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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 5/10/2013 4:42:17 PM.****
Electronically Filed 05/10/2013 04:46:40 PM ET
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 062012CA019330AXXXE
MARY JOHNSTON,
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. /
DEFENDANT'S MOTION TO CONTINUE TRIAL
Defendant, VLN DEVELOPMENT, LLC, by and through undersigned counsel, and
pursuant to Florida Rules of Civil Procedure 1.460, hereby files this Motion to Continue Trial,
and in support thereof states:
1. This case arises out of a personal injury claim as the result of an alleged trip and
fall accident that occurred at or near the sidewalk of a shopping center located at 9866 West
Sample Road, Coral Springs, Florida on April 6, 2011.
2. Plaintiff's Complaint was filed on or about July 10, 2012.
3. Upon service of process, Defendant’s Answer and Affirmative Defenses to the
Complaint was timely filed on or about July 23, 2012.
4. This matter is being expedited due to Plaintiffs age, 97 years-old, and this case is
currently set for trial on this Honorable Court’s two-week jury trial docket commencing on June
10, 2013.5. The parties have been working to have this matter ready for trial, however, due to
recent discoveries regarding Plaintiffs medical providers for past and current medical treatment,
the Defendant requires additional time.
6. On or about July 27, 2012, Defendant served Plaintiff with its First Set of
Interrogatories. See attached Exhibit “A”.
7. The First Set of Interrogatories sought information from the Plaintiff, including
but not limited to: (1) each item of expense she claimed to have incurred as a result of her
incident, including for cach item to whom it was owed or paid; (2) the names and last known
addresses of all physicians or medical institutes that treated the Plaintiff in the past fifteen years;
and (3) whether any benefits had been paid or were payable for the expenses listed in her
answers and if so, the nature of such benefits, the amount of such benefits and, if such benefits
were derived by insurance coverage, state the type of insurance, who paid the premium for the
insurance, the name of the insurance company and the policy number. See attached Exhibit “A”.
8. On or about September 14, 2012, Plaintiff filed her Verified Answers to
Defendant’s First Set of Interrogatories. See attached Exhibit “B”.
9. In response to Defendant’s Interrogatory No. 9, requesting Plaintiff to list each
item of expense she claimed to have incurred as a result of the injuries related to the incident,
giving for cach item the date incurred, to whom owed or paid, the nature of the goods and
services for which each expense was incurred, and the basis for claiming such expense was
related to the incident, Plaintiff provided a list of medical expenses, as well as “Blue Cross/Blue
Shield Medic Bronze Policy No. 9846093480000, $186.47 monthly premium.” See § 9 of
Exhibit “B”.
10. In response to Defendant’s Interrogatory No. 13, requesting Plaintiff to providethe name and last known addresses of all physicians or medical institutes who treated Plaintiff in
the past 15 years, Plaintiff provided a list of approximately sixteen different medical providers.
See { 13 of Exhibit “B”.
11. In response to Defendant’s Interrogatory No. 11, requesting Plaintiff to state
whether any benefits had been paid or were payable for the medical expenses related to the
incident, as well as the nature of such benefits, the amount of such benefits and, if such benefits
were derived by insurance coverage, type of insurance, who paid the premium for the insurance,
the name of the insurance company and the policy number, Plaintiff asserted that she maintains
“Blue Cross/Blue Shield Medic Bronze Pelicy No. 9846093480000, $186.47 monthly
premium...” See 11 of Exhibit “B”.
12. On or about September 10, 2012 and October 22, 2012, Defendant issued
Subpoenas Duces Tecum to the medical providers Plaintiff listed in her Answers to the First Set
of Interrogatories, to obtain medical records and medical expenses in order to evaluate Plaintiff's
personal injury claims and damages. See Composite Exhibit “C”.
13. Because Plaintiff did not specify or provide otherwise, Defendant inferred from
Plaintiffs responses that Plaintiffs Blue Cross and Blue Shield Health Insurance, Policy
No.9846093480000 was provided by the State of Florida.
14. As such, on or about October 1, 2012, Defendant issued a Subpoena Duces
Tecum to Blue Cross and Blue Shield of Florida, a copy of which was also sent to the Plaintiff.
See Exhibit “D”.
15. On or about December 28, 2012, upon no response from Blue Cross and Blue
Shield of Florida, Defendant sent them a follow-up correspondence inquiring about Plaintiff's
records. See Exhibit “E”.16. On or about December 28, 2012 Blue Cross and Blue Shield of Florida responded
that no records for Plaintiff existed. See Exhibit “F”.
17. On or about February 11, 2013, Defendant served Plaintiff with its Second Set of
Interrogatories. See attached Exhibit “G”.
18. The Second Set of Interrogatories sought information from the Plaintiff which
included: (1) the name and last known address of all physicians or medical institutes by whom or
at which she was treated subsequent to the date of filing her response to Defendant’s First Set of
Interrogatories; (2) the name, address and phone number of each pharmacy used to fill any
prescription medicine she received subsequent to the date of filing her response to Defendant’s
First Set of Interrogatories; and (3) description of all accidents and/or personal injuries she
suffered at any time subsequent to the date of filing her response to Defendant’s First Set of
Interrogatories. See attached Exhibit “G”.
19. On or about March 29, 2013, Plaintiff filed her Verified Answers to Defendant’s
Second Set of Interrogatories and provided four treating physicians/healthcare centers, three of
which that were not included in her Verified Answers to Defendant’s First Set of Interrogatories,
See attached Exhibit “H”.
20. Upon review of medical records produced by one of Plaintiffs healthcare
providers, Defendant came across a copy of Plaintiff's Blue Cross and Blue Shield Health
Insurance card which revealed that it was issued in the State of Massachusetts.
21. Plaintiff was aware of Defendant misguidedly issuing a Subpoena Duces Tecum
to Blue Cross and Blue Shield of Florida but yet failed to inform Defendant that Plaintiff's Blue
Cross and Blue Shield Health Insurance was in fact issued by the State of Massachusetts.
22. Plaintiff's failure to disclose this information to the Defendant was done in badfaith, served to delay this litigation and prejudiced the Defendant in its investigation of Plaintiff's
claims.
23. Because Plaintiff's Blue Cross and Blue Shield Health Insurance was issued in
Massachusetts, Defendant first had to issue an authorization to Plaintiff in order to obtain records
which it did on or about April 3, 2013. See attached Exhibit “I”.
24, On or about April 8, 2013, Defendant received authorization from Plaintiff. See
attached Exhibit “J”.
25. Defendant did not receive Blue Cross and Blue Shield of Massachusetts Health
Insurance records for the Plaintiff until on or about May 6, 2013. See attached Exhibit “K”.
26. Upon review of these records, Defendant discovered twenty-six (26) medical
providers that Plaintiff failed to disclose as treating her in the past fifteen years in her response
to Defendant’s First Set of Interrogatories and during her deposition. See attached Exhibit “K”.
27. Defendant does not have sufficient time to subpoena, receive and evaluate
medical records maintained by these recently discovered healthcare providers before this
Honorable Court’s two-week jury trial docket commencing on June 10, 2013.
28. Because this is a personal injury action, Plaintiff's past medical history is a crucial
issue in this case and due to Plaintiffs bad faith efforts to conceal the properly requested
information regarding Plaintiff's Blue Cross and Blue Shield Health Insurance, Defendant has
been prevented from adequately investigating Plaintiffs claims and properly defending this
litigation.
29. A motion to continue shall be in writing, signed by the moving party, and state the
facts that entitled the moving party to a continuance. See Fla. R. Civ. P. 1.460. A trial court’s
decision whether to grant a continuance is subject to an abuse of discretion standard of review.See SSJ Mercy Health Sys., Inc. v. Posey, 756 So.2d 177, 179 (Fla. 4th DCA 2000). Factors to
be considered by the trial court when deciding whether a motion for continuance should be
granted include whether the denial of the continuance creates an injustice for the moving party,
whether the cause of the request was unforeseeable by the moving party and not the result of
dilatory conduct, and whether the opposing party would suffer any prejudice or inconvenience as
a result of the continuance. Fleming v. Fleming, 710 So.2d 601, 603 (Fla. 4th DCA 1998).
30. Defendant has continued to diligently prepare this case for trial. However,
Defendant will not be able to adequately present its defenses at trial, based on the recent
discovery of Plaintiff's past medical providers.
31. The cause of this request was not foreseeable by the Defendant, nor was it the
result of dilatory conduct by the Defendant.
32. Defendant would be severely prejudiced if forced to proceed to trial without the
opportunity to evaluate Plaintiff's past medical treatment rendered by the numerous medical
providers that were recently revealed in Plaintiff's Blue Cross and Blue Shield of Massachusetts
Health Insurance records.
33. Defendant has diligently pursued discovery and investigation of this matter and
has not unreasonably and/or intentionally delayed the proceedings.
34. This Defendant has not previously sought a continuance of trial in this matter.
35. The parties will not be prejudiced if this matter is continued from the present trial
docket so as to afford the parties a full and fair opportunity to prepare for trial and for Defendant
to prepare its defenses in this matter.
36. This motion is made in good faith and not for purposes of delay.
37. Defendant’s Consent to Continue Trial will be submitted in a supplemental filing.WHEREFORE, Defendant, VLN DEVELOPMENT, respectfully requests this Honorable
Court grant its Motion to Continue Trial and enter an order continuing the trial of this matter, and
for such other and further relief as it deems just and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via email this or day of May, 2013, to: Robert Vessel, Esquire and Shyamie Dixit, Jr.,
Esquire, respectivly: rvessel@dixitlaw.com; sdixit@dixitlaw.com; shyamiedixit@gmail.com;
scampbell@dixitlaw.com.
