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Filing # 34969998 E-Filed 11/30/2015 04:57:00 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR PASCO COUNTY, FLORIDA
PROBATE DIVISION
IN RE: GUARDIANSHIP OF CASE: 2010-GA-0021-GAAX-WS
HILARY NGUYEN SECTION: J
/
ATTORNEY MARIA TEJEDOR’S SWORN MOTION IN COMPLIANCE WITH THIS
COURT’S NOVEMBER 17, 2015 ORDER, MOTION TO SET ASIDE AND/OR VACATE
NOVEMBER 17, 2015 ORDER, MOTION FOR SANCTIONS AGAINST RICHARD C.
WILLIAMS, JR., ESQUIRE, FOR IMPROPER EX PARTE COMMUNICATIONS WITH
THE COURT, AND MOTION TO DISQUALIFY THE HONORABLE PHILIPPE
MATTHEY
COMES NOW, undersigned counsel Maria D. Tejedor (variously, “undersigned” or
“Tejedor”), on behalf of herself and her Law Firm, Diez-Arguelles & Tejedor, P.A., and moves
this Court to set aside and/or vacate its November 17, 2015 Order, by which the Court directed the
undersigned to refund $5,100.00 to the Guardianship of Hilary Nguyen, or, alternatively, respond
to an Order to Show Cause. Tejedor further requests that this Court impose sanctions against
attorney Richard C. Williams, Jr. (“Williams”), in the form of attorney’s fees and costs, and for
his improper ex parte communications with the Court, and she moves for the disqualification
and/or recusal of The Honorable Philippe Matthey. These Motions are made and based upon the
following:
1, Attorney Tejedor, of Diez-Arguelles & Tejedor, P.A., represented Hilary Nguyen, by and
through her parent/guardian Nga Nguyen in a complex medical malpractice case. A settlement of
the case, for a confidential amount, was reached in or around January of 2012. See, Attached
Affidavit of Maria D. Tejedor, 3, Exh. “A” hereto.
2. Medicaid intervened in the underlying medical malpractice case, asserting a lien in the
approximate amount of $430,000.00 against the settlement proceeds. /d. at { 4. Attorney Tejedor
1
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/30/2015 4:57:00 PM.****litigated the validity of the Medicaid lien on behalf of Hilary Nguyen (through her parent Nga
Nguyen). Litigation of the lien issue required the expenditure of a significant amount of time for
attorney Tejedor, required the undersigned’s attendance at numerous hearings, and required an
hours-long evidentiary hearing before The Honorable Stanley Mills. Jd. at | 4.
3. In accordance with the terms of the contract for legal representation entered into by Nga
Nguyen, on behalf of the minor Hilary Nguyen, which contract covered litigation of the medical
malpractice action and all related matters, including the Medicaid lien, costs advanced by Diez-
Arguelles & Tejedor, P.A. in litigation were to be reimbursed to attorneys out of any settlement,
or other, proceeds of the case(s). See, Exh. “A,” 95. Costs incurred and/or paid subsequent to
settlement of the medical malpractice case included a $5,000 payment to Dr. Cullen and a $2,500
payment to Armando Payas. See, Exh. “A,” | 4; see also, copies of checks written to, respectively,
Cullen and Payas, Exh. “B” hereto.
4. Following finalization of, and approval by the Judge Stanley Mills of, settlement of
underlying litigation, proceeds of which were allocated 50% to Nga Nguyen and 50% to the minor
Hilary Nguyen, issues arised concerning Nga Nguyen’s use of settlement funds; the within probate
matter was opened to address these issues. Jd. at § 6. It is noted that, at the time that this matter
was opened, all agreements concerning attorneys’ fees and reimbursement of costs advanced, had
already been approved by Judge Stanley Mills. Jd.; see also, Order attached at Exh. “C.”
5. In connection with this Probate matter, Nga Nguyen retained attorney Williams. See, Exh.
“A” at ¥ 7. In the course of his representation, Williams contacted attorney Tejedor numerous
times to seek her assistance with, and clarification of, various issues. Attorney Tejedor gave
generously of her time, engaged in a number of telephone conferences with Williams, provided
Williams with copies of all relevant documents from the underlying case, including the ClosingStatement, explained to him, in detail, allocation of settlement funds, annuity payments issues, the
special needs trust process, the necessity of the special needs trust, and the home’s allocation to
Nga Nguyen. /d.; see also, correspondence attached hereto at Exh. “D.”
6. In the course of their communications, Williams inquired about $5,100 for which he could
not account. Exh. “A” at J 8. Tejedor explained to him that the amount of $5,100 had likely been
retained by undersigned counsel to cover projected additional costs. Jd.
7. Williams asked that Tejedor appear at the November 17, 2015 Case Status Conference
before this Court. /d. at 19. Williams told Tejedor that her presence was requested solely to assist
Williams explain to this Court the allocation of the settlement money from the medical malpractice
case, and the reasons underlying the allocation of the home to the parent, rather than to the minor.
Id. Tejedor believed that the matter of the $5,100 in costs reimbursed to Diez-Arguelles & Tejedor,
P.A., had been largely resolved. Jd.
8. Tejedor agreed to appear, by telephone, at the November 17, 2015 Conference. Jd.
Williams assured Tejedor that he would make all necessary arrangements with this Court to ensure
that Tejedor could attend the November 17 Conference by telephone. /d.
9. Williams provided Tejedor with a call-in number for the November 17 Conference. At the
time of hearing, 9:30 a.m., Tejedor called the number provided and there was no answer. /d. at §
10. Tejedor then, also at 9:30, phoned the judicial assistant. Jd. Tejedor was placed on hold for
approximately ten (10) minutes; while on hold, Tejedor phoned Williams’s assistant, Heather. Jd.
Heather advised that she had sent a text message to Williams, alerting him that Tejedor was waiting
on the line and ready to be connected to the Court Conference. Jd. Tejedor was assured by the
Court, as well as by attomey Williams’s office, that the Parties were, indeed, expecting her
telephonic appearance. Jd.10. Tejedor sat on hold, waiting to be connected with the Court Conference, for approximately
forty (40) minutes. /d. at | 11.Twice during that time, Tejedor was told that she had been
“uninvited” to the hearing. /d. Finally, at 10:10 a.m., she was told that she had been “uninvited” to
the Conference. Jd.; see also, Correspondence at Exh. “E” hereto.
