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Filing # 113326925 E-Filed 09/14/2020 03:11:48 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2017-CA-004662-O
BELINDHA RUSSELL, as the Personal
Representative of the Estate of R.L.C deceased,
Plaintiff,
v.
ADVENTIST HEALTH SYSTEM/SUNBELT,
INC. d/b/a FLORIDA HOSPITAL EAST d/b/a
FLORIDA HOSPITAL ORLANDO; FLORIDA
HOSPITAL MEDICAL GROUP, INC. D/B/A
RADIOLOGY SPECIALISTS OF FLORIDA;
PEDIATRIC CARE GROUP, P.A., FLORIDA
EMERGENCY PHYSICIANS KANG &
ASSOCIATES, M.D., INC., ALFREDO TIRADO
GONZALEZ, M.D., MIGUEL A. ACEVEDO-SEGUI, M.D.,
KIMBERLY R. BUFFKIN, M.D., DENNIS A.
HERNANDEZ, M.D., DOUGLAS M. HAUS, M.D.,
LUIS R. CAMPIS VAZQUEZ, M.D., KATARINA M.
NAMMOUR, ARNP, AND MIGUEL ANGEL SILVA, MD
Defendants,
_______________________________________/
PLAINTIFF’S, BELINDHA RUSSELL, as the Personal Representative of the Estate
of R.L.C deceased, RESPONSE TO DEFENDANTS’, ALFREDO TIRADO, M.D.,
MIGUEL ACEVEDO-SEGUI, M.D., LUIS R. CAMPIS, M.D., AND DOUGLAS
HAUS, D.O. SUPPLEMENTAL REQUEST TO PRODUCE
COMES NOW Plaintiff BELINDHA RUSSELL, as the Personal Representative of the
Estate of R.L.C deceased, by and through the undersigned counsel, and hereby serves Responses
to DEFENDANTS’, ALFREDO TIRADO, M.D., MIGUEL ACEVEDO-SEGUI, M.D., LUIS R.
CAMPIS, M.D., AND DOUGLAS HAUS, D.O. Supplemental Request to Produce propounded
on August 13, 2020.
1. All medical bills, doctors' reports and hospital records that you have regarding care and
treatment rendered to you, as a result of the incident described in the Complaint filed
herein.
ANSWER: Attached hereto via ShareFile.
2. All medical bills, doctors' reports and hospital records that you have regarding the care
and treatment rendered to you for any other reason from the date of your responses to our
prior Requests to Produce, through the present date.
ANSWER: Objection. This request is overly broad, not reasonably limited in
time and scope, not reasonably calculated to lead to the discovery of admissible
evidence.
3. Your Federal Income Tax Returns since 2012.
ANSWER: Objection. Overly broad and infringes on Plaintiff’s right to
privacy. It is axiomatic that discovery in civil cases must be relevant to the subject
matter of the case. See Fla. R. Civ. P. 1.280(b)(1). Litigants are not entitled to
receive carte blanche discovery of irrelevant materials. This request seeks
information protected from disclosure by Florida Constitution. “Article I, section 23,
of the Florida Constitution protects the financial information of persons if there is no
relevant or compelling reason to compel disclosure.” Rowe v. Rodriguez-
Schmidt, 89 So.3d 1101, 1003 (Fla. Dist. Ct. App. 2012) (quoting Borck v. Borck,
906 So.2d). This is because ‘personal finances are among those private matters kept
secret by the people’”. Id. (quoting Woodward v. Berkery, 714 So.2d 1027, 1035 (Fla. 4th
DCA 1988)).
Further, the financial information in this request is not reasonably calculated to
lead to the discovery of admissible evidence. See Friedman v. Heart Inst. Of Port
St. Lucie, Inc., 863 So.2d 189, 194 (Fla.2003) (stating that the general rule in
Florida is that personal financial information is ordinarily discoverable only in
aid of execution after judgment; however, where materials sought by a party
appear relevant to subject matter of pending action, information is fully
discoverable); Cabanas v. Ford, Armenteros, Manucy, Inc., 727 So.2d 1100 (Fla.
3d DCA 1999)(explaining that income tax returns, although not privileged, may
be subject to production in discovery, but only if they are relevant). See also
Danieli Corp v. Russo, 329 So.2d 426 (Fla. 4th DCA 1976).
