Document for Phrsosso Zachariades, et al Plaintiff vs. Jetro Restaurant Depot LLC Defendant

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 88729087 E-Filed 04/30/2019 11:17:15 AM

IN THE CIRCUIT COURT OF THE SEVENTEETH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA

PHROSSO ZACHARIADES and
GEORGE ZACHARIADES,

Plaintiffs, CASE NO.: CACE-18-002046
v.
JETRO RESTAURANT DEPOT, LLC d/b/a
RESTAURANT DEPOT, LLC,

Defendant.

SUBPOENA DUCES TECUM WITH DEPOSITION AND PRODUCTION OF
DOCUMENTS, INFORMATION, OR OBJECTS IN A CIVIL ACTION

STATE OF FLORIDA

TO: Dr. Sergio Lenchig
Fort Lauderdale Pain Medicine
1930 NE 47th Street, Suite 300/307
Fort Lauderdale, FL 33308

YOU ARE COMMANDED to produce at the time, date, and place set forth below the
following documents, electronically stored information, or objects, and to permit inspection,
copying, testing, or sampling of the material: REFER TO ATTACHED EXHIBIT “A”:

 

Place: Fort Lauderdale Pain Medicine Date and Time:
1930 NE 47th Street, Suite 300/307 May 28", 2019 at 3:00 p.m.
Fort Lauderdale, Florida 33308
305-301-6464 / slechig@filpain.com

 

 

 

 

YOUR ENTIRE FILE, cover to cover, including but not limited to, any and all documents
set forth below pertaining to the:

Plaintiff: Phrosso Zachariades
D.O.B.:
Social Security No.: =

All records requested are all-inclusive and should be in no way limited to one date of
incident.

Resnick & Louis, P.C. 444 Brickell Avenue, Suite 300. Miami. Florida 33131

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/30/2019 11:17:15 AM.****Zachariades, et al. v. Restaurant Depot
Case No.: CACE-18-002046

MEDICAL:
* office records and notes;
* doctors and nurses notes;
+ insurance records and claim forms;
+ letters of protection, personal injury agreements or any contract and/or agreement you
have with Plaintiff and/or his/her attorney;
* consent forms;
* medical records with respect to any and all injuries or illnesses;
+ medical history forms;
+ intake forms;
* consultations;
* correspondence;
* charts;
* memoranda;
* narrative reports;
* treatment;
* patient questionnaires;
* progress notes;
* computer generated reports and printouts;
+ laboratory reports;
+ radiology reports;
+ therapy notes;
* prescriptions;
+ Psychiatric/psychological evaluations, reports, notes and testing;
+ any hospital and/or emergency room records;
* reports of diagnostic and surgical procedures; and
* any and all data pertaining to the diagnosis, treatment and care of the patient.

RADIOLOGY:
* Raw data (X-Rays, CT Scans, MRI films, wave forms, wet reads, etc.);
* Written & computer-generated reports;
* Intake Sheets and other diagnostic tests together with reports of the results;
Before copying, please fax a detailed list of your complete inventory of films on this
patient to the attention of Ariel Oliva, Paralegal, at (786) 800-2435, listing
additionally the dates taken and the costs involved in obtaining these copies. We
would prefer to obtain all films on disc.

BILLING:
+ Assignment of Benefits forms;
+ “Signature on File” forms;
* Doctor’s liens;
* Health Insurance Claim Forms (HCFA)/CMS-1500 and/or UB-92/UB-04 claim forms;
+ Superbills;
+ Statements of account;
+ Correspondence;
* Memoranda;
+ Invoices;

2
Resnick & Louis, P.C. 444 Brickell Avenue, Suite 300, Miami, Florida 33131Zachariades, et al. v. Restaurant Depot
Case No.: CACE-18-002046

+ Ledgers;

+ Computerized billing; and

* Letters of Protection, Personal Injury Agreements or any contract and/or agreement you
have with Plaintiff and/or his/her attorney;

SCHEDULE “A”
ADDITIONAL DOCUMENTS TO BE PRODUCED
SUBPOENA DUCES TECUM TO DR. SERGIO LENCHIG

Pursuant to the attached subpoena, please produce:

1.

