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Filing # 61634246 E-Filed 09/18/2017 12:14:21 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, INAND FOR
BROWARD COUNTY, FLORIDA
JOHN SPAIN, CASE NO.: CACE 16-022725 (04)
Plaintiff,
Vv.
RIVERSTONE COMMUNITIES, LLC and
ORANGE BLOSSOM MHP, LLC,
Defendants.
/
DEFENDANT RIVERSTONE COMMUNITIES, LLC’S EX-PARTE MOTION TO
COMPEL PLAINTIFF’S RESPONSES TO DEFENDANT’S INTERROGATORIES AND
REQUEST FOR PRODUCTION DATED JULY 31, 2017
COMES NOW Defendant, Riverstone Communities, LLC (hereinafter “Defendant’),
by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure
1.380, and hereby files this Ex-Parte Motion to Compel Responses to its Interrogatories
and Request for Production, dated July 31, 2017, and, as grounds states as follows:
1. On July 31, 2017, Defendant propounded Interrogatories and Request for
Production upon Plaintiff. See Composite Exhibit “A”.
2. To date, Plaintiff has yet to respond to Defendant's Interrogatories or
Request for Production, nor has Plaintiff filed an objection or asked for an extension of
time to respond.
3. This matter is currently scheduled on this Court’s three-week trial docket,
commencing April 30, 2018. See Exhibit “B”.
4. Plaintiff's failure to respond to Defendant's Interrogatories and Request for
Production will severely prejudice the defense of this matter.
1
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 9/18/2017 12:14:21 PM.****CASE NO.: CACE 16-022725 (04)
5. Defendant hereby certifies that the undersigned has made a good faith
attempt to resolve this matter with Plaintiffs counsel prior to the filing of this Motion. See
Exhibit “C”.
Defendant, RIVERSTONE COMMUNITIES, LLC, moves this Honorable Court for
an Ex-Parte Order compelling Plaintiff to respond to its Interrogatories and Request for
Production by September 28, 2017, and grant any additional relief deemed just and
proper.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 18th day of September, 2017, a true and correct
copy of the foregoing was filed with the Clerk of Broward County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following par-
ties registered with the e-Filing Portal system: Wayne S. Koppel, Esq., Koppel &
Associates, P.A., (service@koppellaw.net; wayne@koppellaw.net;
cheree@koppellaw.net), 817 South University Drive, Suite 100, Plantation, FL 33324,
(954) 370-7878/(954) 370-7849 (F), Attorney for Claimant, John Spain.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendants RIVERSTONE
COMMUNITIES, LLC and ORANGE BLOSSOM
MHP, LLC
Lakeside Office Center, Suite 500
600 North Pine Island Road
Plantation, Florida 33324
Telephone (954) 703-3759
Facsimile (954) 474-7979
Primary e-mail: genevieve.rupelli@csklegal.com
lindsay.west@csklegal.com
Secondary e-mail:
theresa.jackson@csklegal.com
By: _s/ Lindsay M. West
GENEVIEVE P. RUPELLI
Florida Bar No.: 780901
LINDSAY M. WEST
Florida Bar No.: 85572
\\ftle-file\ftledoc\170915_0005\[7810834] motion - compel.docx
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COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXFiling # 59753235 E-Filed 07/31/2017 05:56:31 PM
Composite Exh
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, INAND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE 16-022725 (04)
JOHN SPAIN,
Plaintiff,
Vv.
RIVERSTONE COMMUNITIES, LLC and
ORANGE BLOSSOM MHP, LLC,
Defendant.
/
NOTICE OF SERVICE OF DEFENDANT RIVERSTONE COMMUNITIES, LLC’s
INTERROGATORIES TO PLAINTIFF
COMES NOW Defendant, RIVERSTONE COMMUNITIES, LLC (hereinafter
“Defendant”), by and through its undersigned counsel, and hereby notifies this Court and
counsel of record that it has served Defendant’s Interrogatories upon JOHN SPAIN
(hereinafter “Plaintiff’) to be answered under oath in writing within thirty (30) days, in
accordance with Florida Rules of Civil Procedure.
Composite Exhibit "
Page 1
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.€. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (054) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 31st day of July, 2017, a true and correct copy of the
foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing
Portal, which will send an automatic e-mail message to the following parties registered
with the e-Filing Portal system: Wayne S. Koppel, Esq., Koppel & Associates, P.A.,
service@koppellaw.net;wayne@koppellaw.net;cheree@koppellaw.net, 817 South
University Drive, Suite 100, Plantation, FL 33324, (954) 370-7878/(954) 370-7849 (F),
Attorney for Claimant, John Spain.
0389.0058-00/7365221
By:
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendants RIVERSTONE
COMMUNITIES, LLC and ORANGE BLOSSOM
MHP, LLC
110 Tower
110 S.E. 6th Street, Suite 2700
Fort Lauderdale, Florida 33301
Telephone (954) 703-3759
Facsimile (954) 703-3701
Primary e-mail: genevieve.rupelli@csklegal.com
Secondary e-mail: lindsay.west@csklegal.com
Alternate e-mail: Elsa.Santos@csklegal.com
s/ Lindsay M. West
GENEVIEVE P. RUPELLI
Florida Bar No.: 780901
LINDSAY M. WEST
Florida Bar No.: 85572
Page 2
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
DEFINITIONS AND INSTRUCTIONS
Please refer to these definitions and instructions in providing your answers. Unless
otherwise clearly indicated by the context thereof, the following definitions and
instructions shall apply to each of the interrogatories set forth below:
Definitions
1. Plaintiff means JOHN SPAIN.
2. "You" and/or "Your" and “Their’ means JOHN SPAIN, unless otherwise so
stated.
3. “Communication” means, without limitation, any oral, written, telephonic,
radio, video or electronic transmission of information, demands or
questions, including but not limited to conversations, meetings, discussions,
telephone calls, telegrams, telecopies, telexes, seminars, conferences,
writings, letters, messages, notes, or memoranda.
4. "Document" or "Documents" means all "writings and recordings". The
definition is intended to include all documents, agreements,
correspondence, records, ledgers, contracts, bills, invoices, bills of lading,
inventories, financial data, memoranda, notes, or other writings, formal or
informal in nature, accounting and financial records, diaries, statements,
telegrams, draft, work papers, paper and magnetic tapes, charts, computer
cards and print outs, electronically or magnetically stored information or
data, minutes, publications, calendars, telephone pads, bulletins, directives,
logs and listings, in your actual or constructive possession, custody or
control, or of which you have knowledge of the existence, and whether
prepared, published or released by you or by any other person or entity.
Without limitation on the foregoing, the term "documents" shall include any
copy which differs in any respect from the original or other versions of the
documents, such as copies containing notations, insertions, corrections,
marginal notes or any variations.
5. "Identify" means, when used in reference to:
A. An individual, to state his or her (I) full name; (ii) present or last known
home and business address, including street name and number, city
or town and zip code; (iii) present or last known position, job title and
job description;
Page 3
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX6.
CASE NO.: CACE 16-022725 (04)
A person other than an individual, to state its (I) full name and type
of organization or entity; (ii) address or principal place of business;
and (iii) jurisdiction and date of incorporation or organization, if
known.
Documents, to state (I) the name and date of the document, the
name and address of the person(s) originating the document, the
name and address, if any, of the person(s) to whom the document is
addressed, the names and addresses of all persons to whom copies
of the documents were to have been sent; and the organization, firm
or agency with which any such persons were connected as of the
date of the document; and (ii) whether Plaintiff is in possession of or
have under their control the original or a copy of the document, and,
if not in possession of an original or copy, the name and address of
the custodian of each original copy, and the name and address of
each person who Plaintiff believes presently is in possession of the
original or copy of such document. In lieu of identifying particular
documents, when such identification is requested, the document
may, at Plaintiff's option, be attached to the response to these
interrogatories, bearing an indication to which interrogatory or
interrogatories each document relates.
Conversations, to state the date and place and approximate time of
day of the conversation, the identity of all persons in attendance, the
subject matter and reasons for the conversation, the statements
made by each person, including the context in which they were made
and the identity of any writings or recordations which exist relating
thereto.
Any other item or information, to provide a particular description of
the same.
The plural shall include the singular and the singular shall include the
plural.
Page 4
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
Instructions
Privilege. If you contend that you are entitled to withhold information falling
within the purview of these Interrogatories on the basis of the attorney-client
privilege, the work-product doctrine, or any other ground, such information
should be identified by providing a description of the following:
A. Describe the subject matter of the information in enough detail to
determine the validity of the claimed privilege;
B. Identify the person(s) who have knowledge or who have transmitted
said information;
Cc. State the nature and basis of the privilege or other ground claimed
for withholding the information and;
D. The date such information was transmitted to or by you.
Documents. If a document, or documents will provide the requested
information, attach the document(s) to your responses and indicate the
Interrogatory to which the document(s) is/are responsive.
Page 5
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
DEFENDANT RIVERSTONE COMMUNITIES, LLC’S INTERROGATORIES TO
PLAINTIF JOHN SPAIN
1. List the names, business addresses, dates of employment, and rates of pay
regarding all employers, including self-employment, for whom you have worked in the
past 10 years.
