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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.,
Plaintiff,
v.
ADVANCED IMAGING ASSOCIATES, LLC,
ROBERT D. BURKE, M.D., P.L., ROBERT D.
BURKE, and DIAGNOSTIC ANCILLARY SERVICES, LLC,
Defendants,
G74
v.
WALTER E. WOJCICKI, M.D., PH.D., P.A., WALTER E.
WOJCICKI, M.D., and TERESA MARIA CORTINAS, M.D.
82 5€ Wd 4- 23060
Third-Party Defendants.
/
PLAINTIFF AND THIRD-PARTY DEFENDANTS’
THIRD REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS
Plaintiff, Teresa Maria Cortinas, M.D., P.A., and Third-Party Defendants, Teresa Maria
Cortinas, M.D., Walter E. Wojcicki, M.D., Ph.D., P.A., and Walter E. Wojcicki, M.D., pursuant to
Rule 1.350 of the Florida Rules of Civil Procedure, hereby request that Defendant, Advanced
Imaging Associates, LLC (“AIA”), produce the documents identified below at the office of the
undersigned counsel.
Scope and Procedure
This Request for Production is intended to cover all documents within the possession,
custody, or control of AIA, or any of AIA’s agents, servants, employees, accountants, attorneys,
including but not limited to Robert D. Burke, M.D., Bradley M. Cohen, M.D., and Michael Singer,Esq., or any other persons subject to AIA’s actua! or corstructive custody or control, wherever
located,
Definitions
A. “AIA,” “you,” or “your” shall refer to Advanced Imaging Associates, LLC, as well
as any of AIA’s agents, including but not limited to Robert 3urke, M.D., and Bradley Cohen, M.D.,
attorneys, representatives, and employees, or any other persons acting or purporting to act on behalf
of AIA.
B. The words “and” and “or” shail 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 inciudes the feminine and vice versa.
Cc. The word “including” means including without limitation.
D. The word “communication(s\” shall reean aay 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, telephcne or face-to-face conversations, or meetings.
E. 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.
F. 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.INSTRUCTIONS
1. In the event that any documents are withheld from production on the ground of
privilege or immunity, in accordance with Fla. R. Civ. P. 1.280(b)(5), please prepare and serve a
privilege log that describes “the nature of the documents, communications, or things not produced
or disclosed in a manner that, without revealing information itself privileged or protected, will enable
other parties to assess the applicability of the privilege or protection.” Specifically, the privilege log
should identify the type of document, the general subject matter of the document, the date of the
document, the person(s) who created the document, the intended and actual recipient(s) of the
document (if any), and state the particular ground or grounds for withholding the document.
2. The scope of this request is limited to documents prepared or created between January
1, 2006, through the date of this request unless otherwise stated.
REQUESTS FOR PRODUCTION
1. All documents you used or relied upon to respond to the Second Set of Interrogatories
Directed to AIA.
2. All documents related to the Physicians’ Second Set of Interrogatories Directed to
AIA.CERTIFICATE C* SERVICE
I HEREBY CERTIFY that a true and correc? copy of the foregoing was served via fax 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, Flor¢a 33410 this 7? day of November, 2009.
MCCABE RABIN, P.A.
Attorneys for Plaintiff and Third-Party Defendants
1601 =orum Place, Suite 301
West >2lm Beach, FL 33401
Tel: 561-659-7878
Fax: 551-242-4848
\
By: a Te =
Adam T. Rabin
la. Bar No. 985635
Svan H. Frederick
“lorica Bar No.: 64819
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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., Plaintiff, v. ADVANCED IMAGING ASSOCIATES, LLC, ROBERT D. BURKE, M.D., P.L., ROBERT D. BURKE, and DIAGNOSTIC ANCILLARY SERVICES, LLC, Defendants, G74 v. WALTER E. WOJCICKI, M.D., PH.D., P.A., WALTER E. WOJCICKI, M.D., and TERESA MARIA CORTINAS, M.D. 82 5€ Wd 4- 23060 Third-Party Defendants. / PLAINTIFF AND THIRD-PARTY DEFENDANTS’ THIRD REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS Plaintiff, Teresa Maria Cortinas, M.D., P.A., and Third-Party Defendants, Teresa Maria Cortinas, M.D., Walter E. Wojcicki, M.D., Ph.D., P.A., and Walter E. Wojcicki, M.D., pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby request that Defendant, Advanced Imaging Associates, LLC (“AIA”), produce the documents identified below at the office of the undersigned counsel. Scope and Procedure This Request for Production is intended to cover all documents within the possession, custody, or control of AIA, or any of AIA’s agents, servants, employees, accountants, attorneys, including but not limited to Robert D. Burke, M.D., Bradley M. Cohen, M.D., and Michael Singer,Esq., or any other persons subject to AIA’s actua! or corstructive custody or control, wherever located, Definitions A. “AIA,” “you,” or “your” shall refer to Advanced Imaging Associates, LLC, as well as any of AIA’s agents, including but not limited to Robert 3urke, M.D., and Bradley Cohen, M.D., attorneys, representatives, and employees, or any other persons acting or purporting to act on behalf of AIA. B. The words “and” and “or” shail 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 inciudes the feminine and vice versa. Cc. The word “including” means including without limitation. D. The word “communication(s\” shall reean aay 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, telephcne or face-to-face conversations, or meetings. E. 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. F. 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.INSTRUCTIONS 1. In the event that any documents are withheld from production on the ground of privilege or immunity, in accordance with Fla. R. Civ. P. 1.280(b)(5), please prepare and serve a privilege log that describes “the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection.” Specifically, the privilege log should identify the type of document, the general subject matter of the document, the date of the document, the person(s) who created the document, the intended and actual recipient(s) of the document (if any), and state the particular ground or grounds for withholding the document. 2. The scope of this request is limited to documents prepared or created between January 1, 2006, through the date of this request unless otherwise stated. REQUESTS FOR PRODUCTION 1. All documents you used or relied upon to respond to the Second Set of Interrogatories Directed to AIA. 2. All documents related to the Physicians’ Second Set of Interrogatories Directed to AIA.CERTIFICATE C* SERVICE I HEREBY CERTIFY that a true and correc? copy of the foregoing was served via fax 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, Flor¢a 33410 this 7? day of November, 2009. MCCABE RABIN, P.A. Attorneys for Plaintiff and Third-Party Defendants 1601 =orum Place, Suite 301 West >2lm Beach, FL 33401 Tel: 561-659-7878 Fax: 551-242-4848 \ By: a Te = Adam T. Rabin la. Bar No. 985635 Svan H. Frederick “lorica Bar No.: 64819