On December 04, 2015 a
Party Discovery
was filed
involving a dispute between
Orthopedic & Spine Center Of South Florida Llc,
Orthopedic & Spine Ctr Of South Florida,
Two And Two Llc,
Universal Mediquip, Llc,
and
Gunter, David,
Kaplan & Sconzo Pa,
Todd Cash Alofs,
Todd Cash Alofs Pa,
for Contract and Indebtedness
in the District Court of Broward County.
Preview
Filing # 44627375 E-Filed 07/29/2016 05:28:09 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ONE AND ONE, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF
HOLLYWOOD, ORTHOPEDIC & SPINE
CENTER OF SOUTH FLORIDA, LLC
d/b/a NEUROSURGICAL ASSOCIATES
OF SOUTH FLORIDA, ORTHOPEDIC &
SPINE CENTER OF SOUTH FLORIDA LLC,
and UNIVERSAL MEDIQUIP, LLC,
Plaintiffs,
vs. CASE NO.: CACE15-021427
TODD CASH ALOFS d/b/a THE ALOFS LAW
FIRM, TODD CASH ALOFS, P.A., KAPLAN &
SCONZO, P.A., and DAVID GUNTER,
Defendants.
/
PLAINTIFF, ONE AND ONE, LLC d/b/a COMPLETE REHA!
CENTER OF HOLLYWOOD, FIRST REQUEST FOR ADMISSIONS TO
DE
DEFENDANT, DAVID GUNTER
COMES NOW, the Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD, by and through its undersigned counsel and pursuant
to Rule 1.370, Florida Rules of Civil Procedure, hereby requests that Defendant, DAVID
GUNTER, admit or deny the following within thirty (30) days hereof:
1. Admit that you entered into the Letter of Protection attached to the Second
Amended Complaint and marked as Exhibit “A.”
2. Admit that you received a copy of the Plaintiff's outstanding medical bill for the
medical services and/or goods you received and which is attached to the Second Amended
Complaint and marked as Exhibit “D.”
3. Admit that you agreed to subordinate your entitlement to any recovery from the
Underlying Tort Action to the interest of the Plaintiff.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/29/2016 5:28:09 PM.****4, Admit that you owe Plaintiff $450.00 for the medical care and treatment rendered
to you.
5. Admit that you are directly and fully responsible to Plaintiff for all medical bills
submitted for services rendered to you by the Plaintiff.
6. Admit that you understood your obligations for payment to Plaintiff was not
contingent on any settlement judgment or verdict.
7. Admit that prior to disbursal of the proceeds of settlement of the Underlying Tort
Action, you knew you had outstanding medical bills with Plaintiff.
8. Admit that the charges reflected on Exhibit “D” of the Second Amended
Complaint are fair and reasonable.
9. Admit that at no time prior to entry of the settlement of the Underlying Tort Action,
did anyone contest the reasonableness of the charges reflected on Exhibit “D” of the Second
Amended Complaint.
10. | Admit that you were obligated to pay Plaintiff out of the settlement proceeds of the
Underlying Tort Action.
11. Admit that you and/or your attorneys submitted the invoice which is attached as
Exhibit “D” to the Second Amended Complaint to the insurance company and/or defense in the
Underlying Tort Action in order to induce the defense to pay for your damages.
12. Admit that at no time did you or your attorneys advise the defense in the Underlying
Tort Action that the Plaintiff's charges were not fair and reasonable.
13. Admit that proceeds of your settlement of the Underlying Tort Action have been
disbursed.
14. Admit that you knew Plaintiffs outstanding medical bills had not been paid.15. Admit that you did not pay the Plaintiff's outstanding medical bills.
16. | Admit that the non-payment of Plaintiff's invoice constitutes a breach of your
agreement with Plaintiff.
Dated: July 29, 2016
SPYREDES LAW FIRM, P.A.
4400 North Federal Hwy., Suite 408
Boca Raton, Florida 33431
Tel: 561-405-9000; Fax: 561-221-6730
Designated Emails:
Primary: ServiceDocuments@spylaw.net
Secondary: monica(@/spylaw.net
/s! Sheena D. Smith
Anastasios Tom Spyredes, Esq.
Florida Bar No.: 0044740
Sheena D. Smith, Esq.
Florida Bar No.: 118919
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that, on this 29th day of July, 2016, a true and correct copy of
the foregoing has been electronically filed with the Clerk of Court via Florida Courts E-Filing
Portal and served as pursuant to Florida Rule of Judicial Administration 2.516, to:
Scott S. Warburton, Esq.
