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IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT, IN AND FOR PALM BEACH
COUNTY, FLORIDA
CASE NO. 502008CA002138XXXXMB AO
TERESA MARIA CORTINAS, M.D., P.A.,
2
wo
e
Plaintiff, eee
v. tT °
wm 2
ADVANCED IMAGING ASSOCIATES, LLC, oO a
ROBERT D. BURKE, M.D., P.L., ROBERT D. —
BURKE, and DIAGNOSTIC ANCILLARY SERVICES, LLC, ee
Defendants,
v.
WALTER E. WOJCICKI, M.D., PH.D., P.A., WALTER E.
WOICICKI, M.D., and TERESA MARIA CORTINAS, M.D.
Third-Party Defendants.
/
NOTICE OF PRODUCTION FROM NON-PARTY
YOU ARE NOTIFIED that, after ten (10) days from the date of service of this notice, if
service is by delivery, or fifteen (15) days from the date of service, if service is by mail, and no
objection is received from any party, the undersigned will issue or apply to the clerk of this Court
for issuance of the attached subpoena directed to the Records Custodian of Beasley Hauser Kramer
Leonard & Galardi, P.A., who is not a party, and whose address is 505 South Flagler Drive, Suite
1500, West Palm Beach, Florida 33401, to produce the items listed at the time and place specified
in the subpoena.CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing was served via facsimile
and U.S. Mail to David W. Spicer, Esquire, Law Office of David W. Spicer, P.A., 11000 Prosperity
Farms Road, Suite 104, Palm Beach Gardens, Florida 33410 this ar oe of July, 2009.
McCABE RABIN, P.A.
Attorneys for Plaintiff and Third-Party Defendants
1601 Forum Place, Suite 301
West Palm Beach, FL 33401
Tel: 561-659-7878
Fax: 561-242-4848
By: L4—
Adam T, Rabin
Fla. Bar No. 985635
Evan Frederick
Fla. Bar No.: 064819IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT, IN AND FOR PALM BEACH
COUNTY, FLORIDA
CASE NO. 502008CA002138XXXXMB AO
TERESA MARIA CORTINAS, M.D., P.A.,
Plaintiff,
ve
ADVANCED IMAGING ASSOCIATES, LLC,
ROBERT D. BURKE, M.D., P.L., ROBERT D.
BURKE, and DIAGNOSTIC ANCILLARY SERVICES, LLC,
Defendants,
v.
WALTER E. WOICICKI, M.D., PH.D., P.A., WALTER E.
WOICICKI, M.D., and TERESA MARIA CORTINAS, M.D.
Third-Party Defendants.
SUBPOENA DUCES TECUM FOR DEPOSITION OR RECORDS
THE STATE OF FLORIDA:
TO: Beasley Hauser Kramer Leonard & Galardi, P.A.
505 South Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
YOU ARE COMMANDED to appear at McCabe Rabin, P.A., 1601 Forum Place, Suite 301,
West Palm Beach, Florida, 33401, on August 26, 2009, at 1:00 p.m., for the taking of your
deposition and to have with you at that time and place the following:
All documents listed in the attached Exhibit A.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items.
Alternatively, you may comply with this subpoena by providing legible copies of the itemsto be produced to the attorney whose name appears on this subpoena on or before the scheduled date
of production. You may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. If you timely mail or deliver the copies to the attorney whose name
appears on this subpoena, then you will thereby eliminate the need for your appearance at the time
and place specified above.
You have the right to object to the production pursuant to this subpoena at any time before
production by giving written notice to the attorney whose name appears on the subpoena.
If you fail to: (1) 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 attorney, and unless excused from this subpoena by this
attorney or the court, you shall respond to this subpoena as directed.
DATED this %\_ day of July, 2009.
McCABE RABIN, P.A.