11. Williams never filed with this Court, or provided to Tejedor, any written Motion
concerning a $5,100 refund to the Guardianship by undersigned counsel, Williams never provided
undersigned counsel with notice of his intention to make any such Motion, and Williams never
scheduled and noticed a hearing on any such Motion. /d. at § 12. Tejedor was completely unaware
that, while she was being excluded from participation in the November 17 Conference, attorney
Williams, through improper ex parte communication with this Court, was seeking an order that
Tejedor (and her Firm) pay $5,100 to the Guardianship, or else respond to an Order to Show Cause.
Id.
12. Asis proven by the fact that this Court, as a result of the November 17 Conference held in
Tejedor’s absence, entered an Order directed undersigned counsel to “refund” $5,100 to the
Guardianship or, alternatively, to expend significant time and resources responding to an Order to
Show Cause, Williams misrepresented to this Court that $5,100 remained unaccounted for among
settlement proceeds of the medical malpractice case, and such misrepresentation was made by way
of improper ex parte communications with this Court. Undersigned counsel, because she was
excluded from the November 17 Conference, has no idea what other misrepresentations Williams
may have made to this Court.
13. Tejedor and Diez-Arguelles & Tejedor, P.A. were interested parties in the matters heard
by this Court on November 17, 2015.14. Attorney Tejedor was ready and able to attend the November 17 Conference and, in fact,
was waiting on the telephone throughout the Conference. Due to Attorney Tejedor’s exclusion
from the November 17 Conference, Tejedor, and her Firm, lacked notice of his Motion, and were
deprived of an opportunity to respond to his Motion.
15. Rule 4-3.3 of Florida’s Rules of Professional Conduct prohibits attorney from engaging in
ex parte communications with the Court, Rule 5.025 of Florida’s Probate Rules requires that the
November 17 Conference/Motion hearing before this Court have been deemed an adversary
proceeding, Rule 5.025 of Florida’s Probate Rules requires that attorney Tejedor have been
provided with formal notice of, and an opportunity to respond to, the November 17 proceedings,
and Rule 5.025 of Florida’s Probate Rules requires that the November 17 proceedings have been
governed in accordance with Florida’s Rules of Civil Procedure.
16. By way of attorney Williams’s conduct at the November 17 proceedings before this Court,
attorney Williams violated Rule 4-3.3 of Florida’s Rules of Professional Conduct, attorney
Williams violated Rule 5.025 of Florida’s Probate Rules, and attorney Williams violated governing
Rules of Civil Procedure.
17. Due to the ex parte manner in which the November 17, 2015 Conference/Hearing was
conducted, due to Tejedor’s lack of knowledge of assertions and/or misrepresentations made by
Williams to this Court, and due to Tejedor’s inability to respond to all such
assertions/misrepresentations, Tejedor feels that Judge Matthey is biased and/or prejudiced against
her. Exh. “A,” ¥ 16.
18. As aresult of the foregoing, undersigned counsel Tejedor, and her Law Firm, fear they will
not receive a fair hearing in this matter. Exh. “A,” 17.19. Section 38.10 of the Florida Statutes gives movants a substantive right to seek
disqualification of a judge; this Section provides, in part:
“Whenever a party to any action or proceeding makes and files an affidavit
stating fear that he or she will not receive a fair trial in the court where the
[matter] is pending on account of the prejudice of the judge of that court
against the applicant or in favor of the adverse party, the judge shall
proceed no further, but another judge shall be designated in the manner
prescribed by the laws of this state for the substitution of judges for the
trial of causes in which the presiding judge is disqualified. Every such
affidavit shall state the facts and the reasons for the belief that any such
bias or prejudice exists and shall be accompanied by a certificate of
counsel of record that such affidavit and application are made in good
faith...”
Fla. Stat. § 38.10 (2015); see also, MacKenzie v. Super Kids Bargain Store, Inc., 569 So.2d 1332,
1334 (Fla. 1990).
Rule 2.330 of the Florida Rules of Judicial Administration sets forth the procedural aspects
of the disqualification process as follows:
“(f) Determination — Initial Motion. The judge against whom an initial
motion to disqualify [] is directed shall determine only the legal
sufficiency of the motion and shall not pass on the truth of the facts
alleged. If the motion is legally sufficient, the judge shall immediately
enter an order granting disqualification and proceed no further in the
action....”
Fla. R. Jud. Admin., Rule 2.330.
Conclusion
20. Undersigned counsel makes this Motion in compliance with this Court’s November 17,
2015 Order and, further, and in view of all of the foregoing, and in consideration of the Exhibits
attached hereto, including Movant’s Affidavit, undersigned counsel, Maria D. Tejedor, moves this
Court for an Order setting aside and/or vacating its November 17, 2015 Order, moves for an Order
of sanctions against attorney Williams, in the form of attorney’s fees and costs, and for hisimproper ex parte communications with this Court, and moves for the disqualification of The
Honorable Philippe Matthey.
CERTIFICATE OF GOOD FAITH AND SWORN MOTION
1 HEREBY CERTIFY that the within Motions are madéand filed in cc faith.
\ ~~ \ Y =.
ww
PN Cc
MARIA D. TEJEDOR, ESQ. ° oO —_——
‘THEREBY CERTIFY that a true - correct copy of the foregoing has been filed with the
Court and furnished via U.S. Mail this \—~ day of November, 2015 to: Richard C. Williams, Jr.,
Esq., 6337 Grand Boulevard, New Port Richey, FL 34652, and the Honorable Philippe Matthey,
West Pasco Judicial Center, 7530 Little Road, New Port Riche}, FL 34654,
aria D. Tejedor <
Florida Bar. No.: 95834 a
Diez-Arguelles & Tejedor, P-A’
505 N. Mills Avenue
larrdo, FL32803
amy 705-2880
mail @theorlandolawyers.comEXHIBIT “A”IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR PASCO COUNTY, FLORIDA
PROBATE DIVISION
IN RE: GUARDIANSHIP OF CASE: 2010-GA-0021-GAAX-WS
HILARY NGUYEN SECTION: J
/
AFFIDAVIT OF MARIA D. TEJEDOR, ESQ.
