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IN THE CIRCUIT COURT, IN THE FIFTEENTH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
SUSAN TOMLINSON Case No.: 502008CA020728XXXXMB AE
Plaintiff,
v.
?
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY and DWAIN
MEEKS,
Defendants.
/
DEFENDANT’S MOTION IN LIMINE PRECLUDING’ 0 Ed
10
Boca Pain
Q
they render any type of treatment?
A
Q
>
Q
A
prescribed Xanax for me to sleep.
2
I don't know.
Where was it located?
In Boca.
Could you give me a landmark, cross streets?
I don't -- I know I got off at Glades Road and
first right by -- by where Whole Foods is. I
Did you submit it to your health insurance?
No.
Did you sign a letter of protection?
No.
Did you pay out of your pocket?
I paid out of my pocket, yeah.
Do you have records or receipts at home?
Not that I know of. I think it was called
Management, something like that.
Other than prescribing medication to you, did
No. That's why I stopped going.
And you took your MRI films --
Yes --
-- with you --
-- I had to the first time. They also
Where have you gotten prescriptions filled?
www.uslegalsupport.com10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
61
Q What is Furry Friends?
A I never heard of Furry Friends. If you're
referring to Furry Creations.
Q I may well be. What is Furry Creations?
A It was a little business that a friend and I
decided to start up that lasted maybe three months.
Q And it's demise was owing to what?
A I'm sorry?
Q It only lasted for three months because no
market for it? You couldn't do it?
A No. There was no market for it.
Q Do you have to be licensed to be a physician's
consultant?
A No.
Q Have you refinanced your house at any point
since our last deposition?
A No.
Q How did you seize upon Boca Pain Management?
Why did you choose Boca Pain Management to
go see?
A I -- no reason that I picked it. I just went
trying to get some help, so I didn't have to have
surgery.
Q You had seen or been seen by a Robert J.
Friedman in the past. You were not happy with his
www.uslegalsupport.com15th Judicial Circuit Court, _ Civil Division - PALM BEACH COUNTY
SUSAN TOMLINSON ) Case No.: 61202
)
)
Plaintiff }
v 7 ) 7
STATE FARM MUTUAL AUTOMOBILE INSURANCE ) ATTY:
COMPANY and DWAIN MEEKS \ _) Rebecea Brock, Esq., KUBICKI DRAPER, P.A.
) 1645 Palm Beach Lakes Blvd. Suite 1100
Defendant(s) ) West Palm Beach, FL 33401
AFFIDAVIT OF NON-SERVICE
Received by S & S Legal Services on September 29, 2011 a Subpoena Duces Tecum Without Deposition to
be served on Boca Pain Management at 6699 North Federal Highway, Boca Raton, Florida 33431.
That on October 11, 2011 at 1:25 PM I, Gladstone Scudder, served a true copy of this Subpoena Duces
Tecum Without Deposition with the date and hour of service endorsed thereon by me, to the , and informed
said person of the coritents thereof.
COMMENTS: Rush Subpoena to RC: Boca Pain Management no longer in business.
I, Gladstone Scudder, being duly sworn, deposes and says deponent is not a party to this action and is over
the age of eighteen years and resides in the state of Florida,
I declare under penalties of perjury that the information contained herein is correct to the best of my
knowledge.
me Scudder, Lic. #1876
7 and swom to before me, a notary public, on this 24th day of October, 2011.
red
lotary Public My Commission Expires:
ID: 11-001712 Client Reference: 61202
S&S Legal Services * 6588 Hypoluxo Road, #312, Lake Worth, Florida 33467 + (561) 351-3310
EXHIBITro?
ye
oe
joe tt
as
61202
: INTHE CIRCUIT COURT, IN THE FIFTEENTH
JUDICIAL CIRCUIT, IN AND FOR PALM BEACH
COUNTY, FLORIDA
SUSAN TOMLINSON Case No.: 502008CA020728XXXXMB AE
ve
Plaintiff,
STATE FARM MUTUAL AUTOMOBILE
ers COMPANY and DWAIN R U. Ss H !
Defendants,
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
STATE OF FLORIDA:
TO:
Records Custodian:
Boca Pain Management
9 North Federal Highway
oca Raton, Florida 33431
ot
OU ARE HEREBY COMMANDED to appear at the Law Offices of KUBICKI DRAPER, Suite 1100,
5 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401, on or before November 9, 2011 at
rere a.m. in the above styled cause and to have with you at said time and place the following:
ALLDOCUMENTS REFLECTING OR OTHERWISE DOCUMENTING ANY AND ALL MEDICAL
TREATMENT RENDERED TO AND RECEIVED BY PLAINTIFF: SUSAN TOMLINSON, Birth
Date: 1/27/60, Social Security No.: EE INCLUDING, BUT NOT LIMITED TO THE
FOLLOWING: .