ANSWER:
2. State all addresses where you have lived for the past 10 years, the dates
you lived at each address.
ANSWER:
3. Describe in detail how the incident described in the complaint happened,
including all actions taken by you to prevent the incident.
ANSWER:
4, Describe in detail each act or omission on the part of any party to this lawsuit
that you contend constituted negligence that was a contributing legal cause of the incident
in question.
ANSWER:
Page 6
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
5. Prior to the date of the incident described in the complaint, were you
instructed by Defendants, their agents, employees, or representatives, not to use the
bathtub in the residence?
ANSWER:
6. Prior to the date of the incident described in the complaint, did the
Defendants, their agents, employees, or representatives provided you with alternate
bathroom and/or showering accommodations, including, but not limited to, providing you
with the key to a nearby, vacant residence?
ANSWER:
7. Did you request Defendants, their agents, employees or representatives
wait until after the Labor Day Holiday (or Monday, September 7, 2015) to install a new
bathtub in the residence described in the complaint?
ANSWER:
8. Following the incident described in the complaint, did you prevent
Defendants, their agents, employees or representatives from installing a new bathtub in
the residence, including, but not limited to, padlocking the front door to the residence?
ANSWER:
Page 7
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
9. Following the incident described in the complaint, did you continue to
shower in the cracked bathtub, prior to the installation of the new bathtub?
ANSWER:
10. Describe each injury for which you are claiming damages in this case,
specifying the part of your body that was injured, the nature of the injury, and, as to any
injuries you contend are permanent, the effects on you that you claim are permanent.
ANSWER:
11. List each item of expense or damage, other than loss of income or earning
capacity, that you claim to have incurred as a result of the incident described in the
complaint, giving for each item the date incurred, the name and business address of the
person or entity to whom each was paid or is owed, and the goods or services for which
each was incurred.
ANSWER:
12. Do you contend that you have lost any income, benefits, or earning capacity
in the past or future as a result of the incident described in the complaint? If so, state the
nature of the income, benefits, or earning capacity, and the amount and the method that
you used in computing the amount.
ANSWER:
Page 8
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
13. Has anything been paid or is anything payable from any third party for the
damages listed in your answers to these interrogatories? If so, state the amounts paid or
payable, the name and business address of the person or entity who paid or owes said
amounts, and which of those third parties have or claim a right of subrogation.
ANSWER:
14. List the names and business addresses of each physician who has treated
or examined you, and each medical facility where you have received any treatment or
examination for the injuries for which you seek damages in this case; and state as to each
the date of treatment or examination and the injury or condition for which you were
examined or treated.
ANSWER:
15. — List the names and business addresses of all other physicians, medical
facilities, or other health care providers by whom or at which you have been examined or
treated in the past 10 years; and state as to each the dates of examination or treatment
and the condition or injury for which you were examined or treated.
ANSWER:
16. | Have you heard or do you know about any statement or remark made by or
on behalf of any party to this lawsuit, other than yourself, concerning any issue in this
lawsuit? If so, state the name and address of each person who made the statement or
statements, the name and address of each person who heard it, and the date, time, place,
and substance of each statement.
ANSWER:
Page 9
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
17. Do you intend to call any expert witnesses at the trial of this case? If so,
state as to each such witness the name and business address of the witness, the
witness’s qualifications as an expert, the subject matter upon which the witness is
expected to testify, the substance of the facts and opinions to which the witness is
expected to testify, and a summary of the grounds for each opinion.
ANSWER:
18. Have you made an agreement with anyone that would limit that party's
liability to anyone for any of the damages sued upon in this case? If so, state the terms
of the agreement and the parties to it.
ANSWER:
19. Describe in detail the nature and extent of any injuries or conditions that
existed prior to the date of the incident described in the Complaint and related to any of
the areas of your body to which you are complaining of injury in this case, and for any
such injury or condition, list the date of the injury or condition, area of the body injured,
the type of treatment received and the name and business address of all medical
providers or facilities that examined or rendered treatment for any such injury or condition.
ANSWER:
20. Did you ever received a disability rating of any type whatsoever from any
individual or private governmental organization prior to or since the incident in question,
and not related to the incident in question? If so, state as to each the name and address
of the physician or organization giving such rating or ratings, the date(s) of the rating(s),
the amount of disability rating(s), and describe the nature of the incident causing the
disability.
ANSWER:
Page 10
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
21. Describe any and all accidents and/or injuries you suffered before the
happening of the alleged incident in this lawsuit. This question is not limited to automobile
accidents, you are asked to describe any and all accidents, of any kind.
(a) | As to each accident or injury, state the names and addresses of the other
parties involved, date and time it occurred, place it occurred, all injuries you
sustained. Names, addresses, and specialty, if any, of the treating and
consulting physicians, period of disability you sustained, and the names and
addresses of the hospitals or place of confinement in which you were a
patient in connection with such injuries.
ANSWER:
22. Have you travelled on vacation or otherwise outside the tri-county area
since the subject incident. If so, please provide the dates of travel, the nature of the travel,
the names and contact information of any travel companions, and provide the mode of
travel for each trip.
ANSWER:
Page 11
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
JOHN SPAIN
STATE OF FLORIDA 7
: SS.t
COUNTY OF 7
The foregoing instrument was acknowledged beforeme by Cs
who is personally known to me; OR
who has produced , as identification;
who did not take an oath; OR
who did take an oath.
ONS
SWORN TO AND SUBSCRIBED before me _ this day of
, 2017.
Signature of Notary Public
Name of Notary (Printed or Typed)
Commission No.
Commission Expires:
Page 12
COLE, SCOTT & KISSANE, P.A.
110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXFiling # 59753235 E-Filed 07/31/2017 05:56:31 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, INAND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE 16-022725 (04)
JOHN SPAIN,
Plaintiff,
v.
RIVERSTONE COMMUNITIES, LLC and
ORANGE BLOSSOM MHP, LLC,
Defendant.
/
DEFENDANTS RIVERSTONE COMMUNITIES, LLC AND ORANGE BLOSSOM MHP,
LLC’S REQUEST FOR PRODUCTION TO PLAINTIFF
COME NOW Defendants, RIVERSTONE COMMUNITIES, LLC and ORANGE
BLOSSOM MHP, LLC, (hereinafter collectively referred to as “Defendants”) by and
through their undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil
Procedure, and hereby propound this Request for Production upon Plaintiff, JOHN
SPAIN, to produce and permit the inspection and copying of the following documents,
writings, and other data within 30 days of the service herein, at the offices of the
undersigned:
DEFINITIONS AND INSTRUCTIONS FOR REQUEST FOR PRODUCTION
1. You are instructed either to produce documents as they are kept in the
usual course of business or to produce documents organized and labeled to correspond
with the categories in this Request. Documents are to be produced in full and
unexpurgated form.
2. This Request shall be deemed continuing so as to require further and
supplemental production in the event that the party requested to produce, or any of its
attorneys, agent’s representatives, obtains or discovers additional information or
documents between the time of the initial production and the time of hearing or trial.
COLE, SCOTT & KISSANE, P.A.
110 TOWER. 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
3. If you claim that any documents covered by this Request are withheld by
reason of a claim of privilege, work product immunity or other ground of non-production:
a. Identify its title and general subject matter;
b State its date;
c. Identify its author(s);
d. Identify the person(s) for whom it was prepared or to whom it was sent;
e State the nature of the privilege claim; and
f. State in detail each and every fact upon which you base your claim of
privilege.
4. If a portion of an otherwise responsive document contains information that
is subject to a claim of privilege, only those portions of the document subject to the
claim of privilege shall be deleted or redacted form the document and the rest of the
document shall be produced.
5. In the event that any document called for by this Request has been
destroyed, lost, discarded or otherwise disposed of, each such document is to be
identified as completely as possible, including, without limitation, the following
information: author; recipient; sender; subject matter; date prepared or received; date of
disposal; person currently in possession of the document; and the person disposing of
the document.
6. All objections to any category of documents to be produced pursuant to
this Request or to any definition or instruction it contains shall be in writing and
delivered to Plaintiffs’ counsel within the time provided in the Florida Rules of Civil
Procedure or at such other time as is agreed upon by the parties or ordered by this
Court.
DEFINITIONS
1. “Document” as used herein shall be construed broadly to include all
documents and things within the scope of the Florida Rules of Civil Procedure and
refers to all writings or other graphic matter, as well as any other medium by which
information is stored or recorded. It includes originals, drafts, copies and reproductions;
and it includes, without limiting the generality of the foregoing, letters; memoranda;
-2-
COLE, SCOTT & KISSANE, P.A.
110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
reports and/or summaries of investigations; police reports; accident reports; opinions or
reports of consultants; diagrams; marginal comments appearing on any documents;
accounts; telegrams; electronic mail (e-mail), studies; lists of persons attending
meetings or conferences; records or memoranda of telephone conversations; written
statements; transcripts or recorded statements; recorded statements; records of
personal conversations or interviews; calculations; computations; specifications;
drawings; advertisements; circulars; trade letters; press releases; prints; recordings;
positive or negative films, slides or photographs; magnetic, electronic or video tapes;
computer tapes, cards, printouts and/or other computer/data based information; and all
other things of like nature; and any and all containers, boxes or other receptacles or
repositories housing or containing such "documents."