Maria D. Tejedor, of legal age, being first duly sworn, deposes and says:
1. In connection with the above-captioned matter, I have herewith submitted a Sworn Motion
to Disqualify Judge Philippe Matthey.
2. T have personal knowledge of the matters deposed to herein.
3. I am a partner in the Law Firm of Diez-Arguelles & Tejedor, P.A. Through my Firm, I
represented Hilary Nguyen, by and through her parent/guardian Nga Nguyen, in a complex
medical malpractice case. A settlement of the case, for a confidential amount, was reached in or
around January of 2012.
4. Medicaid intervened in the underlying medical malpractice case, asserting a lien in the
approximate amount of $430,000.00 against the settlement proceeds. | litigated, on behalf of Hilary
Nguyen (through her parent Nga Nguyen), the validity of the Medicaid lien. Litigation of the lien
issue required the expenditure of a significant amount of my time, required my attendance at
numerous hearings, and required an hours-long evidentiary hearing before The Honorable Stanley
Mills.
5. In accordance with the terms of the contract for legal representation entered into by Nga
Nguyen, on behalf of the minor Hilary Nguyen, which contract covered litigation of the medical
malpractice action and all related matters, including the Medicaid lien, costs advanced by myselfand/or my Law Firm, Diez-Arguelles & Tejedor, P.A., in litigation were to be reimbursed to me/my
Firm out of any settlement, or other, proceeds of the case(s). Subsequent to settlement of the
medical malpractice action, there were additional costs of approximately $7,500.00 in connection
with my representation of Nga Nguyen, on behalf of Hilary Nguyen.
6. Following finalization of, and approval by the Judge Stanley Mills of, settlement of
underlying litigation, proceeds of which were allocated 50% to Nga Nguyen and 50% to the minor
Hilary Nguyen, issues arose concerning Nga Nguyen’s use of settlement funds; the within probate
matter was opened to address these issues. It is noted that, at the time that this matter was opened,
all agreements concerning attorneys’ fees and reimbursement of costs advanced, had already been
provided by Judge Stanley Mills.
7. In connection with this Probate matter, Nga Nguyen retained attorney Williams. In the
course of his representation, Williams contacted me numerous times to seek my assistance with,
and clarification of, various issues. I gave generously of my time, I engaged in a number of
telephone conferences with Williams, I provided Williams with copies of all relevant documents
from the underlying case, including the Closing Statement, and I explained to Williams, in detail,
allocation of settlement funds, annuity payments issues, the special needs trust process, the
necessity of the special needs trust, and the home’s allocation to Nga Nguyen.
8. In the course of Williams’s and my communications, Williams inquired about $5,100 for
which he could not account. I explained to him that the amount of $5,100 had likely been retained
by my Firm to cover projected additional costs.
9. Williams asked that I appear at the November 17, 2015 Case Status Conference before this
Court. Williams told me that my presence was requested solely to assist Williams explain to this
Court the allocation of the settlement money from the medical malpractice case, and the reasonsunderlying the allocation of the home to the parent, rather than to the minor. Williams told me that
he would make arrangements with the Court to ensure my telephonic appearance at the November
17 Conference.
10. Williams provided me with a call-in number for the November 17 Conference. At the time
of hearing, 9:30 a.m., I called the number provided and there was no answer. I then, also at 9:30,
phoned the judicial assistant. I was placed on hold for approximately ten (10) minutes; while on
hold, I phoned Williams’s assistant, Heather. Heather advised that she had sent a text message to
Williams, alerting him that I was waiting on the line and ready to be connected to the Court
Conference. I was assured by the Court, as well as by attorney Williams’s office, that the Parties
were expecting my telephonic appearance.
11. I sat on hold, waiting to be connected with the Court Conference, for approximately forty
(40) minutes. I was told that the Court and Williams knew of my presence on the phone, and I was
told twice that I was “uninvited” to the Conference. Around 10:10 a.m., I was told that the
Conference was concluded.
12. I was completely unaware that, while I was being excluded from participation in the
November 17 Conference, attorney Williams, through improper ex parte communication with this
Court, was seeking an order that I (and my Firm) pay $5,100 to the Guardianship, or else respond
to an Order to Show Cause. Williams never provided me with notice that he intended to make such
a Motion, Williams never made any written Motion for any such relief, and Williams never
scheduled and/or noticed any hearing on any such Motion,
13. [had no notice of Williams’s November 17 Motion(s) against me and my firm, and I was
deprived of any opportunity to contest such Motion(s); I am unaware of what assertions and/ormisrepresentations were made by Williams to this Court concerning my Law Firm and myself in
an effort to obtain the November 17 Order sought by Williams.
14. Due to the ex parte manner in which the November 17, 2015 Conference/Hearing was
conducted, due to my lack of knowledge of assertions and/or misrepresentations made by Williams
to this Court, due to my inability to respond to such assertions/misrepresentations, and in light of
the Order handed down by Judge Matthey following the November 17 Conference, I feel that the
Court was biased and/or prejudiced against me in this proceeding.
15. Asaresult of the bias and/or prejudice, I fear I will not receive a fair hearing in this, or any
related, matter.
I solemnly affirm, under penalty of perjury, that all of the foregoing statements are true and
correct to the best of my knowledge. a J ~ ~~
ly XK “ —
Vy YW q
\.~ MARIA D. TEJEDOR, ESQ. cS
Subscribed 2 and Swom to before me
this 2p" day of Pron Joes, a|/s_.