Attorneys for Plaintiff and Third-Party Defendants
1601 Forum Place, Suite 301
West Palm Beach, FL 33401
Tel: 561-659-7878
Fax: 561-242-4848
By: <4~—
Adam T. Rabin
Fla. Bar No. 985635
Evan Frederick
Fla. Bar No.: 064819EXHIBIT A
I. Definitions and Instructions
A. “You” or “your” means Beasley Hauser Kramer Leonard & Galardi, P.A., and all
persons acting or purporting to act on its behalf, including but not limited to its officers, directors,
shareholders, employees, contractors, parents, subsidiaries, related companies, and predecessors or
successors in interest, together with any agents and other representatives, including, without
limitation, attorneys, accountants, investigators, experts, and advisors.
B. “Burke” shall refer to Robert D. Burke, M.D., as well as Robert D. Burke, M.D., P.L.,
Midtown Imaging, P.A., and any of Burke’s agents, attorneys, representatives, employees, or any
other persons acting or purporting to act on behalf of Burke.
Cc. “AIA” shall refer to Advanced Imaging Associates, LLC, Neuro-Imaging Associates,
LLC, any radiology practice owned in whole or part by Burke, and as well as any of AIA’s agents,
attorneys, representatives, employees, or any other persons acting or purporting to act on behalf of
AIA.
Dz. “Midtown” shall refer to Midtown Imaging, LLC, Kevin Johnson, Douglas
Badertscher, as well as any of Midtown’s agents, attorneys, representatives, employees, or any other
persons acting or purporting to act on behalf of Midtown.
E. “Palm Beach Capital” shall refer to Palm Beach Capital Partners, LLC, Nate Ward,
Richard Schlanger, Burke Ross, as well as any of Palm Beach Capital’s affiliates, subsidiaries,
parents, agents, attorneys, representatives, employees, or any other persons acting or purporting to
act on behalf of Palm Beach Capital.
F, The words “and” and “or” shall be construed both conjunctively and disjunctively so
as to make each request inclusive rather than exclusive. The singular form of any word includes the
plural and vice versa; and the masculine includes the feminine and vice versa.
G. The word “including” means including without limitation.
H. The word “communication(s)” shall mean any oral or written statement or exchange
of information of any type between two or more persons, including but not limited to documents,
electronic or other computer generated mail, telephone or face-to-face conversations, or meetings.
lL The term “document” shall mean originals, drafts, and non-identical copies of any
writing or other tangible thing or data compilation ~ whether printed, typed, reproduced by any
process, written or produced by hand, including any graphic matter however produced or reproduced,
or produced by any mechanical means — either presently maintained in paper form or in electronic,
magnetic, chemical, mechanical, or other form of data storage capable of being transformed into,written or oral matter, including, but not limited to, letters, e-mails, affidavits, filings, inventory data,
reports, agreements, communications, correspondence, permits, licenses, regulatory filings, financial
records, accounting records, contracts, letter agreements, telegrams, mailgrams, memoranda,
summaries and/or records of personal or telephone conversations, diaries, calendars, photographs,
tape recordings, facsimiles, models, statistical statements, maps, graphs, charts, plans, drawings,
minutes or records of conferences, reports and/or summaries of interviews, conversations, summaries
of investigations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts
of any documents, purchase orders, invoices, receipts, original or preliminary notes, films, videos,
microfiche, microfilm, punch cards, slides, pictures, laboratory results, magnetic tapes or any other
matter which is capable of being read, heard, or seen with or without mechanical or electronic
assistance.
J. The phrase “relate to” or “relating to” shall mean refer to, reflect, contain, allude to,
respond to, comment upon, discuss, show, disclose, explain, mention, analyze, constitute, comprise,
evidence, set forth, summarize, support, refute, or characterize, either directly or indirectly, in whole
or in part.
K. “Person” and “persons” include natural persons, corporations, partnerships, political
subdivision or any other entity.
L. The time frame for these requests is 2003 through 2005, unless otherwise stated
herein.IL.
Documents Requested
All documents showing communications relating to how income for professional reads was
expected to be divided between AIA and Midtown.
All documents showing how income for reads that AIA performed for outside physicians
would be divided between Midtown and AIA.
All documents showing communications from Burke to Palm Beach Capital where he
demanded or requested that Midtown increase its compensation to AIA between 2003 and
2007.
