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Filing # 50753472 E-Filed 01/04/2017 01:55:20 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
KHAI NGUYEN, individually, and as CASE NO.: CACE-14-014218 Div: 04
Personal Representative of the Estate of MAI
TUYET NGUYEN, deceased, and on behalf
of KRISTEN HUYNH, KYLIE NGUYEN,
KADEN NGUYEN, the surviving children of
MAI TUYET NGUYEN, and as the natural
parent of KADEN NGUYEN, a minor,
Plaintiffs,
Vv.
PLANTATION GENERAL HOSPITAL, L.P.
d/b/a PLANTATION GENERAL
HOSPITAL, ALEX BIRMAN, M.D.,
SUNLIFE OB/GYN SERVICES OF FT.
LAUDERDALE, P.A., GEORGES
EDOUARD, M.D., GEORGES EDOUARD,
MLD., P.A. d/b/a PLANTATION PAVILION
OB/GYN, MELISSA MACHAN, ARNP,
ROBERTA SANTINI, M.D., DORI
RATHBUN, FLORIDA UNITED
RADIOLOGY, L.C.,
Defendants.
/
PLAINTIFFS’ RESPONSE TO DEFENDANT, PLANTATION GENERAL HOSPITAL
LIMITED PARTNERSHIP d/b/a/ PLANTATION GENERAL HOSPITAL’, EXPERT
WITNESS PRETRIAL REQUEST TO PRODUCE
COME NOW Plaintiffs, KHAI NGUYEN, individually, and as Personal Representative
of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH,
KYLIE NGUYEN, KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN, and
as the natural parent of KADEN NGUYEN, a minor, by and through the undersigned counsel,
hereby gives response to Defendant, PLANTATION GENERAL HOSPITAL LIMITED
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/4/2017 1:55:19 PM.****PARTNERSHIP d/b/a/ PLANTATION GENERAL HOSPITAL, Expert Witness Pretrial
Request to Produce, and states as follows:
GENERAL OBJECTION: Plaintiffs and their counsel object to the attempt to circumvent the
requirements of Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non-
party) without providing the requisite showing required pursuant to Rule 1.280(b)(4). Rules
1.280(b)(4) and (5) Fla.R.Civ.P. Specifically, Rule 1.280(b)(5) states:
(5) Trial Preparation: Experts. Discovery of facts known and
opinions held by experts, otherwise discoverable under the
provisions of subdivision (b)(1) of this rule and acquired or
developed in anticipation of litigation or for trial, may be obtained
only as follows:
(A) (i) By interrogatories a party may require any other party to
identify each person whom the other party expects to call as an
expert witness at trial and to state the subject matter on which the
expert is expected to testify, and to state the substance of the facts
and opinions to which the expert is expected to testify and a
summary of the grounds for each opinion.
(ii) Any person disclosed by interrogatories or otherwise as a
person expected to be called as an expert witness at trial may be
deposed in accordance with rule 1.390 without motion or order of
court.
Fla.R.Civ.P. Rule 1.280(b)(5) [emphasis added]
As such, the information sought in these requests may be sought ONLY as prescribed in the rule
which mandates that the opposing party must first seek information other than basic information
(Fla.R.Civ.P. 1.280(b)(5)(A)(i) — not requested in these interrogatories) from the disclosed expert
via deposition. If there is a problem which requires the opposing party to seek the information from
another source, including obtaining information from undersigned counsel, opposing counsel are
then required to present the requisite showing. The Florida Rules of Civil Procedure state in
relevant part:
(4) Trial Preparation: Materials. Subject to the provisions of
subdivision (b)(5) of this rule, a party may obtain discovery of
documents and tangible things otherwise discoverable under
subdivision (b)(1) of this rule and prepared in anticipation of
litigation or for trial by or for another party or by or for that party’s
representative, including that party’s attorney, ... , only upon a
showing that the party seeking discovery has need of the materials
in the preparation of the case and is unable without undue hardship
to obtain the substantial equivalent of the materials by other
means.
Fla.R.Civ.P, Rule 1.280(b)(4) [emphasis added]Counsel has failed to attempt to seek information via the prescribed method and has otherwise failed
to demonstrate a need to deviate from the mandated procedures with respect to work product
prepared by counsel or retained experts for this matter and other seeks privileged communications
and information in this and other cases without following proper procedures or presenting the
requisite showing that the method has been frustrated or there is other undue hardship involved in
following the prescribed procedure. See also, Fla.R.Civ.P. 1.280(b)(5)(C) (requiring opposing
counsel to pay experts for providing the information sought in these interrogatories). The only
proper method of securing the information sought in these requests is to first seek to obtain them
from disclosed experts. Failure to do so, and attempts to circumvent the rules, violates the mandate
set out in the Florida Rules of Civil Procedure (2012).