2. The term "communication" shall mean any transmission of information by
any means, including, without limitation, by spoken language, written language,
electronic transmission of data or any other means. The term "communication" shall
include, without limitation, any copies of written information received by the person or
entity responding to this Request, even if such person or entity is not the primary or
direct addressee of such written information.
3. The term "referring" or "relating" shall mean showing, disclosing, averting
to, comprising, evidencing, constituting or reviewing.
4. "You" and "your" refers to JOHN SPAIN, and his affiliates, partners,
employees, agents and representatives.
5. "And" and "or" shall be construed conjunctively or disjunctively as
necessary to make each request herein inclusive rather than exclusive. “Include(s)"
and "including" shall be constructed to mean "without limitation."
6. "Person" means any natural person, firm, corporation, partnership,
proprietorship, joint venture, organization, trust, group of natural persons or other
association separately identifiable, whether or not such an association has a separate
juridical existence in its own right.
7. When used in references to an individual person, "identify" or "identity"
means to state his or her full name, date of birth, Social Security Number and present or
-3-
COLE, SCOTT & KISSANE, P.A.
110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
last known address and telephone number, and contemporaneous or last known
position and business affiliation at the time in question. When used in reference to a
business organization or entity other than an individual, "identify" or "identity" means to
state its full name, its principal business address, and the nature of the organization
(e.g., corporation, partnership). When used in reference to a document, "identify" or
"identity" means to set forth its date, author, designated and actual recipients, type of
document (e.g., report, memorandum), number of pages and the identity (as defined
above) of its present or last known custodian.
DOCUMENTS TO BE PRODUCED
1. All statements, written or recorded, taken from the parties or any witnesses
pertaining to the incident in question.
2. Copies of any and all correspondences between Plaintiff and Defendants, their
agents, employees and/or representatives.
3. All graphs, videos, charts, news clippings, and other documenting evidence
relating to the incident in question or which depict the site of the alleged
incident.
4. All documents that you relied upon in answering the Interrogatories served on
you in this action.
5. All bills or statements for medical treatment, medications or other related items,
the cost of which is claimed to have been incurred by the Plaintiff as a result of
the injuries or conditions allegedly sustained in this case.
6. Any and all records of hospitals in which the Plaintiff has been a patient, or
received treatment, allegedly as a result of the incident here involved; or, in the
alternative, written authorization to obtain same (see attached).
7. Any and all photographs taken by the Plaintiff, Plaintiff's attorneys,
investigators, agents, servants, or employees, before or after the incident
referred to in the complaint, including, but not limited to, photographs which
depict the allegedly defective condition of the property in question, or which are
in any manner related to the subject matter of this lawsuit.
8. Copies of all medical reports received by Plaintiff, Plaintiffs attorneys,
investigators, agents, servants, or employees, from any doctors, physicians, or
-4-
COLE, SCOTT & KISSANE, P.A.
110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX10.
11.
12.
13.
14,
15.
16.
17.
18.
CASE NO.: CACE 16-022725 (04)
anyone else who has rendered treatment to the Plaintiff for injuries allegedly
incurred as a result of the accident which is the subject matter of this lawsuit.
Copies of all medical reports received by Plaintiff, Plaintiffs attorneys,
investigators, agents, servants or employees, from any doctor, physician, or
member of the healing arts who has examined Plaintiff's physical or mental
condition subsequent to the accident which is the subject matter of this lawsuit,
and who may be called as a witness on behalf of the Plaintiff's at the trial of this
cause.
Copies of any and all documents evidencing payments from any collateral
source or med pay coverage paid on your behalf for medical expenses.
Copies of any and all documents evidencing payments from any collateral
source paid on your behalf for lost income.
Copies of any and all documents reflecting the notices required under F.S. §
768.76(6) or statements asserting a right of subrogation or reimbursement
pursuant to § 768.76(7).
All incident reports filed by Plaintiff for any purpose, including, but not limited to,
reports to employer and/or insurance company regarding the incident, if
applicable, and/or any other reports filled out by Plaintiff.
Copies of any and all reports prepared by any expert you anticipate calling at
the time of trial.
Copies of the most recent and updated CV and/or resume of any expert you
anticipate calling at the time of trial.
Copies of all medical reports received by Plaintiff, Plaintiff's attorneys,
investigators, agents, servants, or employees, from any doctors, physicians, or
anyone else who has rendered treatment to the Plaintiff for any injuries,
illnesses, diseases or sicknesses in which Plaintiffs received treatment and/or
care from 2006 to the present, or in the alternative an executed authorization
for such records (see attached).
Any and all reports issued by a psychiatrist, psychologist or any other metal
health counselor relative to the alleged injuries sustained by Plaintiff as a result
of the subject incident, or in the alternative an executed authorization for such
records (see attached).
Any and all pay stubs, cancelled checks or other documentation relative to
Plaintiff's wage loss alleged to have been suffered as a result of the subject
incident.
5-
COLE, SCOTT & KISSANE, P.A.
110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX19.
20.
21.
22.
23.
CASE NO.: CACE 16-022725 (04)
Any documentation in Plaintiff's possession which supports the Plaintiff's
allegation that Defendants were negligent.
A copy of any police or fire rescue reports relative to the subject incident.
Copies of Plaintiff's United States Income Tax Returns, W2s and 1099s for the
following years: 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and
2017.
Laster, color copies of the front and back of Plaintiffs driver's license or
identification cards if the Plaintiff is not a licensed driver.
Laser, color copy of Plaintiff's entire current passport (cover to cover).
-6-
COLE, SCOTT & KISSANE, P.A.
110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04)
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 31% day of July, 2017, a true and correct copy
of the foregoing was filed with the Clerk of Broward County by using the Florida Courts
e-Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Wayne S. Koppel, Esq., Koppel &
Associates, P.A.,
service@koppellaw.net;wayne@koppellaw.net;cheree@koppellaw.net, 817 South
University Drive, Suite 100, Plantation, FL 33324, (954) 370-7878/(954) 370-7849 (F),
Attorney for Claimant, John Spain.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendants RIVERSTONE
COMMUNITIES, LLC and ORANGE BLOSSOM
MHP, LLC
110 Tower
110 S.E. 6th Street, Suite 2700
Fort Lauderdale, Florida 33301
Telephone (954) 703-3770
Facsimile (954) 703-3701
Primary e-mail: lindsay.west@csklegal.com
Secondary e-mail: lindsay.west@csklegal.com
Alternate e-mail: Elsa.Santos@csklegal.com
By: _s/ Lindsay M. West
LINDSAY M. WEST
Florida Bar No.: 85572
LINDSAY M. WEST
Florida Bar No.: 85572
0389.0058-00/7380872
-7-
COLE, SCOTT & KISSANE, P.A.
110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXAUTHORIZATION TO DISCLOSE MEDICAL INFORMATION
To: [Provider Name]
[Provider Address]
For informational purposes pertaining to civil litigation, I authorize and request the Custodian of Records at
the above named entity to disclose to the agents or designees of the law firm of Cole, Scott & Kissane, P.A.
any and all records containing protected health information (PHI) pertaining to
This authorization should also be construed to permit agents or designees of Cole, Scott & Kissane, P.. ‘A, to
copy, inspect and review any and all such records. Records containing (PHI) may include, but are not
limited to:
All medical records, physicians records, surgeon’s records, x-rays, CT scans, MRI films,
photographs, and any other radiological, nuclear medicine, or radiation therapy films, pathology
materials, slides, tissues, physicals and histories, laboratory reports, operating room records, discharge
summaries, progress notes, patient intake forms, consultations, prescriptions, nurses’ notes, insurance
records, consent for treatment statements of account, itemized bills, invoices and any other papers relating
to any examination, diagnosis, treatment, periods of hospitalization, or stays of confinement.
Unless revoked in writing this authorization shall be valid for one (1) year from the date of signature. In
addition, a copy of this authorization may be used in place of and with the same force and effect as the
original.
Notice
© The individual signing this authorization may request the entity provide them with
both a copy of the authorization and a copy of the protected health information
(PHI) to be disclosed.
© The individual signing this authorization has the right to revoke this authorization
at any time, provided the revocation is in writing, except to the extent that the entity
has already relied upon this authorization to disclose protected health information
(PHD.
© This authorization only applies to protected health information already disclosed by
the above named entity. This information could be re-disclosed by the receiving
parties; in such case, the disclosed (PHI) will no longer be protected by the HIPPA
Privacy Rule.
e This authorization is in compliance with HIPAA regulations contained in 45 C.F.R.
"164.512(e)(1),
I, , have read the authorization and understand that it will
permit the disclosure of (PHI) to be released to Cole, Scott & Kissane, P.A.
