Preview
Filing # 105383081 E-Filed 03/24/2020 07:21:14 PM
fi: 8713.064
RETURN OF SERVICE
IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA
PLAINTIFF LAMAR MITCHELL; et seq.
vs.
DEFENDANT MIAMI-DADE COUNTY AND GINLEY LAWN SERVICE & LANDSCAPING, INC., A
FLORIDA FOR PROFIT CORPORATION; et al.
DEFENDANT CATALINA GRANADA SOLIS, MD
TO BE SERVED
CASE NO 13-2019-CA-008931 TYPE OF PROCESS SUBPOENA
DIVISION
Treceived this process on the 3/20/2020 at 10:31 AM AT ADDRESS CiO ATTN: RECORDS CUSTODIAN
I (x)served ( )not served the within named defendant. WHERE SERVED — 1801 N HIGHLAND PROFESSIONAL BUILDING,
ON DATE/TIME: 3/23/2020 10:50 AM. (OR ATTEMPTED) SUITE 201
MIAMI, FL 33136
(x) CORPORATE. LLC, PARTNERSHIP, ASSOCIATION OR GOVERNMENT SERVICE: By delivering a true copy of the process with the date and hour of
service endorsed by me and a copy of the complaint to: Susan Peyton as Administrative Assistant to Registered Agent of said entity.
(_) In absence of the president, vice-president, other head of the corporation, cashier, treasurer, secretary, general manager, director, officer or business agent
residing in the state as defined by F.S. 48.081.
(_) For failure of the Registered Agent to be his/her designated place for service pursuant to 48.091 and by serving the above named person as employee of
said corporation at the corporation's place of business.
Description of Person Accepting Service:
Sex: ‘Age: Race: Height: Weight: Hair:
Female 31-35 White Sift 4in - 5ft Tin 111 Ibs - 130 Ibs Brown
COMMENTS:
03/23/2020 10:59:00 AM - Personally served administrative person Susan Peyton who says authorized to accept process
Thereby certify that Tam over the age of 18, am not a party to this action and have no interest in the process being served, and Lam a Certified Process Server or
Special Process Server in good standing in the judicial circui/eounty in which the process was served, and/or am otherwise duly authorized to have served process in
the jurisdiction where process was served.
“Under penalties of perjury, I declare that I have read the feregoing document and that the facts stated in it are true.” F.S. 92.525
x KG AL (rn Notary Not Required Pursuant to ES 92.525
Server Signature / ProVest Case id # 5819607
kenneth chin - Process Server ID: 10004
Tite (if applicable): CERTIFIED PROCESS SERVERMAGNA®
LEGAL SERVICES
SUBPOENA ORDER: 8713.064
March 9, 2020 URGENT LEGAL REQUEST
REQUEST DUE: 04/09/2020
RECORD TYPE: Radiology Films
CUSTODIAN OF RECORDS FOR:
Catalina Granada Solis, MD
Attn: Records Custodian
1801 N Highland Professional Building, Suite 201
Miami, FL 33136
RE: Lamar Mitchell
LAMAR MITCHELL vs. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE &
LANDSCAPING, INC.,
Dear Custodian,
The attached subpoena was issued at the request of the law firm of Hamilton, Miller & Birthisel LLP with respect to
the above referenced legal matter. Therefore, you are ordered by the court to produce the documents or things requested on
the subpoena pursuant to the applicable state rules of civil procedure.
In lieu of your personal appearance you may fax, e-mail or mail legible copies of the documents or other things
requested, together with the certification of custodian, to our office on or before the above referenced due date. You must
notify us immediately if you are unable to complete this request by the deadline. You have the right to seek, in advance, the
reasonable cost of preparing the copies or producing the things sought, according to state medical fee laws. However, prior
approval is required for any fees over $150.00.
If you are not in possession of the records requested by this subpoena, you are required to complete the attached certification
of no records and fax it to 1-215-207-2325.
Fax records to: 1-215-207-9463
E-mail Records to: RecordsProduction@Magnals.com
E-mail Pre-Payment Invoices to: RecordsAP@Magnals.com
Mail Records to: Magna Legal Services
Attn: Records Department
1635 Market Street, 9th Floor
Philadelphia, PA 19103
P: 215-207-9460
Thank you in advance for your immediate cooperation.
Contact: Leah ColaianniIN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2019-008931-CA-01 (02)
LAMAR MITCHELL,
Plaintiff,
vs.
MIAMI-DADE COUNTY and
GINLEY LAWN SERVICE &
LANDSCAPING, INC., a Florida
For Profit Corporation,
Defendants.
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
RECORDS ONLY. NO ORAL TESTIMONY WILL BE TAKEN.
To: Catalina Granada Solis, M.D.