L
2
ye &
10.
com
12,
All medical records, office notes, doctors' and nurses' notes, and all other data pertaining to the
diagnosis, treatment, and care of the above patient, rendered by the above physician and/or facility;
All medical records, office notes, doctors’ and nurses’ notes, and all.other data pertaining to the
diagnosis, treatment, and care of the above patient, rendered by any other health care providers that
are in the possession of the above physician and/or facility;
All reports rendered by the witness to any party concerning the diagnosis, care and treatment of the
above patient;
All reports or correspondence prepared for attorneys by the above physician and/or facility, and all
correspondence received by the above physician and/or facility;
All patient information forms or questionnaires, or any other information provided by the above
patient;
Any bills for services rendered by the above physician and/or facility pertaining to the diagnosis,
treatment and care of the above patient;
Any statements indicating the total amount of the bill that has been paid and by whom;
Any and all x-rays taken of the above patient by the above physician and/or facility or by any other
health care providers that are in the possession of the above physician and/or facility;
Every written piece of paper included within the above patient's chart, including a copy of any
notations on the file jacket;
Any MRI reports and/or studies performed;
A copy of the curriculum vitae of the above physician;
All records requested should be inclusive and should in no way be limited to oneincident. .
IMPORTANT: ANY AND ALL DOCUMENTS AND INFORMATION PROVIDED
TO REBECCA BROCK, ESQUIRE, PURSUANT TO THIS SUBPOENA MUST ALSO BE
SENT DIRECTLY TO: GARY T. ISCOE, ESQUIRE, 1645 PALM BEACH LAKES BLVD.,
9™ FLOOR, WEST PALM BEACH, FLORIDA 33401.
If you fail to:
(a) Appear as specified; or
(2) Furnish the records instead of appearing as provided above; or
(3) Object to this subpoena,
you may be in contempt of Court. You are subpoenaed to appear by the following attorneys, and unless
excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed.
‘HIPAA DISCLOSURE
I HEREBY CERTIFY that written notice has been provided to the attorney representing the individual whose
documents are sought, that the notice included sufficient information about the litigation or proceeding to
DATED ON: October'10, 2011 By:
For the cart
** RECORDS MAY BE MAILED IN
* LIEU OF DEPOSITION TO **
KUBICKI DRAPER
Attorneys for Defendant
Sabadell United Bank Building, #1100
1645 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
Telephone: (561) 61624346
Facsimile: (561) 640" 1524
By: Rebecca Brock
Florida Bar No.: 0148687
In accordance with the Americans with Disabilities Act, persons in need of a special accommodation to participate in this
proceeding shall, within a reasonable time prior to any proceeding, contact the Administrative Office of the Court, 205 North
Dixie Highway, West Palm Beach, FL 33401, telephone (561) 355-2431, 1-800-955-8771 (TDD) or 1-800-955-8770 (V), via
Florida Relay System.
dajpre’ ako ki fet avek Americans with Disability Act, tout moun ki ginyin yun bezwen espesiyal pou akomodasiyon pou yo
patispipe nan pwogram sa-s dwe, nan yun tan rezonab aven ninpot aranjman kapeb fet, yo dwe kontakte Administrative Office
of the Court, ki nan nimer 205 North Dixie Highway, West Palm Beach, FL 33401, telefon nan se 561-355-2431 oubyen 1-800-
955-9771 (TDD) oubyen 1-800-995-8770 (V) an pasan pa Florida Relay Service.
Enaccordance avecla Loides "American with Disabilities". Les personnes en besoin d'une accomodation speciale pour paticiper
a ces procedures doivent, dans un temps raisonable, avant d' entreprendre aucune autre demarche, contacter 1'office
administrative de la Court situe au 205 North Dixie Highway, West Palm Beach, FL 33401 le telephone (561)- 355-2431 ou 1-
800-955-8771 (TDD) ou 1-800-955-8770 (V) via Florida Relay System.
