORTER: No, you did not. MR. LEWIS: Oh, good. Well, I'm happy to be wrong. Okay. DIRECT EXAMINATION BY MR. LEWIS: Doctor, please state your name? Timothy Douglas Bundy. 10 And Dr. Bundy, where is your offices? 11 THE REPORTER: Oh, I apologize, Mr. Lewis. I 12 do have to swear him in. That's -- yeah. 13 MR. LEWIS: Oh. 14 THE REPORTER: That's where -- yeah. Okay. Dr 15 Bundy, do you solemnly swear or affirm that the 16 testimony you're about to give will be the truth, 17 the whole truth, and nothing but the truth? 18 THE WITNESS: I do. Yes. 19 THE REPORTER: You may begin. 20 BY MR. LEWIS: 21 Q Okay. All right. Dr. Bundy, please state 22 your name. We'll start over. 23 A Timothy Douglas Bundy. 24 Q Good morning, Dr. Bundy. My name is Gary 25 Lewis. I've introduced myself earlier this morning as | 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY www.MILESTONEREPORTING.com COMPANY TODAY corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 7 representing the defendants in this case. And it's my understanding that you have been retained by Plaintiff's Counsel, Morgan & Morgan and their attorney, Ms. Melissa Alzate, as an expert in this matter; is that correct? A That's correct. MR. LEWIS: Yes, sir. We have noticed your deposition, the notice of deposition, which I will attach as Defendant's Exhibit 1. (EXHIBIT 1 MARKED FOR IDENTIFICATION) 10 BY MR. LEWIS: 11 Q It's dated November 20, 2023. Dr. Bundy, do 12 you have a copy of the notice of deposition duces tecum? 13 A Yes, I do, sir. 14 Q And have you reviewed that duces tecum in 15 order to comply by producing documents that you have 16 relative to this case and whatever else was requested in 17 that duces tecum? 18 A Yes. 19 Q Thank you, sir. And do you have the ability 20 to send that to the court reporter and myself 21 electronically by e-mail, Dropbox, or whatever other 22 mechanism is available? 23 A Yes. The -- the file is quite large, sol 24 could just send a link to you both, and then you'll be 25 able to get into the -- to the files. II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY www.MILESTONEREPORTING.com COMPANY TODAY corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 8 Q Thank you, sir. That'll be perfect I'm going to reserve questioning you specifically about your life care plan report this morning. I've not had an opportunity to review it, but I would like to go through a couple of background matters. Okay. What kind of doctor are you? A I have board certifications in physical medicine and rehabilitation, pain medicine, and brain injury medicine. 10 Q Okay. And it's my understanding that you have 11 your own entity, which is named National Life Care 12 Planners. Is that your entity? 13 A That is correct. 14 Q Yes, sir. You created that and are the sole 15 proprietor of National Life Care Planners; is that 16 right? 17 A That's correct. 18 Q When did you establish National Life Care 19 Planners? 20 A It was in 2018. 21 Q Okay. And has National Life Care Planners 22 been functioning and operating as a business under your 23 direction and control since 2018 up until today? 24 A Correct. 25 Q Thank you, sir. I'm looking at your website II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY www.MILESTONEREPORTING.com COMPANY TODAY corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 9 here, and it indicates that -- on the homepage it says, Physician Life Care Planning; is that correct? A That's correct. Q Okay. And then under Physician Life Care Planning, you've got Clinician Expert Witness/Certified Life Care Planner/Independent Medical Examiner; is that correct? A That's correct. Q Okay. And if I'm moving to the page titled 10 Services Provided. It indicates that you conduct 11 independent medical examinations; is that right? 12 A That's correct. 13 Q It indicates that you prepare life care plans 14 or it says Physician Life Care Planning. You prepare 15 life care plans; is that right? 16 A Yes, sir. 17 Q And you prepared a life cam -- forgive me, 18 Doctor. I'm a little bit tongue-tied this morning. You 19 prepared a life care plan report for Asbel Llerena, the 20 plaintiff in this matter, that is dated December 29, 21 2023, and it has a submission date of January 11, 2024; 22 is that right, Doctor? 23 A That's correct. 24 Q Okay. So when you have two dates like that, 25 date of report, December 29, 2023, is that when you II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY www.MILESTONEREPORTING.com COMPANY TODAY corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 10 generated the report? A The 2029 is the date of the evaluation. And then additional information was sought. I sent out questionnaires, and then I completed the report in January 11th of 2024. Q So is it fair to say that December 29 is when -- 2023 is when you began the process of generating Mr. Llerena's life care plan report and that you finalized it on the date of submission January 11, 2024? 10 A Yes. 11 Q Thank you, sir. Okay. 12 A I -- I will say, though, I always reserve the 13 right to do addendums or, you know, amendments to it if 14 more information becomes available, o-- 15 Q Yes, sir. 16 A t -- it's stated in the report as well, that 17 disclosure. 