1801 N Highland
Professional Building
Miami, FL 33136
PLEASE TAKE NOTICE that, pursuant to Florida Rules of Civil Procedure
1.351, you are hereby commanded, that all business and excuses being laid aside,
that you and each of you on the 31st day of March, 2020 produce to Hamilton, Miller
& Birthisel, LLP, 150 Southeast Second Avenue, Suite 1200, Miami, FL 33131 c/o
Magna Legal Services the following:
TRUE, COMPLETE, AND CERTIFIED COPIES of your entire file with
respect to claimant Lamar Mitchell (Date of Birth: March 1, 1953, and Social
Security Number: HM) including but not limited to, all notes relating to
care, treatment, diagnosis and prognosis of conditions for which the claimant was
treated by your office; any and all medical and/or hospital records and/or excerpts
-1-CASE NO.: 2019-008931-CA-01 (02)
thereof maintained as part of your file; emergency room records, reports, charts,
notes patient questionnaire forms, progress notes, doctor’s orders, operative
report/notes, nurses notes, admission records, discharge records, consultations,
evaluations, psychological and psychiatric records or reports, including but not
limited to raw data, mental health notes, reports and records, all records showing
dates of hospital confinement, if any, during the time you treated the claimant; any
and all laboratory tests and results, physiotherapy, charts, medication
administration records, physical therapy records, pathology, any and all diagnostic
studies, including but not limited to X-Ray films/studies and reports, EKG
films/studies and reports; CT scans films/studies and reports, MRI films/studies and
reports, ultrasound films/studies & reports, sonogram films/studies and reports,
diagnosis, prognosis, and treatment photographs; any and all prescription records
(PPR) reflecting prescription history and other pharmacy services, medical expense
summary (list of all prescriptions with expense information), designated record set
(entire medical record maintained by the pharmacy or care clinic), dispensing
records (entire record maintained by the vision center or optical), prescription
profile; any and all bills for services rendered, proof of payment records, showing
the dates of treatment and cost, and proof of payment; any correspondence and/or
records from other consulting physicians; and/or correspondence with the claimant
or the claimant’s family or representatives, correspondence with all third party
payers, insurance companies, workers’ compensation or state agencies, and records;
any and all billing records, including fully itemized billing statements, insurance
claim forms, evidence of payment received, etc.CASE NO.: 2019-008931-CA-01 (02)
FURTHERMORE PLEASE TAKE NOTICE that you will not be required to
surrender the original items. You may comply with this subpoena by giving 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 up to $250. You may mail or deliver the copies to the attorney whose
name appears on this. 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.
Florida Rules of Civil Procedure 1.351(c) — Protection of Persons Subject to
Subpoenas
@
(2)
A party or an attorney responsible for the issuance and service
of a subpoena shall take reasonable steps to avoid imposing
undue burden or expense on a person subject to that subpoena.
The Court on behalf of which the subpoena was issued shall
enforce this duty and impose upon the party or attorney in
breach of this duty an appropriate sanction, which may include,
but is not limited, to lost earnings and a reasonable attorney’s
fee.
(A) A person commanded to produce and permit inspection and
copying of designated books, papers, documents or tangible
things, or inspection of premises need not appear in person at
the place of production or inspection unless commanded to
appear for deposition, hearing or trial.
(B) Subject to paragraph (d)(2) of this rule, a person commanded
to produce and permit inspection and copying may, within 14
days after service of the subpoena or before the time specified for
compliance if such time is less than 14 days after service, serve
upon the party or attorney designated in the subpoena written
objection to inspection or copying of any or all of the designated
materials or of the premises. If objection is made, the party
-3-@)
CASE NO.: 2019-008931-CA-01 (02)
serving the subpoena shall not be entitled to inspect and copy
the materials or inspect the premises except pursuant to an
order of the Court by which the subpoena was issued. If
objection has been made, the party serving the subpoena may,
upon notice to the person commanded to produce, move at any
time for an order to compel the production. Such an order to
compel production shall protect any person who is not a party or
an officer of a party from significant expense resulting from the
inspection and copying commanded.
(A) On timely motion, the Court by which a subpoena was issued
shall quash or modify the subpoena if it
@ fails to allow reasonable time for
compliance;
Gi) requires a person who is not a party or an
officer of party to travel to a place more
than 100 miles from the place where that
person resides, is employed or regularly
transacts business in person, except that,
subject to the provisions of clause
(c)(8)(B)Gii) of this rule, such a person may
in order to attend trial be commanded to
travel from any such place within the state
in which the trials held, or
Gii) requires disclosures of privileged or other
protected matter and no exception or waiver
applies, or
(iv) subjects a person to undue burden.
(B) If a subpoena
G) requires disclosure of a trade secret or other
confidential research, development, or
commercial information, or
Gi) requires disclosures of an unretained
expert's opinion or information not
describing specific events or occurrences in
-4-CASE NO.: 2019-008931-CA-01 (02)
dispute and resulting from the expert’s study
made not at the request of any party, or
Gii) requires a person who is not a party or an
officer of a party to incur substantial
expenses to travel more than 100 miles to
attend trial, the Court may, to protect a
person subject to or affected by the subpoena,
quash or modify the subpoena or, if the party
in whose behalf the subpoena is issued shows
a substantial need for the testimony or
material that cannot be otherwise met
without undue hardship and assure that the
person to whom the subpoena is addressed
will be reasonably compensated, the Court
may order appearance or production only
upon specified conditions.
Florida Rules of Civil Procedure 1.351(d) — Duties in Responding to
Subpoenas
() A person responding to a subpoena to produce
documents shall produce them as they are kept in
the usual course of business or shall organize and
label them to correspond with the categories in the
demand.
(2) When the information subject to a subpoena is
withheld on a claim that it privileged or subject to
protection as trial preparation materials, the claim
shall be made expressly and shall be supported by
a description of the nature of the documents,
communications, or things not produced that is
sufficient to enable the demanding party to contest
the claim.