All documents showing any settlements of a lawsuit or threatened lawsuit between Burke and
Palm Beach Capital.
All documents showing any communications about any lawsuit, or threat of a lawsuit,
between Burke and Palm Beach Capital.
Any documents prepared by Burke that represented to Palm Beach Capital how outside read
revenues would be divided between Midtown and AIA.
All communications between You and Burke.
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA002138XXXXMB AO TERESA MARIA CORTINAS, M.D., P.A., 2 wo e Plaintiff, eee v. tT ° wm 2 ADVANCED IMAGING ASSOCIATES, LLC, oO a ROBERT D. BURKE, M.D., P.L., ROBERT D. — BURKE, and DIAGNOSTIC ANCILLARY SERVICES, LLC, ee Defendants, v. WALTER E. WOJCICKI, M.D., PH.D., P.A., WALTER E. WOICICKI, M.D., and TERESA MARIA CORTINAS, M.D. Third-Party Defendants. / NOTICE OF PRODUCTION FROM NON-PARTY YOU ARE NOTIFIED that, after ten (10) days from the date of service of this notice, if service is by delivery, or fifteen (15) days from the date of service, if service is by mail, and no objection is received from any party, the undersigned will issue or apply to the clerk of this Court for issuance of the attached subpoena directed to the Records Custodian of Beasley Hauser Kramer Leonard & Galardi, P.A., who is not a party, and whose address is 505 South Flagler Drive, Suite 1500, West Palm Beach, Florida 33401, to produce the items listed at the time and place specified in the subpoena.CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing was served via facsimile and U.S. Mail to David W. Spicer, Esquire, Law Office of David W. Spicer, P.A., 11000 Prosperity Farms Road, Suite 104, Palm Beach Gardens, Florida 33410 this ar oe of July, 2009. McCABE RABIN, P.A. Attorneys for Plaintiff and Third-Party Defendants 1601 Forum Place, Suite 301 West Palm Beach, FL 33401 Tel: 561-659-7878 Fax: 561-242-4848 By: L4— Adam T, Rabin Fla. Bar No. 985635 Evan Frederick Fla. Bar No.: 064819IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA002138XXXXMB AO TERESA MARIA CORTINAS, M.D., P.A., Plaintiff, ve ADVANCED IMAGING ASSOCIATES, LLC, ROBERT D. BURKE, M.D., P.L., ROBERT D. BURKE, and DIAGNOSTIC ANCILLARY SERVICES, LLC, Defendants, v. WALTER E. WOICICKI, M.D., PH.D., P.A., WALTER E. WOICICKI, M.D., and TERESA MARIA CORTINAS, M.D. Third-Party Defendants. SUBPOENA DUCES TECUM FOR DEPOSITION OR RECORDS THE STATE OF FLORIDA: TO: Beasley Hauser Kramer Leonard & Galardi, P.A. 505 South Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 YOU ARE COMMANDED to appear at McCabe Rabin, P.A., 1601 Forum Place, Suite 301, West Palm Beach, Florida, 33401, on August 26, 2009, at 1:00 p.m., for the taking of your deposition and to have with you at that time and place the following: All documents listed in the attached Exhibit A. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. Alternatively, you may comply with this subpoena by providing legible copies of the itemsto be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. If you timely mail or deliver the copies to the attorney whose name appears on this subpoena, then you will thereby eliminate the need for your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on the subpoena. If you fail to: (1) 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 attorney, and unless excused from this subpoena by this attorney or the court, you shall respond to this subpoena as directed. DATED this %\_ day of July, 2009. McCABE RABIN, P.A. Attorneys for Plaintiff and Third-Party Defendants 1601 Forum Place, Suite 301 West Palm Beach, FL 33401 Tel: 561-659-7878 Fax: 561-242-4848 By: <4~— Adam T. Rabin Fla. Bar No. 985635 Evan Frederick Fla. Bar No.: 064819EXHIBIT A I. Definitions and Instructions A. “You” or “your” means Beasley Hauser Kramer Leonard & Galardi, P.A., and all persons acting or purporting to act on its behalf, including but not limited to its officers, directors, shareholders, employees, contractors, parents, subsidiaries, related companies, and predecessors or successors in interest, together with any agents and other representatives, including, without limitation, attorneys, accountants, investigators, experts, and advisors. B. “Burke” shall refer to Robert D. Burke, M.D., as well as Robert D. Burke, M.D., P.L., Midtown Imaging, P.A., and any of Burke’s agents, attorneys, representatives, employees, or