Date:
Signature
D.O.B: SSN:Filing # 60755766 E-Filed 08/22/2017 04:33:45 PM
EXHIBIT "B"
IN THE CIRCUIT COURT OF THE 17' JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO, CACE16022725 DIVISION 04 Judge 04 Perlman, Sandra (04)
UNIFORM TRIAL ORDER
John Spain 17™ JUDICIAL CIRCUIT
Plaintiff(s) / Petitioner(s) ORDER FOR PRETRIAL
CONFERENCE
AND
v. CALENDAR CALL
Riverstone Communities Llc
Defendant(s) / Respondent(s)
/
TRIAL PERIOD Commencing 04-30-2018 . This isa (3_)
week calendar.
CALL OF THE CALENDAR AND PRETRIAL CONFERENCE: 94-20-2018 at 9:30 AM
3 DAYS/ VXBERS X__ JURY NON-JURY
THE ORDER OF TRIALS set during this period will be determined at the CALENDAR
CALL. You are subject to being called to commence trial during any part of the above
noted trial period. Failure of any party to attend the pretrial conference and calendar call
may result in either the case being dismissed or a default being entered.
The court has determined this case is ready for trial pursuant to Fla. R. Civ. P. 1.440. The
case is set for trial before the undersigned Judge in Courtroom __16155__, Broward
County Courthouse, 201 S.E. 6th Street, Fort Lauderdale, Florida as stated above.
You are advised your case may be placed into the 17‘ Circuit's “Civil Trial Pool” and is
subject to being called for trial before any circuit civil judge. If placed in the Civil Trial
Pool, you MUST be prepared to proceed to trial if called. ONLY the division judge or
administrative judge of the civil division may grant a continuance of any case placed in
the Civil Trial Pool.
EXHIBIT "
Page 1 of 6The following requirements are imposed on all parties by the Court:
L
Mm.
ls
Ne
NO LATER THAN NINETY (90) DAYS PRIOR TO TRIAL - EXPERT
WITNESSES DISCLOSURE (Filed with the Clerk and served on all counsel)
The parties shall furnish opposing counsel with the names and addresses, along
with complete and updated curriculum vitae of all expert witnesses to be called
at trial; and all information regarding expert testimony that is required by Fla. R.
Civ. P. 1.280 (b)(4)(A); and shall furnish opposing counsel with two (2)
alternative dates of availability of all expert witnesses for the purpose of taking
their deposition. Both sides shall cooperate in the scheduling of such expert
depositions.
NO LATER THAN SIXTY (60) DAYS PRIOR TO TRIAL - MEDICAL
EVALUATIONS: All medical evaluations and other examinations pursuant to
Fla. R. Civ. P. 1.360 shall have been completed.
NO LATER THAN _FORTY- FIVE (45) DAYS PRIOR TO TRIAL: _ All final
discovery shall have been initiated.
TEN (10) DAYS PRIOR TO TRIAL: All pretrial discovery, including discovery
depositions or testimony preserved by video of witnesses or experts to be used
at trial, shall have been completed. Any motions in limine, shall be filed and
served upon opposing counsel.
AT_THE TIME OF THE ABOVE NOTICED PRETRIAL CONFERENCE /
CALENDAR CALL, the Joint Pretrial Stipulation must be completed and timely
filed with the Clerk with a copy provided to the undersigned judge. At the time
of the pretrial conference/calendar call the parties shall be prepared to discuss
all items set fort in Fla R. Civ. P. 1.200(b).
THE JOINT PRETRIAL STIPULATION MUST CONTAIN IN SEPARATELY
NUMBERED PARAGRAPHS: [A joint pretrial stipulation contemplates a
single document. It requires that all agreed matters be fully identified, and
any disputed matters be specifically delineated with respect to each party]:
Statement of the Facts: A concise, impartial statement of the facts of the case.
Stipulated Facts: A list of those facts that can be stipulated and require no proof
at the trial.
Statements of Disputed Law & Fact: Those issues of law and fact that are to be
tried.
Exhibit Lists: Each party shall separately list all exhibits they intend to introduce
into evidence. Each item shall be listed by number and description on a separate
Page 2 of 6schedule attached to the stipulation. Each exhibit shall be specifically described.
Generic descriptions of exhibits are subject to being stricken. Counsel shall initial each
other’s exhibit list and exhibits. All exhibits to be offered in evidence at trial shall
have been made available to opposing counsel for examination and initialing.
Only those exhibits listed and initialed may be offered in evidence. If any party
objects to the introduction of any such exhibit, such objection must be stated in
the stipulation, setting forth the grounds with specificity. Demonstrative exhibits
(e.g. charts, enlargements of exhibits) to be used at a jury trial must be displayed
to all counsel before being shown to the jury.
5. Witness Lists: Parties shall attach and furnish counsel with a written list in
alphabetical order containing the names and addresses of all witnesses
(‘rebuttal”, “impeachment” or otherwise) intended to be called at trial. Only
those witnesses listed shall be permitted to testify. All witness lists shall include a
brief description of the substance and scope of the testimony to be elicited from
such witness. All expert witnesses and their specialties shall be designated. If any
party objects to any witness, such objection must be stated in the stipulation,
setting forth the grounds with specificity. At trial, all parties shall be strictly
limited to witnesses properly and timely disclosed.
6. Jury Instructions: If the trial is a jury trial counsel shall identify all agreed upon
standard instructions and all special instructions. Any disputed jury instructions
shall be attached and identified as to the party that proposed the instruction.
Copies of all agreed upon instructions or disputed instructions shall be attached
to the stipulation, along with copies of supporting statutory citations and/or case
law.
7. Verdict Forms: If the trial is a jury trial the jury verdict form shall be attached
and designated as agreed to or disputed. Agreed and/or disputed verdict forms
shall be attached.
8. Peremptory Challenges: If the trial is a jury trial, state the number of peremptory
challenges for each party.
9. Pending Motions: Set forth a list of all pending motions with copies attached to
the pretrial stipulation. To the extent the court has time prior to commencement
of the trial; all pending motions will be heard or set for hearing at the above-
noticed pre-trial conference. All parties shall be fully prepared to present legal
argument for all pending motions at the pretrial conference.
10. Trial Estimate: Each party shall provide an estimate of the number of days of
trial for its side.
11. Daubert issues. All DAUBERT related issues involving any requests for hearings
on DAUBERT related evidence shall be noticed and heard - or agreed to by the
parties - no later than (30) days prior to the trial period. FAILURE TO DO SO
SHALL CONSTITUTE A WAIVER OF ANY DAUBERT RELATED EVIDENCE
ISSUE. It is within the discretion of the court to remove any case for trial with
pending DAUBERT issues.
Page 3 of 6Vu.
VIII.
Ix.
NO LATER THAN TEN (10) DAYS prior to the trial period set forth above the
following shall be completed or heard by the Court:
1. Depositions to preserve testimony of any witness, including experts, shall have
been completed;
2. All pretrial motions, depositions or proceedings related thereto and
MOTIONS IN LIMINE: All motions to exclude witnesses or evidence of other
motions directed to the conduct of the trial for which grounds then exist must be
filed and heard prior to commencement of the trial.
MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the calendar
call, pretrial conference or at the time of trial.
SETTLEMENT: Counsel shall immediately notify this Court in the event of
settlement and submit a stipulation for and order of dismissal. Counsel shall
also notify the Court of any pending hearings that will be canceled as a result of
the settlement.
THE PARTIES ARE CAUTIONED REGARDING
THE FOLLOWING POLICIES OF THE COURT:
The parties shall do all things reasonable and necessary to assure the availability
of their witnesses for the entire trial period or to otherwise preserve their
testimony for trial as provided by the Florida Rules of Civil Procedure. See Rules
1.300 and 1.460 Fla.R.Civ.P. and Rule 2.545 of the Florida Rules of Judicial
Administration. CONTINUANCES will only be considered on written motion
prior to calendar call.
NO CONTINUANCES will be granted for reasons that should have been readily
apparent to counsel when the trial order was received or expert witnesses are
unavailable since testimony may be preserved by deposition. Continuances
requested for reasons relating to failure to follow this Order will not be
granted.
THE REQUIREMENTS OF THIS PRETRIAL ORDER CANNOT BE WAIVED
BY STIPULATION.
The parties and counsel should be familiar with Fla.R.Civ.P 1.380 regarding
“Failure to Make Discovery: Sanctions”, and, Fla. Stat., §57.105, entitled
“Attorney’s Fee; sanctions for raising unsupported claims or defenses; service of
motions; damages for delay of litigation.” The court may impose sanctions for
failure to comply with the requirements of this pretrial order including dismissal
of the action.
FAILURE TO ATTEND, FAILURE TO FOLLOW TIME REQUIREMENTS OR
FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN THE
Page 4 of 6DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS
INCLUDING STRIKING OF THE PLEADINGS.
6. MEDIATION IS MANDATORY: Mediation shall commence no later than (60)
days prior to the calendar call. The parties shall comply with Fla. R. Civ. P. 1.700,
1.710, 1.720, and 1.730 as to the conduct of mediation. Plaintiffs counsel is
appointed lead counsel to facilitate and schedule the settlement conference with
the mediator and all parties. The court appoints:
CAREY M. FISCHER
800 SE THIRD AVENUE SUITE 400 FORT LAUDERDALE FL 33316
fischlaw1@aol.com
954-524-3553
as Mediator, unless, within (30) days of this order the parties choose a different
mediator. Failure to attend mediation may result in sanctions.