POWERS MCNALIS TORRES TEEBAGY LUONGO
P.O. Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
(561) 588-3705 Facsimile
Service Email: eservice@powersmenalis.com
Counsel for Defendant, VLN Development
By:
fe ¢ Jamila V. Alexander, Esquire
Florida Bar No.: 587141
CAPAC-12470/463
NN/nnIN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 062012CA019330AXXXE
MARY JOHNSTON,
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. /
NOTICE OF FILING DEFENDANT’S CONSENT TO CONTINUE THE TRIAL
Defendant, VLN Development, LLC, by and through its undersigned counsel, hereby
gives Notice of Filing Defendant’s Consent to Continue the Trial.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via email this “7 “ 11-11117-053-600
.: 96-11051-463-180
Claim No. 09-11109-827-100
Claim No.
Claim No.
Claim No.
.: 10-11122-654-100
.2 18-11117-112-060
.: 10-11117-753-430
Claim No. 09-11109-826-590
Claim No.
Claim No.
Claim No.
Claim No
.: 09-11109-826-600
.: 09-11129-092-580
-: 09-11123-206-71-
.: 11-11104-136-790
$484.00
$825.00
$82.00
$619.00.
$668.00
$590.00
$739.00
$339.00
$682.00
$155.00
$355.00
Gre©
Lauren Lerner, MD.
4399 N. Nob Hill Rd.
aaa
City of Coral Springs Fire Department
Care of Pro Billing
N2930 State Road 22
Wautoma, WI 54982-5267
American Ambylance Service
P.O, Box 22-1178
Hollywoo! FL 33022-1178
Ebon Anthony Bourne, M.D.
201 NW 82 Avenue
Plantation, FL 33324
Gutierrez & Faxas, M.D.
10000 W. Sample Road
Coral Springs, FL 33065-3936
Lauren Lerner, M.D.
4399 N. Nob Hill Rd.
Sunrise, FL 33351-5813
Lauren Lerner, M.D.
4399 N. Nob Hill Rd.
Sunrise, FL 33351-5813
Lauren Lerner, M.D.
4399 N. Nob Hill Rd.
Sunrise, FL 33351-5813
William J. Rand, M.D.
5 W. Sample Road
Pompano Beach, FL 33064
Claim No.:
Ref. No.: 159-11-003737
Claim No.:
Claim No.:
Claim No.:
Claim No.:
Claim No.
Claim No.:
Claim No.:
10
c
02-11108-862-540 $475.00
$445.00
unpaid
09-11145-638-790 $322.70
09-11137-042-530 $682.00
09-11133-006-690 $155.00
09-11131-021-220 $820.00
+ 09-11131-021-210 $130.00
09-11137-041-100 $80.00
48-11073-090-870 $90.00
4 Z oe?
€10. Do you contend that you have lost any form of wages, salary, income or compensation as a
result of the injuries related to the incident and, if so, state the amount lost, the period during which
it was lost, the nature of such money, the method that you used in computing this amount, the
specific dates missed from work and the reason work was missed, and the basis upon which you
claim that this loss was related to the incident.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: No.
11. Have any benefits been paid or are payable for the expenses listed in your answers to
interrogatories 9 and 10 above and, if so, state the nature of such benefits, the amount of such
benefits and, if such benefits are derived by insurance coverage, state the type of insurance, who
paid the premium for the insurance, the name of the insurance company and the policy number.
ANSWER:
Subject to and without waiving Plaintiffs General Objections: Plaintiff further objects to this
interrogatory because it calls for an expression of medical opinion or contention that relates to fact.
The interrogatory also is generally improper inasmuch as it would require Plaintiff to marshal all of
her available proof or the proof she intends to marshal at trial. In addition, it is impossible to
answer any questions that require a complete factual basis because her medical treatment is ongoing
and Plaintiff cannot possibly anticipate all facts, damages and witnesses that might come out at trial
or in discovery.
Without waving any of her objections, Plaintiff states that her medical and healthcare providers,
whose knowledge may be derived or ascertained from her records, including insurance and medical
records, will be produced or an authorization to receive them will be provided, and the burden of
deriving or ascertaining the answer is substantially the same for Defendant as for the Plaintiff.
Notwithstanding, Plaintiff maintains Blue Cross/Blue Shield Medic Bronze Policy No.
9846093480000, $186.47 monthly premium, and Medicare part A and B Policy No. 8107-A / Blue
Cross Blue Shield.
12. Describe each in jury for which you are claiming damages in this case, specifying for each
the part of your body that was injured, the nature of the injury, which injuries are permanent, and
how these injuries affect any aspect of your daily life.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: Plaintiff further objects to this
interrogatory because it calls for an expression of medical opinion or contention that relates to fact.
The interrogatory also is generally improper inasmuch as it would require Plaintiff to marshal all of
her available proof or the proof she intends to marshal at trial. In addition, it is impossible to
answer any questions that require a complete factual basis because her medical treatment is ongoing
and Plaintiff cannot possibly anticipate all facts, damages and witnesses that might come out at trial
or in discovery.
11©
Without waving any of her objections, Plaintiff suffered substantial physical injury, including but
not limited to a right pelvic fracture, right ischium, superior lateral pubic ramus fracture and inferior
pubic ramus with a non-displaced fracture, right lower leg fracture, right lateral 9th rib fracture with
a rib end small hematoma, right knee showed osteoarthritic with small joint effusion, soreness in the
knee areas when stepping up or down while shifling weight, soreness in the right hip while
climbing, stepping up or down and sitting or rising from the seated position. Plaintiff was caused to
incur the following damages: Reasonable medical care and expenses in the past, which were
incurred by Plaintiff for the necessary care and treatment of the injuries resulting from the incident
complained of herein and such charges are reasonable and were usual and customary charges for
such services in Broward County, Florida; Reasonable and necessary medical care and expense
which will in all reasonable probability be incurred in the future; Physical pain and suffering in the
past and physical pain and suffering the future; Physical impairment in the past and physical
impairment that may be suffered in the future; Restriction in usual activities and affairs and, in all
reasonable probability, restriction in usual activities and affairs in the future; and, Mental anguish in
the past and mental anguish in the future. Plaintiff also incurred other reasonable and necessary
medical expenses for her care and treatment in an effort to alleviate and cure her injuries, and will
continue to incur additional expenses in the future. Plaintiff further states that the answer to this
interrogatory may be derived or ascertained from her medical records, which will be produced or an
authorization to receive them will be provided, and the burden of deriving or ascertaining the
answer is substantially the same for Defendants as for the Plaintiff. A better means for obtaining
this information would be via deposition.
Plaintiff reserves the right to supplement this response; her investigation continues.
13. State the last known address of all physicians or medical institutes by whom or at which you
have been treated in the past 15 years and, for each state the dates that such treatment was received,
the nature of the complaints for which you received treatment, the nature of the actual treatment
received, whether or not such treatment was rendered in connection with the incident and, if so, how
was it related to the incident.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: Plaintiff further objects to this
interrogatory because it calls for an expression of medical opinion or contention that relates to fact.
The interrogatory also is generally improper inasmuch as it would require Plaintiff to marshal all of
her available proof or the proof she intends to marshal at trial. In addition, it is impossible to
answer any questions that require a complete factual basis because her medical treatment is ongoing
and Plaintiff cannot possibly anticipate all facts, damages and witnesses that might come out at trial
or in discovery.
Without waving any of her objections, Plaintiff states that her medical and healthcare providers,
whose knowledge may be derived or ascertained from her records, including insurance and medical
records, will be produced or an authorization to receive them will be provided, and the burden of
deriving or ascertaining the answer is substantially the same for Defendant as for the Plaintiff.
12Notwithstanding, Plaintiff maintains Blue Cross/Blue Shield Medic Bronze Policy No.
9846093480000, $186.47 monthly premium, and has been treated by the following:
MEDICAL INVOICES
Phoenix Emergency Medical Broward LLC
P.O. Box 100318
Atlanta, GA 30384-0318
North Broward Hospital District
3000 Coral Hills Drive
Coral Springs, FL 33065
Comm. Ortho & Center
7225 N. University Drive, Suite 201
Tamarac, FL 33321
Coral Springs, EKG Readers
P.O. Box 198334
Atlanta, GA 30384-8334
North Broward Hospital District
3000 Coral Hills Drive
Coral Springs, FL 33065
Shibu Varughese, M.D.
4760 SW 66" Terrace
Davie, FL 33314-4325
William J. Rand, M.D.
5 W. Sample Road.
Pompano Beach, FL 33064
N. Broward Radiologists, Dept. 203103
P.O. Box 100635
Fort Lauderdale, FL 33310-0635
North Broward Hospital District
P.O. Box 862851
Orlando, FL 32886
North Broward Hospital District
P.O. Box 862851
Orlando, FL 32886
DATE OF SERVICE: 4/6/2011
Claim No.: 09-11116-789-050
Chest X-ray
Control
FLAU
No.: 211082001226081
Hospital Care
Control No.: 11-11101-534-490
Control No.: 02-11116-312-130
2-day hospital care
Control No.: 21110301388005 FLA
Claim No.
2 11-11117-053-600
Claim No.: 96-11051-463-180
Claim No.
Claim No.
Claim No.
13
. 09-11 109-827-100
.: 10-11122-654-100
2 18-11117-112-060
$861.15
$297.00
$200.00
$9.32
$1,132.00
$484.00
$825.00
$82.00
$619.00
$668.00Sel
Lauren Lerner, M.D.