Your entire file including, but not limited to:

All notes, measurements, records, reports, correspondence, billing, estimates,
photographs, pleadings, discovery, motions, affidavits, file folder — jacket,
electronic mail, retainer agreement, faxes, checks (front and back), drafts and any
written materials created, obtained or relied upon regarding this case.

A copy of your most recent curriculum vitae as it pertains to your professional
training, qualifications, and experience.

A list or copies of any and all professional publications authored by you, or under
your direction.

A list or copies of any and all published articles authored by you which pertain to
the issues involved in this case.

A list of any and all civil lawsuits or administrative proceedings in which you
have given sworn statements, depositions, or trial testimony during the last five
(5) years, together with copies of any recordings or transcripts of your statements
or testimony which are in the possession, custody, or control of you or your
office.

Any and all written reports, including but not limited to rough drafts, prepared by
or at the direction of you or your office in connection with your investigation and
evaluation of the issues involved in this case.

Any and all files maintained by you or your office in connection with your
investigation and evaluation of the issues involved in this case, to include, but not
limited to:

a. Any and all documents or other materials obtained, by any means, by or at
the direction of you or your office in connection with this case;

b. Any and all models, illustrations, photographs, exhibits, documents, or
other materials which you intend or contemplate using to explain,
illustrate, or support your testimony at the arbitration;

3
Resnick & Louis, P.C. 444 Brickell Avenue, Suite 300, Miami, Florida 3313110.

11.

12.

13.

14.

Zachariades, et al. v. Restaurant Depot
Case No.: CACE-18-002046

c. Any and all test data, test documents, test papers, photographs, filings,
videotapes, graphs, charts, illustrations, plans, memoranda, documents, or
any materials prepared by or at the direction of you or your office in
connection with this case;

d. Any and all correspondence between you or your office and an attorney,
investigator, paralegal, or adjuster in connection with this case;

e. Any and all correspondence between you or your office and any third
parties in connection with this case;

f. Any and all documents or other materials, or a list of such documents,
prepared by any attorneys, investigators paralegals, or adjusters which has
been provided to you or your office in connection with this case; and,

g Any and all reports prepared by or at the direction of you or your office in
connection with this case.

Any and all documents or materials, or a list of such documents or materials, of
any kind whatsoever which you have reviewed, referred to, or otherwise relied
upon in connection with formulating your opinions in this case.

Any and all articles, or a listing of such articles including the title and author of
such articles, the name and volume number of the publication the article appeared
in, published by others upon which you relied in connection with formulating
your opinions in this case.

A list of any and all written or otherwise recorded statements which you have
examined in connection with formulating your opinions in this case.

Any and all published standards, or a listing of such standards including the
source of the standard, i.e. publication group, date, and volume, which you have
used or otherwise referred to in connection with formulating your opinions in this
case.

Any and all reports prepared by other experts which you have read in connection
with formulating your opinions in this case.

Any and all other documents or materials, or a listing of such documents if same
are not readily available, of any kind whatsoever which you have viewed in
connection with formulating your opinions in this case.

Any and all bills, statements, or other materials prepared by you or your office in
connection with any charges for your services as an expert witness in this case.

4
Resnick & Louis, P.C. 444 Brickell Avenue, Suite 300, Miami, Florida 33131Zachariades, et al. v. Restaurant Depot
Case No.: CACE-18-002046

15. Any and all bills, statements, or other materials prepared by you or your office in
connection with any charges for your services as an expert witness in any
insurance claims, civil lawsuits, or administrative proceedings in which you have
prepared written reports, rendered informal verbal opinions, or given sworn
statements, depositions, or trial testimony during the preceding two (2) years.

16. Current list of any and all cases for which you have been retained as an expert or
consultant by the law firm of ASNIS, SREBNICK & KAUFMAN.

17. Copies of any and all correspondence to or from ASNIS, SREBNICK &
KAUFMAN and notes/memos of any conversation with any member or employee
of this firm which references, refers or relates to Phrosso Zachariades (DOB:
06/12/1946) or any party to the case styled: Phrosso Zachariades and George
Zachariades vs. Jetro Restaurant Depot, LLC d/b/a Restaurant Depot, LLC,
Broward County Circuit Court Case No.: CACE-18-002046.