Moreover, the requests are vague, overly broad, unduly burdensome and seck information
that is not relevant or reasonably calculated to lead to the discovery of admissible evidence. Also,
the request is so overbroad as to include work product and information and materials prepared in
anticipation of litigation in other matters and the instant matter, which are privileged from
disclosure.
1. Please see attached Curriculum Vitae or resume of each expert witness attached,
which was also provided with the Plaintiffs’ Expert Witness Disclosure List.
2. Medical records, deposition transcripts, all of which have been previously provided
and are equally available to all Defendants. However, Plaintiffs are willing to provide
copies upon specific request and pre-payment.
3. Please see attached Curriculum Vitae or resume of each expert witness attached,
which was also provided with the Plaintiffs’ Expert Witness Disclosure List.
4. None at this time
5. Plaintiffs and their counsel object to the attempt to circumvent the requirements of
Rule 1,280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non-
party) without providing the requisite showing required pursuant to Rule 1.280(b)(4).
Rules 1.280(b)(4) and (5) Fla.R.Civ.P, See also General Objection. Notwithstanding
objection, additional information is best sought during expert depositions.
6. Plaintiffs and their counsel object to the attempt to circumvent the requirements of
Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non-
party) without providing the requisite showing required pursuant to Rule 1.280(b)(4).
Rules 1.280(b)(4) and (5) Fla.R.Civ.P. See also General Objection. Notwithstanding
objection, additional information is best sought during expert depositions.
7. Plaintiffs and their counsel object to the attempt to circumvent the requirements of
Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non-
party) without providing the requisite showing required pursuant to Rule 1.280()(4).
Rules 1.280(b)(4) and (5) Fla.R.Civ.P. See also General Objection. Notwithstanding
objection, additional information is best sought during expert depositions.
8. Plaintiffs and their counsel object to the attempt to circumvent the requirements of
Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non-party) without providing the requisite showing required pursuant to Rule 1.280(b)(4).
Rules 1.280(b)(4) and (5) Fla.R.Civ.P. See also General Objection. Notwithstanding
objection, additional information is best sought during expert depositions.
9. Plaintiffs and their counsel object to the attempt to circumvent the requirements of
Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non-
party) without providing the requisite showing required pursuant to Rule 1.280(b)(4).
Rules 1.280(b)(4) and (5) Fla.R.Civ.P. See also General Objection. Notwithstanding
objection, additional information is best sought during expert depositions.
10. Undetermined at this time.
11. Plaintiffs have not yet determined which exhibits, if any, will be used in trial.
Plaintiffs will comply with any and all trial orders.
12. Objection, this request is subject to work- product privilege. See also General
Objection.
Plaintiffs reserve right to amend and/or supplement responses.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via service through the e-filing portal to all counsel on the attached counsel list this Ba day of
January, 2017.
a ZL G Ko
/ a SE LE. oc)
Carlos Diez-Arguelles
FBN: 0500569
Christopher E, Doran
FBN:137022
Diez-Arguelles & Tejedor, P.A.
505 North Mills Avenue
Orlando, Florida 32803
407-705-2880
Attorneys for Plaintiff
mail@theorlandolawyers.com
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Filing # 50753472 E-Filed 01/04/2017 01:55:20 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA KHAI NGUYEN, individually, and as CASE NO.: CACE-14-014218 Div: 04 Personal Representative of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN, and as the natural parent of KADEN NGUYEN, a minor, Plaintiffs, Vv. PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL, ALEX BIRMAN, M.D., SUNLIFE OB/GYN SERVICES OF FT. LAUDERDALE, P.A., GEORGES EDOUARD, M.D., GEORGES EDOUARD, MLD., P.A. d/b/a PLANTATION PAVILION OB/GYN, MELISSA MACHAN, ARNP, ROBERTA SANTINI, M.D., DORI RATHBUN, FLORIDA UNITED RADIOLOGY, L.C., Defendants. / PLAINTIFFS’ RESPONSE TO DEFENDANT, PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP d/b/a/ PLANTATION GENERAL HOSPITAL’, EXPERT WITNESS PRETRIAL REQUEST TO PRODUCE COME NOW Plaintiffs, KHAI NGUYEN, individually, and as Personal Representative of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN, and as the natural parent of KADEN NGUYEN, a minor, by and through the undersigned counsel, hereby gives response to Defendant, PLANTATION GENERAL HOSPITAL LIMITED *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/4/2017 1:55:19 PM.