4399 N. Nob Hill Rd.
Sunrise, FL 33351-5813
N. Broward Radiologists, Dept. 203103
P.O. Box 100635
Fort Lauderdale, FL 33310-0635
N. Broward Radiologists, Dept. 203103
P.O. Box 100635
Fort Lauderdale, FL 33310-0635
Ebon Anthony Bourne, M.D.
201 NW 82 Avenue
Plantation, FL 33324
Gutierrez & Faxas, M.D.
10000 W. Sample Road
Coral Springs, FL 33065-3936
Lal Bhaghandani MD.
2825 N. State Road 7, Suite 201
Margate, FL 33063-5737
Lauren Lemer, M.D.
4399 N. Nob Hill Rd.
Sunrise, FL 33351-5813
City of Coral Springs Fire Department
Care of Pro Billing
N2930 State Road 22
‘Wautoma, WI 54982-5267
American Ambulance Service
P.O. Box 22-1178
Hollywood, FL 33022-1178
Ebon Anthony Bourne, M.D.
201 NW 82 Avenue
Plantation, FL 33324
Gutierrez & Faxas, M.D.
10000 W. Sample Road
Coral Springs, FL 33065-3936
Claim No.: 10-11117-753-430
Claim No. 09-11109-826-590
Claim No.: 09-11109-826-600
Claim No.: 09-11129-092-580
Claim No.: 09-11123-206-71-
Claim No,: 11-11104-136-790
Claim No.: 02-11108-862-540
Ref. No.: 159-11-003737
Claim No,: 09-11145-638-790
Claim No.: 09-11137-042-530
Claim No.: 09-11133-006-690
14
$590.00
$739.00
$339.00
$682.00
$155.00
$355.00
$475.00
$445.00
unpaid
$322.70
$682.00
$155.00Lauren Lerner, M.D. Claim No.: 09-11131-021-220 $820.00
4399 N. Nob Hill Rd.
Sunrise, FL 33351-5813
Lauren Lerner, M.D. Claim No.: 09-11131-021-210 $130.00
4399 N. Nob Hill Rd.
Sunrise, FL 33351-5813
Lauren Lerner, M.D. Claim No.: 09-11137-041-100 $80.00
4399 N. Nob Hill Rd.
Sunrise, FL 33351-5813
William J. Rand, M.D. Claim No.: 48-11073-090-870 $90.00
5 W. Sample Road
Pompano Beach, FL 33064
Coral Springs Medical Center
3000 Coral Hills Drive
Coral Springs FL 33065
Dr. Mitchell Pollak
8100 Royal Palm Boulevard
Coral Springs, Fl. 33065
Dr. Grape
Harbor Medical Assoc.
541 Main St, Ste. 400
South Weymouth, MA
14. State the name, address and phone number of each pharmacy used by you to fill any
prescription medicine you have received in the last two years prior to the date of the incident that is
the subject of this civil action.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: CVS Pharmacy, 2353 University
Drive, Coral Springs, FL, 33065, 954-757-6330
15. State the name address and phone number of each pharmacy used by you to fill any
prescription medicine you have received since the date of the incident that is the subject of this civil
action.
15ANSWER:
Subject to and without waiving Plaintiff's General Objections: CVS Pharmacy, 2353 University
Drive, Coral Springs, FL, 33065, 954-757-6330
16, State the name and last known address of all your employers for the past seven (7) years
and, as to each, state your job title, nature of your duties, your highest rate of pay, and your reason
for leaving each such employment.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: None.
17. Describe all accidents and personal injuries you have suffered at any time prior to the
incident and, for each state the date, location, circumstances and nature of the injuries suffered.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: Plaintiff further objects to this
interrogatory because it is irrelevant, over broad, unduly burdensome and not reasonably limited in
time or scope. Without waving any of her objections, in or about September 4, 2007, at Sample
Road, Coconut Creek, FL, Plaintiff was in a large Passenger van and was rear-ended. Injuries
included lower back, bruised and/or fractured ribs. Plaintiff cannot recall having any other
accidents or incidents.
18. Describe all accidents and/or personal injuries you have suffered at any time subsequent to
the incident and, for each, state the date, location, circumstances and nature of the injuries suffered.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: None.
19. If you have ever made a claim or filed a lawsuit against anyone as a result of a personal
injury to yourself or any member of your family, as to each, state the names of all parties to such
claims or lawsuits, the venue of such claims or lawsuits, the date such claims or lawsuits were filed,
the nature of the injuries sued upon, and the circumstances of the injuries.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: Plaintiff file a claim (not a lawsuit)
with State Farm Insurance Company, Florida, October, 2007, see item no. 17.
16CO
©
20. ‘If you have ever been married, state as to each marriage the name of your spouse, place and
date of marriage, the method and place of termination of the marriage (if applicable) and each
formers spouse's last known address.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: James C. Johnston, Boston, Mass.
October 5, 1940 deceased, 483 Liberty Street, Braintree Mass, 02184
21. Have you, your agents or your attorneys obtained any statements from any eye witness to
the incident or other persons who have knowledge as to any issues raised by the Complaint, and if
so, state the name and address of the person obtaining such statement, the date the statement was
taken, the name and address of the person making the statement, and the name and- address of each
person in possession of a copy of such statement.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: Yes, James Johnston, 419 N.W. 104
Avenue, Coral Springs Florida 33071.
22. At any time prior to the incident did you sustain any injuries, have any medical problems, or
undergo any surgical procedure or medical treatment at or for any of the parts of your body you
claim were injured in the accident, and if so, as to each, state the date of such injury, medical
problem or treatment, the nature of such injury, medical problem, the body part or parts involved
and the name and address of each physical or medical institution or provider by whom or where
treatment was rendered.
ANSWER:
Subject to and without waiving Plaintiff's General Objections: None known that relate to Plaintiff's
injuries stemming from the incident the basis of the Complaint.
v7SIGNATURE AND NOTARY PAGE
STATE OF FLORIDA )
)
COUNTY OF )
ad
: Ws eA > DA, , duly sworn upon oath, deposes and says that
the foregoing Answers are based upon personal knowledge, are true, complete and correct.
wy 4 C.
The foregoing instrument was acknowledged before me this /. 3 day of Wwowst
2012, vy AWAY Gc, J o hus Prot ano is personally known to me or who has produced
as identification and who did/did not take an oath.
LL Llu ah dh_—
Notary Public Stateof trid wu
Commission No:
commission expi DEBORAH SEHRES
My L pirat MY COMMISSION # EE 165856
: * EXPIRES: February @, 2018
RANT Dede Tis Bdge any Sues
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IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 062012CA019330AXXXE
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THE STATE OF FLORIDA:
ert acenacaad
PS Form 3800, August 2006 Ei
TO: Records Custodian of
Phoenix Emergency Medical Broward, LLC
P.O. Box 100318
Atlanta, GA 30384
YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS
TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within
fifteen (15) days after service of process the following:
Any and all medical records, including, but not limited to doctors’ reports;
nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s
questionnaire; telephone messages; copy of all folder jackets; correspondence;
entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan
reports; test results; bills for services (paid or unpaid); and any other
documentation; papers; and/or memorandum relating to the care and treatment
of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.:
from the inception of your records to the present.
HIPAA Certificate- This certifies that this Subpoena has been issued in compliance
with the Health Insurance Portability and Accountability Act of 1996, (HIPAA),
Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this Subpoena has been issued
EXHIBIT
licpursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena
has made a good faith attempt to provide written notice to the Plaintiff/Patient listed
above by sending her attorney, a notice of the issuance of this Subpoena which
included sufficient information about the litigation to permit the Plaintiff/Patient to
raise an objection to the court or administrative tribunal. The time for the
Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has
expired and no objections were filed.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this Subpoena by providing legible copies of the
items to be produced to the attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment in
advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney
whose name appears on this subpoena and thereby eliminate your appearance at the time and
place specified above. You have the right to object to the production pursuant to this Subpoena at
any time before production by giving written notice to the attorney whose name appears on this
Subpoena. This is not a deposition. No testimony will be taken.
Please execute the attached Certificate of Authenticity and return with records,
IF YOU FAIL TO:
appear as specified; or
XX_ fumish the records instead of appearing as provided above; or
object to this subpoena;
you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this
Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond tothis Subpoena as wali
DATED this l
day of olember 2012.
POWERS MCNALIS TORRES TEEBAGY LUONGO
Attorney for Defendant
P.O, Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
(561) 588-3705 Facsimile
No.,: 074837
N. HEISLER, Il, ESQUIRE
orida Bar No.: 100498
CAPAC-12470/26IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 062012CA019330AXXXE
MARY JOHNSTON,
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. /
SUBPOENA DUCES TECUM
(Mail In Records Only)
THE STATE OF FLORIDA:
TO: Records Custodian of
Dr. Gil Gutierrez
10000 West Sample Road
Coral Springs, FL 33065
YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS
TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within
fifteen (15) days after service of process the following:
Any and all medical records, including, but not limited to doctors’ reports;
nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s
questionnaire; telephone messages; copy of all folder jackets; correspondence;
entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan
reports; test results; bills for services (paid or unpaid); and any other
documentation; papers; and/or memorandum relating fo the care and treatment
of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.: [E:
from the inception of your records to the present.