My Commission expires on :
Printed Name — Notary Public Sigdature — Notary Publig
Notary Public State of Florida
Janet DeFabrizio
My Commission EE 162444
Expires 01/23/2016EXHIBIT “B”Current Date November 17, 2015
Account Number: 2013412
Gapture Date: August 01, 2012
Item Number: 5250021506588
Posted Date: August 01, 2012
Posted Item Number: 21506588
Amount: 5,000.00
Record Type: Debit
DIEZ-ARGUELLES & TEJEDOR, P.A. |OTA
TRUST ACCOUNT
505 NORTH MILLS AVENUE
ORLANDO FL 32803
DIEZ-ARGUELLES & TEJEDOR, P.A.
{OTA ACCOUNT.
505 N. MILLS AVE.
‘ORLANDO, FL 32803
PAVTOTHE Robert F. Cullen, Jr., M.
Five Thousand and 00/100°**
Robert F, Cullen, Jr, M.D., FAAP.
MEMO
Nguyen, Hillary (Net O/S Balance)
wOOLOLer 80633 i65R8"
NE ncn nseoennnnererener career era eran ere ee NT RR
TRADITIONS ezsees
aaa
63-1658-631
12712012
$ "5,000.00
O20 bab baw
a
WHE, Port 47d
ophe VE0ae? HfCurrent Date:
Account Number:
Capture Date:
Item Number:
Posted Date:
Posted Item Number:
Amount:
Record Type:
DIEZ-ARGUELLES & TEJEDOR, P.A. IOTA
TRUST ACCOUNT
505 NORTH MILLS AVENUE
ORLANDO FL 32803
November 17, 2015
2013412
September 20, 2012
5250021581631
September 20, 2012
21581631
2,500.00
Debit
DIEZ-ARGUELLES & TEJEDOR, P.A.
1OTA ACCOUNT
'505 IN. MILLS AVE.
ORLANDO, FL 32803
Cee Armando Payas, Esquire
Two Thousand Five Hundred and 00/100***
Armando Payas, Esquire Gye
Nguyen, Hillary (net o/s balance)
wOOk 20d UOBILLESHSI Oe20L3uae
MEMOEXHIBIT “C”IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR PASCO COUNTY, FLORIDA
NGA NGUYEN, individually, and os natural CASE NO: 51-2009-CA-5650-WS
guardian ond o/b/o of HILLARY NGUYEN,
co minor,
Plointiffs,
STATE OF FLORIDA, AGENCY FOR HEALTH
CARE ADMINISTRATION,
Intervenor Plaintiff,
YS.
NEW PORT RICHEY HOSPITAL, INC. d/b/a - ett See
COMMUNITY HOSPITAL, AFFILIATED
COMPUTER SERVICES; INC. d/b/a ACS
RECOVERY SERVICES, and THE AGENCY FOR
HEALTH CARE ADMINISTRATION,
Defendants.
9 N PLAINTIFF'S RE! OTION TO APPROVE MINOR SETTLEMENT
THIS CAUSE having come before the Court upon Plaintiff's Renewed Motion to
Approve Minor Settlement and the Court after hearing oral argument, and testimony from
the Guardlari Ad Litem, and being fully advised of the premises thereon, it is hereby:
ORDERED and ADJUDGED that the Plaintiff's Renewed Motion to Approve Minor
Settlement is GRANTED. The Court further makes the following findings:
-1. The settlement as well as attorney. fees and costs are: fair are: reasonable and
approved.
2. The Court finds that $500,000.00 shall be awarded to Nga Nguyen as
compensation for her damages and claims, and $500,000.00 shall be awarded to
Hilary Nguyen as compensation for her damages and claims.
3. Any Medicaid lien being asserted by the Florida Agency for Health Care
Administration attaches only to the minor, Hilary Nguyen's, recovery.
Page 1 of 2
z abed LOOLSISLZL SW aBprr WdOvE ZLOZ LZ JEWDONE and ORDERED in Chambers in New Port Richey, Pasco County, Florida on
Honorable ie R! U,
Cirevit Court Judge
this 2 ay of March, 2012.
Conformed copies to: Maria D. Tejedor, Janies J. Evangelista, and Michoel A. Koleun, Jr.
Page 2 of 2
€ Bed LOOLGISLZL SW BPA WOVE ZIOZ IZ seW!EXHIBIT “D”Julia Youn
From: Brenda Leon
Sent: Friday, June 05, 2015 8:49 AM
To: ‘rcw@richwilliamslaw.com’
Subject: Guardianship of Hillary Nguyen
Attachments: nguyen Itr.pdf; nguyen annuity.pdf; nguyen closing 1.pdf; nguyen closing 2.pdf; nguyen
cks.pdf
Good morning Mr. Williams, attached please find correspondence from Ms. Tejedor along with attachments
requested. Let me know if there is anything else you may need to assist Ms. Nguyen. Thank you.
Brenda Leon
Paralegal to Masa Tejeda
SOS North Mills Ave
Orlando, Flotida 32803
P- (807) 705-2880
= F (888) 611-7879
brenda@theorlandolawyers com
= yaw theatlandolawyers com
DIEZ - ARGUELLES | TEJEDOREXHIBIT “E”DIEZ -ARGUELLES | TEJEDOR
Carlos R. Diez-Arguelles* 505 N. Mills Ave
Maria D. Tejedor* Orlando, FL'32803
Jack T, Cook, of Counsel Phone: (407) 705-2880
Jerrod M. Paul
Robin Treto
*Board Certified Trial Attorneys Please Reply To Orlando Office
www.theorlandolawyers.com 3705 N. Llimes Ave
‘Tampa, FL 32703
Toll Free: (888) 888-3773
Fax: (888) 611-7879 3132 Ponce de Leon Blvd
Miami, FL 33134
4
\ ‘
November 17, 2015
é
The Honorable Philippe Matthey
West Pasco Judicial Center
7530 Little Road
New Port Richey, FL 34654
IN RE: Guardianship of Hillary Nguyen
File No, 51-2010-GA-0021-GAAX-WS
Dear Judge Matthey:
Please be advised that I am the medical mal-practiced attorney who represented Nga
and Hillary Nguyen in the medical mal-practice, as well as the case against the State of
Florida. I was heavily involved in the litigation as well as the approval of the settlement.