Deacuerdocon el Actoo’ Decrete de los Americanos con Impedimentos Inhabilitados, personas en necesidad del servicio especial
para participar en este procedimiento deberan, dentro de un tiempo razonable, ante de cualquier procedimiento, ponerse en
contacto con la oficina Administrativa de le Corte, 205 North Dixie Highway, West Palm Beach, FL 33401, telefono (561) 355-
2431, 1-800-955-8771 (TDD) 0’ 1-800-955-8770 (V), via Florida Relay Service.
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IN THE CIRCUIT COURT, IN THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA SUSAN TOMLINSON Case No.: 502008CA020728XXXXMB AE Plaintiff, v. ? STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and DWAIN MEEKS, Defendants. / DEFENDANT’S MOTION IN LIMINE PRECLUDING’ 0 Ed 10 Boca Pain Q they render any type of treatment? A Q > Q A prescribed Xanax for me to sleep. 2 I don't know. Where was it located? In Boca. Could you give me a landmark, cross streets? I don't -- I know I got off at Glades Road and first right by -- by where Whole Foods is. I Did you submit it to your health insurance? No. Did you sign a letter of protection? No. Did you pay out of your pocket? I paid out of my pocket, yeah. Do you have records or receipts at home? Not that I know of. I think it was called Management, something like that. Other than prescribing medication to you, did No. That's why I stopped going. And you took your MRI films -- Yes -- -- with you -- -- I had to the first time. They also Where have you gotten prescriptions filled? www.uslegalsupport.com10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 Q What is Furry Friends? A I never heard of Furry Friends. If you're referring to Furry Creations. Q I may well be. What is Furry Creations? A It was a little business that a friend and I decided to start up that lasted maybe three months. Q And it's demise was owing to what? A I'm sorry? Q It only lasted for three months because no market for it? You couldn't do it? A No. There was no market for it. Q Do you have to be licensed to be a physician's consultant? A No. Q Have you refinanced your house at any point since our last deposition? A No. Q How did you seize upon Boca Pain Management? Why did you choose Boca Pain Management to go see? A I -- no reason that I picked it. I just went trying to get some help, so I didn't have to have surgery. Q You had seen or been seen by a Robert J. Friedman in the past. You were not happy with his www.uslegalsupport.com15th Judicial Circuit Court, _ Civil Division - PALM BEACH COUNTY SUSAN TOMLINSON ) Case No.: 61202 ) ) Plaintiff } v 7 ) 7 STATE FARM MUTUAL AUTOMOBILE INSURANCE ) ATTY: COMPANY and DWAIN MEEKS \ _) Rebecea Brock, Esq., KUBICKI DRAPER, P.A. ) 1645 Palm Beach Lakes Blvd. Suite 1100 Defendant(s) ) West Palm Beach, FL 33401 AFFIDAVIT OF NON-SERVICE Received by S & S Legal Services on September 29, 2011 a Subpoena Duces Tecum Without Deposition to be served on Boca Pain Management at 6699 North Federal Highway, Boca Raton, Florida 33431. That on October 11, 2011 at 1:25 PM I, Gladstone Scudder, served a true copy of this Subpoena Duces Tecum Without Deposition with the date and hour of service endorsed thereon by me, to the , and informed said person of the coritents thereof. COMMENTS: Rush Subpoena to RC: Boca Pain Management no longer in business. I, Gladstone Scudder, being duly sworn, deposes and says deponent is not a party to this action and is over the age of eighteen years and resides in the state of Florida, I declare under penalties of perjury that the information contained herein is correct to the best of my knowledge. me Scudder, Lic. #1876 7 and swom to before me, a notary public, on this 24th day of October, 2011. red lotary Public My Commission Expires: ID: 11-001712 Client Reference: 61202 S&S Legal Services * 6588 Hypoluxo Road, #312, Lake Worth, Florida 33467 + (561) 351-3310 EXHIBITro? ye oe joe tt as 61202 : INTHE CIRCUIT COURT, IN THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA SUSAN TOMLINSON Case No.: 502008CA020728XXXXMB AE ve Plaintiff, STATE FARM MUTUAL AUTOMOBILE ers COMPANY and DWAIN R U. Ss H ! Defendants, SUBPOENA DUCES TECUM WITHOUT DEPOSITION STATE OF FLORIDA: TO: Records Custodian: Boca Pain Management 9 North Federal Highway oca Raton, Florida 33431 ot OU ARE HEREBY COMMANDED to appear at the Law Offices of KUBICKI DRAPER, Suite 1100, 5 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401, on or before November 9, 2011 at rere a.m. in the above styled cause and to have with you at said time