4. Your parents’ Federal Income Tax Returns since 2012.
ANSWER: Objection. Overly broad and infringes on Plaintiff’s right to
privacy. It is axiomatic that discovery in civil cases must be relevant to the subject
matter of the case. See Fla. R. Civ. P. 1.280(b)(1). Litigants are not entitled to
receive carte blanche discovery of irrelevant materials. This request seeks
information protected from disclosure by Florida Constitution. “Article I, section 23,
of the Florida Constitution protects the financial information of persons if there is no
relevant or compelling reason to compel disclosure.” Rowe v. Rodriguez-
Schmidt, 89 So.3d 1101, 1003 (Fla. Dist. Ct. App. 2012) (quoting Borck v. Borck,
906 So.2d). This is because ‘personal finances are among those private matters kept
secret by the people’”. Id. (quoting Woodward v. Berkery, 714 So.2d 1027, 1035 (Fla. 4th
DCA 1988)).
Further, the financial information in this request is not reasonably calculated to
lead to the discovery of admissible evidence. See Friedman v. Heart Inst. Of Port
St. Lucie, Inc., 863 So.2d 189, 194 (Fla.2003) (stating that the general rule in
Florida is that personal financial information is ordinarily discoverable only in
aid of execution after judgment; however, where materials sought by a party
appear relevant to subject matter of pending action, information is fully
discoverable); Cabanas v. Ford, Armenteros, Manucy, Inc., 727 So.2d 1100 (Fla.
3d DCA 1999)(explaining that income tax returns, although not privileged, may
be subject to production in discovery, but only if they are relevant). See also
Danieli Corp v. Russo, 329 So.2d 426 (Fla. 4th DCA 1976).
5. Any and all photographs depicting Roland Cajuste.
ANSWER: Attached hereto via ShareFile.
6. Copies of any and all records indicating, tending to indicate, or upon which you intend to
rely to indicate, the nature and extent of any payments, charges or debts incurred, which
constitute special damages sought as a result of the incident described in the Complaint.
ANSWER: Attached hereto via ShareFile.
7. Copies of any and all documents reflecting any collateral source payments made, which
you attribute to the Defendants' conduct as described in the Complaint.
ANSWER: Attached hereto via ShareFile.
8. Copies of any and all records constituting reports prepared by experts, medical or
otherwise, who have been retained on your behalf and are expected to testify at the trial
of this cause, which have not been previously produced.
ANSWER: Plaintiff has not finalized expert witness list at this time and will produce
pursuant to trial order.
9. Any journal, diary or notes maintained by the decedent, by you, or by your parents, about
the decedent’s medical care in December 2015.
ANSWER: None at this time. Plaintiff reserves the right to amend at a later time.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via service through the e-filing portal to all counsel on the attached counsel list this _14th__ day
of September, 2020.
_/s/ Carlos R Diez-Arguelles_
Carlos R. Diez-Arguelles, Esq.
FBN: 0500569
Diez-Arguelles & Tejedor, P.A.
505 N. Mills Avenue
Orlando, FL 32803
407-705-2880
mail@theorlandolawyers.com
Attorneys for Plaintiffs
SERVICE LIST
J. Charles Ingram, Esquire
Estes, Ingram, Foels, & Gibbs, P.A.
2600 Lake Lucien Drive, Suite 330,
Maitland, FL 32751
Email: jci@eifg-law.com; pbp@eifg-law.com
Attorneys for Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital d/b/a Florida
Hospital East Orlando; Florida Hospital Medical Group, Inc. d/b/a Radiology Specialists of
Florida
Patrick H. Telan, Esquire
Grower, Ketcham, Eide, Telan & Meltz, P.A.
Post Office Box 538065
Orlando, Florida 32853-8065
phtelan@growerketcham.com, enotice@growerketcham.com, cboals@growerketcham.com
Attorneys for Florida Emergency Physicians Kang & Associates MD, Inc.; and Kimberly R.
Buffkin, MD
Thomas E. Dukes, III, Esquire
McEwan, Martinez & Dukes, and Hall, P.A.
P.O. Box 753,
Orlando, FL 32802,
NOS@mmdorl.com; tdukes@mmdorl.com
Attorney for Pediatric Care Group, PA and Miguel Angel Silva, MD
Robert D. Henry, Esquire
Ringer, Henry, Buckley, & Seacord, P.A.
200 South Orange Ave, Suite 2850
Orlando, FL 32801
service-henry@ringerhenry.com
Attorneys for Dennis A. Hernandez, MD and Katarina M. Nammour, ARNP
Barbara A. Flanagan, Esq.
Wicker, Smith, O’Hara, McCoy, & Ford, P.A.