Mr. Williams provided me with phone number 727-815-7105 to call in, we did so in a
timely fashion, however, we were not connected to the hearing, I then contacted Peggy, your
Judicial Assistant, who was very helpful in the matter and transferred me into the hearing but
advised me that I was not invited to attend the hearing.
Please be advised that if the Court requires any information or has any questions, I
remain willing and able to provide the Court with any information at any time. My cell phonenumber is 321-438-7003, where I can be reached at any time the Court or any other party has
questions regarding this matter.
Respectfully submitted,
\ ‘
“~
Maria D. Tejedor
MDT/bI
ec: Richard C. Williams, Jr., Esq.
Nga Nguyen
Preview
Filing # 34969998 E-Filed 11/30/2015 04:57:00 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO COUNTY, FLORIDA PROBATE DIVISION IN RE: GUARDIANSHIP OF CASE: 2010-GA-0021-GAAX-WS HILARY NGUYEN SECTION: J / ATTORNEY MARIA TEJEDOR’S SWORN MOTION IN COMPLIANCE WITH THIS COURT’S NOVEMBER 17, 2015 ORDER, MOTION TO SET ASIDE AND/OR VACATE NOVEMBER 17, 2015 ORDER, MOTION FOR SANCTIONS AGAINST RICHARD C. WILLIAMS, JR., ESQUIRE, FOR IMPROPER EX PARTE COMMUNICATIONS WITH THE COURT, AND MOTION TO DISQUALIFY THE HONORABLE PHILIPPE MATTHEY COMES NOW, undersigned counsel Maria D. Tejedor (variously, “undersigned” or “Tejedor”), on behalf of herself and her Law Firm, Diez-Arguelles & Tejedor, P.A., and moves this Court to set aside and/or vacate its November 17, 2015 Order, by which the Court directed the undersigned to refund $5,100.00 to the Guardianship of Hilary Nguyen, or, alternatively, respond to an Order to Show Cause. Tejedor further requests that this Court impose sanctions against attorney Richard C. Williams, Jr. (“Williams”), in the form of attorney’s fees and costs, and for his improper ex parte communications with the Court, and she moves for the disqualification and/or recusal of The Honorable Philippe Matthey. These Motions are made and based upon the following: 1, Attorney Tejedor, of Diez-Arguelles & Tejedor, P.A., represented Hilary Nguyen, by and through her parent/guardian Nga Nguyen in a complex medical malpractice case. A settlement of the case, for a confidential amount, was reached in or around January of 2012. See, Attached Affidavit of Maria D. Tejedor, 3, Exh. “A” hereto. 2. Medicaid intervened in the underlying medical malpractice case, asserting a lien in the approximate amount of $430,000.00 against the settlement proceeds. /d. at { 4. Attorney Tejedor 1 ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/30/2015 4:57:00 PM.****litigated the validity of the Medicaid lien on behalf of Hilary Nguyen (through her parent Nga Nguyen). Litigation of the lien issue required the expenditure of a significant amount of time for attorney Tejedor, required the undersigned’s attendance at numerous hearings, and required an hours-long evidentiary hearing before The Honorable Stanley Mills. Jd. at | 4. 3. In accordance with the terms of the contract for legal representation entered into by Nga Nguyen, on behalf of the minor Hilary Nguyen, which contract covered litigation of the medical malpractice action and all related matters, including the Medicaid lien, costs advanced by Diez- Arguelles & Tejedor, P.A. in litigation were to be reimbursed to attorneys out of any settlement, or other, proceeds of the case(s). See, Exh. “A,” 95. Costs incurred and/or paid subsequent to settlement of the medical malpractice case included a $5,000 payment to Dr. Cullen and a $2,500 payment to Armando Payas. See, Exh. “A,” | 4; see also, copies of checks written to, respectively, Cullen and Payas, Exh. “B” hereto. 4. Following finalization of, and approval by the Judge Stanley Mills of, settlement of underlying litigation, proceeds of which were allocated 50% to Nga Nguyen and 50% to the minor Hilary Nguyen, issues arised concerning Nga Nguyen’s use of settlement funds; the within probate matter was opened to address these issues. Jd. at § 6. It is noted that, at the time that this matter was opened, all agreements concerning attorneys’ fees and reimbursement of costs advanced, had already been approved by Judge Stanley Mills. Jd.; see also, Order attached at Exh. “C.” 5. In connection with this Probate matter, Nga Nguyen retained attorney Williams. See, Exh. “A” at ¥ 7. In the course of his representation, Williams contacted attorney Tejedor numerous times to seek her assistance with, and clarification of, various issues. Attorney Tejedor gave generously of her time, engaged in a number of telephone conferences with Williams, provided Williams with copies of all relevant documents from the underlying case, including the ClosingStatement, explained to him, in detail, allocation of settlement funds, annuity payments issues, the special needs trust process, the necessity of the special needs trust, and the home’s allocation to Nga Nguyen. /d.; see also, correspondence attached hereto at Exh. “D.” 6. In the course of their communications, Williams inquired about $5,100 for which he could not account. Exh. “A” at J 8. Tejedor explained to him that the amount of $5,100 had likely been retained by undersigned counsel to cover projected additional costs. Jd. 7. Williams asked that Tejedor appear at the November 17, 2015 Case Status Conference before this Court. /d. at 19. Williams told Tejedor that her presence was requested solely to assist Williams explain to this Court the allocation of the settlement money from the medical malpractice case, and the reasons underlying the allocation of the home to the parent, rather than to the minor. Id. Tejedor believed that the matter of the $5,100 in costs reimbursed to Diez-Arguelles & Tejedor, P.A., had been largely resolved. Jd. 8. Tejedor agreed to appear, by telephone, at the November 17, 2015 Conference. Jd. Williams assured Tejedor that he would make all necessary arrangements with this Court to ensure that Tejedor could attend the November 17 Conference by telephone. /d. 9. Williams provided Tejedor with a call-in number for the November 