7. At trial, there will only be one official record transcribed by one court reporter.
Plaintiff is responsible for arranging for a court reporter unless otherwise agreed.
If a conflict exists, the parties must resolve such conflict among themselves prior
to trial.
Pursuant to Florida Rule of Judicial Administration 2.516 (h) (1) the court directs the
attorney or self-represented party scheduling this case for trial to serve a copy of this
order on any self-represented party and file with the clerk of court a certificate of
service certifying the self-represented party was served with this order. The
certificate of service shall be in compliance with Rule 2.516 (f).
ORDERED and ADJUDGED at Fort Lauderdale, Florida on 08-22-2017
cate 160se72Sb8-de-2017-4-34 PM
CACE16022725 08-22-2017 4:34 PM
CIRCUIT JUDGE
Copies furnished to counsel of record
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact Diana Sobel, Room 20140, 201
S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days
before your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.
Page 5 of 6Copies Furnished to:
genevieve.rupelli@csklegal.com
tiffany. gomez@csklegal.com
wayne@koppellaw.net
fischlaw1@aol.com
elsa.santos@csklegal.com
cheree@koppellaw.net
lindsay.west@csklegal.com
Page 6 of 6EXHIBIT
Theresa Jackson
From: Lindsay M. West
Sent: Wednesday, September 06, 2017 9:02 AM
To: ‘Wayne S. Koppel’
Ce: ‘cheree@koppellaw.net’
Subject: Claim No. 112860 Viohn Spain v. Orange Blossom Mobile Home Park, LLC) CSK File:
0389.0058-00:
Hi Mr. Koppel —
| hope you are well. | show Plaintiff’s responses to our Request for Production and Interrogatories are outstanding.
Please advise as to the status of these responses.
Sincerely,
Lindsay
EXHIBIT
Preview
Filing # 61634246 E-Filed 09/18/2017 12:14:21 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, INAND FOR BROWARD COUNTY, FLORIDA JOHN SPAIN, CASE NO.: CACE 16-022725 (04) Plaintiff, Vv. RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC, Defendants. / DEFENDANT RIVERSTONE COMMUNITIES, LLC’S EX-PARTE MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DEFENDANT’S INTERROGATORIES AND REQUEST FOR PRODUCTION DATED JULY 31, 2017 COMES NOW Defendant, Riverstone Communities, LLC (hereinafter “Defendant’), by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.380, and hereby files this Ex-Parte Motion to Compel Responses to its Interrogatories and Request for Production, dated July 31, 2017, and, as grounds states as follows: 1. On July 31, 2017, Defendant propounded Interrogatories and Request for Production upon Plaintiff. See Composite Exhibit “A”. 2. To date, Plaintiff has yet to respond to Defendant's Interrogatories or Request for Production, nor has Plaintiff filed an objection or asked for an extension of time to respond. 3. This matter is currently scheduled on this Court’s three-week trial docket, commencing April 30, 2018. See Exhibit “B”. 4. Plaintiff's failure to respond to Defendant's Interrogatories and Request for Production will severely prejudice the defense of this matter. 1 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 9/18/2017 12:14:21 PM.****CASE NO.: CACE 16-022725 (04) 5. Defendant hereby certifies that the undersigned has made a good faith attempt to resolve this matter with Plaintiffs counsel prior to the filing of this Motion. See Exhibit “C”. Defendant, RIVERSTONE COMMUNITIES, LLC, moves this Honorable Court for an Ex-Parte Order compelling Plaintiff to respond to its Interrogatories and Request for Production by September 28, 2017, and grant any additional relief deemed just and proper. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 18th day of September, 2017, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following par- ties registered with the e-Filing Portal system: Wayne S. Koppel, Esq., Koppel & Associates, P.A., (service@koppellaw.net; wayne@koppellaw.net; cheree@koppellaw.net), 817 South University Drive, Suite 100, Plantation, FL 33324, (954) 370-7878/(954) 370-7849 (F), Attorney for Claimant, John Spain. COLE, SCOTT & KISSANE, P.A. Counsel for Defendants RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC Lakeside Office Center, Suite 500 600 North Pine Island Road Plantation, Florida 33324 Telephone (954) 703-3759 Facsimile (954) 474-7979 Primary e-mail: genevieve.rupelli@csklegal.com lindsay.west@csklegal.com Secondary e-mail: theresa.jackson@csklegal.com By: _s/ Lindsay M. West GENEVIEVE P. RUPELLI Florida Bar No.: 780901 LINDSAY M. WEST Florida Bar No.: 85572 \\ftle-file\ftledoc\170915_0005\[7810834] motion - compel.docx 2 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAXFiling # 59753235 E-Filed 07/31/2017 05:56:31 PM Composite Exh IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, INAND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 16-022725 (04) JOHN SPAIN, Plaintiff, Vv. RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC, Defendant. / NOTICE OF SERVICE OF DEFENDANT RIVERSTONE COMMUNITIES, LLC’s INTERROGATORIES TO PLAINTIFF COMES NOW Defendant, RIVERSTONE COMMUNITIES, LLC (hereinafter “Defendant”), by and through its undersigned counsel, and hereby notifies this Court and counsel of record that it has served Defendant’s Interrogatories upon JOHN SPAIN (hereinafter “Plaintiff’) to be answered under oath in writing within thirty (30) days, in accordance with Florida Rules of Civil Procedure. Composite Exhibit " Page 1 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.€. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (054) 703-3701 FAXCASE NO.: CACE 16-022725 (04) CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 31st day of July, 2017, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Wayne S. Koppel, Esq., Koppel & Associates, P.A., service@koppellaw.net;wayne@koppellaw.net;cheree@koppellaw.net, 817 South University Drive, Suite 100, Plantation, FL 33324, (954) 370-7878/(954) 370-7849 (F), Attorney for Claimant, John Spain. 0389.0058-00/7365221 By: COLE, SCOTT & KISSANE, P.A. Counsel for Defendants RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC 110 Tower 110 S.E. 6th Street, Suite 2700 Fort Lauderdale, Florida 33301 Telephone (954) 703-3759 Facsimile (954) 703-3701 Primary e-mail: genevieve.rupelli@csklegal.com Secondary e-mail: lindsay.west@csklegal.com Alternate e-mail: Elsa.Santos@csklegal.com s/ Lindsay M. West GENEVIEVE P. RUPELLI Florida Bar No.: 780901 LINDSAY M. WEST Florida Bar No.: 85572 Page 2 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) DEFINITIONS AND INSTRUCTIONS Please refer to these definitions and instructions in providing your answers. Unless otherwise clearly indicated by the context thereof, the following definitions and instructions shall apply to each of the interrogatories set forth below: Definitions 1. Plaintiff means JOHN SPAIN. 2. "You" and/or "Your" and “Their’ means JOHN SPAIN, unless otherwise so stated. 3. “Communication” means, without limitation, any oral, written, telephonic, radio, video or electronic transmission of information, demands or questions, including but not limited to conversations, meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars, conferences, writings, letters, messages, notes, or memoranda. 4. "Document" or "Documents" means all "writings and recordings". The definition is intended to include all documents, agreements, correspondence, records, ledgers, contracts, bills, invoices, bills of lading, inventories, financial data, memoranda, notes, or other writings, formal or informal in nature, accounting and financial records, diaries, statements, telegrams, draft, work papers, paper and magnetic tapes, charts, computer cards and print outs, electronically or magnetically stored information or data, minutes, publications, calendars, telephone pads, bulletins, directives, logs and listings, in your actual or constructive possession, custody or control, or of which you have knowledge of the existence, and whether prepared, published or released by you or by any other person or entity. Without limitation on the foregoing, the term "documents" shall include any copy which differs in any respect from the original or other versions of the documents, such as copies containing notations, insertions, corrections, marginal notes or any variations. 5. "Identify" means, when used in reference to: A. An individual, to state his or her (I) full name; (ii) present or last known home and business address, including street name and number, city or town and zip code; (iii) present or last known position, job title and job description; Page 3 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX6. CASE NO.: CACE 16-022725 (04) A person other than an individual, to state its (I) full name and type of organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and date of incorporation or organization, if known. Documents, to state (I) the name and date of the document, the name and address of the person(s) originating the document, the name and address, if any, of the person(s) to whom the document is addressed, the names and addresses of all persons to whom copies of the documents were to have been sent; and the organization, firm or agency with which any such persons were connected as of the date of the document; and (ii) whether Plaintiff is in possession of or have under their control the original or a copy of the document, and, if not in possession of an original or copy, the name and address of the custodian of each original copy, and the name and address of each person who Plaintiff believes presently is in possession of the original or copy of such document. In lieu of identifying particular documents, when such identification is requested, the document may, at Plaintiff's option, be attached to the response to these interrogatories, bearing an indication to which interrogatory or interrogatories each document relates. Conversations, to state the date and place and approximate time of day of the conversation, the identity of all persons in attendance, the subject matter and reasons for the conversation, the statements made by each person, including the context in which they were made and the identity of any writings or recordations which exist relating thereto. Any other item or information, to provide a particular description of the same. The plural shall include the singular and the singular shall include the plural. Page 4 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) Instructions Privilege. If you contend that you are entitled to withhold information falling within the purview of these Interrogatories on the basis of the attorney-client privilege, the work-product doctrine, or any other ground, such information should be identified by providing a description of the following: A. Describe the subject matter of the information in enough detail to determine the validity of the claimed privilege; B. Identify the person(s) who have knowledge or who have transmitted said information; Cc. State the nature and basis of the privilege or other ground claimed for withholding the information and; D. The date such information was transmitted to or by you. Documents. If a document, or documents will provide the requested information, attach the document(s) to your responses and indicate the Interrogatory to which the document(s) is/are responsive. Page 5 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) DEFENDANT RIVERSTONE COMMUNITIES, LLC’S INTERROGATORIES TO PLAINTIF JOHN SPAIN 1. List the names, business addresses, dates of employment, and rates of pay regarding all employers, including self-employment, for whom you have worked in the past 10 years. ANSWER: 2. State all addresses where you have lived for the past 10 years, the dates you lived at each address. ANSWER: 3. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. ANSWER: 4, Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. ANSWER: Page 6 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) 5. Prior to the date of the incident described in the complaint, were you instructed by Defendants, their agents, employees, or representatives, not to use the bathtub in the residence? ANSWER: 6. Prior to the date of the incident described in the complaint, did the Defendants, their agents, employees, or representatives provided you with alternate bathroom and/or showering accommodations, including, but not limited to, providing you with the key to a nearby, vacant residence? ANSWER: 7. Did you request Defendants, their agents, employees or representatives wait until after the Labor Day Holiday (or Monday, September 7, 2015) to install a new bathtub in the residence described in the complaint? ANSWER: 8. Following the incident described in the complaint, did you prevent Defendants, their agents, employees or representatives from installing a new bathtub in the residence, including, but not limited to, padlocking the front door to the residence? ANSWER: Page 7 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) 9. Following the incident described in the complaint, did you continue to shower in the cracked bathtub, prior to the installation of the new bathtub? ANSWER: 10. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and, as to any injuries you contend are permanent, the effects on you that you claim are permanent. ANSWER: 11. List each item of expense or damage, other than loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the complaint, giving for each item the date incurred, the name and business address of the person or entity to whom each was paid or is owed, and the goods or services for which each was incurred. ANSWER: 12. Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount and the method that you used in computing the amount. ANSWER: Page 8 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) 13. Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories? If so, state the amounts paid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third parties have or claim a right of subrogation. ANSWER: 14. List the names and business addresses of each physician who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. ANSWER: 15. — List the names and business addresses of all other physicians, medical facilities, or other health care providers by whom or at which you have been examined or treated in the past 10 years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. ANSWER: 16. | Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. ANSWER: Page 9 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) 17. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. ANSWER: 18. Have you made an agreement with anyone that would limit that party's liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. ANSWER: 19. Describe in detail the nature and extent of any injuries or conditions that existed prior to the date of the incident described in the Complaint and related to any of the areas of your body to which you are complaining of injury in this case, and for any such injury or condition, list the date of the injury or condition, area of the body injured, the type of treatment received and the name and business address of all medical providers or facilities that examined or rendered treatment for any such injury or condition. ANSWER: 20. Did you ever received a disability rating of any type whatsoever from any individual or private governmental organization prior to or since the incident in question, and not related to the incident in question? If so, state as to each the name and address of the physician or organization giving such rating or ratings, the date(s) of the rating(s), the amount of disability rating(s), and describe the nature of the incident causing the disability. ANSWER: Page 10 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) 21. Describe any and all accidents and/or injuries you suffered before the happening of the alleged incident in this lawsuit. This question is not limited to automobile accidents, you are asked to describe any and all accidents, of any kind. (a) | As to each accident or injury, state the names and addresses of the other parties involved, date and time it occurred, place it occurred, all injuries you sustained. Names, addresses, and specialty, if any, of the treating and consulting physicians, period of disability you sustained, and the names and addresses of the hospitals or place of confinement in which you were a patient in connection with such injuries. ANSWER: 22. Have you travelled on vacation or otherwise outside the tri-county area since the subject incident. If so, please provide the dates of travel, the nature of the travel, the names and contact information of any travel companions, and provide the mode of travel for each trip. ANSWER: Page 11 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) JOHN SPAIN STATE OF FLORIDA 7 : SS.t COUNTY OF 7 The foregoing instrument was acknowledged beforeme by Cs who is personally known to me; OR who has produced , as identification; who did not take an oath; OR who did take an oath. ONS SWORN TO AND SUBSCRIBED before me _ this day of , 2017. Signature of Notary Public Name of Notary (Printed or Typed) Commission No. Commission Expires: Page 12 COLE, SCOTT & KISSANE, P.A. 110 TOWER - 110 S.E. 6TH STREET. SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXFiling # 59753235 E-Filed 07/31/2017 05:56:31 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, INAND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 16-022725 (04) JOHN SPAIN, Plaintiff, v. RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC, Defendant. / DEFENDANTS RIVERSTONE COMMUNITIES, LLC AND ORANGE BLOSSOM MHP, LLC’S REQUEST FOR PRODUCTION TO PLAINTIFF COME NOW Defendants, RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC, (hereinafter collectively referred to as “Defendants”) by and through their undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, and hereby propound this Request for Production upon Plaintiff, JOHN SPAIN, to produce and permit the inspection and copying of the following documents, writings, and other data within 30 days of the service herein, at the offices of the undersigned: DEFINITIONS AND INSTRUCTIONS FOR REQUEST FOR PRODUCTION 1. You are instructed either to produce documents as they are kept in the usual course of business or to produce documents organized and labeled to correspond with the categories in this Request. Documents are to be produced in full and unexpurgated form. 2. This Request shall be deemed continuing so as to require further and supplemental production in the event that the party requested to produce, or any of its attorneys, agent’s representatives, obtains or discovers additional information or documents between the time of the initial production and the time of hearing or trial. COLE, SCOTT & KISSANE, P.A. 110 TOWER. 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) 3. If you claim that any documents covered by this Request are withheld by reason of a claim of privilege, work product immunity or other ground of non-production: a. Identify its title and general subject matter; b State its date; c. Identify its author(s); d. Identify the person(s) for whom it was prepared or to whom it was sent; e State the nature of the privilege claim; and f. State in detail each and every fact upon which you base your claim of privilege. 4. If a portion of an otherwise responsive document contains information that is subject to a claim of privilege, only those portions of the document subject to the claim of privilege shall be deleted or redacted form the document and the rest of the document shall be produced. 5. In the event that any document called for by this Request has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author; recipient; sender; subject matter; date prepared or received; date of disposal; person currently in possession of the document; and the person disposing of the document. 6. All objections to any category of documents to be produced pursuant to this Request or to any definition or instruction it contains shall be in writing and delivered to Plaintiffs’ counsel within the time provided in the Florida Rules of Civil Procedure or at such other time as is agreed upon by the parties or ordered by this Court. DEFINITIONS 1. “Document” as used herein shall be construed broadly to include all documents and things within the scope of the Florida Rules of Civil Procedure and refers to all writings or other graphic matter, as well as any other medium by which information is stored or recorded. It includes originals, drafts, copies and reproductions; and it includes, without limiting the generality of the foregoing, letters; memoranda; -2- COLE, SCOTT & KISSANE, P.A. 110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) reports and/or summaries of investigations; police reports; accident reports; opinions or reports of consultants; diagrams; marginal comments appearing on any documents; accounts; telegrams; electronic mail (e-mail), studies; lists of persons attending meetings or conferences; records or memoranda of telephone conversations; written statements; transcripts or recorded statements; recorded statements; records of personal conversations or interviews; calculations; computations; specifications; drawings; advertisements; circulars; trade letters; press releases; prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video tapes; computer tapes, cards, printouts and/or other computer/data based information; and all other things of like nature; and any and all containers, boxes or other receptacles or repositories housing or containing such "documents." 