HIPAA Certificate- This certifies that this Subpoena has been issued in compliance
with the Health Insurance Portability and Accountability Act of 1996, (HIPAA),
Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this Subpoena has been issuedpursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena
has made a good faith attempt to provide written notice to the Plaintiff/Patient listed
above by sending her attorney, a notice of the issuance of this Subpoena which
included sufficient information about the litigation to permit the Plaintiff/Patient to
raise an objection to the court or administrative tribunal. The time for the
Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has
expired and no objections were filed.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this Subpoena by providing legible copies of the
items to be produced to the attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment in
advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney
whose name appears on this subpoena and thereby eliminate your appearance at the time and
place specified above. You have the right to object to the production pursuant to this Subpoena at
any time before production by giving written notice to the attorney whose name appears on this
Subpoena. This is not a deposition, No testimony will be taken.
Please execute the attached Certificate of Authenticity and return with records.
IF YOU FAIL TO:
appear as specified; or
XX_ furnish the records instead of appearing as provided above; or
object to this subpoena;
you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this
Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond tothis Subpoena as directed.
DATED this Ww
CAPAC-12470/23
day of f rpteneR 2012.
POWERS MCNALIS TORRES TEEBAGY LUONGO
Attorney for Defendant
P.O. Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
(561) 588-3705 Facsimile
RRY N. HEISLER, Il, ESQUIRE
Florida Bar No.: 100498IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR,
BROWARD COUNTY, FLORIDA
MARY JOHNSTON, CASE NO. 062012CA019330AXXXE
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. /
SUBPOENA DUCES TECUM
(Mail In Records Only)
THE STATE OF FLORIDA:
TO: Billing Records Custodian of
Broward Health Coral Springs — Billing Department
3000 Coral Hills Drive
Coral Springs, FL 33065
YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS
TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within
fifteen (15) days after service of process the following:
Any and all bills for services (paid or unpaid) and a payment history report
relating to the care and treatment of MARY JOHNSTON, DOB: 11/2/1915;
Social Security No.: =.
HIPAA Certificate- This certifies that this Subpoena has been issued in compliance
with the Health Insurance Portability and Accountability Act of 1996, (HIPAA),
Public Law 104-901 and 45 CFR 164.512(e)(1)Gi) as this Subpoena has been issued
pursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena
has made a good faith attempt to provide written notice to the Plaintiff/Patient listed
above by sending her attorney, a notice of the issuance of this Subpoena which
included sufficient information about the litigation to permit the Plaintiff/Patient to
raise an objection to the court or administrative tribunal. The time for the
Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla, R. Civ, P. has
expired and no objections were filed. :These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this Subpoena by providing legible copies of the
items to be produced to ihe attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment in
advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney
whose name appears on this subpoena and thereby eliminate your appearance at the time and
place specified above. You have the right to object to the production pursuant to this Subpoena at
any time before production by giving written notice to the attorney whose name appears on this
Subpoena. This is not a deposition. No testimony will be taken.
Please execute the attached Certificate of Authenticity and return with records.
IF YOU FAIL TO:
appear as specified; or
XX_ furnish the records instead of appearing as provided above; or
object to this subpoena;
you may be in contempt of Court, You are subpoenaed by the attorney whose name appears on this
Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond to
this Subpoena as rs;
DATED this 0 day of ppter nbee , 2012.
POWERS MCNALIS TORRES TEEBAGY LUONGO
Attorney for Defendant
P.O, Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
BY¢
Bar No.: 074837
ARRY N. HEISLER, I, ESQUIRE
Florida Bar No.: 100498
CAPAC-12470/22 .D
alt
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 062012CA019330AXXXE
MARY JOHNSTON,
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. t
SUBPOENA DUCES TECUM
(Mail In Records Only)
THE STATE OF FLORIDA:
TO: Records Custodian of
Community Orthopedics & Center for Joint Replacement
N. University Drive, Suite 201
Tamarac, FL 33321
YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS
TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within
fifteen days after service of process the following:
Any and all medical records, including, but not limited to doctors’ reports;
nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s
questionnaire; telephone messages; copy of all folder jackets; correspondence;
entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan
reports; test results; bills for services (paid or unpaid); and any other
documentation; papers; and/or memorandum relating to the care and treatment
of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.: NE;
from the inception of your records to the present.
HIPAA Certificate- This certifies that this Subpoena has been issued in compliance
with the Health Insurance Portability and Accountability Act of 1996, (HIPAA),
Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this Subpoena has been issuedpursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena
has made a good faith attempt to provide written notice to the Plaintiff/Patient listed
above by sending her attorney, a notice of the issuance of this Subpoena which
included sufficient information about the litigation to permit the Plaintiff/Patient to
raise an objection to the court or administrative tribunal. The time for the
Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has
expired and no objections were filed.
These items will be inspected and may be copied at that time, You will not be required to
surrender the original items. You may comply with this Subpoena by providing legible copies of the
items to be produced to the attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment in
advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney
whose name appears on this subpoena and thereby eliminate your appearance at the time and
place specified above. You have the right to object to the production pursuant to this Subpoena at
any time before production by giving written notice to the attorney whose name appears on this
Subpoena. This is not a deposition. No testimony will be taken.
Please execute the attached Certificate of Authenticity and return with records,
IF YOU FAIL TO:
appear as specified; or
XX_ furnish the records instead of appearing as provided above; or
object to this subpoena;
you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on thisSubpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond to
this Subpoena as directed.
DATED this (Stay of _. vetem| RR, 2012.
POWERS MCNALIS TORRES TEEBAGY LUONGO
Attomey for Defendant
P.O. Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
far No.: 074837
Y N. HEISLER, II, ESQUIRE
frida Bar No.: 100498
CAPAC-12470/27a\t
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO, 062012CA019330AXXXE
MARY JOHNSTON,
Plaintiff,
VS.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. /
SUBPOENA DUCES TECUM
(Mail In Records Only)
THE STATE OF FLORIDA:
TO: Records Custodian of
Dr. Shibu Varughese
4760 SW 66th Terrace
Davie, FL 33314
YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS
TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within
fifteen (15) days after service of process the following:
Any and all medical records, including, but not limited to doctors’ reports;
nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s
questionnaire; telephone messages; copy of all folder jackets; correspondence;
entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan
reports; test results; bills for services (paid or unpaid); and any other
documentation; papers; and/or memorandum relating to the care and treatment
of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.:
from the inception of your records to the present.
HIPAA Certificate- This certifies that this Subpoena has been issued in compliance
with the Health Insurance Portability and Accountability Act of 1996, (HIPAA),
Public Law 104-901 and 45 CFR 164.512(e)(1)(i) as this Subpoena has been issued~
pursuant to Rules 1.410 and 1,351, Fla. R. Civ. P. The Party issuing this Subpoena
has made a good faith attempt to provide written notice to the Plaintiff/Patient listed
above by sending her attorney, a notice of the issuance of this Subpoena which
included sufficient information about the litigation to permit the Plaintiff/Patient to
raise an objection to the court or administrative tribunal. The time for the
Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has
expired and no objections were filed.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this Subpoena by providing legible copies of the
items to be produced to the attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment in
advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney
whose name appears on this subpoena and thereby eliminate your appearance at the timeand
place specified above. You have the right to object to the production pursuant to this Subpoena at
any time before production by giving written notice to the attorney whose name appears on this
Subpoena. This is not a deposition. No testimony will be taken.
Please execute the attached Certificate of Authenticity and return with records.
IF YOU FAIL TO:
appear as specified; or
XX_ fumish the records instead of appearing as provided above; or
object to this subpoena;
you may be in contempt of Court, You are subpoenaed by the attorney whose name appears on this
Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond tothis Subpoena as directed.
DATED this oh day of Y pler beR » 2012.
POWERS MCNALIS TORRES TEEBAGY LUONGO
Attorney for Defendant
P.O, Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
(561) 588-3705 Facsimile
BY:
'Y N. HEISLER, Il, ESQUIRE
forida Bar No.: 100498
CAPAC-12470/287 aa RC
al?
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO, 062012CA019330AXXXE
MARY JOHNSTON
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. /
SUBPOENA DUCES TECUM
(Mail In Records Only)
THE STATE OF FLORIDA:
TO: Records Custodian of
William J. Rand, MD Rand Eye Institute
5 West Sample Road
Pompano Beach, FL 33064
YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS
TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within
fifteen (15) days after service of process the following:
Any and all medical records, including, but not limited to doctors’ reports;
nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s
questionnaire; telephone messages; copy of all folder jackets; correspondence;
entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan
reports; test results; bills for services (paid or unpaid); and any other
documentation; papers; and/or memorandum relating to the care and treatment
of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.: NE;
from the inception of your records to the present.
HIPAA Certificate- This certifies that this Subpoena has been issued in compliance
with the Health Insurance Portability and Accountability Act of 1996, (HIPAA),
Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this Subpoena has been issuedpursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena
has made a good faith attempt to provide written notice to the Plaintiff/Patient listed
above by sending her attorney, a notice of the issuance of this Subpoena which
included sufficient information about the litigation to permit the Plaintiff/Patient to
taise an objection to the court or administrative tribunal. The time for the
Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has
expired and no objections were filed.
These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this Subpoena by providing legible copies of the
items to be produced to the attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment in
advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney
whose name appears on this subpoena and thereby eliminate your appearance at the time and
place specified above. You have the right to object to the production pursuant to this Subpoena at
any time before production by giving written notice to the attorney whose name appears on this
Subpoena. This is not a deposition. No testimony will be taken.
Please execute the attached Certificate of Authenticity and return with records.
IF YOU FAIL TO:
appear as specified; or
XX_ furnish the records instead of appearing as provided above; or
object to this subpoena;
you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this
Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond tothis Subpoena as directed,
DATED this Be day of September » 2012.
POWERS MCNALIS TORRES TEEBAGY LUONGO
Attorney for Defendant
P.O. Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
(561) 58843705 Facsimile
Y N. HEISLER, II, ESQUIRE
Florida Bar No.: 100498
CAPAC~12470/29ah?