Richard K. Slinkman, Esq.
David Gunter, Pro Se
swarburton@adamscoogler.com
bschultz@adamscoogler.com
wrivera@adamscoogler.com
rich@isswlawfl.com
ennie@sswlawfl.com
dpgunter(@me.com
Anastasios Tom Spyredes, Esq.
Florida Bar No.: 0044740
Sheena D. Smith, Esq.
Florida Bar No.: 118919
Preview
Filing # 44627375 E-Filed 07/29/2016 05:28:09 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA LLC, and UNIVERSAL MEDIQUIP, LLC, Plaintiffs, vs. CASE NO.: CACE15-021427 TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, TODD CASH ALOFS, P.A., KAPLAN & SCONZO, P.A., and DAVID GUNTER, Defendants. / PLAINTIFF, ONE AND ONE, LLC d/b/a COMPLETE REHA! CENTER OF HOLLYWOOD, FIRST REQUEST FOR ADMISSIONS TO DE DEFENDANT, DAVID GUNTER COMES NOW, the Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, by and through its undersigned counsel and pursuant to Rule 1.370, Florida Rules of Civil Procedure, hereby requests that Defendant, DAVID GUNTER, admit or deny the following within thirty (30) days hereof: 1. Admit that you entered into the Letter of Protection attached to the Second Amended Complaint and marked as Exhibit “A.” 2. Admit that you received a copy of the Plaintiff's outstanding medical bill for the medical services and/or goods you received and which is attached to the Second Amended Complaint and marked as Exhibit “D.” 3. Admit that you agreed to subordinate your entitlement to any recovery from the Underlying Tort Action to the interest of the Plaintiff. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/29/2016 5:28:09 PM.****4, Admit that you owe Plaintiff $450.00 for the medical care and treatment rendered to you. 5. Admit that you are directly and fully responsible to Plaintiff for all medical bills submitted for services rendered to you by the Plaintiff. 6. Admit that you understood your obligations for payment to Plaintiff was not contingent on any settlement judgment or verdict. 7. Admit that prior to disbursal of the proceeds of settlement of the Underlying Tort Action, you knew you had outstanding medical bills with Plaintiff. 8. Admit that the charges reflected on Exhibit “D” of the Second Amended Complaint are fair and reasonable. 9. Admit that at no time prior to entry of the settlement of the Underlying Tort Action, did anyone contest the reasonableness of the charges reflected on Exhibit “D” of the Second Amended Complaint. 10. | Admit that you were obligated to pay Plaintiff out of the settlement proceeds of the Underlying Tort Action. 11. Admit that you and/or your attorneys submitted the invoice which is attached as Exhibit “D” to the Second Amended Complaint to the insurance company and/or defense in the Underlying Tort Action in order to induce the defense to pay for your damages. 12. Admit that at no time did you or your attorneys advise the defense in the Underlying Tort Action that the Plaintiff's charges were not fair and reasonable. 13. Admit that proceeds of your settlement of the Underlying Tort Action have been disbursed. 14. Admit that you knew Plaintiffs outstanding medical bills had not been paid.15. Admit that you did not pay the Plaintiff's outstanding medical bills. 16. | Admit that the non-payment of Plaintiff's invoice constitutes a breach of your agreement with Plaintiff. Dated: July 29, 2016 SPYREDES LAW FIRM, P.A. 4400 North Federal Hwy., Suite 408 Boca Raton, Florida 33431 Tel: 561-405-9000; Fax: 561-221-6730 Designated Emails: Primary: ServiceDocuments@spylaw.net Secondary: monica(@/spylaw.net /s! Sheena D. Smith Anastasios Tom Spyredes, Esq. Florida Bar No.: 0044740 Sheena D. Smith, Esq. Florida Bar No.: 118919 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that, on this 29th day of July, 2016, a true and correct copy of the foregoing has been electronically filed with the Clerk of Court via Florida Courts E-Filing Portal and served as pursuant to Florida Rule of Judicial Administration 2.516, to: Scott S. Warburton, Esq. Richard K. Slinkman, Esq. David Gunter, Pro Se swarburton@adamscoogler.com bschultz@adamscoogler.com wrivera@adamscoogler.com rich@isswlawfl.com ennie@sswlawfl.com dpgunter(@me.com Anastasios Tom Spyredes, Esq. Florida Bar No.: 0044740 Sheena D. Smith, Esq. Florida Bar No.: 118919