2. The term "communication" shall mean any transmission of information by any means, including, without limitation, by spoken language, written language, electronic transmission of data or any other means. The term "communication" shall include, without limitation, any copies of written information received by the person or entity responding to this Request, even if such person or entity is not the primary or direct addressee of such written information. 3. The term "referring" or "relating" shall mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing. 4. "You" and "your" refers to JOHN SPAIN, and his affiliates, partners, employees, agents and representatives. 5. "And" and "or" shall be construed conjunctively or disjunctively as necessary to make each request herein inclusive rather than exclusive. “Include(s)" and "including" shall be constructed to mean "without limitation." 6. "Person" means any natural person, firm, corporation, partnership, proprietorship, joint venture, organization, trust, group of natural persons or other association separately identifiable, whether or not such an association has a separate juridical existence in its own right. 7. When used in references to an individual person, "identify" or "identity" means to state his or her full name, date of birth, Social Security Number and present or -3- COLE, SCOTT & KISSANE, P.A. 110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) last known address and telephone number, and contemporaneous or last known position and business affiliation at the time in question. When used in reference to a business organization or entity other than an individual, "identify" or "identity" means to state its full name, its principal business address, and the nature of the organization (e.g., corporation, partnership). When used in reference to a document, "identify" or "identity" means to set forth its date, author, designated and actual recipients, type of document (e.g., report, memorandum), number of pages and the identity (as defined above) of its present or last known custodian. DOCUMENTS TO BE PRODUCED 1. All statements, written or recorded, taken from the parties or any witnesses pertaining to the incident in question. 2. Copies of any and all correspondences between Plaintiff and Defendants, their agents, employees and/or representatives. 3. All graphs, videos, charts, news clippings, and other documenting evidence relating to the incident in question or which depict the site of the alleged incident. 4. All documents that you relied upon in answering the Interrogatories served on you in this action. 5. All bills or statements for medical treatment, medications or other related items, the cost of which is claimed to have been incurred by the Plaintiff as a result of the injuries or conditions allegedly sustained in this case. 6. Any and all records of hospitals in which the Plaintiff has been a patient, or received treatment, allegedly as a result of the incident here involved; or, in the alternative, written authorization to obtain same (see attached). 7. Any and all photographs taken by the Plaintiff, Plaintiff's attorneys, investigators, agents, servants, or employees, before or after the incident referred to in the complaint, including, but not limited to, photographs which depict the allegedly defective condition of the property in question, or which are in any manner related to the subject matter of this lawsuit. 8. Copies of all medical reports received by Plaintiff, Plaintiffs attorneys, investigators, agents, servants, or employees, from any doctors, physicians, or -4- COLE, SCOTT & KISSANE, P.A. 110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX10. 11. 12. 13. 14, 15. 16. 17. 18. CASE NO.: CACE 16-022725 (04) anyone else who has rendered treatment to the Plaintiff for injuries allegedly incurred as a result of the accident which is the subject matter of this lawsuit. Copies of all medical reports received by Plaintiff, Plaintiffs attorneys, investigators, agents, servants or employees, from any doctor, physician, or member of the healing arts who has examined Plaintiff's physical or mental condition subsequent to the accident which is the subject matter of this lawsuit, and who may be called as a witness on behalf of the Plaintiff's at the trial of this cause. Copies of any and all documents evidencing payments from any collateral source or med pay coverage paid on your behalf for medical expenses. Copies of any and all documents evidencing payments from any collateral source paid on your behalf for lost income. Copies of any and all documents reflecting the notices required under F.S. § 768.76(6) or statements asserting a right of subrogation or reimbursement pursuant to § 768.76(7). All incident reports filed by Plaintiff for any purpose, including, but not limited to, reports to employer and/or insurance company regarding the incident, if applicable, and/or any other reports filled out by Plaintiff. Copies of any and all reports prepared by any expert you anticipate calling at the time of trial. Copies of the most recent and updated CV and/or resume of any expert you anticipate calling at the time of trial. Copies of all medical reports received by Plaintiff, Plaintiff's attorneys, investigators, agents, servants, or employees, from any doctors, physicians, or anyone else who has rendered treatment to the Plaintiff for any injuries, illnesses, diseases or sicknesses in which Plaintiffs received treatment and/or care from 2006 to the present, or in the alternative an executed authorization for such records (see attached). Any and all reports issued by a psychiatrist, psychologist or any other metal health counselor relative to the alleged injuries sustained by Plaintiff as a result of the subject incident, or in the alternative an executed authorization for such records (see attached). Any and all pay stubs, cancelled checks or other documentation relative to Plaintiff's wage loss alleged to have been suffered as a result of the subject incident. 5- COLE, SCOTT & KISSANE, P.A. 110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAX19. 20. 21. 22. 23. CASE NO.: CACE 16-022725 (04) Any documentation in Plaintiff's possession which supports the Plaintiff's allegation that Defendants were negligent. A copy of any police or fire rescue reports relative to the subject incident. Copies of Plaintiff's United States Income Tax Returns, W2s and 1099s for the following years: 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017. Laster, color copies of the front and back of Plaintiffs driver's license or identification cards if the Plaintiff is not a licensed driver. Laser, color copy of Plaintiff's entire current passport (cover to cover). -6- COLE, SCOTT & KISSANE, P.A. 110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXCASE NO.: CACE 16-022725 (04) CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 31% day of July, 2017, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Wayne S. Koppel, Esq., Koppel & Associates, P.A., service@koppellaw.net;wayne@koppellaw.net;cheree@koppellaw.net, 817 South University Drive, Suite 100, Plantation, FL 33324, (954) 370-7878/(954) 370-7849 (F), Attorney for Claimant, John Spain. COLE, SCOTT & KISSANE, P.A. Counsel for Defendants RIVERSTONE COMMUNITIES, LLC and ORANGE BLOSSOM MHP, LLC 110 Tower 110 S.E. 6th Street, Suite 2700 Fort Lauderdale, Florida 33301 Telephone (954) 703-3770 Facsimile (954) 703-3701 Primary e-mail: lindsay.west@csklegal.com Secondary e-mail: lindsay.west@csklegal.com Alternate e-mail: Elsa.Santos@csklegal.com By: _s/ Lindsay M. West LINDSAY M. WEST Florida Bar No.: 85572 LINDSAY M. WEST Florida Bar No.: 85572 0389.0058-00/7380872 -7- COLE, SCOTT & KISSANE, P.A. 110 TOWER 110 S.E. 6TH STREET, SUITE 2700 - FT. LAUDERDALE, FLORIDA 33301 (954) 703-3700 (954) 703-3701 FAXAUTHORIZATION TO DISCLOSE MEDICAL INFORMATION To: [Provider Name] [Provider Address] For informational purposes pertaining to civil litigation, I authorize and request the Custodian of Records at the above named entity to disclose to the agents or designees of the law firm of Cole, Scott & Kissane, P.A. any and all records containing protected health information (PHI) pertaining to This authorization should also be construed to permit agents or designees of Cole, Scott & Kissane, P.. ‘A, to copy, inspect and review any and all such records. Records containing (PHI) may include, but are not limited to: All medical records, physicians records, surgeon’s records, x-rays, CT scans, MRI films, photographs, and any other radiological, nuclear medicine, or radiation therapy films, pathology materials, slides, tissues, physicals and histories, laboratory reports, operating room records, discharge summaries, progress notes, patient intake forms, consultations, prescriptions, nurses’ notes, insurance records, consent for treatment statements of account, itemized bills, invoices and any other papers relating to any examination, diagnosis, treatment, periods of hospitalization, or stays of confinement. Unless revoked in writing this authorization shall be valid for one (1) year from the date of signature. In addition, a copy of this authorization may be used in place of and with the same force and effect as the original. Notice © The individual signing this authorization may request the entity provide them with both a copy of the authorization and a copy of the protected health information (PHI) to be disclosed. © The individual signing this authorization has the right to revoke this authorization at any time, provided the revocation is in writing, except to the extent that the entity has already relied upon this authorization to disclose protected health information (PHD. © This authorization only applies to protected health information already disclosed by the above named entity. This information could be re-disclosed by the receiving parties; in such case, the disclosed (PHI) will no longer be protected by the HIPPA Privacy Rule. e This authorization is in compliance with HIPAA regulations contained in 45 C.F.R. "164.512(e)(1), I, , have read the authorization and understand that it will permit the disclosure of (PHI) to be released to Cole, Scott & Kissane, P.A. Date: Signature D.O.B: SSN:Filing # 60755766 E-Filed 08/22/2017 04:33:45 PM EXHIBIT "B" IN THE CIRCUIT COURT OF THE 17' JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO, CACE16022725 DIVISION 04 Judge 04 Perlman, Sandra (04) UNIFORM TRIAL ORDER John Spain 17™ JUDICIAL CIRCUIT Plaintiff(s) / Petitioner(s) ORDER FOR PRETRIAL CONFERENCE AND v. CALENDAR CALL Riverstone Communities Llc Defendant(s) / Respondent(s) / TRIAL PERIOD Commencing 04-30-2018 . This isa (3_) week calendar. CALL OF THE CALENDAR AND PRETRIAL CONFERENCE: 94-20-2018 at 9:30 AM 3 DAYS/ VXBERS X__ JURY NON-JURY THE ORDER OF TRIALS