and place the following: ALLDOCUMENTS REFLECTING OR OTHERWISE DOCUMENTING ANY AND ALL MEDICAL TREATMENT RENDERED TO AND RECEIVED BY PLAINTIFF: SUSAN TOMLINSON, Birth Date: 1/27/60, Social Security No.: EE INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: . L 2 ye & 10. com 12, All medical records, office notes, doctors' and nurses' notes, and all other data pertaining to the diagnosis, treatment, and care of the above patient, rendered by the above physician and/or facility; All medical records, office notes, doctors’ and nurses’ notes, and all.other data pertaining to the diagnosis, treatment, and care of the above patient, rendered by any other health care providers that are in the possession of the above physician and/or facility; All reports rendered by the witness to any party concerning the diagnosis, care and treatment of the above patient; All reports or correspondence prepared for attorneys by the above physician and/or facility, and all correspondence received by the above physician and/or facility; All patient information forms or questionnaires, or any other information provided by the above patient; Any bills for services rendered by the above physician and/or facility pertaining to the diagnosis, treatment and care of the above patient; Any statements indicating the total amount of the bill that has been paid and by whom; Any and all x-rays taken of the above patient by the above physician and/or facility or by any other health care providers that are in the possession of the above physician and/or facility; Every written piece of paper included within the above patient's chart, including a copy of any notations on the file jacket; Any MRI reports and/or studies performed; A copy of the curriculum vitae of the above physician; All records requested should be inclusive and should in no way be limited to oneincident. . IMPORTANT: ANY AND ALL DOCUMENTS AND INFORMATION PROVIDED TO REBECCA BROCK, ESQUIRE, PURSUANT TO THIS SUBPOENA MUST ALSO BE SENT DIRECTLY TO: GARY T. ISCOE, ESQUIRE, 1645 PALM BEACH LAKES BLVD., 9™ FLOOR, WEST PALM BEACH, FLORIDA 33401. If you fail to: (a) Appear as specified; or (2) Furnish the records instead of appearing as provided above; or (3) Object to this subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. ‘HIPAA DISCLOSURE I HEREBY CERTIFY that written notice has been provided to the attorney representing the individual whose documents are sought, that the notice included sufficient information about the litigation or proceeding to DATED ON: October'10, 2011 By: For the cart ** RECORDS MAY BE MAILED IN * LIEU OF DEPOSITION TO ** KUBICKI DRAPER Attorneys for Defendant Sabadell United Bank Building, #1100 1645 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401 Telephone: (561) 61624346 Facsimile: (561) 640" 1524 By: Rebecca Brock Florida Bar No.: 0148687 In accordance with the Americans with Disabilities Act, persons in need of a special accommodation to participate in this proceeding shall, within a reasonable time prior to any proceeding, contact the Administrative Office of the Court, 205 North Dixie Highway, West Palm Beach, FL 33401, telephone (561) 355-2431, 1-800-955-8771 (TDD) or 1-800-955-8770 (V), via Florida Relay System. dajpre’ ako ki fet avek Americans with Disability Act, tout moun ki ginyin yun bezwen espesiyal pou akomodasiyon pou yo patispipe nan pwogram sa-s dwe, nan yun tan rezonab aven ninpot aranjman kapeb fet, yo dwe kontakte Administrative Office of the Court, ki nan nimer 205 North Dixie Highway, West Palm Beach, FL 33401, telefon nan se 561-355-2431 oubyen 1-800- 955-9771 (TDD) oubyen 1-800-995-8770 (V) an pasan pa Florida Relay Service. Enaccordance avecla Loides "American with Disabilities". Les personnes en besoin d'une accomodation speciale pour paticiper a ces procedures doivent, dans un temps raisonable, avant d' entreprendre aucune autre demarche, contacter 1'office administrative de la Court situe au 205 North Dixie Highway, West Palm Beach, FL 33401 le telephone (561)- 355-2431 ou 1- 800-955-8771 (TDD) ou 1-800-955-8770 (V) via Florida Relay System. Deacuerdocon el Actoo’ Decrete de los Americanos con Impedimentos Inhabilitados, personas en necesidad del servicio especial para participar en este procedimiento deberan, dentro de un tiempo razonable, ante de cualquier procedimiento, ponerse en contacto con la oficina Administrativa de le Corte, 205 North Dixie Highway, West Palm Beach, FL 33401, telefono (561) 355- 2431, 1-800-955-8771 (TDD) 0’ 1-800-955-8770 (V), via Florida Relay Service.