Tf you fail to:
(a) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoenaCASE NO.: 2019-008931-CA-01 (02)
you may be in contempt of Court. You are subpoenaed by the attorney whose name
appears on the subpoena, and unless excused from the subpoena by the attorney or
the Court, you shall respond to the subpoena as directed.
Date: February 27, 2020
BY: NwaM. -Hiler
NIVA M. HARNEY-HILLER, ESQ.
Florida Bar No. 31058
FOR THE COURT
NIVA M. HARNEY-HILLER, ESQ.
Florida Bar No. 31058
HAMILTON, MILLER & BIRTHISEL, LLP
Counsel for Defendant Ginley Lawn Service
& Landscaping, Inc.
150 SE 24 Avenue, Suite 1200
Miami, Florida 33131
Tel.: (805) 879-3686
Fax: (805) 879-3690Filing # 104435902 E-Filed 03/05/2020 05:49:12 PM
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2019-008931-CA-01 (02)
LAMAR MITCHELL,
Plaintiff,
vs.
MIAMI-DADE COUNTY and
GINLEY LAWN SERVICE &
LANDSCAPING, INC., a Florida
For Profit Corporation,
Defendants.
/
DEFENDANT, GINLEY LAWN SERVICE & LANDSCAPING, INC’S NOTICE
OF NON-OBJECTION TO THEIR NOTICE OF INTENTION TO SERVE
SUBPOENAS UNDER RULE 1.351 FOR PRODUCTION OF DOCUMENTS
AND THINGS WITHOUT DEPOSITION FROM NON-PARTY
TO ALL COUNSEL OF RECORD:
YOU ARE HEREBY NOTIFIED that counsel for Plaintiff Lamar Mitchell
has confirmed that there are no objections to Defendant Ginley Lawn Service &
Landscaping, Inc.’s Notice of Intention to Serve Subpoenas Under Rule 1.351 for
Production of Documents and Things Without Deposition from Non-Party, dated
February 27, 2020 and, therefore, the undersigned will issue and serve a subpoena
duces tecum without deposition upon the following:
1. MIAMI-DADE FIRE RESCUE, 9300 NW 41st Street, Doral, Florida
33178CASE NO.: 2019-008931-CA-01 (02)
. MIAMI-DADE COUNTY FIRE RESCUE, P.O. Box 863330, Orlando, FL
32886
. HOMESTEAD HOSPITAL, ATTN.: MEDICAL RECORDS
DEPARTMENT, 975 Baptist Way, Homestead, FL 33033
. HOMESTEAD HOSPITAL, ATTN.: PHARMACY DEPARTMENT, 975
Baptist Way, Homestead, FL 33033
. HOMESTEAD HOSPITAL, ATTN.: RADIOLOGY DEPARTMENT, 975
Baptist Way, Homestead, FL 33033
. HOMESTEAD HOSPITAL, ATTN.: BILLING DEPARTMENT, 975
Baptist Way, Homestead, FL 33033
. THOMAS C. WOLTANSKI, D.O., Homestead Hospital, 975 Baptist Way,
Homestead, FL 33033
. FLORIDA WELLNESS & REHAB CENTER OF HOMESTEAD, 207 N.
Krome Avenue, Homestead, FL 33030
. AMARO M. EXPOSITO, DC, Florida Wellness & Rehab Center Of
Homestead, 207 N. Krome Avenue, Homestead, FL 33030
10. MURUGESAN MANOHARAN, MD, 8900 N Kendall Dr, Miami, FL 33176
11.AMARO M. EXPOSITO, DC, Florida Pain Treatment Center Inc., 11780
SW 89th St Ste. 300, Miami, FL, 33186
12, FLORIDA PAIN TREATMENT CENTER INC., 11780 SW 89th St Ste.
300, Miami, FL, 33186CASE NO.: 2019-008931-CA-01 (02)
13.MOUNT SINAI MEDICAL CENTER UROLOGY, 4302 Alton Road, Suite
540, Miami Beach, FL 33140
14, UPRIGHT OPEN MRI LLC, 18922 24 S. Dixie Hwy, Cutler Bay, FL 33157
15.CEDA ORTHOPEDIC GROUP, 815 NW 57th Avenue, Suite 202, Miami,
FL 33126
16. LAWRENCE ALEXANDER, MD, 2482 SW Secoffee Terrace, Miami, FL
33133
17.CEDA ORTHO & INT MEDICINE OF HIALEAH, 755 E 49t Street,
Hialeah, FL 33013
18.ANESTHESIA PROFESSIONAL SERVICES, INC., 4919 Memorial Hwy,
Suite 200, Tampa, FL 33634
19.ASSOCIATES MD, 4801 S. University Drive, #2300, Ft. Lauderdale, FL
33328
20.MIAMI SURGICAL CENTER, P.O. Box 636633, Cincinnati, OH 45263-
6633
21.MIAMI SURGICAL CENTER, 7600 SW 87th Ave, Suite 200, Miami, FL
33173
22.MD TRANSPORT, 4780 SW 64th Avenue, Suite 104, Davie, FL 33314
23. JULIAN NARANJO, MD, 925 NE 30th Terrace, Suite 206, Homestead,
FL
24.MOUNT SINAI MEDICAL CENTER, ATTN.: MEDICAL RECORDS
DEPARTMENT, 43800 Alton Road, Miami Beach, FL 33140CASE NO.: 2019-008931-CA-01 (02)
