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Filing # 86266197 E-Filed 03/12/2019 03:25:22 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
YUDEIKY GOTERA,
Plaintiff,
v. CASE NO. 2017-CA-002188
CHRISTOPHER H. BURT,
Defendant.
i
DEFENDANT’S NOTICE OF PRODUCTION FROM NON-PARTY
YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service
hereof, if service is by delivery, or fifteen (15) days from the date of service, if service is
by mail, if no objection is received from any party, the undersigned will issue or apply to
the Clerk of this court for issuance of the attached Subpoenas directed to the following
non-parties, to produce the items listed at the time and place specified in the Subpoena.
1. James Manzanares, MD
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that | electronically filed the foregoing with the Clerk of Court using
the E-Filing Portal System which will send a notice of electronic filing to the following:
Adrian Medina, Esq.
Mark A. Salameh, Esq.
The Salameh Law Group, P.A.
4091 Colonial Blvd., Suite 200
Fort Myers, FL 33966
Tel: 239-277-0092
adrian@thesalamehlawgroup.com
mark@thesalamehlawgroup.com
Attorneys for Plaintiff
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 03/12/2019 04:29:42 PMthis _\I\“Gay of March, 2019.
HENDERSON, FRANKLIN, STARNES & HOLT, P.A.
Attorneys for Defendant
Post Office Box 280
1715 Monroe Street
Fort Myers, FL 33902-0280
239.344.1263
By: lof “Peace 7. Wee
Traci McKee
Florida Bar No, 0053088
traciimckee@henlaw.com
tracey.salerno@henlaw.comIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
YUDEIKY GOTERA,
Plaintiff,
v. CASE NO. 2017-CA-002188
CHRISTOPHER H. BURT,
Defendant.
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA, TO:
Medical Records Custodian
James Manzanares, MD
3501 Health Center Blvd, #2430
Bonita Springs, FL 34135
YOU ARE COMMANDED to appear at the law offices of Henderson, Franklin, Starnes & Holt,
P.A., 1715 Monroe Street, Fort Myers, Florida 33901, within 10 days from the date of service hereof, and
to have with you at that time and place the following: any and all medical and hospital bills, records or
reports, office notes/records, nurse's notes, appointment cards, x-ray reports, x-ray films, clinical reports,
questionnaire or patient information forms, to include, but not limited to all intake documents,
questionnaires, ledgers, invoices, billing records, billing statements showing total amount of bill paid and
by whom, correspondence, reports or correspondence prepared for attorneys by witness or received from
attorneys, every written piece of paper included within the patient's chart, including a copy of any
notations on the file jacket, etc. and all other tangible items pertaining to the diagnosis, care, treatment
and/or examination by the witness, or any other health provider that are in the possession of the witness,
regarding patient YUDEIKY GOTERA. All records should be all inclusive of any care and treatment ever
provided, and should in no way be limited to one incident.
PLEASE NOTE THAT FLORIDA ADMINISTRATIVE CODE, CHAPTER 64B8-10.003 STATES:
“Reasonable costs of copies shall not exceed $1.00 per page for the first 25 pages and $.25 for
each page thereafter." $1.00 per page can be charged for all hospital records. There is no
provision for "document retrieval" fees in excess of the per page copying charge. Please bill our
firm for these records accordingly. If the cost of reproduction exceeds $25.00, please contact our
office at (239) 344-1259 and speak with Paralegal Brenda J. Gross for approval.
*+10*P_ EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS"™****
THESE ITEMS WILL BE inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of the items
to be produced to the attorneys at Henderson, Franklin, Starnes & Holt, P.A., on or before the
scheduled date of production. This subpoena shall expire within ninety (90) days from the date of service.
You may condition the preparation of the copies upon the payment in advance of the reasonable cost of
preparation. You may mail or deliver the copies to the attorney whose name appears on this
subpoena and thereby eliminate 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 this subpoena. THIS WILL
NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
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 by the following attorney and
unless excused from this subpoena by this attorney or the Court, you shall respond to this subpoena as
directed.
HIPAA Certificate: This certifies that this subpoena has been issued in compliance with the
Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-901 and 45 CFR
164.512(e)(1)(ii) as this subpoena has been issued pursuant to Rules 1.410 and 1.310, Fla.R.Civ.P. The
Party issuing this subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient
listed above by sending his/her attorney a notice of the taking of this deposition for which this subpoena
has been issued and which included sufficient information about the litigation to permit the Plaintiff/Patient
to raise an objection to the court or administrative tribunal. The Plaintiff/Patient may raise an objection
pursuant to Rule 1.280(c), Fla.R.Civ.P. and no testimony will be taken nor will documents be produced
until said objections, if any, have been resolved.