****PARTNERSHIP d/b/a/ PLANTATION GENERAL HOSPITAL, Expert Witness Pretrial Request to Produce, and states as follows: GENERAL OBJECTION: Plaintiffs and their counsel object to the attempt to circumvent the requirements of Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non- party) without providing the requisite showing required pursuant to Rule 1.280(b)(4). Rules 1.280(b)(4) and (5) Fla.R.Civ.P. Specifically, Rule 1.280(b)(5) states: (5) Trial Preparation: Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision (b)(1) of this rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: (A) (i) By interrogatories a party may require any other party to identify each person whom the other party expects to call as an expert witness at trial and to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (ii) Any person disclosed by interrogatories or otherwise as a person expected to be called as an expert witness at trial may be deposed in accordance with rule 1.390 without motion or order of court. Fla.R.Civ.P. Rule 1.280(b)(5) [emphasis added] As such, the information sought in these requests may be sought ONLY as prescribed in the rule which mandates that the opposing party must first seek information other than basic information (Fla.R.Civ.P. 1.280(b)(5)(A)(i) — not requested in these interrogatories) from the disclosed expert via deposition. If there is a problem which requires the opposing party to seek the information from another source, including obtaining information from undersigned counsel, opposing counsel are then required to present the requisite showing. The Florida Rules of Civil Procedure state in relevant part: (4) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(5) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that party’s representative, including that party’s attorney, ... , only upon a showing that the party seeking discovery has need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means. Fla.R.Civ.P, Rule 1.280(b)(4) [emphasis added]Counsel has failed to attempt to seek information via the prescribed method and has otherwise failed to demonstrate a need to deviate from the mandated procedures with respect to work product prepared by counsel or retained experts for this matter and other seeks privileged communications and information in this and other cases without following proper procedures or presenting the requisite showing that the method has been frustrated or there is other undue hardship involved in following the prescribed procedure. See also, Fla.R.Civ.P. 1.280(b)(5)(C) (requiring opposing counsel to pay experts for providing the information sought in these interrogatories). The only proper method of securing the information sought in these requests is to first seek to obtain them from disclosed experts. Failure to do so, and attempts to circumvent the rules, violates the mandate set out in the Florida Rules of Civil Procedure (2012). Moreover, the requests are vague, overly broad, unduly burdensome and seck information that is not relevant or reasonably calculated to lead to the discovery of admissible evidence. Also, the request is so overbroad as to include work product and information and materials prepared in anticipation of litigation in other matters and the instant matter, which are privileged from disclosure. 1. Please see attached Curriculum Vitae or resume of each expert witness attached, which was also provided with the Plaintiffs’ Expert Witness Disclosure List. 2. Medical records, deposition transcripts, all of which have been previously provided and are equally available to all Defendants. However, Plaintiffs are willing to provide copies upon specific request and pre-payment. 3. Please see attached Curriculum Vitae or resume of each expert witness attached, which was also provided with the Plaintiffs’ Expert Witness Disclosure List. 4. None at this time 5. Plaintiffs and their counsel object to the attempt to circumvent the requirements of Rule 1,280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non- party) without providing the requisite showing required pursuant to Rule 1.280(b)(4). Rules 1.280(b)(4) and (5) Fla.R.Civ.P, See also General Objection. Notwithstanding objection, additional information is best sought during expert depositions. 6. Plaintiffs and their counsel object to the attempt to circumvent the requirements of Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non- party) without providing the requisite showing required pursuant to Rule 1.280(b)(4). Rules 1.280(b)(4) and (5) Fla.R.Civ.P. See also General Objection. Notwithstanding objection, additional information is best sought during expert depositions. 7. Plaintiffs and their counsel object to the attempt to circumvent the requirements of Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non- party) without providing the requisite showing required pursuant to Rule 1.280()(4). Rules 1.280(b)(4) and (5) Fla.R.Civ.P. See also General Objection. Notwithstanding objection, additional information is best sought during expert depositions. 8. Plaintiffs and their counsel object to the attempt to circumvent the requirements of Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non-party) without providing the requisite showing required pursuant to Rule 1.280(b)(4). Rules 1.280(b)(4) and (5) Fla.R.Civ.P. See also General Objection. Notwithstanding objection, additional information is best sought during expert depositions. 9. Plaintiffs and their counsel object to the attempt to circumvent the requirements of Rule 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non- party) without providing the requisite showing required pursuant to Rule 1.280(b)(4). Rules 1.280(b)(4) and (5) Fla.R.Civ.P. See also General Objection. Notwithstanding objection, additional information is best sought during expert depositions. 10. Undetermined at this time. 11. Plaintiffs have not yet determined which exhibits, if any, will be used in trial. Plaintiffs will comply with any and all trial orders. 12. Objection, this request is subject to work- product privilege. See also General Objection. Plaintiffs reserve right to amend and/or supplement responses. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via service through the e-filing portal to all counsel on the attached counsel list this Ba day of January, 2017. a ZL G Ko / a SE LE. oc) Carlos Diez-Arguelles FBN: 0500569 Christopher E, Doran FBN:137022 Diez-Arguelles & Tejedor, P.A. 505 North Mills Avenue Orlando, Florida 32803 407-705-2880 Attorneys for Plaintiff mail@theorlandolawyers.com