25.MOUNT SINAI MEDICAL CENTER, ATTN.: RADIOLOGY
DEPARTMENT, 4300 Alton Road, Miami Beach, FL 33140
26.MOUNT SINAI MEDICAL CENTER, ATTN.: PHARMACY
DEPARTMENT, 4300 Alton Road, Miami Beach, FL 33140
27.MOUNT SINAI MEDICAL CENTER, ATTN.: BILLING DEPARTMENT,
4300 Alton Road, Miami Beach, FL 33140
28.SOUTH MIAMI HOSPITAL, ATTN.: BILLING DEPARTMENT, 6200 SW
78rd Street, Miami, FL 33143
29.SOUTH MIAMI HOSPITAL, ATTN.: RADIOLOGY DEPARTMENT, 6200
SW 78rd Street, Miami, FL 33143
30.SOUTH MIAMI HOSPITAL, ATTN.: PHARMACY DEPARTMENT, 6200
SW 73rd Street, Miami, FL 33143
31.SOUTH MIAMI HOSPITAL, ATTN.: MEDICAL RECORDS
DEPARTMENT, 6200 SW 78rd Street, Miami, FL 33143
32. AVELINO PINON, MD, 941 N. Krome Avenue, Homestead, FL 33030
33. UNIVERSITY OF MIAMI HOSPITAL, ATTN.: MEDICAL RECORDS
DEPARTMENT, 1400 NW 12th Ave, Miami, FL 33136
34.UNIVERSITY OF MIAMI HOSPITAL, ATTN.: PHARMACY
DEPARTMENT, 1400 NW 12th Ave, Miami, FL 33136
35.UNIVERSITY OF MIAMI HOSPITAL, ATTN.: RADIOLOGY
DEPARTMENT, 1400 NW 12th Ave, Miami, FL 33136CASE NO.: 2019-008931-CA-01 (02)
36. UNIVERSITY OF MIAMI HOSPITAL, ATTN.: BILLING DEPARTMENT,
1400 NW 12th Ave, Miami, FL 33136
37.CARLOS A. CONRADO, MD, 151 NW 11th Street, Homestead, FL 33030
38.DR. AVELINO PINON, MD, 7400 SW 87th Ave #240, Miami, FL 33173
39.CATALINA GRANADA SOLIS, M.D., 1801 N Highland Professional
Building, Miami, FL 33136
40.GUSTAVO ADOLFO GRANADA, M.D., 200 SE Hospital Avenue, Stuart,
FL 34994
41. COVENTRY SUMMIT, MC, P.O. Box 7808, London, LY 40742
42.DR. LAWRENCE M. ALEXANDER, MD, 777 E 25th St, Hialeah, FL
33013
43. ALEXANDER BONE & SPINE INSTITUTE, 2482 SW 27th Terrace,
Miami, FL 33133
44, LAWRENCE ALEXANDER, MD, Miami Surgical Center, 7600 SW 87th
Ave, Suite 200, Miami, FL 33173
45. ASSOCIATES MD MEDICAL GROUP, 4780 Davie Rd, Davie, FL 33314
46.DR. STEVEN CIMERBERG, DO, Associates MD Medical Group, 4780
Davie Rd, Davie, FL 33314
47.DR. ALAN M. NIEDER, MD, 4302 Alton Rd, MSOP Suite 540, Miami
Beach, FL 33140
Respectfully submitted,
NwaM. Wer
Niva Harney-Hiller, Esq.
Florida Bar Number: 31058
nharney@hamiltonmillerlaw.com
Reeba Hartley-Belle, Esq.CASE NO.: 2019-008931-CA-01 (02)
Florida Bar Number: 117036
rhartleybelle@hamiltonmillerlaw.com
HAMILTON, MILLER & BIRTHISEL,
LLP
Counsel for Defendant Ginley Lawn
Service & Landscaping, Inc.
150 SE 224 Street, Suite 1200
Miami, Florida 33131
Telephone: (305) 379-3686
Facsimile: (305) 379-3690
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 5, 2020, the foregoing document is
being filed with the Clerk of Court using the E-filing Portal and served on all
counsel of record or pro se parties identified on the below Service List either via
transmission of Notices of Electronic Filing generated by the E-filing Portal
or in some other authorized manner for those counsel or parties who are not
authorized to receive electronically via the E-filing Portal.
WwoaM,
Niva Harney-Hiller, Esq.
SERVICE LIST
Andres Hermida, Esq.
Florida Bar Number: 1010725
MORGAN & MORGAN, P.A.
703 Waterford Way, Suite 1050
Miami, Florida 33126
Telephone: (305) 929-1912
Facsimile: (305) 929-1930
AHermida@forthepeople.com
JJaime@forthepeople.com
Counsel for Plaintiff Lamar Mitchell
Daniel Frastai, Esq.
Florida Bar Number: 0666041
ABIGAIL PRICE-WILLIAMS
Stephen P. Clark Center
111 Northwest First Street, Suite 2810
Miami, Florida 33128-1993
Telephone: (305) 375-5480
Facsimile: (305) 375-5634
Frastai@miamidade.gov
jeane.neal@miamidade.gov
Counsel for Defendant Miami-Dade
CountyMAGNA®
LEGAL SERVICES
PROVIDER: Catalina Granada Solis, MD
RECORDS PERTAINING TO: Lamar Mitchell DOB: 03/01/1953 SSN: =!