DATED:
TRACI T. MCKEE
For the Court
By: &
Attorneys for Defendants
Henderson, Franklin, Starnes & Holt,
PA.
Post Office Box 280
Fort Myers, Florida 33902-0280
239,344-1274
Florida Bar No. 0053088
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Filing # 86266197 E-Filed 03/12/2019 03:25:22 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION YUDEIKY GOTERA, Plaintiff, v. CASE NO. 2017-CA-002188 CHRISTOPHER H. BURT, Defendant. i DEFENDANT’S NOTICE OF PRODUCTION FROM NON-PARTY YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service hereof, if service is by delivery, or fifteen (15) days from the date of service, if service is by mail, if no objection is received from any party, the undersigned will issue or apply to the Clerk of this court for issuance of the attached Subpoenas directed to the following non-parties, to produce the items listed at the time and place specified in the Subpoena. 1. James Manzanares, MD CERTIFICATE OF SERVICE | HEREBY CERTIFY that | electronically filed the foregoing with the Clerk of Court using the E-Filing Portal System which will send a notice of electronic filing to the following: Adrian Medina, Esq. Mark A. Salameh, Esq. The Salameh Law Group, P.A. 4091 Colonial Blvd., Suite 200 Fort Myers, FL 33966 Tel: 239-277-0092 adrian@thesalamehlawgroup.com mark@thesalamehlawgroup.com Attorneys for Plaintiff FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 03/12/2019 04:29:42 PMthis _\I\“Gay of March, 2019. HENDERSON, FRANKLIN, STARNES & HOLT, P.A. Attorneys for Defendant Post Office Box 280 1715 Monroe Street Fort Myers, FL 33902-0280 239.344.1263 By: lof “Peace 7. Wee Traci McKee Florida Bar No, 0053088 traciimckee@henlaw.com tracey.salerno@henlaw.comIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION YUDEIKY GOTERA, Plaintiff, v. CASE NO. 2017-CA-002188 CHRISTOPHER H. BURT, Defendant. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA, TO: Medical Records Custodian James Manzanares, MD 3501 Health Center Blvd, #2430 Bonita Springs, FL 34135 YOU ARE COMMANDED to appear at the law offices of Henderson, Franklin, Starnes & Holt, P.A., 1715 Monroe Street, Fort Myers, Florida 33901, within 10 days from the date of service hereof, and to have with you at that time and place the following: any and all medical and hospital bills, records or reports, office notes/records, nurse's notes, appointment cards, x-ray reports, x-ray films, clinical reports, questionnaire or patient information forms, to include, but not limited to all intake documents, questionnaires, ledgers, invoices, billing records, billing statements showing total amount of bill paid and by whom, correspondence, reports or correspondence prepared for attorneys by witness or received from attorneys, every written piece of paper included within the patient's chart, including a copy of any notations on the file jacket, etc. and all other tangible items pertaining to the diagnosis, care, treatment and/or examination by the witness, or any other health provider that are in the possession of the witness, regarding patient YUDEIKY GOTERA. All records should be all inclusive of any care and treatment ever provided, and should in no way be limited to one incident. PLEASE NOTE THAT FLORIDA ADMINISTRATIVE CODE, CHAPTER 64B8-10.003 STATES: “Reasonable costs of copies shall not exceed $1.00 per page for the first 25 pages and $.25 for each page thereafter." $1.00 per page can be charged for all hospital records. There is no provision for "document retrieval" fees in excess of the per page copying charge. Please bill our firm for these records accordingly. If the cost of reproduction exceeds $25.00, please contact our office at (239) 344-1259 and speak with Paralegal Brenda J. Gross for approval. *+10*P_ EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS"™**** THESE ITEMS WILL BE inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorneys at Henderson, Franklin, Starnes & Holt, P.A., on or before the scheduled date of production. This subpoena shall expire within ninety (90) days from the date of service. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate 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 this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. 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 by the following attorney and unless excused from this subpoena by this attorney or the Court, you shall respond to this subpoena as directed. HIPAA Certificate: This certifies that this subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this subpoena has been issued pursuant to Rules 1.410 and 1.310, Fla.R.Civ.P. The Party issuing this subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending his/her attorney a notice of the taking of this deposition for which this subpoena has been issued and which included sufficient information about the litigation to permit the Plaintiff/Patient to raise an objection to the court or administrative tribunal. The Plaintiff/Patient may raise an objection pursuant to Rule 1.280(c), Fla.R.Civ.P. and no testimony will be taken nor will documents be produced until said objections, if any, have been resolved. DATED: TRACI T. MCKEE For the Court By: & Attorneys for Defendants Henderson, Franklin, Starnes & Holt, PA. Post Office Box 280 Fort Myers, Florida 33902-0280 239,344-1274 Florida Bar No. 0053088