17 Conference. At the time of hearing, 9:30 a.m., Tejedor called the number provided and there was no answer. /d. at § 10. Tejedor then, also at 9:30, phoned the judicial assistant. Jd. Tejedor was placed on hold for approximately ten (10) minutes; while on hold, Tejedor phoned Williams’s assistant, Heather. Jd. Heather advised that she had sent a text message to Williams, alerting him that Tejedor was waiting on the line and ready to be connected to the Court Conference. Jd. Tejedor was assured by the Court, as well as by attomey Williams’s office, that the Parties were, indeed, expecting her telephonic appearance. Jd.10. Tejedor sat on hold, waiting to be connected with the Court Conference, for approximately forty (40) minutes. /d. at | 11.Twice during that time, Tejedor was told that she had been “uninvited” to the hearing. /d. Finally, at 10:10 a.m., she was told that she had been “uninvited” to the Conference. Jd.; see also, Correspondence at Exh. “E” hereto. 11. Williams never filed with this Court, or provided to Tejedor, any written Motion concerning a $5,100 refund to the Guardianship by undersigned counsel, Williams never provided undersigned counsel with notice of his intention to make any such Motion, and Williams never scheduled and noticed a hearing on any such Motion. /d. at § 12. Tejedor was completely unaware that, while she was being excluded from participation in the November 17 Conference, attorney Williams, through improper ex parte communication with this Court, was seeking an order that Tejedor (and her Firm) pay $5,100 to the Guardianship, or else respond to an Order to Show Cause. Id. 12. Asis proven by the fact that this Court, as a result of the November 17 Conference held in Tejedor’s absence, entered an Order directed undersigned counsel to “refund” $5,100 to the Guardianship or, alternatively, to expend significant time and resources responding to an Order to Show Cause, Williams misrepresented to this Court that $5,100 remained unaccounted for among settlement proceeds of the medical malpractice case, and such misrepresentation was made by way of improper ex parte communications with this Court. Undersigned counsel, because she was excluded from the November 17 Conference, has no idea what other misrepresentations Williams may have made to this Court. 13. Tejedor and Diez-Arguelles & Tejedor, P.A. were interested parties in the matters heard by this Court on November 17, 2015.14. Attorney Tejedor was ready and able to attend the November 17 Conference and, in fact, was waiting on the telephone throughout the Conference. Due to Attorney Tejedor’s exclusion from the November 17 Conference, Tejedor, and her Firm, lacked notice of his Motion, and were deprived of an opportunity to respond to his Motion. 15. Rule 4-3.3 of Florida’s Rules of Professional Conduct prohibits attorney from engaging in ex parte communications with the Court, Rule 5.025 of Florida’s Probate Rules requires that the November 17 Conference/Motion hearing before this Court have been deemed an adversary proceeding, Rule 5.025 of Florida’s Probate Rules requires that attorney Tejedor have been provided with formal notice of, and an opportunity to respond to, the November 17 proceedings, and Rule 5.025 of Florida’s Probate Rules requires that the November 17 proceedings have been governed in accordance with Florida’s Rules of Civil Procedure. 16. By way of attorney Williams’s conduct at the November 17 proceedings before this Court, attorney Williams violated Rule 4-3.3 of Florida’s Rules of Professional Conduct, attorney Williams violated Rule 5.025 of Florida’s Probate Rules, and attorney Williams violated governing Rules of Civil Procedure. 17. Due to the ex parte manner in which the November 17, 2015 Conference/Hearing was conducted, due to Tejedor’s lack of knowledge of assertions and/or misrepresentations made by Williams to this Court, and due to Tejedor’s inability to respond to all such assertions/misrepresentations, Tejedor feels that Judge Matthey is biased and/or prejudiced against her. Exh. “A,” ¥ 16. 18. As aresult of the foregoing, undersigned counsel Tejedor, and her Law Firm, fear they will not receive a fair hearing in this matter. Exh. “A,” 17.19. Section 38.10 of the Florida Statutes gives movants a substantive right to seek disqualification of a judge; this Section provides, in part: “Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the [matter] is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified. Every such affidavit shall state the facts and the reasons for the belief that any such bias or prejudice exists and shall be accompanied by a certificate of counsel of record that such affidavit and application are made in good faith...” Fla. Stat. § 38.10 (2015); see also, MacKenzie v. Super Kids Bargain Store, Inc., 569 So.2d 1332, 1334 (Fla. 1990). Rule 2.330 of the Florida Rules of Judicial Administration sets forth the procedural aspects of the disqualification process as follows: “(f) Determination — Initial Motion. The judge against whom an initial motion to disqualify [] is directed shall determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged. If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action....” Fla. R. Jud. Admin., Rule 2.330. Conclusion 20. Undersigned counsel makes this Motion in compliance with this Court’s November 17, 2015 Order and, further, and in view of all of the foregoing, and in consideration of the Exhibits attached hereto, including Movant’s Affidavit, undersigned counsel, Maria D. Tejedor, moves this Court for an Order setting aside and/or vacating its November 17, 2015 Order, moves for an Order of sanctions against attorney Williams, in the form of attorney’s fees and costs, and for hisimproper ex parte communications with this Court, and moves for the disqualification of The Honorable Philippe Matthey. CERTIFICATE OF GOOD FAITH AND SWORN MOTION 1 HEREBY CERTIFY that the within Motions are madéand filed in cc faith. \ ~~ \ Y =. ww PN Cc MARIA D. TEJEDOR, ESQ. ° oO —_—— ‘THEREBY CERTIFY that a true - correct copy of the foregoing has been filed with the Court and furnished via U.S. Mail this \—~ day of November, 2015 to: Richard C. Williams, Jr., Esq., 6337 Grand Boulevard, New Port Richey, FL 34652, and the Honorable Philippe Matthey, West Pasco Judicial Center, 7530 Little Road, New Port Riche}, FL 34654, aria D. Tejedor < Florida Bar. No.: 95834 a Diez-Arguelles & Tejedor, P-A’ 505 N. Mills Avenue larrdo, FL32803 amy 705-2880 mail @theorlandolawyers.comEXHIBIT “A”IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO COUNTY, FLORIDA PROBATE DIVISION IN RE: GUARDIANSHIP OF CASE: 2010-GA-0021-GAAX-WS HILARY NGUYEN SECTION: J / AFFIDAVIT OF MARIA D. TEJEDOR, ESQ. Maria D. Tejedor, of legal age, being first duly sworn, deposes and says: 1. In connection with the above-captioned matter, I have herewith submitted a Sworn Motion to Disqualify Judge Philippe Matthey. 