any other persons acting or purporting to act on behalf of Burke. Cc. “AIA” shall refer to Advanced Imaging Associates, LLC, Neuro-Imaging Associates, LLC, any radiology practice owned in whole or part by Burke, and as well as any of AIA’s agents, attorneys, representatives, employees, or any other persons acting or purporting to act on behalf of AIA. Dz. “Midtown” shall refer to Midtown Imaging, LLC, Kevin Johnson, Douglas Badertscher, as well as any of Midtown’s agents, attorneys, representatives, employees, or any other persons acting or purporting to act on behalf of Midtown. E. “Palm Beach Capital” shall refer to Palm Beach Capital Partners, LLC, Nate Ward, Richard Schlanger, Burke Ross, as well as any of Palm Beach Capital’s affiliates, subsidiaries, parents, agents, attorneys, representatives, employees, or any other persons acting or purporting to act on behalf of Palm Beach Capital. F, The words “and” and “or” shall be construed both conjunctively and disjunctively so as to make each request inclusive rather than exclusive. The singular form of any word includes the plural and vice versa; and the masculine includes the feminine and vice versa. G. The word “including” means including without limitation. H. The word “communication(s)” shall mean any oral or written statement or exchange of information of any type between two or more persons, including but not limited to documents, electronic or other computer generated mail, telephone or face-to-face conversations, or meetings. lL The term “document” shall mean originals, drafts, and non-identical copies of any writing or other tangible thing or data compilation ~ whether printed, typed, reproduced by any process, written or produced by hand, including any graphic matter however produced or reproduced, or produced by any mechanical means — either presently maintained in paper form or in electronic, magnetic, chemical, mechanical, or other form of data storage capable of being transformed into,written or oral matter, including, but not limited to, letters, e-mails, affidavits, filings, inventory data, reports, agreements, communications, correspondence, permits, licenses, regulatory filings, financial records, accounting records, contracts, letter agreements, telegrams, mailgrams, memoranda, summaries and/or records of personal or telephone conversations, diaries, calendars, photographs, tape recordings, facsimiles, models, statistical statements, maps, graphs, charts, plans, drawings, minutes or records of conferences, reports and/or summaries of interviews, conversations, summaries of investigations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts of any documents, purchase orders, invoices, receipts, original or preliminary notes, films, videos, microfiche, microfilm, punch cards, slides, pictures, laboratory results, magnetic tapes or any other matter which is capable of being read, heard, or seen with or without mechanical or electronic assistance. J. The phrase “relate to” or “relating to” shall mean refer to, reflect, contain, allude to, respond to, comment upon, discuss, show, disclose, explain, mention, analyze, constitute, comprise, evidence, set forth, summarize, support, refute, or characterize, either directly or indirectly, in whole or in part. K. “Person” and “persons” include natural persons, corporations, partnerships, political subdivision or any other entity. L. The time frame for these requests is 2003 through 2005, unless otherwise stated herein.IL. Documents Requested All documents showing communications relating to how income for professional reads was expected to be divided between AIA and Midtown. All documents showing how income for reads that AIA performed for outside physicians would be divided between Midtown and AIA. All documents showing communications from Burke to Palm Beach Capital where he demanded or requested that Midtown increase its compensation to AIA between 2003 and 2007. All documents showing any settlements of a lawsuit or threatened lawsuit between Burke and Palm Beach Capital. All documents showing any communications about any lawsuit, or threat of a lawsuit, between Burke and Palm Beach Capital. Any documents prepared by Burke that represented to Palm Beach Capital how outside read revenues would be divided between Midtown and AIA. All communications between You and Burke.