18. Copies of any and all compensation, retainer or fee agreements entered into with
ASNIS, SREBNICK & KAUFMAN for this case, other pending matters, or in the
past, together with a record of all billing or invoices generated for your work on
this matter to date.

All records should include any notations on the file jacket as well and any and all reports
or correspondence of other physicians or hospitals included in your file, as well as all
correspondence or any other record of any kind of nature that you have in your possession
regarding the treatment of the above-named person from the first date of treatment to the
present.

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 attommey 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. *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. (If the cost for copies exceed $50.00, please contact the
attorney for approval.) 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.

Tf 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.

5
Resnick & Louis, P.C. 444 Brickell Avenue, Suite 300, Miami, Florida 33131Zachariades, et al. v. Restaurant Depot
Case No.: CACE-18-002046

You are subpoenaed by the attorneys whose names appear on this subpoena and unless excused
from this subpoena by the attorneys or the Court, you shall respond to this subpoena as directed.
Also, please complete, sign, and notarize the attached affidavit.

COMPLIANCE WITH HIPAA DISCLOSURE

Defendant has complied with 45 C.F.R., Section 164.512(e) and Rule 1.351 of the Florida Rules
of Civil Procedure. Undersigned certifies that:

1) Written notice has been provided to the insurance and/or the individual’s attorney for
whom the documents are sought,

2) The notice included sufficient information about the litigation and/or proceeding to
permit the individual or his/her attorney to raise an objection to the production of the
requested documents,

3) The time to raise an objection has elapsed and,

4) Neither the individual nor his/her attorney filed an objection to the above-listed
subpoena.

WITNESS my hand and seal on April 23, 2019

ROBERT J. SQUIRE
For the Court

    

Robert J. Sqftire, Esq.
Florida Bar No.: 584169

c/o Ariel Oliva

Robert J. Squire, Esquire
RESNICK & LOUIS, P.C.

444 Brickell Avenue, Suite 300
Miami, Florida 33131

Telephone and Fax: (786) 800-2435

*Issued by attorney of record per Rule 1.410

In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in this proceeding should contact the office of ROBER J.
SQUIRE, of Resnick & Louis, P.C. at (305) 432-9772 no later than 7 days prior to the
proceeding.

 

 

For questions regarding this Subpoena
Please contact Ariel Oliva, Paralegal at (786) 800-2435
aoliva@rlattorneys.com

 

6
Resnick & Louis, P.C. 444 Brickell Avenue, Suite 300. Miami. Florida 33131Zachariades, et al. v. Restaurant Depot
Case No.: CACE-18-002046

Zachariades, et al. v. Restaurant Depot
Case No.: CACE-18-002046

AFFIDAVIT OF RECORDS CUSTODIAN CERTIFYING RECORDS
PURSUANT TO FLORIDA STATUTE 90.803(6)

STATE OF: )

COUNTY OF: )
(County in which Entity is Located)

)

, having first been duly sworn according to law, makes
(Name of Records Custodian)

oath upon his or her personal knowledge as follows:

L | , am the duly authorized custodian of the records for
(Name of Records Custodian)

, and in such capacity, I have authority to certify the attached records.
(Name of Entity)

2. The attached records are true copies of all original records maintained by:

regarding (DOB: ) that were
(Name of Entity) (Name of Relevant Individual and/or Entity)
(if applicable)

requested by Robert J. Squire, Esq., of Resnick & Louis, P.C., in connection with the above-captioned
matter.

3. The attached records were kept in the course of the regularly conducted business activity of
and were prepared as a regular practice and custom.
(Name of Entity)

4. The attached records were prepared by the personnel of
(Name of Entity)
in the ordinary course of business at or near the time of the act, condition, diagnosis, or event, reported
thereon, and by a person or persons with knowledge of and a business duty to record or transmit those
matters.

FURTHER AFFIANT SAYETH NOT.

AFFIANT
Sworn and subscribed to before me
this day of > 201 c
Notary Public

My Commission Expires:

7
Resnick & Louis, P.C. 444 Brickell Avenue, Suite 300, Miami, Florida 33131