2. T have personal knowledge of the matters deposed to herein. 3. I am a partner in the Law Firm of Diez-Arguelles & Tejedor, P.A. Through my Firm, I represented Hilary Nguyen, by and through her parent/guardian Nga Nguyen, in a complex medical malpractice case. A settlement of the case, for a confidential amount, was reached in or around January of 2012. 4. Medicaid intervened in the underlying medical malpractice case, asserting a lien in the approximate amount of $430,000.00 against the settlement proceeds. | litigated, on behalf of Hilary Nguyen (through her parent Nga Nguyen), the validity of the Medicaid lien. Litigation of the lien issue required the expenditure of a significant amount of my time, required my attendance at numerous hearings, and required an hours-long evidentiary hearing before The Honorable Stanley Mills. 5. In accordance with the terms of the contract for legal representation entered into by Nga Nguyen, on behalf of the minor Hilary Nguyen, which contract covered litigation of the medical malpractice action and all related matters, including the Medicaid lien, costs advanced by myselfand/or my Law Firm, Diez-Arguelles & Tejedor, P.A., in litigation were to be reimbursed to me/my Firm out of any settlement, or other, proceeds of the case(s). Subsequent to settlement of the medical malpractice action, there were additional costs of approximately $7,500.00 in connection with my representation of Nga Nguyen, on behalf of Hilary Nguyen. 6. Following finalization of, and approval by the Judge Stanley Mills of, settlement of underlying litigation, proceeds of which were allocated 50% to Nga Nguyen and 50% to the minor Hilary Nguyen, issues arose concerning Nga Nguyen’s use of settlement funds; the within probate matter was opened to address these issues. It is noted that, at the time that this matter was opened, all agreements concerning attorneys’ fees and reimbursement of costs advanced, had already been provided by Judge Stanley Mills. 7. In connection with this Probate matter, Nga Nguyen retained attorney Williams. In the course of his representation, Williams contacted me numerous times to seek my assistance with, and clarification of, various issues. I gave generously of my time, I engaged in a number of telephone conferences with Williams, I provided Williams with copies of all relevant documents from the underlying case, including the Closing Statement, and I explained to Williams, in detail, allocation of settlement funds, annuity payments issues, the special needs trust process, the necessity of the special needs trust, and the home’s allocation to Nga Nguyen. 8. In the course of Williams’s and my communications, Williams inquired about $5,100 for which he could not account. I explained to him that the amount of $5,100 had likely been retained by my Firm to cover projected additional costs. 9. Williams asked that I appear at the November 17, 2015 Case Status Conference before this Court. Williams told me that my presence was requested solely to assist Williams explain to this Court the allocation of the settlement money from the medical malpractice case, and the reasonsunderlying the allocation of the home to the parent, rather than to the minor. Williams told me that he would make arrangements with the Court to ensure my telephonic appearance at the November 17 Conference. 10. Williams provided me with a call-in number for the November 17 Conference. At the time of hearing, 9:30 a.m., I called the number provided and there was no answer. I then, also at 9:30, phoned the judicial assistant. I was placed on hold for approximately ten (10) minutes; while on hold, I phoned Williams’s assistant, Heather. Heather advised that she had sent a text message to Williams, alerting him that I was waiting on the line and ready to be connected to the Court Conference. I was assured by the Court, as well as by attorney Williams’s office, that the Parties were expecting my telephonic appearance. 11. I sat on hold, waiting to be connected with the Court Conference, for approximately forty (40) minutes. I was told that the Court and Williams knew of my presence on the phone, and I was told twice that I was “uninvited” to the Conference. Around 10:10 a.m., I was told that the Conference was concluded. 12. I was completely unaware that, while I was being excluded from participation in the November 17 Conference, attorney Williams, through improper ex parte communication with this Court, was seeking an order that I (and my Firm) pay $5,100 to the Guardianship, or else respond to an Order to Show Cause. Williams never provided me with notice that he intended to make such a Motion, Williams never made any written Motion for any such relief, and Williams never scheduled and/or noticed any hearing on any such Motion, 13. [had no notice of Williams’s November 17 Motion(s) against me and my firm, and I was deprived of any opportunity to contest such Motion(s); I am unaware of what assertions and/ormisrepresentations were made by Williams to this Court concerning my Law Firm and myself in an effort to obtain the November 17 Order sought by Williams. 