set during this period will be determined at the CALENDAR CALL. You are subject to being called to commence trial during any part of the above noted trial period. Failure of any party to attend the pretrial conference and calendar call may result in either the case being dismissed or a default being entered. The court has determined this case is ready for trial pursuant to Fla. R. Civ. P. 1.440. The case is set for trial before the undersigned Judge in Courtroom __16155__, Broward County Courthouse, 201 S.E. 6th Street, Fort Lauderdale, Florida as stated above. You are advised your case may be placed into the 17‘ Circuit's “Civil Trial Pool” and is subject to being called for trial before any circuit civil judge. If placed in the Civil Trial Pool, you MUST be prepared to proceed to trial if called. ONLY the division judge or administrative judge of the civil division may grant a continuance of any case placed in the Civil Trial Pool. EXHIBIT " Page 1 of 6The following requirements are imposed on all parties by the Court: L Mm. ls Ne NO LATER THAN NINETY (90) DAYS PRIOR TO TRIAL - EXPERT WITNESSES DISCLOSURE (Filed with the Clerk and served on all counsel) The parties shall furnish opposing counsel with the names and addresses, along with complete and updated curriculum vitae of all expert witnesses to be called at trial; and all information regarding expert testimony that is required by Fla. R. Civ. P. 1.280 (b)(4)(A); and shall furnish opposing counsel with two (2) alternative dates of availability of all expert witnesses for the purpose of taking their deposition. Both sides shall cooperate in the scheduling of such expert depositions. NO LATER THAN SIXTY (60) DAYS PRIOR TO TRIAL - MEDICAL EVALUATIONS: All medical evaluations and other examinations pursuant to Fla. R. Civ. P. 1.360 shall have been completed. NO LATER THAN _FORTY- FIVE (45) DAYS PRIOR TO TRIAL: _ All final discovery shall have been initiated. TEN (10) DAYS PRIOR TO TRIAL: All pretrial discovery, including discovery depositions or testimony preserved by video of witnesses or experts to be used at trial, shall have been completed. Any motions in limine, shall be filed and served upon opposing counsel. AT_THE TIME OF THE ABOVE NOTICED PRETRIAL CONFERENCE / CALENDAR CALL, the Joint Pretrial Stipulation must be completed and timely filed with the Clerk with a copy provided to the undersigned judge. At the time of the pretrial conference/calendar call the parties shall be prepared to discuss all items set fort in Fla R. Civ. P. 1.200(b). THE JOINT PRETRIAL STIPULATION MUST CONTAIN IN SEPARATELY NUMBERED PARAGRAPHS: [A joint pretrial stipulation contemplates a single document. It requires that all agreed matters be fully identified, and any disputed matters be specifically delineated with respect to each party]: Statement of the Facts: A concise, impartial statement of the facts of the case. Stipulated Facts: A list of those facts that can be stipulated and require no proof at the trial. Statements of Disputed Law & Fact: Those issues of law and fact that are to be tried. Exhibit Lists: Each party shall separately list all exhibits they intend to introduce into evidence. Each item shall be listed by number and description on a separate Page 2 of 6schedule attached to the stipulation. Each exhibit shall be specifically described. Generic descriptions of exhibits are subject to being stricken. Counsel shall initial each other’s exhibit list and exhibits. All exhibits to be offered in evidence at trial shall have been made available to opposing counsel for examination and initialing. Only those exhibits listed and initialed may be offered in evidence. If any party objects to the introduction of any such exhibit, such objection must be stated in the stipulation, setting forth the grounds with specificity. Demonstrative exhibits (e.g. charts, enlargements of exhibits) to be used at a jury trial must be displayed to all counsel before being shown to the jury. 5. Witness Lists: Parties shall attach and furnish counsel with a written list in alphabetical order containing the names and addresses of all witnesses (‘rebuttal”, “impeachment” or otherwise) intended to be called at trial. Only those witnesses listed shall be permitted to testify. All witness lists shall include a brief description of the substance and scope of the testimony to be elicited from such witness. All expert witnesses and their specialties shall be designated. If any party objects to any witness, such objection must be stated in the stipulation, setting forth the grounds with specificity. At trial, all parties shall be strictly limited to witnesses properly and timely disclosed. 6. Jury Instructions: If the trial is a jury trial counsel shall identify all agreed upon standard instructions and all special instructions. Any disputed jury instructions shall be attached and identified as to the party that proposed the instruction. Copies of all agreed upon instructions or disputed instructions shall be attached to the stipulation, along with copies of supporting statutory citations and/or case law. 7. Verdict Forms: If the trial is a jury trial the jury verdict form shall be attached and designated as agreed to or disputed. Agreed and/or disputed verdict forms shall be attached. 8. Peremptory Challenges: If the trial is a jury trial, state the number of peremptory challenges for each party. 9. Pending Motions: Set forth a list of all pending motions with copies attached to the pretrial stipulation. To the extent the court has time prior to commencement of the trial; all pending motions will be heard or set for hearing at the above- noticed pre-trial conference. All parties shall be fully prepared to present legal argument for all pending motions at the pretrial conference. 10. Trial Estimate: Each party shall provide an estimate of the number of days of trial for its side. 11. Daubert issues. All DAUBERT related issues involving any requests for hearings on DAUBERT related evidence shall be noticed and heard - or agreed to by the parties - no later than (30) days prior to the trial period. FAILURE TO DO SO SHALL CONSTITUTE A WAIVER OF ANY DAUBERT RELATED EVIDENCE ISSUE. It is within the discretion of the court to remove any case for trial with pending DAUBERT issues. Page 3 of 6Vu. VIII. Ix. NO LATER THAN TEN (10) DAYS prior to the trial period set forth above the following shall be completed or heard by the Court: 1. Depositions to preserve testimony of any witness, including experts, shall have been completed; 2. All pretrial motions, depositions or proceedings related thereto and MOTIONS IN LIMINE: All motions to exclude witnesses or evidence of other motions directed to the conduct of the trial for which grounds then exist must be filed and heard prior to commencement of the trial. MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the calendar call, pretrial conference or at the time of trial. SETTLEMENT: Counsel shall immediately notify this Court in the event of settlement and submit a stipulation for and order of dismissal. Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the settlement. THE PARTIES ARE CAUTIONED REGARDING THE FOLLOWING POLICIES OF THE COURT: The parties shall do all things reasonable and necessary to assure the availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Rules of Civil Procedure. See Rules 1.300 and 1.460 Fla.R.Civ.P. and Rule 2.545 of the Florida Rules of Judicial Administration. CONTINUANCES will only be considered on written motion prior to calendar call. NO CONTINUANCES will be granted for reasons that should have been readily apparent to counsel when the trial order was received or expert witnesses are unavailable since testimony may be preserved by deposition. Continuances requested for reasons relating to failure to follow this Order will not be granted. THE REQUIREMENTS OF THIS PRETRIAL ORDER CANNOT BE WAIVED BY STIPULATION. The parties and counsel should be familiar with Fla.R.Civ.P 1.380 regarding “Failure to Make Discovery: Sanctions”, and, Fla. Stat., §57.105, entitled “Attorney’s Fee; sanctions for raising unsupported claims or defenses; service of motions; damages for delay of litigation.” The court may impose sanctions for failure to comply with the requirements of this pretrial order including dismissal of the action. FAILURE TO ATTEND, FAILURE TO FOLLOW TIME REQUIREMENTS OR FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN THE Page 4 of 6DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS INCLUDING STRIKING OF THE PLEADINGS. 6. MEDIATION IS MANDATORY: Mediation shall commence no later than (60) days prior to the calendar call. The parties shall comply with Fla. R. Civ. P. 1.700, 1.710, 1.720, and 1.730 as to the conduct of mediation. Plaintiffs counsel is appointed lead counsel to facilitate and schedule the settlement conference with the mediator and all parties. The court appoints: CAREY M. FISCHER 800 SE THIRD AVENUE SUITE 400 FORT LAUDERDALE FL 33316 fischlaw1@aol.com 954-524-3553 as Mediator, unless, within (30) days of this order the parties choose a different mediator. Failure to attend mediation may result in sanctions. 7. At trial, there will only be one official record transcribed by one court reporter. Plaintiff is responsible for arranging for a court reporter unless otherwise agreed. If a conflict exists, the parties must resolve such conflict among themselves prior to trial. Pursuant to Florida Rule of Judicial Administration 2.516 (h) (1) the court directs the attorney or self-represented party scheduling this case for trial to serve a copy of this order on any self-represented party and file with the clerk of court a certificate of service certifying the self-represented party was served with this order. The certificate of service shall be in compliance with Rule 2.516 (f). ORDERED and ADJUDGED at Fort Lauderdale, Florida on 08-22-2017 cate 160se72Sb8-de-2017-4-34 PM CACE16022725 08-22-2017 4:34 PM CIRCUIT JUDGE Copies furnished to counsel of record If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Diana Sobel, Room 20140, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Page 5 of 6Copies Furnished to: genevieve.rupelli@csklegal.com tiffany. gomez@csklegal.com wayne@koppellaw.net fischlaw1@aol.com elsa.santos@csklegal.com cheree@koppellaw.net lindsay.west@csklegal.com Page 6 of 6EXHIBIT Theresa Jackson From: Lindsay M. West Sent: Wednesday, September 06, 2017 9:02 AM To: ‘Wayne S. Koppel’ Ce: ‘cheree@koppellaw.net’ Subject: Claim No. 112860 Viohn Spain v. Orange Blossom Mobile Home Park, LLC) CSK File: 0389.0058-00: Hi Mr. Koppel — | hope you are well. | show Plaintiff’s responses to our Request for Production and Interrogatories are outstanding. Please advise as to the status of these responses. Sincerely, Lindsay EXHIBIT