390 N. Orange Ave., Suite 1000
Orlando, FL 32801
ORLcrtpleadings@wickersmith.com; cdownes@wickersmith.com
Attorneys for Alfredo Tirado Gonzalez, MD; Miguel A. Acevedo-Segui, MD; Douglas M. Haus,
MD; and Luis R. Campis Vazquez, MD
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Filing # 113326925 E-Filed 09/14/2020 03:11:48 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: 2017-CA-004662-O BELINDHA RUSSELL, as the Personal Representative of the Estate of R.L.C deceased, Plaintiff, v. ADVENTIST HEALTH SYSTEM/SUNBELT, INC. d/b/a FLORIDA HOSPITAL EAST d/b/a FLORIDA HOSPITAL ORLANDO; FLORIDA HOSPITAL MEDICAL GROUP, INC. D/B/A RADIOLOGY SPECIALISTS OF FLORIDA; PEDIATRIC CARE GROUP, P.A., FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., INC., ALFREDO TIRADO GONZALEZ, M.D., MIGUEL A. ACEVEDO-SEGUI, M.D., KIMBERLY R. BUFFKIN, M.D., DENNIS A. HERNANDEZ, M.D., DOUGLAS M. HAUS, M.D., LUIS R. CAMPIS VAZQUEZ, M.D., KATARINA M. NAMMOUR, ARNP, AND MIGUEL ANGEL SILVA, MD Defendants, _______________________________________/ PLAINTIFF’S, BELINDHA RUSSELL, as the Personal Representative of the Estate of R.L.C deceased, RESPONSE TO DEFENDANTS’, ALFREDO TIRADO, M.D., MIGUEL ACEVEDO-SEGUI, M.D., LUIS R. CAMPIS, M.D., AND DOUGLAS HAUS, D.O. SUPPLEMENTAL REQUEST TO PRODUCE COMES NOW Plaintiff BELINDHA RUSSELL, as the Personal Representative of the Estate of R.L.C deceased, by and through the undersigned counsel, and hereby serves Responses to DEFENDANTS’, ALFREDO TIRADO, M.D., MIGUEL ACEVEDO-SEGUI, M.D., LUIS R. CAMPIS, M.D., AND DOUGLAS HAUS, D.O. Supplemental Request to Produce propounded on August 13, 2020. 1. All medical bills, doctors' reports and hospital records that you have regarding care and treatment rendered to you, as a result of the incident described in the Complaint filed herein. ANSWER: Attached hereto via ShareFile. 2. All medical bills, doctors' reports and hospital records that you have regarding the care and treatment rendered to you for any other reason from the date of your responses to our prior Requests to Produce, through the present date. ANSWER: Objection. This request is overly broad, not reasonably limited in time and scope, not reasonably calculated to lead to the discovery of admissible evidence. 3. Your Federal Income Tax Returns since 2012. ANSWER: Objection. Overly broad and infringes on Plaintiff’s right to privacy. It is axiomatic that discovery in civil cases must be relevant to the subject matter of the case. See Fla. R. Civ. P. 1.280(b)(1). Litigants are not entitled to receive carte blanche discovery of irrelevant materials. This request seeks information protected from disclosure by Florida Constitution. “Article I, section 23, of the Florida Constitution protects the financial information of persons if there is no relevant or compelling reason to compel disclosure.” Rowe v. Rodriguez- Schmidt, 89 So.3d 1101, 1003 (Fla. Dist. Ct. App. 2012) (quoting Borck v. Borck, 906 So.2d). This is because ‘personal finances are among those private matters kept secret by the people’”. Id. (quoting Woodward v. Berkery, 714 So.2d 1027, 1035 (Fla. 4th DCA 1988)). Further, the financial information in this request is not reasonably calculated to lead to the discovery of admissible evidence. See Friedman v. Heart Inst. Of Port St. Lucie, Inc., 863 So.2d 189, 194 (Fla.2003) (stating that the general rule in Florida is that personal financial information is ordinarily discoverable only in aid of execution after judgment; however, where materials sought by a party appear relevant to subject matter of pending action, information is fully discoverable); Cabanas v. Ford, Armenteros, Manucy, Inc., 727 So.2d 1100 (Fla. 3d DCA 1999)(explaining that income tax returns, although not privileged, may be subject to production in discovery, but only if they are relevant). See also Danieli Corp v. Russo, 329 So.2d 426 (Fla. 4th DCA 1976). 