14. Due to the ex parte manner in which the November 17, 2015 Conference/Hearing was conducted, due to my lack of knowledge of assertions and/or misrepresentations made by Williams to this Court, due to my inability to respond to such assertions/misrepresentations, and in light of the Order handed down by Judge Matthey following the November 17 Conference, I feel that the Court was biased and/or prejudiced against me in this proceeding. 15. Asaresult of the bias and/or prejudice, I fear I will not receive a fair hearing in this, or any related, matter. I solemnly affirm, under penalty of perjury, that all of the foregoing statements are true and correct to the best of my knowledge. a J ~ ~~ ly XK “ — Vy YW q \.~ MARIA D. TEJEDOR, ESQ. cS Subscribed 2 and Swom to before me this 2p" day of Pron Joes, a|/s_. My Commission expires on : Printed Name — Notary Public Sigdature — Notary Publig Notary Public State of Florida Janet DeFabrizio My Commission EE 162444 Expires 01/23/2016EXHIBIT “B”Current Date November 17, 2015 Account Number: 2013412 Gapture Date: August 01, 2012 Item Number: 5250021506588 Posted Date: August 01, 2012 Posted Item Number: 21506588 Amount: 5,000.00 Record Type: Debit DIEZ-ARGUELLES & TEJEDOR, P.A. |OTA TRUST ACCOUNT 505 NORTH MILLS AVENUE ORLANDO FL 32803 DIEZ-ARGUELLES & TEJEDOR, P.A. {OTA ACCOUNT. 505 N. MILLS AVE. ‘ORLANDO, FL 32803 PAVTOTHE Robert F. Cullen, Jr., M. Five Thousand and 00/100°** Robert F, Cullen, Jr, M.D., FAAP. MEMO Nguyen, Hillary (Net O/S Balance) wOOLOLer 80633 i65R8" NE ncn nseoennnnererener career era eran ere ee NT RR TRADITIONS ezsees aaa 63-1658-631 12712012 $ "5,000.00 O20 bab baw a WHE, Port 47d ophe VE0ae? HfCurrent Date: Account Number: Capture Date: Item Number: Posted Date: Posted Item Number: Amount: Record Type: DIEZ-ARGUELLES & TEJEDOR, P.A. IOTA TRUST ACCOUNT 505 NORTH MILLS AVENUE ORLANDO FL 32803 November 17, 2015 2013412 September 20, 2012 5250021581631 September 20, 2012 21581631 2,500.00 Debit DIEZ-ARGUELLES & TEJEDOR, P.A. 1OTA ACCOUNT '505 IN. MILLS AVE. ORLANDO, FL 32803 Cee Armando Payas, Esquire Two Thousand Five Hundred and 00/100*** Armando Payas, Esquire Gye Nguyen, Hillary (net o/s balance) wOOk 20d UOBILLESHSI Oe20L3uae MEMOEXHIBIT “C”IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO COUNTY, FLORIDA NGA NGUYEN, individually, and os natural CASE NO: 51-2009-CA-5650-WS guardian ond o/b/o of HILLARY NGUYEN, co minor, Plointiffs, STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Intervenor Plaintiff, YS. NEW PORT RICHEY HOSPITAL, INC. d/b/a - ett See COMMUNITY HOSPITAL, AFFILIATED COMPUTER SERVICES; INC. d/b/a ACS RECOVERY SERVICES, and THE AGENCY FOR HEALTH CARE ADMINISTRATION, Defendants. 9 N PLAINTIFF'S RE! OTION TO APPROVE MINOR SETTLEMENT THIS CAUSE having come before the Court upon Plaintiff's Renewed Motion to Approve Minor Settlement and the Court after hearing oral argument, and testimony from the Guardlari Ad Litem, and being fully advised of the premises thereon, it is hereby: ORDERED and ADJUDGED that the Plaintiff's Renewed Motion to Approve Minor Settlement is GRANTED. The Court further makes the following findings: -1. The settlement as well as attorney. fees and costs are: fair are: reasonable and approved. 2. The Court finds that $500,000.00 shall be awarded to Nga Nguyen as compensation for her damages and claims, and $500,000.00 shall be awarded to Hilary Nguyen as compensation for her damages and claims. 3. Any Medicaid lien being asserted by the Florida Agency for Health Care Administration attaches only to the minor, Hilary Nguyen's, recovery. Page 1 of 2 z abed LOOLSISLZL SW aBprr WdOvE ZLOZ LZ JEWDONE and ORDERED in Chambers in New Port Richey, Pasco County, Florida on Honorable ie R! U, Cirevit Court Judge this 2 ay of March, 2012. Conformed copies to: Maria D. Tejedor, Janies J. Evangelista, and Michoel A. Koleun, Jr. Page 2 of 2 € Bed LOOLGISLZL SW BPA WOVE ZIOZ IZ seW!EXHIBIT “D”Julia Youn From: Brenda Leon Sent: Friday, June 05, 2015 8:49 AM To: ‘rcw@richwilliamslaw.com’ Subject: Guardianship of Hillary Nguyen Attachments: nguyen Itr.pdf; nguyen annuity.pdf; nguyen closing 1.pdf; nguyen closing 2.pdf; nguyen cks.pdf Good morning Mr. Williams, attached please find correspondence from Ms. Tejedor along with attachments requested. Let me know if there is anything else you may need to assist Ms. Nguyen. Thank you. Brenda Leon Paralegal to Masa Tejeda SOS North Mills Ave Orlando, Flotida 32803 P- (807) 705-2880 = F (888) 611-7879 brenda@theorlandolawyers com = yaw theatlandolawyers com DIEZ - ARGUELLES | TEJEDOREXHIBIT “E”DIEZ -ARGUELLES | TEJEDOR Carlos R. Diez-Arguelles* 505 N. Mills Ave Maria D. Tejedor* Orlando, FL'32803 Jack T, Cook, of Counsel Phone: (407) 705-2880 Jerrod M. Paul Robin Treto *Board Certified Trial Attorneys Please Reply To Orlando Office www.theorlandolawyers.com 3705 N. Llimes Ave ‘Tampa, FL 32703 Toll Free: (888) 888-3773 Fax: (888) 611-7879 3132 Ponce de Leon Blvd Miami, FL 33134 4 \ ‘ November 17, 2015 é The Honorable Philippe Matthey West Pasco Judicial Center 7530 Little Road New Port Richey, FL 34654 IN RE: Guardianship of Hillary Nguyen File No, 51-2010-GA-0021-GAAX-WS Dear Judge Matthey: Please be advised that I am the medical mal-practiced attorney who represented Nga and Hillary Nguyen in the medical mal-practice, as well as the case against the State of Florida. I was heavily involved in the litigation as well as the approval of the settlement. Mr. Williams provided me with phone number 727-815-7105 to call in, we did so in a timely fashion, however, we were not connected to the hearing, I then contacted Peggy, your Judicial Assistant, who was very helpful in the matter and transferred me into the hearing but advised me that I was not invited to attend the hearing. Please be advised that if the Court requires any information or has any questions, I remain willing and able to provide the Court with any information at any time. My cell phonenumber is 321-438-7003, where I can be reached at any time the Court or any other party has questions regarding this matter. Respectfully submitted, \ ‘ “~ Maria D. Tejedor MDT/bI ec: Richard C. Williams, Jr., Esq. Nga Nguyen