ORDER NO:8713.064
RECORD TYPE: Radiology Films
SCOPE: All X-Ray's, MRI's and CT Scan's Films & Corresponding Reports on a CD
* Please provide an inventory with the cost of the available radiology studies *
SECTION I CERTIFICATION OF CUSTODIAN OF RECORDS
I, the undersigned, being the duly authorized custodian of records or qualify witness, and having the authority to certify the attached
records declare the following: the attached records (1) were made at or near the time of the act, event, condition, opinion, or diagnosis by a
person with knowledge of the matters reflected in the record; (2) or kept in the course of regularity conducted activity; and (3) were created
as part of the regular practice of the provider, and that:
A.___ page (s) of the original records described was made available to the attorney representative for copying at our place of business.
B. A true, legible and durable copy of page(s) of the describe pages was delivered to the attorney representative.
All documents required to produced pursuant to the subpoena or authorization have been produced.
I DECLARE UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT.
Executed on (date) at (city,state)
Signature. Print Name.
Phone Number. Department
SECTION IL CERTIFICATION OF NO RECORDS
A through search of records of our files, carried out under my direction revealed no documents, records or other materials called for in the
subpoena or authorization for the following reasons
_All records for the time period in question have been destroyed in accordance with our document retention policy which is years.
___ Our records are the same as
__ Other
I DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT:
Executed on (date) at (city,state)
Signature Print Name.
Phone Number, Department
THIS PAGE MUST BE COMPLETED, SIGNED AND RETURNED.
Preview
Filing # 105383081 E-Filed 03/24/2020 07:21:14 PM fi: 8713.064 RETURN OF SERVICE IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA PLAINTIFF LAMAR MITCHELL; et seq. vs. DEFENDANT MIAMI-DADE COUNTY AND GINLEY LAWN SERVICE & LANDSCAPING, INC., A FLORIDA FOR PROFIT CORPORATION; et al. DEFENDANT CATALINA GRANADA SOLIS, MD TO BE SERVED CASE NO 13-2019-CA-008931 TYPE OF PROCESS SUBPOENA DIVISION Treceived this process on the 3/20/2020 at 10:31 AM AT ADDRESS CiO ATTN: RECORDS CUSTODIAN I (x)served ( )not served the within named defendant. WHERE SERVED — 1801 N HIGHLAND PROFESSIONAL BUILDING, ON DATE/TIME: 3/23/2020 10:50 AM. (OR ATTEMPTED) SUITE 201 MIAMI, FL 33136 (x) CORPORATE. LLC, PARTNERSHIP, ASSOCIATION OR GOVERNMENT SERVICE: By delivering a true copy of the process with the date and hour of service endorsed by me and a copy of the complaint to: Susan Peyton as Administrative Assistant to Registered Agent of said entity. (_) In absence of the president, vice-president, other head of the corporation, cashier, treasurer, secretary, general manager, director, officer or business agent residing in the state as defined by F.S. 48.081. (_) For failure of the Registered Agent to be his/her designated place for service pursuant to 48.091 and by serving the above named person as employee of said corporation at the corporation's place of business. Description of Person Accepting Service: Sex: ‘Age: Race: Height: Weight: Hair: Female 31-35 White Sift 4in - 5ft Tin 111 Ibs - 130 Ibs Brown COMMENTS: 03/23/2020 10:59:00 AM - Personally served administrative person Susan Peyton who says authorized to accept process Thereby certify that Tam over the age of 18, am not a party to this action and have no interest in the process being served, and Lam a Certified Process Server or Special Process Server in good standing in the judicial circui/eounty in which the process was served, and/or am otherwise duly authorized to have served process in the jurisdiction where process was served. “Under penalties of perjury, I declare that I have read the feregoing document and that the facts stated in it are true.” F.S. 92.525 x KG AL (rn Notary Not Required Pursuant to ES 92.525 Server Signature / ProVest Case id # 5819607 kenneth chin - Process Server ID: 10004 Tite (if applicable): CERTIFIED PROCESS SERVERMAGNA® LEGAL SERVICES SUBPOENA ORDER: 8713.064 March 9, 2020 URGENT LEGAL REQUEST REQUEST DUE: 04/09/2020 RECORD TYPE: Radiology Films CUSTODIAN OF RECORDS FOR: Catalina Granada Solis, MD Attn: Records Custodian 1801 N Highland Professional Building, Suite 201 Miami, FL 33136 RE: Lamar Mitchell LAMAR MITCHELL vs. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., Dear Custodian, The attached subpoena was issued at the request of the law firm of Hamilton, Miller & Birthisel LLP with respect to the above referenced legal matter. Therefore, you are ordered by the court to produce the documents or things requested on the subpoena pursuant to the applicable state rules of civil procedure. In lieu of your personal appearance you may fax, e-mail or mail legible copies of the documents or other things requested, together with the certification of custodian, to our office on or before the above referenced due date. You must notify us immediately if you are unable to complete this request by the deadline. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought, according to state medical fee laws. However, prior approval is required for any fees over $150.00. If you are not in possession of the records requested by this subpoena, you are required to complete the attached certification of no records and fax it to 1-215-207-2325. Fax records to: 1-215-207-9463 E-mail Records to: RecordsProduction@Magnals.com E-mail Pre-Payment Invoices to: RecordsAP@Magnals.com Mail Records to: Magna Legal Services Attn: Records Department 1635 Market Street, 9th Floor Philadelphia, PA 19103 P: 215-207-9460 Thank you in advance for your immediate cooperation. Contact: Leah ColaianniIN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2019-008931-CA-01 (02) LAMAR MITCHELL, Plaintiff, vs. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., a Florida For Profit Corporation, Defendants. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION RECORDS ONLY. NO ORAL TESTIMONY WILL BE TAKEN. To: Catalina Granada Solis, M.D. 1801 N Highland Professional Building Miami, FL 33136 PLEASE TAKE NOTICE that, pursuant to Florida Rules of Civil Procedure 1.351, you are hereby commanded, that all business and excuses being laid aside, that you and each of you on the 31st day of March, 2020 produce to Hamilton, Miller & Birthisel, LLP, 150 Southeast Second Avenue, Suite 1200, Miami, FL 33131 c/o Magna Legal Services the following: TRUE, COMPLETE, AND CERTIFIED COPIES of your entire file with respect to claimant Lamar Mitchell (Date of Birth: March 1, 1953, and Social Security Number: HM) including but not limited to, all notes relating to care, treatment, diagnosis and prognosis of conditions for which the claimant was treated by your office; any and all medical and/or hospital records and/or excerpts -1-CASE NO.: 2019-008931-CA-01 (02) thereof maintained as part of your file; emergency room records, reports, charts, notes patient questionnaire forms, progress notes, doctor’s orders, operative report/notes, nurses notes, admission records, discharge records, consultations, evaluations, psychological and psychiatric records or reports, including but not limited to raw data, mental health notes, reports and records, all records showing dates of hospital confinement, if any, during the time you treated the claimant; any and all laboratory tests and results, physiotherapy, charts, medication administration records, physical therapy records, pathology, any and all diagnostic studies, including but not limited to X-Ray films/studies and reports, EKG films/studies and reports; CT scans films/studies and reports, MRI films/studies and reports, ultrasound films/studies & reports, sonogram films/studies and reports, diagnosis, prognosis, and treatment photographs; any and all prescription records (PPR) reflecting prescription history and other pharmacy services, medical expense summary (list of all prescriptions with expense information), designated record set (entire medical record maintained by the pharmacy or care clinic), dispensing records (entire record maintained by the vision center or optical), prescription profile; any and all bills for services rendered, proof of payment records, showing the dates of treatment and cost, and proof of payment; any correspondence and/or records from other consulting physicians; and/or correspondence with the claimant or the claimant’s family or representatives, correspondence with all third party payers, insurance companies, workers’ compensation or state agencies, and records; any and all billing records, including fully itemized billing statements, insurance claim forms, evidence of payment received, etc.CASE NO.: 2019-008931-CA-01 (02) FURTHERMORE PLEASE TAKE NOTICE that you will not be required to surrender the original items. You may comply with this subpoena by giving 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 up to $250. You may mail or deliver the copies to the attorney whose name appears on this. 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. Florida Rules of Civil Procedure 1.351(c) — Protection of Persons Subject to Subpoenas @ (2) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The Court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited, to lost earnings and a reasonable attorney’s fee. (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party -3-@) CASE NO.: 2019-008931-CA-01 (02) serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the Court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (A) On timely motion, the Court by which a subpoena was issued shall quash or modify the subpoena if it @ fails to allow reasonable time for compliance; Gi) requires a person who is not a party or an officer of party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(8)(B)Gii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trials held, or Gii) requires disclosures