4. Your parents’ Federal Income Tax Returns since 2012. ANSWER: Objection. Overly broad and infringes on Plaintiff’s right to privacy. It is axiomatic that discovery in civil cases must be relevant to the subject matter of the case. See Fla. R. Civ. P. 1.280(b)(1). Litigants are not entitled to receive carte blanche discovery of irrelevant materials. This request seeks information protected from disclosure by Florida Constitution. “Article I, section 23, of the Florida Constitution protects the financial information of persons if there is no relevant or compelling reason to compel disclosure.” Rowe v. Rodriguez- Schmidt, 89 So.3d 1101, 1003 (Fla. Dist. Ct. App. 2012) (quoting Borck v. Borck, 906 So.2d). This is because ‘personal finances are among those private matters kept secret by the people’”. Id. (quoting Woodward v. Berkery, 714 So.2d 1027, 1035 (Fla. 4th DCA 1988)). Further, the financial information in this request is not reasonably calculated to lead to the discovery of admissible evidence. See Friedman v. Heart Inst. Of Port St. Lucie, Inc., 863 So.2d 189, 194 (Fla.2003) (stating that the general rule in Florida is that personal financial information is ordinarily discoverable only in aid of execution after judgment; however, where materials sought by a party appear relevant to subject matter of pending action, information is fully discoverable); Cabanas v. Ford, Armenteros, Manucy, Inc., 727 So.2d 1100 (Fla. 3d DCA 1999)(explaining that income tax returns, although not privileged, may be subject to production in discovery, but only if they are relevant). See also Danieli Corp v. Russo, 329 So.2d 426 (Fla. 4th DCA 1976). 5. Any and all photographs depicting Roland Cajuste. ANSWER: Attached hereto via ShareFile. 6. Copies of any and all records indicating, tending to indicate, or upon which you intend to rely to indicate, the nature and extent of any payments, charges or debts incurred, which constitute special damages sought as a result of the incident described in the Complaint. ANSWER: Attached hereto via ShareFile. 7. Copies of any and all documents reflecting any collateral source payments made, which you attribute to the Defendants' conduct as described in the Complaint. ANSWER: Attached hereto via ShareFile. 8. Copies of any and all records constituting reports prepared by experts, medical or otherwise, who have been retained on your behalf and are expected to testify at the trial of this cause, which have not been previously produced. ANSWER: Plaintiff has not finalized expert witness list at this time and will produce pursuant to trial order. 9. Any journal, diary or notes maintained by the decedent, by you, or by your parents, about the decedent’s medical care in December 2015. ANSWER: None at this time. Plaintiff reserves the right to amend at a later time. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via service through the e-filing portal to all counsel on the attached counsel list this _14th__ day of September, 2020. _/s/ Carlos R Diez-Arguelles_ Carlos R. Diez-Arguelles, Esq. FBN: 0500569 Diez-Arguelles & Tejedor, P.A. 505 N. Mills Avenue Orlando, FL 32803 407-705-2880 mail@theorlandolawyers.com Attorneys for Plaintiffs SERVICE LIST J. Charles Ingram, Esquire Estes, Ingram, Foels, & Gibbs, P.A. 2600 Lake Lucien Drive, Suite 330, Maitland, FL 32751 Email: jci@eifg-law.com; pbp@eifg-law.com Attorneys for Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital d/b/a Florida Hospital East Orlando; Florida Hospital Medical Group, Inc. d/b/a Radiology Specialists of Florida Patrick H. Telan, Esquire Grower, Ketcham, Eide, Telan & Meltz, P.A. Post Office Box 538065 Orlando, Florida 32853-8065 phtelan@growerketcham.com, enotice@growerketcham.com, cboals@growerketcham.com Attorneys for Florida Emergency Physicians Kang & Associates MD, Inc.; and Kimberly R. Buffkin, MD Thomas E. Dukes, III, Esquire McEwan, Martinez & Dukes, and Hall, P.A. P.O. Box 753, Orlando, FL 32802, NOS@mmdorl.com; tdukes@mmdorl.com Attorney for Pediatric Care Group, PA and Miguel Angel Silva, MD Robert D. Henry, Esquire Ringer, Henry, Buckley, & Seacord, P.A. 200 South Orange Ave, Suite 2850 Orlando, FL 32801 service-henry@ringerhenry.com Attorneys for Dennis A. Hernandez, MD and Katarina M. Nammour, ARNP Barbara A. Flanagan, Esq. Wicker, Smith, O’Hara, McCoy, & Ford, P.A. 390 N. Orange Ave., Suite 1000 Orlando, FL 32801 ORLcrtpleadings@wickersmith.com; cdownes@wickersmith.com Attorneys for Alfredo Tirado Gonzalez, MD; Miguel A. Acevedo-Segui, MD; Douglas M. Haus, MD; and Luis R. Campis Vazquez, MD