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR.
BROWARD COUNTY, FLORIDA
CASE NO. 062012CA019330AKXXE
MARY JOHNSTON,
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. /
SUBPOENA DUCES TECUM
(Mail In Records Only)
THE STATE OF FLORIDA:
TO: Records Custodian of
Broward Health Coral Springs
3000 Coral Hills Drive
Coral Springs, FL 33065
YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS
TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within
fifteen (15) days after service of process the following:
Any and ali medical records, including, but not limited to doctors’ reports;
nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s
questionnaire; telephone messages; copy of all folder jackets; correspondence;
entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan
reports; test results; and any other documentation; papers; and/or
memorandum relating to the care and treatment of MARY JOHNSTON, DOB:
11/2/1915, Social Security Nc: i.
HIPAA Certificate- This certifies that this Subpoena has been issued in compliance
with the Health Insurance Portability and Accountability Act of 1996, (HIPA
Preview
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 5/10/2013 4:42:17 PM.**** Electronically Filed 05/10/2013 04:46:40 PM ET IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 062012CA019330AXXXE MARY JOHNSTON, Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. / DEFENDANT'S MOTION TO CONTINUE TRIAL Defendant, VLN DEVELOPMENT, LLC, by and through undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.460, hereby files this Motion to Continue Trial, and in support thereof states: 1. This case arises out of a personal injury claim as the result of an alleged trip and fall accident that occurred at or near the sidewalk of a shopping center located at 9866 West Sample Road, Coral Springs, Florida on April 6, 2011. 2. Plaintiff's Complaint was filed on or about July 10, 2012. 3. Upon service of process, Defendant’s Answer and Affirmative Defenses to the Complaint was timely filed on or about July 23, 2012. 4. This matter is being expedited due to Plaintiffs age, 97 years-old, and this case is currently set for trial on this Honorable Court’s two-week jury trial docket commencing on June 10, 2013.5. The parties have been working to have this matter ready for trial, however, due to recent discoveries regarding Plaintiffs medical providers for past and current medical treatment, the Defendant requires additional time. 6. On or about July 27, 2012, Defendant served Plaintiff with its First Set of Interrogatories. See attached Exhibit “A”. 7. The First Set of Interrogatories sought information from the Plaintiff, including but not limited to: (1) each item of expense she claimed to have incurred as a result of her incident, including for cach item to whom it was owed or paid; (2) the names and last known addresses of all physicians or medical institutes that treated the Plaintiff in the past fifteen years; and (3) whether any benefits had been paid or were payable for the expenses listed in her answers and if so, the nature of such benefits, the amount of such benefits and, if such benefits were derived by insurance coverage, state the type of insurance, who paid the premium for the insurance, the name of the insurance company and the policy number. See attached Exhibit “A”. 8. On or about September 14, 2012, Plaintiff filed her Verified Answers to Defendant’s First Set of Interrogatories. See attached Exhibit “B”. 9. In response to Defendant’s Interrogatory No. 9, requesting Plaintiff to list each item of expense she claimed to have incurred as a result of the injuries related to the incident, giving for cach item the date incurred, to whom owed or paid, the nature of the goods and services for which each expense was incurred, and the basis for claiming such expense was related to the incident, Plaintiff provided a list of medical expenses, as well as “Blue Cross/Blue Shield Medic Bronze Policy No. 9846093480000, $186.47 monthly premium.” See § 9 of Exhibit “B”. 10. In response to Defendant’s Interrogatory No. 13, requesting Plaintiff to providethe name and last known addresses of all physicians or medical institutes who treated Plaintiff in the past 15 years, Plaintiff provided a list of approximately sixteen different medical providers. See { 13 of Exhibit “B”. 11. In response to Defendant’s Interrogatory No. 11, requesting Plaintiff to state whether any benefits had been paid or were payable for the medical expenses related to the incident, as well as the nature of such benefits, the amount of such benefits and, if such benefits were derived by insurance coverage, type of insurance, who paid the premium for the insurance, the name of the insurance company and the policy number, Plaintiff asserted that she maintains “Blue Cross/Blue Shield Medic Bronze Pelicy No. 9846093480000, $186.47 monthly premium...” See 11 of Exhibit “B”. 12. On or about September 10, 2012 and October 22, 2012, Defendant issued Subpoenas Duces Tecum to the medical providers Plaintiff listed in her Answers to the First Set of Interrogatories, to obtain medical records and medical expenses in order to evaluate Plaintiff's personal injury claims and damages. See Composite Exhibit “C”. 13. Because Plaintiff did not specify or provide otherwise, Defendant inferred from Plaintiffs responses that Plaintiffs Blue Cross and Blue Shield Health Insurance, Policy No.9846093480000 was provided by the State of Florida. 14. As such, on or about October 1, 2012, Defendant issued a Subpoena Duces Tecum to Blue Cross and Blue Shield of Florida, a copy of which was also sent to the Plaintiff. See Exhibit “D”. 15. On or about December 28, 2012, upon no response from Blue Cross and Blue Shield of Florida, Defendant sent them a follow-up correspondence inquiring about Plaintiff's records. See Exhibit “E”.16. On or about December 28, 2012 Blue Cross and Blue Shield of Florida responded that no records for Plaintiff existed. See Exhibit “F”. 17. On or about February 11, 2013, Defendant served Plaintiff with its Second Set of Interrogatories. See attached Exhibit “G”. 18. The Second Set of Interrogatories sought information from the Plaintiff which included: (1) the name and last known address of all physicians or medical institutes by whom or at which she was treated subsequent to the date of filing her response to Defendant’s First Set of Interrogatories; (2) the name, address and phone number of each pharmacy used to fill any prescription medicine she received subsequent to the date of filing her response to Defendant’s First Set of Interrogatories; and (3) description of all accidents and/or personal injuries she suffered at any time subsequent to the date of filing her response to Defendant’s First Set of Interrogatories. See attached Exhibit “G”. 19. On or about March 29, 2013, Plaintiff filed her Verified Answers to Defendant’s Second Set of Interrogatories and provided four treating physicians/healthcare centers, three of which that were not included in her Verified Answers to Defendant’s First Set of Interrogatories, See attached Exhibit “H”. 20. Upon review of medical records produced by one of Plaintiffs healthcare providers, Defendant came across a copy of Plaintiff's Blue Cross and Blue Shield Health Insurance card which revealed that it was issued in the State of Massachusetts. 21. Plaintiff was aware of Defendant misguidedly issuing a Subpoena Duces Tecum to Blue Cross and Blue Shield of Florida but yet failed to inform Defendant that Plaintiff's Blue Cross and Blue Shield Health Insurance was in fact issued by the State of Massachusetts. 22. Plaintiff's failure to disclose this information to the Defendant was done in badfaith, served to delay this litigation and prejudiced the Defendant in its investigation of Plaintiff's claims. 23. Because Plaintiff's Blue Cross and Blue Shield Health Insurance was issued in Massachusetts, Defendant first had to issue an authorization to Plaintiff in order to obtain records which it did on or about April 3, 2013. See attached Exhibit “I”. 24, On or about April 8, 2013, Defendant received authorization from Plaintiff. See attached Exhibit “J”. 25. Defendant did not receive Blue Cross and Blue Shield of Massachusetts Health Insurance records for the Plaintiff until on or about May 6, 2013. See attached Exhibit “K”. 26. Upon review of these records, Defendant discovered twenty-six (26) medical providers that Plaintiff failed to disclose as treating her in the past fifteen years in her response to Defendant’s First Set of Interrogatories and during her deposition. See attached Exhibit “K”. 27. Defendant does not have sufficient time to subpoena, receive and evaluate medical records maintained by these recently discovered healthcare providers before this Honorable Court’s two-week jury trial docket commencing on June 10, 2013. 28. Because this is a personal injury action, Plaintiff's past medical history is a crucial issue in this case and due to Plaintiffs bad faith efforts to conceal the properly requested information regarding Plaintiff's Blue Cross and Blue Shield Health Insurance, Defendant has been prevented from adequately investigating Plaintiffs claims and properly defending this litigation. 29. A motion to continue shall be in writing, signed by the moving party, and state the facts that entitled the moving party to a continuance. See Fla. R. Civ. P. 1.460. A trial court’s decision whether to grant a continuance is subject to an abuse of discretion standard of review.See SSJ Mercy Health Sys., Inc. v. Posey, 756 So.2d 177, 179 (Fla. 4th DCA 2000). Factors to be considered by the trial court when deciding whether a motion for continuance should be granted include whether the denial of the continuance creates an injustice for the moving party, whether the cause of the request was unforeseeable by the moving party and not the result of dilatory conduct, and whether the opposing party would suffer any prejudice or inconvenience as a result of the continuance. Fleming v. Fleming, 710 So.2d 601, 603 (Fla. 4th DCA 1998). 30. Defendant has continued to diligently prepare this case for trial. However, Defendant will not be able to adequately present its defenses at trial, based on the recent discovery of Plaintiff's past medical providers. 31. The cause of this request was not foreseeable by the Defendant, nor was it the result of dilatory conduct by the Defendant. 32. Defendant would be severely prejudiced if forced to proceed to trial without the opportunity to evaluate Plaintiff's past medical treatment rendered by the numerous medical providers that were recently revealed in Plaintiff's Blue Cross and Blue Shield of Massachusetts Health Insurance records. 33. Defendant has diligently pursued discovery and investigation of this matter and has not unreasonably and/or intentionally delayed the proceedings. 34. This Defendant has not previously sought a continuance of trial in this matter. 35. The parties will not be prejudiced if this matter is continued from the present trial docket so as to afford the parties a full and fair opportunity to prepare for trial and for Defendant to prepare its defenses in this matter. 