18 Q Fair enough, Doctor, and I thank you for that 19 And certainly, I expect that we will be back here to 20 continue your deposition to question you specifically 21 about the life care plan report. But I would ask that 22 if, after we continue, it changes again, if you'll just 23 advise Ms. Alzate, so she can advise me, and I can 24 decide whether those changes require another deposition 25 setting, okay, sir? II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY www.MILESTONEREPORTING.com COMPANY TODAY corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page ll A Yes, sir. Q Thank you. Okay. MR. LEWIS: Okay. So I believe I've already attached the notice of taking deposition duces tecum, which was filed November 20, 2023 as Defendant's Exhibit 1. Am I right, Madam Court Reporter? You can just nod if you -- okay. BY MR. LEWIS: Q So Doctor, it's my understanding that you are 10 going to send us a link, and the court reporter, before 11 we're done here today, will send you her e-mail address 12 And you can provide that information to her because I'm 13 going to attach the entirety of your file and whatever 14 materials you're producing in response to Schedule A as 15 Exhibit 3. 16 MR. LEWIS: Exhibit Number 2, Madam Court 17 Reporter, will be Plaintiff's Disclosure of Expert 18 Witnesses. 19 (EXHIBIT 2 MARKED FOR IDENTIFICATION) 20 (EXHIBIT 3 MARKED FOR IDENTIFICATION) 21 MR. LEWIS: Madam Court Reporter, I will 22 provide you with Exhibits 1, the Notice and Exhibit 23 2, Plaintiff's Disclosure of Expert Witnesses, dated 24 December 11, 2023. 25 BY MR. LEWIS: II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY TODAY www.MILESTONEREPORTING.com COMPANY corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 12 Q All right, Doctor, if you will just turn to Schedule A, I'd just like to ask you -- okay. You're going to send us a link with the entirety of your file, which is Number 1, correct? A That's correct. Q Okay. And Dr. Bundy, I'm sure you've reviewed this, so I won't take the time. I want -- I'd like to be more efficient, and I'll just go through these each by number. And I'll allow you, certainly, time to read 10 the request, and you can tell me whether or not you're 11 producing documents in response to that request, okay, 12 sir? 13 A Sure. 14 Q Are you producing any materials in response to 15 Number 2 or would that be included as part of Number 1, 16 your entire file? 17 A That would be in the entire file, correct. 18 Q Thank you, sir. Number 3 asked for reports. I 19 take it that the one report I have received, that we've 20 just discussed, with the submission date of January 11, 21 2024, to date, is that the only report you've generated 22 in this case? 23 A There's intake paperwork as well; that will be 24 included, but that will be sent over to you, yes, in 25 that link. II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY www.MILESTONEREPORTING.com COMPANY TODAY corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 13 Q So the supporting documentation, including intake, would be included in response to Number 1, the entire file that you have for this case, right, sir? A That's correct, sir. Q Do you keep hard copies of files in cases that you -- in cases in which you've been retained as an expert or is it all digital? A It's all digital. Q And does that digital file include your e-mail 10 communications with Plaintiff's Counsel? 11 A I -- I did include it, as requested, yeah. 12 There will be an additional one that I'm going to add 13 because there was some communication on the -- the link. 14 The link provided in this -- in the notice was outdated. 15 And then I got an e-mail this morning. That will be 16 provided in there as well. 17 Q Thank you, sir. And Dr. Bundy, maybe I could 18 -- let me change directions. Maybe this will speed this 19 process up. I know you've been through Schedule A, 20 which has 16 numbered items for request for information, 21 so let me go at it this way. Are there any of those 16 22 requests that you are not producing documents in 23 response to? 24 A In all of the -- the -- the requests, to the 25 best of my ability, I have been in -- in compliance or II 407.423.9900 MILESTONE TOMORROW'S REPORTING TECHNOLOGY www.MILESTONEREPORTING.com COMPANY TODAY corporat ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301740 Bundy, D.O., CLCP, ATC Timothy 01-16-2024 Page 14 gathered those to be able to be transmitted, to the best of my ability. Q Okay. So if we don't receive documents, that means you don't have them; is that right? A That's correct. Q That's fair enough. Okay. Let me -- all right. That -- that's helpful. Let me just focus in on a couple here. Number 11 asks for a list of all cases in which you've been -- you have been retained to 10 testify in the past five years. Have you produced 11 documents in response to Number 11, sir? 12 A I have a -- a testimony list. 13 Q Okay. And that's testimony -- 14 A It's included -- it's -- it's included, yeah, 15 depositions and trials. It's included in the -- in that 16 file that I'll transmit to you. 17 Q Thank you, sir. So that list of deposition 18 and trial testimonies that you're going to produce would 19 identify the cases where you were retained as an expert, 20 right? 21 A Yes. You're correct. 22 Q Okay. And in your business with -- strike 23 that. Let me -- let me