of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena G) requires disclosure of a trade secret or other confidential research, development, or commercial information, or Gi) requires disclosures of an unretained expert's opinion or information not describing specific events or occurrences in -4-CASE NO.: 2019-008931-CA-01 (02) dispute and resulting from the expert’s study made not at the request of any party, or Gii) requires a person who is not a party or an officer of a party to incur substantial expenses to travel more than 100 miles to attend trial, the Court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assure that the person to whom the subpoena is addressed will be reasonably compensated, the Court may order appearance or production only upon specified conditions. Florida Rules of Civil Procedure 1.351(d) — Duties in Responding to Subpoenas () A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When the information subject to a subpoena is withheld on a claim that it privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. Tf you fail to: (a) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoenaCASE NO.: 2019-008931-CA-01 (02) you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on the subpoena, and unless excused from the subpoena by the attorney or the Court, you shall respond to the subpoena as directed. Date: February 27, 2020 BY: NwaM. -Hiler NIVA M. HARNEY-HILLER, ESQ. Florida Bar No. 31058 FOR THE COURT NIVA M. HARNEY-HILLER, ESQ. Florida Bar No. 31058 HAMILTON, MILLER & BIRTHISEL, LLP Counsel for Defendant Ginley Lawn Service & Landscaping, Inc. 150 SE 24 Avenue, Suite 1200 Miami, Florida 33131 Tel.: (805) 879-3686 Fax: (805) 879-3690Filing # 104435902 E-Filed 03/05/2020 05:49:12 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 2019-008931-CA-01 (02) LAMAR MITCHELL, Plaintiff, vs. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., a Florida For Profit Corporation, Defendants. / DEFENDANT, GINLEY LAWN SERVICE & LANDSCAPING, INC’S NOTICE OF NON-OBJECTION TO THEIR NOTICE OF INTENTION TO SERVE SUBPOENAS UNDER RULE 1.351 FOR PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION FROM NON-PARTY TO ALL COUNSEL OF RECORD: YOU ARE HEREBY NOTIFIED that counsel for Plaintiff Lamar Mitchell has confirmed that there are no objections to Defendant Ginley Lawn Service & Landscaping, Inc.’s Notice of Intention to Serve Subpoenas Under Rule 1.351 for Production of Documents and Things Without Deposition from Non-Party, dated February 27, 2020 and, therefore, the undersigned will issue and serve a subpoena duces tecum without deposition upon the following: 1. MIAMI-DADE FIRE RESCUE, 9300 NW 41st Street, Doral, Florida 33178CASE NO.: 2019-008931-CA-01 (02) . MIAMI-DADE COUNTY FIRE RESCUE, P.O. Box 863330, Orlando, FL 32886 . HOMESTEAD HOSPITAL, ATTN.: MEDICAL RECORDS DEPARTMENT, 975 Baptist Way, Homestead, FL 33033 . HOMESTEAD HOSPITAL, ATTN.: PHARMACY DEPARTMENT, 975 Baptist Way, Homestead, FL 33033 . HOMESTEAD HOSPITAL, ATTN.: RADIOLOGY DEPARTMENT, 975 Baptist Way, Homestead, FL 33033 . HOMESTEAD HOSPITAL, ATTN.: BILLING DEPARTMENT, 975 Baptist Way, Homestead, FL 33033 . THOMAS C. WOLTANSKI, D.O., Homestead Hospital, 975 Baptist Way, Homestead, FL 33033 . FLORIDA WELLNESS & REHAB CENTER OF HOMESTEAD, 207 N. Krome Avenue, Homestead, FL 33030 . AMARO M. EXPOSITO, DC, Florida Wellness & Rehab Center Of Homestead, 207 N. Krome Avenue, Homestead, FL 33030 10. MURUGESAN MANOHARAN, MD, 8900 N Kendall Dr, Miami, FL 33176 11.AMARO M. EXPOSITO, DC, Florida Pain Treatment Center Inc., 11780 SW 89th St Ste. 300, Miami, FL, 33186 12, FLORIDA PAIN TREATMENT CENTER INC., 11780 SW 89th St Ste. 300, Miami, FL, 33186CASE NO.: 2019-008931-CA-01 (02) 13.MOUNT SINAI MEDICAL CENTER UROLOGY, 4302 Alton Road, Suite 540, Miami Beach, FL 33140 14, UPRIGHT OPEN MRI LLC, 18922 24 S. Dixie Hwy, Cutler Bay, FL 33157 15.CEDA ORTHOPEDIC GROUP, 815 NW 57th Avenue, Suite 202, Miami, FL 33126 16. LAWRENCE ALEXANDER, MD, 2482 SW Secoffee Terrace, Miami, FL 33133 17.CEDA ORTHO & INT MEDICINE OF HIALEAH, 755 E 49t Street, Hialeah, FL 33013 18.ANESTHESIA PROFESSIONAL SERVICES, INC., 4919 Memorial Hwy, Suite 200, Tampa, FL 33634 19.ASSOCIATES MD, 4801 S. University Drive, #2300, Ft. Lauderdale, FL 33328 20.MIAMI SURGICAL CENTER, P.O. Box 636633, Cincinnati, OH 45263- 6633 21.MIAMI SURGICAL CENTER, 7600 SW 87th Ave, Suite 200, Miami, FL 33173 22.MD TRANSPORT, 4780 SW 64th Avenue, Suite 104, Davie, FL 33314 23. JULIAN NARANJO, MD, 925 NE 30th Terrace, Suite 206, Homestead, FL 24.MOUNT SINAI MEDICAL CENTER, ATTN.: MEDICAL RECORDS DEPARTMENT, 43800 Alton Road, Miami Beach, FL 33140CASE NO.: 2019-008931-CA-01 (02) 25.MOUNT SINAI MEDICAL CENTER, ATTN.: RADIOLOGY DEPARTMENT, 4300 Alton Road, Miami Beach, FL 33140 26.MOUNT SINAI MEDICAL CENTER, ATTN.: PHARMACY DEPARTMENT, 4300 Alton Road, Miami Beach, FL 33140 27.MOUNT SINAI MEDICAL CENTER, ATTN.: BILLING DEPARTMENT, 4300 Alton Road, Miami Beach, FL 33140 28.SOUTH MIAMI HOSPITAL, ATTN.: BILLING DEPARTMENT, 6200 SW 78rd Street, Miami, FL 33143 29.SOUTH MIAMI HOSPITAL, ATTN.: RADIOLOGY DEPARTMENT, 6200 SW 78rd Street, Miami, FL 33143 30.SOUTH MIAMI HOSPITAL, ATTN.: PHARMACY DEPARTMENT, 6200 SW 73rd Street, Miami, FL 33143 31.SOUTH MIAMI HOSPITAL, ATTN.: MEDICAL RECORDS DEPARTMENT, 6200 SW 78rd Street, Miami, FL 33143 32. AVELINO PINON, MD, 941 N. Krome Avenue, Homestead, FL 33030 33. UNIVERSITY OF MIAMI HOSPITAL, ATTN.: MEDICAL RECORDS DEPARTMENT, 1400 NW 12th Ave, Miami, FL 33136 34.UNIVERSITY OF MIAMI HOSPITAL, ATTN.: PHARMACY DEPARTMENT, 1400 NW 12th Ave, Miami, FL 33136 35.UNIVERSITY OF MIAMI HOSPITAL, ATTN.: RADIOLOGY DEPARTMENT, 1400 NW 12th Ave, Miami, FL 33136CASE NO.: 2019-008931-CA-01 (02) 36. UNIVERSITY OF MIAMI HOSPITAL, ATTN.: BILLING DEPARTMENT, 1400 NW 12th Ave, Miami, FL 33136 37.CARLOS A. CONRADO, MD, 151 NW 11th Street, Homestead, FL 33030 38.DR. AVELINO PINON, MD, 7400 SW 87th Ave #240, Miami, FL 33173 39.CATALINA GRANADA SOLIS, M.D., 1801 N Highland Professional Building, Miami, FL 33136 40.GUSTAVO ADOLFO GRANADA, M.D., 200 SE Hospital Avenue, Stuart, FL 34994 41. COVENTRY SUMMIT, MC, P.O. Box 7808, London, LY 40742 42.DR. LAWRENCE M. ALEXANDER, MD, 777 E 25th St, Hialeah, FL 33013 43. ALEXANDER BONE & SPINE INSTITUTE, 2482 SW 27th Terrace, Miami, FL 33133 44, LAWRENCE ALEXANDER, MD, Miami Surgical Center, 7600 SW 87th Ave, Suite 200, Miami, FL 33173 45. ASSOCIATES MD MEDICAL GROUP, 4780 Davie Rd, Davie, FL 33314 46.DR. STEVEN CIMERBERG, DO, Associates MD Medical Group, 4780 Davie Rd, Davie, FL 33314 47.DR. ALAN M. NIEDER, MD, 4302 Alton Rd, MSOP Suite 540, Miami Beach, FL 33140 Respectfully submitted, NwaM. Wer Niva Harney-Hiller, Esq. Florida Bar Number: 31058 nharney@hamiltonmillerlaw.com Reeba Hartley-Belle, Esq.CASE NO.: 2019-008931-CA-01 (02) Florida Bar Number: 117036 rhartleybelle@hamiltonmillerlaw.com HAMILTON, MILLER & BIRTHISEL, LLP Counsel for Defendant Ginley Lawn Service & Landscaping, Inc. 150 SE 224 Street, Suite 1200 Miami, Florida 33131 Telephone: (305) 379-3686 Facsimile: (305) 379-3690 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 5, 2020, the foregoing document is being filed with the Clerk of Court using the E-filing Portal and served on all counsel of record or pro se parties identified on the below Service List either via transmission of Notices of Electronic Filing generated by the E-filing Portal or in some other authorized manner for those counsel or parties who are not authorized to receive electronically via the E-filing Portal. WwoaM, Niva Harney-Hiller, Esq. SERVICE LIST Andres Hermida, Esq. Florida Bar Number: 1010725 MORGAN & MORGAN, P.A. 703 Waterford Way, Suite 1050 Miami, Florida 33126 Telephone: (305) 929-1912 Facsimile: (305) 929-1930 AHermida@forthepeople.com JJaime@forthepeople.com Counsel for Plaintiff Lamar Mitchell Daniel Frastai, Esq. Florida Bar Number: 0666041 ABIGAIL PRICE-WILLIAMS Stephen P. Clark Center 111 Northwest First Street, Suite 2810 Miami, Florida 33128-1993 Telephone: (305) 375-5480 Facsimile: (305) 375-5634 Frastai@miamidade.gov jeane.neal@miamidade.gov Counsel for Defendant Miami-Dade CountyMAGNA® LEGAL SERVICES PROVIDER: Catalina Granada Solis, MD RECORDS PERTAINING TO: Lamar Mitchell DOB: 03/01/1953 SSN: =! ORDER NO:8713.064 RECORD TYPE: Radiology Films SCOPE: All X-Ray's, MRI's and CT Scan's Films & Corresponding Reports on a CD * Please provide an inventory with the cost of the available radiology studies * SECTION I CERTIFICATION OF CUSTODIAN OF RECORDS I, the undersigned, being the duly authorized custodian of records or qualify witness, and having the authority to certify the attached records declare the following: the attached records (1) were made at or near the time of the act, event, condition, opinion, or diagnosis by a person with knowledge of the matters reflected in the record; (2) or kept in the course of regularity conducted activity; and (3) were created as part of the regular practice of the provider, and that: A.___ page (s) of the original records described was made available to the attorney representative for copying at our place of business. B. A true, legible and durable copy of page(s) of the describe pages was delivered to the attorney representative. All documents required to produced pursuant to the subpoena or authorization have been produced. I DECLARE UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT. Executed on (date) at (city,state) Signature. Print Name. Phone Number. Department SECTION IL CERTIFICATION OF NO RECORDS A through search of records of our files, carried out under my direction revealed no documents, records or other materials called for in the subpoena or authorization for the following reasons _All records for the time period in question have been destroyed in accordance with our document retention policy which is years. ___ Our records are the same as __ Other I DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT: Executed on (date) at (city,state) Signature Print Name. Phone Number, Department THIS PAGE MUST BE COMPLETED, SIGNED AND RETURNED.