36. This motion is made in good faith and not for purposes of delay. 37. Defendant’s Consent to Continue Trial will be submitted in a supplemental filing.WHEREFORE, Defendant, VLN DEVELOPMENT, respectfully requests this Honorable Court grant its Motion to Continue Trial and enter an order continuing the trial of this matter, and for such other and further relief as it deems just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via email this or day of May, 2013, to: Robert Vessel, Esquire and Shyamie Dixit, Jr., Esquire, respectivly: rvessel@dixitlaw.com; sdixit@dixitlaw.com; shyamiedixit@gmail.com; scampbell@dixitlaw.com. POWERS MCNALIS TORRES TEEBAGY LUONGO P.O. Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone (561) 588-3705 Facsimile Service Email: eservice@powersmenalis.com Counsel for Defendant, VLN Development By: fe ¢ Jamila V. Alexander, Esquire Florida Bar No.: 587141 CAPAC-12470/463 NN/nnIN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 062012CA019330AXXXE MARY JOHNSTON, Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. / NOTICE OF FILING DEFENDANT’S CONSENT TO CONTINUE THE TRIAL Defendant, VLN Development, LLC, by and through its undersigned counsel, hereby gives Notice of Filing Defendant’s Consent to Continue the Trial. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via email this “7 “ 11-11117-053-600 .: 96-11051-463-180 Claim No. 09-11109-827-100 Claim No. Claim No. Claim No. .: 10-11122-654-100 .2 18-11117-112-060 .: 10-11117-753-430 Claim No. 09-11109-826-590 Claim No. Claim No. Claim No. Claim No .: 09-11109-826-600 .: 09-11129-092-580 -: 09-11123-206-71- .: 11-11104-136-790 $484.00 $825.00 $82.00 $619.00. $668.00 $590.00 $739.00 $339.00 $682.00 $155.00 $355.00 Gre© Lauren Lerner, MD. 4399 N. Nob Hill Rd. aaa City of Coral Springs Fire Department Care of Pro Billing N2930 State Road 22 Wautoma, WI 54982-5267 American Ambylance Service P.O, Box 22-1178 Hollywoo! FL 33022-1178 Ebon Anthony Bourne, M.D. 201 NW 82 Avenue Plantation, FL 33324 Gutierrez & Faxas, M.D. 10000 W. Sample Road Coral Springs, FL 33065-3936 Lauren Lerner, M.D. 4399 N. Nob Hill Rd. Sunrise, FL 33351-5813 Lauren Lerner, M.D. 4399 N. Nob Hill Rd. Sunrise, FL 33351-5813 Lauren Lerner, M.D. 4399 N. Nob Hill Rd. Sunrise, FL 33351-5813 William J. Rand, M.D. 5 W. Sample Road Pompano Beach, FL 33064 Claim No.: Ref. No.: 159-11-003737 Claim No.: Claim No.: Claim No.: Claim No.: Claim No. Claim No.: Claim No.: 10 c 02-11108-862-540 $475.00 $445.00 unpaid 09-11145-638-790 $322.70 09-11137-042-530 $682.00 09-11133-006-690 $155.00 09-11131-021-220 $820.00 + 09-11131-021-210 $130.00 09-11137-041-100 $80.00 48-11073-090-870 $90.00 4 Z oe? €10. Do you contend that you have lost any form of wages, salary, income or compensation as a result of the injuries related to the incident and, if so, state the amount lost, the period during which it was lost, the nature of such money, the method that you used in computing this amount, the specific dates missed from work and the reason work was missed, and the basis upon which you claim that this loss was related to the incident. ANSWER: Subject to and without waiving Plaintiff's General Objections: No. 11. Have any benefits been paid or are payable for the expenses listed in your answers to interrogatories 9 and 10 above and, if so, state the nature of such benefits, the amount of such benefits and, if such benefits are derived by insurance coverage, state the type of insurance, who paid the premium for the insurance, the name of the insurance company and the policy number. ANSWER: Subject to and without waiving Plaintiffs General Objections: Plaintiff further objects to this interrogatory because it calls for an expression of medical opinion or contention that relates to fact. The interrogatory also is generally improper inasmuch as it would require Plaintiff to marshal all of her available proof or the proof she intends to marshal at trial. In addition, it is impossible to answer any questions that require a complete factual basis because her medical treatment is ongoing and Plaintiff cannot possibly anticipate all facts, damages and witnesses that might come out at trial or in discovery. Without waving any of her objections, Plaintiff states that her medical and healthcare providers, whose knowledge may be derived or ascertained from her records, including insurance and medical records, will be produced or an authorization to receive them will be provided, and the burden of deriving or ascertaining the answer is substantially the same for Defendant as for the Plaintiff. Notwithstanding, Plaintiff maintains Blue Cross/Blue Shield Medic Bronze Policy No. 9846093480000, $186.47 monthly premium, and Medicare part A and B Policy No. 8107-A / Blue Cross Blue Shield. 12. Describe each in jury for which you are claiming damages in this case, specifying for each the part of your body that was injured, the nature of the injury, which injuries are permanent, and how these injuries affect any aspect of your daily life. ANSWER: Subject to and without waiving Plaintiff's General Objections: Plaintiff further objects to this interrogatory because it calls for an expression of medical opinion or contention that relates to fact. The interrogatory also is generally improper inasmuch as it would require Plaintiff to marshal all of her available proof or the proof she intends to marshal at trial. In addition, it is impossible to answer any questions that require a complete factual basis because her medical treatment is ongoing and Plaintiff cannot possibly anticipate all facts, damages and witnesses that might come out at trial or in discovery. 11© Without waving any of her objections, Plaintiff suffered substantial physical injury, including but not limited to a right pelvic fracture, right ischium, superior lateral pubic ramus fracture and inferior pubic ramus with a non-displaced fracture, right lower leg fracture, right lateral 9th rib fracture with a rib end small hematoma, right knee showed osteoarthritic with small joint effusion, soreness in the knee areas when stepping up or down while shifling weight, soreness in the right hip while climbing, stepping up or down and sitting or rising from the seated position. Plaintiff was caused to incur the following damages: Reasonable medical care and expenses in the past, which were incurred by Plaintiff for the necessary care and treatment of the injuries resulting from the incident complained of herein and such charges are reasonable and were usual and customary charges for such services in Broward County, Florida; Reasonable and necessary medical care and expense which will in all reasonable probability be incurred in the future; Physical pain and suffering in the past and physical pain and suffering the future; Physical impairment in the past and physical impairment that may be suffered in the future; Restriction in usual activities and affairs and, in all reasonable probability, restriction in usual activities and affairs in the future; and, Mental anguish in the past and mental anguish in the future. Plaintiff also incurred other reasonable and necessary medical expenses for her care and treatment in an effort to alleviate and cure her injuries, and will continue to incur additional expenses in the future. Plaintiff further states that the answer to this interrogatory may be derived or ascertained from her medical records, which will be produced or an authorization to receive them will be provided, and the burden of deriving or ascertaining the answer is substantially the same for Defendants as for the Plaintiff. A better means for obtaining this information would be via deposition. Plaintiff reserves the right to supplement this response; her investigation continues. 13. State the last known address of all physicians or medical institutes by whom or at which you have been treated in the past 15 years and, for each state the dates that such treatment was received, the nature of the complaints for which you received treatment, the nature of the actual treatment received, whether or not such treatment was rendered in connection with the incident and, if so, how was it related to the incident. ANSWER: Subject to and without waiving Plaintiff's General Objections: Plaintiff further objects to this interrogatory because it calls for an expression of medical opinion or contention that relates to fact. The interrogatory also is generally improper inasmuch as it would require Plaintiff to marshal all of her available proof or the proof she intends to marshal at trial. In addition, it is impossible to answer any questions that require a complete factual basis because her medical treatment is ongoing and Plaintiff cannot possibly anticipate all facts, damages and witnesses that might come out at trial or in discovery. Without waving any of her objections, Plaintiff states that her medical and healthcare providers, whose knowledge may be derived or ascertained from her records, including insurance and medical records, will be produced or an authorization to receive them will be provided, and the burden of deriving or ascertaining the answer is substantially the same for Defendant as for the Plaintiff. 12Notwithstanding, Plaintiff maintains Blue Cross/Blue Shield Medic Bronze Policy No. 9846093480000, $186.47 monthly premium, and has been treated by the following: MEDICAL INVOICES Phoenix Emergency Medical Broward LLC P.O. Box 100318 Atlanta, GA 30384-0318 North Broward Hospital District 3000 Coral Hills Drive Coral Springs, FL 33065 Comm. Ortho & Center 7225 N. University Drive, Suite 201 Tamarac, FL 33321 Coral Springs, EKG Readers P.O. Box 198334 Atlanta, GA 30384-8334 North Broward Hospital District 3000 Coral Hills Drive Coral Springs, FL 33065 Shibu Varughese, M.D. 4760 SW 66" Terrace Davie, FL 33314-4325 William J. Rand, M.D. 5 W. Sample Road. Pompano Beach, FL 33064 N. Broward Radiologists, Dept. 203103 P.O. Box 100635 Fort Lauderdale, FL 33310-0635 North Broward Hospital District P.O. Box 862851 Orlando, FL 32886 North Broward Hospital District P.O. Box 862851 Orlando, FL 32886 DATE OF SERVICE: 4/6/2011 Claim No.: 09-11116-789-050 Chest X-ray Control FLAU No.: 211082001226081 Hospital Care Control No.: 11-11101-534-490 Control No.: 02-11116-312-130 2-day hospital care Control No.: 21110301388005 FLA Claim No. 2 11-11117-053-600 Claim No.: 96-11051-463-180 Claim No. Claim No. Claim No. 13 . 09-11 109-827-100 .: 10-11122-654-100 2 18-11117-112-060 $861.15 $297.00 $200.00 $9.32 $1,132.00 $484.00 $825.00 $82.00 $619.00 $668.00Sel Lauren Lerner, M.D. 4399 N. Nob Hill Rd. Sunrise, FL 33351-5813 N. Broward Radiologists, Dept. 203103 P.O. Box 100635 Fort Lauderdale, FL 33310-0635 N. Broward Radiologists, Dept. 203103 P.O. Box 100635 Fort Lauderdale, FL 33310-0635 Ebon Anthony Bourne, M.D. 201 NW 82 Avenue Plantation, FL 33324 Gutierrez & Faxas, M.D. 10000 W. Sample Road Coral Springs, FL 33065-3936 Lal Bhaghandani MD. 2825 N. State Road 7, Suite 201 Margate, FL 33063-5737 Lauren Lemer, M.D. 4399 N. Nob Hill Rd. Sunrise, FL 33351-5813 City of Coral Springs Fire Department Care of Pro Billing N2930 State Road 22 ‘Wautoma, WI 54982-5267 American Ambulance Service P.O. Box 22-1178 Hollywood, FL 33022-1178 Ebon Anthony Bourne, M.D. 201 NW 82 Avenue Plantation, FL 33324 Gutierrez & Faxas, M.D. 10000 W. Sample Road Coral Springs, FL 33065-3936 Claim No.: 10-11117-753-430 Claim No. 09-11109-826-590 Claim No.: 09-11109-826-600 Claim No.: 09-11129-092-580 Claim No.: 09-11123-206-71- Claim No,: 11-11104-136-790 Claim No.: 02-11108-862-540 Ref. No.: 159-11-003737 Claim No,: 09-11145-638-790 Claim No.: 09-11137-042-530 Claim No.: 09-11133-006-690 14 $590.00 $739.00 $339.00 $682.00 $155.00 $355.00 $475.00 $445.00 unpaid $322.70 $682.00 $155.00Lauren Lerner, M.D. Claim No.: 09-11131-021-220 $820.00 4399 N. Nob Hill Rd. Sunrise, FL 33351-5813 Lauren Lerner, M.D. Claim No.: 09-11131-021-210 $130.00 4399 N. Nob Hill Rd. Sunrise, FL 33351-5813 Lauren Lerner, M.D. Claim No.: 09-11137-041-100 $80.00 4399 N. Nob Hill Rd. Sunrise, FL 33351-5813 William J. Rand, M.D. Claim No.: 48-11073-090-870 $90.00 5 W. Sample Road Pompano Beach, FL 33064 Coral Springs Medical Center 3000 Coral Hills Drive Coral Springs FL 33065 Dr. Mitchell Pollak 8100 Royal Palm Boulevard Coral Springs, Fl. 33065 Dr. Grape Harbor Medical Assoc. 541 Main St, Ste. 400 South Weymouth, MA 14. State the name, address and phone number of each pharmacy used by you to fill any prescription medicine you have received in the last two years prior to the date of the incident that is the subject of this civil action. ANSWER: Subject to and without waiving Plaintiff's General Objections: CVS Pharmacy, 2353 University Drive, Coral Springs, FL, 33065, 954-757-6330 15. State the name address and phone number of each pharmacy used by you to fill any prescription medicine you have received since the date of the incident that is the subject of this civil action. 15ANSWER: Subject to and without waiving Plaintiff's General Objections: CVS Pharmacy, 2353 University Drive, Coral Springs, FL, 33065, 954-757-6330 16, State the name and last known address of all your employers for the past seven (7) years and, as to each, state your job title, nature of your duties, your highest rate of pay, and your reason for leaving each such employment. ANSWER: Subject to and without waiving Plaintiff's General Objections: None. 17. Describe all accidents and personal injuries you have suffered at any time prior to the incident and, for each state the date, location, circumstances and nature of the injuries suffered. ANSWER: Subject to and without waiving Plaintiff's General Objections: Plaintiff further objects to this interrogatory because it is irrelevant, over broad, unduly burdensome and not reasonably limited in time or scope. Without waving any of her objections, in or about September 4, 2007, at Sample Road, Coconut Creek, FL, Plaintiff was in a large Passenger van and was rear-ended. Injuries included lower back, bruised and/or fractured ribs. Plaintiff cannot recall having any other accidents or incidents. 18. Describe all accidents and/or personal injuries you have suffered at any time subsequent to the incident and, for each, state the date, location, circumstances and nature of the injuries suffered. ANSWER: Subject to and without waiving Plaintiff's General Objections: None. 19. If you have ever made a claim or filed a lawsuit against anyone as a result of a personal injury to yourself or any member of your family, as to each, state the names of all parties to such claims or lawsuits, the venue of such claims or lawsuits, the date such claims or lawsuits were filed, the nature of the injuries sued upon, and the circumstances of the injuries. ANSWER: Subject to and without waiving Plaintiff's General Objections: Plaintiff file a claim (not a lawsuit) with State Farm Insurance Company, Florida, October, 2007, see item no. 17. 16CO © 20. ‘If you have ever been married, state as to each marriage the name of your spouse, place and date of marriage, the method and place of termination of the marriage (if applicable) and each formers spouse's last known address. ANSWER: Subject to and without waiving Plaintiff's General Objections: James C. Johnston, Boston, Mass. October 5, 1940 deceased, 483 Liberty Street, Braintree Mass, 02184 21. Have you, your agents or your attorneys obtained any statements from any eye witness to the incident or other persons who have knowledge as to any issues raised by the Complaint, and if so, state the name and address of the person obtaining such statement, the date the statement was taken, the name and address of the person making the statement, and the name and- address of each person in possession of a copy of such statement. ANSWER: Subject to and without waiving Plaintiff's General Objections: Yes, James Johnston, 419 N.W. 104 Avenue, Coral Springs Florida 33071. 22. At any time prior to the incident did you sustain any injuries, have any medical problems, or undergo any surgical procedure or medical treatment at or for any of the parts of your body you claim were injured in the accident, and if so, as to each, state the date of such injury, medical problem or treatment, the nature of such injury, medical problem, the body part or parts involved and the name and address of each physical or medical institution or provider by whom or where treatment was rendered. ANSWER: Subject to and without waiving Plaintiff's General Objections: None known that relate to Plaintiff's injuries stemming from the incident the basis of the Complaint. v7SIGNATURE AND NOTARY PAGE STATE OF FLORIDA ) ) COUNTY OF ) ad : Ws eA > DA, , duly sworn upon oath, deposes and says that the foregoing Answers are based upon personal knowledge, are true, complete and correct. wy 4 C. The foregoing instrument was acknowledged before me this /. 3 day of Wwowst 2012, vy AWAY Gc, J o hus Prot ano is personally known to me or who has produced as identification and who did/did not take an oath. LL Llu ah dh_— Notary Public Stateof trid wu Commission No: commission expi DEBORAH SEHRES My L pirat MY COMMISSION # EE 165856 : * EXPIRES: February @, 2018 RANT Dede Tis Bdge any Sues ll-~ +2 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 062012CA019330AXXXE MAR U.S. Postal Servicem | eee eerste ee | ch SPP cuca erro) Plaintiff, 1 see com: PPOFFICIAL USE ; m Postage | © VLN DEVELOPMENT, LLC, a Florida m Genited Fee Postmark \ Limited Liability Company, 3 cena Sti Regures vere Flastricted Delivery Fee Defendant. ! TS Eedorsement Fetes a ‘Tolal Postage & Foes | SUBPOENA DUCES TE a (Mail In Records On. a THE STATE OF FLORIDA: ert acenacaad PS Form 3800, August 2006 Ei TO: Records Custodian of Phoenix Emergency Medical Broward, LLC P.O. Box 100318 Atlanta, GA 30384 YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within fifteen (15) days after service of process the following: Any and all medical records, including, but not limited to doctors’ reports; nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s questionnaire; telephone messages; copy of all folder jackets; correspondence; entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan reports; test results; bills for services (paid or unpaid); and any other documentation; papers; and/or memorandum relating to the care and treatment of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.: from the inception of your records to the present. HIPAA Certificate- This certifies that this Subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPAA), Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this Subpoena has been issued EXHIBIT licpursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending her attorney, a notice of the issuance of this Subpoena which included sufficient information about the litigation to permit the Plaintiff/Patient to raise an objection to the court or administrative tribunal. The time for the Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has expired and no objections were filed. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this Subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this Subpoena at any time before production by giving written notice to the attorney whose name appears on this Subpoena. This is not a deposition. No testimony will be taken. Please execute the attached Certificate of Authenticity and return with records, IF YOU FAIL TO: appear as specified; or XX_ fumish the records instead of appearing as provided above; or object to this subpoena; you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond tothis Subpoena as wali DATED this l day of olember 2012. POWERS MCNALIS TORRES TEEBAGY LUONGO Attorney for Defendant P.O, Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone (561) 588-3705 Facsimile No.,: 074837 N. HEISLER, Il, ESQUIRE orida Bar No.: 100498 CAPAC-12470/26IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 062012CA019330AXXXE MARY JOHNSTON, Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. / SUBPOENA DUCES TECUM (Mail In Records Only) THE STATE OF FLORIDA: TO: Records Custodian of Dr. Gil Gutierrez 10000 West Sample Road Coral Springs, FL 33065 YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within fifteen (15) days after service of process the following: Any and all medical records, including, but not limited to doctors’ reports; nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s questionnaire; telephone messages; copy of all folder jackets; correspondence; entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan reports; test results; bills for services (paid or unpaid); and any other documentation; papers; and/or memorandum relating fo the care and treatment of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.: [E: from the inception of your records to the present. HIPAA Certificate- This certifies that this Subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPAA), Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this Subpoena has been issuedpursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending her attorney, a notice of the issuance of this Subpoena which included sufficient information about the litigation to permit the Plaintiff/Patient to raise an objection to the court or administrative tribunal. The time for the Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has expired and no objections were filed. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this Subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this Subpoena at any time before production by giving written notice to the attorney whose name appears on this Subpoena. This is not a deposition, No testimony will be taken. Please execute the attached Certificate of Authenticity and return with records. IF YOU FAIL TO: appear as specified; or XX_ furnish the records instead of appearing as provided above; or object to this subpoena; you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond tothis Subpoena as directed. DATED this Ww CAPAC-12470/23 day of f rpteneR 2012. POWERS MCNALIS TORRES TEEBAGY LUONGO Attorney for Defendant P.O. Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone (561) 588-3705 Facsimile RRY N. HEISLER, Il, ESQUIRE Florida Bar No.: 100498IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR, BROWARD COUNTY, FLORIDA MARY JOHNSTON, CASE NO. 062012CA019330AXXXE Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. / SUBPOENA DUCES TECUM (Mail In Records Only) THE STATE OF FLORIDA: TO: Billing Records Custodian of Broward Health Coral Springs — Billing Department 3000 Coral Hills Drive Coral Springs, FL 33065 YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within fifteen (15) days after service of process the following: Any and all bills for services (paid or unpaid) and a payment history report relating to the care and treatment of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.: =. HIPAA Certificate- This certifies that this Subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPAA), Public Law 104-901 and 45 CFR 164.512(e)(1)Gi) as this Subpoena has been issued pursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending her attorney, a notice of the issuance of this Subpoena which included sufficient information about the litigation to permit the Plaintiff/Patient to raise an objection to the court or administrative tribunal. The time for the Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla, R. Civ, P. has expired and no objections were filed. :These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this Subpoena by providing legible copies of the items to be produced to ihe attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this Subpoena at any time before production by giving written notice to the attorney whose name appears on this Subpoena. This is not a deposition. No testimony will be taken. Please execute the attached Certificate of Authenticity and return with records. IF YOU FAIL TO: appear as specified; or XX_ furnish the records instead of appearing as provided above; or object to this subpoena; you may be in contempt of Court, You are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond to this Subpoena as rs; DATED this 0 day of ppter nbee , 2012. POWERS MCNALIS TORRES TEEBAGY LUONGO Attorney for Defendant P.O, Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone BY¢ Bar No.: 074837 ARRY N. HEISLER, I, ESQUIRE Florida Bar No.: 100498 CAPAC-12470/22 .D alt IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 062012CA019330AXXXE MARY JOHNSTON, Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. t SUBPOENA DUCES TECUM (Mail In Records Only) THE STATE OF FLORIDA: TO: Records Custodian of Community Orthopedics & Center for Joint Replacement N. University Drive, Suite 201 Tamarac, FL 33321 YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within fifteen days after service of process the following: Any and all medical records, including, but not limited to doctors’ reports; nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s questionnaire; telephone messages; copy of all folder jackets; correspondence; entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan reports; test results; bills for services (paid or unpaid); and any other documentation; papers; and/or memorandum relating to the care and treatment of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.: NE; from the inception of your records to the present. HIPAA Certificate- This certifies that this Subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPAA), Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this Subpoena has been issuedpursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending her attorney, a notice of the issuance of this Subpoena which included sufficient information about the litigation to permit the Plaintiff/Patient to raise an objection to the court or administrative tribunal. The time for the Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has expired and no objections were filed. These items will be inspected and may be copied at that time, You will not be required to surrender the original items. You may comply with this Subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this Subpoena at any time before production by giving written notice to the attorney whose name appears on this Subpoena. This is not a deposition. No testimony will be taken. Please execute the attached Certificate of Authenticity and return with records, IF YOU FAIL TO: appear as specified; or XX_ furnish the records instead of appearing as provided above; or object to this subpoena; you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on thisSubpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond to this Subpoena as directed. DATED this (Stay of _. vetem| RR, 2012. POWERS MCNALIS TORRES TEEBAGY LUONGO Attomey for Defendant P.O. Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone far No.: 074837 Y N. HEISLER, II, ESQUIRE frida Bar No.: 100498 CAPAC-12470/27a\t IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO, 062012CA019330AXXXE MARY JOHNSTON, Plaintiff, VS. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. / SUBPOENA DUCES TECUM (Mail In Records Only) THE STATE OF FLORIDA: TO: Records Custodian of Dr. Shibu Varughese 4760 SW 66th Terrace Davie, FL 33314 YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within fifteen (15) days after service of process the following: Any and all medical records, including, but not limited to doctors’ reports; nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s questionnaire; telephone messages; copy of all folder jackets; correspondence; entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan reports; test results; bills for services (paid or unpaid); and any other documentation; papers; and/or memorandum relating to the care and treatment of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.: from the inception of your records to the present. HIPAA Certificate- This certifies that this Subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPAA), Public Law 104-901 and 45 CFR 164.512(e)(1)(i) as this Subpoena has been issued~ pursuant to Rules 1.410 and 1,351, Fla. R. Civ. P. The Party issuing this Subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending her attorney, a notice of the issuance of this Subpoena which included sufficient information about the litigation to permit the Plaintiff/Patient to raise an objection to the court or administrative tribunal. The time for the Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has expired and no objections were filed. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this Subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the timeand place specified above. You have the right to object to the production pursuant to this Subpoena at any time before production by giving written notice to the attorney whose name appears on this Subpoena. This is not a deposition. No testimony will be taken. Please execute the attached Certificate of Authenticity and return with records. IF YOU FAIL TO: appear as specified; or XX_ fumish the records instead of appearing as provided above; or object to this subpoena; you may be in contempt of Court, You are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond tothis Subpoena as directed. DATED this oh day of Y pler beR » 2012. POWERS MCNALIS TORRES TEEBAGY LUONGO Attorney for Defendant P.O, Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone (561) 588-3705 Facsimile BY: 'Y N. HEISLER, Il, ESQUIRE forida Bar No.: 100498 CAPAC-12470/287 aa RC al? IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO, 062012CA019330AXXXE MARY JOHNSTON Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. / SUBPOENA DUCES TECUM (Mail In Records Only) THE STATE OF FLORIDA: TO: Records Custodian of William J. Rand, MD Rand Eye Institute 5 West Sample Road Pompano Beach, FL 33064 YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within fifteen (15) days after service of process the following: Any and all medical records, including, but not limited to doctors’ reports; nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s questionnaire; telephone messages; copy of all folder jackets; correspondence; entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan reports; test results; bills for services (paid or unpaid); and any other documentation; papers; and/or memorandum relating to the care and treatment of MARY JOHNSTON, DOB: 11/2/1915; Social Security No.: NE; from the inception of your records to the present. HIPAA Certificate- This certifies that this Subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPAA), Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this Subpoena has been issuedpursuant to Rules 1.410 and 1.351, Fla. R. Civ. P. The Party issuing this Subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending her attorney, a notice of the issuance of this Subpoena which included sufficient information about the litigation to permit the Plaintiff/Patient to taise an objection to the court or administrative tribunal. The time for the Plaintiff/Patient to raise an objection pursuant to Rule 1.351, Fla. R. Civ. P. has expired and no objections were filed. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this Subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this Subpoena at any time before production by giving written notice to the attorney whose name appears on this Subpoena. This is not a deposition. No testimony will be taken. Please execute the attached Certificate of Authenticity and return with records. IF YOU FAIL TO: appear as specified; or XX_ furnish the records instead of appearing as provided above; or object to this subpoena; you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by the attorney or the Court, you shall respond tothis Subpoena as directed, DATED this Be day of September » 2012. POWERS MCNALIS TORRES TEEBAGY LUONGO Attorney for Defendant P.O. Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone (561) 58843705 Facsimile Y N. HEISLER, II, ESQUIRE Florida Bar No.: 100498 CAPAC~12470/29ah? IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR. BROWARD COUNTY, FLORIDA CASE NO. 062012CA019330AKXXE MARY JOHNSTON, Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. / SUBPOENA DUCES TECUM (Mail In Records Only) THE STATE OF FLORIDA: TO: Records Custodian of Broward Health Coral Springs 3000 Coral Hills Drive Coral Springs, FL 33065 YOU ARE COMMANDED TO PROVIDE to THE LAW FIRM OF POWERS MCNALIS TORRES TEEBAGY LUONGO, at P.O. Box 21289, West Palm Beach, FL 33416-1289, within fifteen (15) days after service of process the following: Any and ali medical records, including, but not limited to doctors’ reports; nurses’ notes; doctors, nurses or patient’s handwritten notes; patient’s questionnaire; telephone messages; copy of all folder jackets; correspondence; entire medical charts; x-rays; x-ray reports; MRI’s, MRI reports; scans; scan reports; test results; and any other documentation; papers; and/or memorandum relating to the care and treatment of MARY JOHNSTON, DOB: 11/2/1915, Social Security Nc: i. HIPAA Certificate- This certifies that this Subpoena has been issued in compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPA