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Filing # 79030853 E-Filed 10/08/2018 04:27:13 PM
IN THE CIRCUIT COURT OF THE
TITH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 17-014926 CA 01 G1)
XIOMARA LLERENA AND
ROBERTO LLERENA ,
Plaintiffs,
vs.
QUINTANA FAMILY DAY CARE HOME
D/B/A LEARNING AND GROWING FAMILY
CHILD CARE,
Defendant.
~ BD.
Defendant, QUINTANA FAMILY DAY CARE HOME D/B/A LEARNING AND
GROWING FAMILY CHILD CARE, by and through the undersigned counsel, and pursuant
te 1.410 of the Florida Rules of Civil Procedure hereby files this Motion to Show Cause
directed to David Font-Rodriguez, M.D, and in support states as follows:
1. Plaintiffs XIOMARA LLERENA and ROBERTO LLERENA, filed a lawsuit from an
incident that occurred on February 23, 2017, and is alleging that she has sustained
injuries and as a result, suffered damages.2. Accordingly, the Defendant attempted to obtain Plaintiff's medical and billing
records related to her treatment.
3. On March 9, 2018, a subpoena pursuant to Florida Rule of Civil Procedure 1.410
was served on David Font-Rodriguez, M.D. for any and all medical and billing
records pertaining to Plaintiff. See Subpoena Duces Tecum for Deposition and
Verified Return of Service attached hereto as Composite Exhibit “A”. David Font-
Rodriguez, M.D. failed to provide records in response to subpoena.
4, On April 23, 2018, a follow up letter was faxed to David Font-Rodriguez, M.D,
attached hereto as Exhibit “B". To date, the medical records and billing records
from David Font-Rodriguez, M.D. remain outstanding.
5. On October 4, 2018 a second letter was faxed in to David Font-Rodriguez, M.D.
confirming a telephone corwversation with Michelle from the records department,
attached hereto as Exhibit "C". To date, the medical records and billing records
from David Font-Rodriguez, M.D. remain outstanding.
6 The Defendant is in need of the medical and billing records in order to adequately
prepare for trial,
WHEREFORE, Defendant respectfully requests that this Honorable Court enter an
Order compelling David Font-Redriguez, M.D. to show cause as to why no medical or
billing records requested for Plaintiff have been produced to the Defendant, inaccordance and compliance with the aforementioned subpoena, to provide the
requested medical and billing records within 5 days, and grant any such further relief
as this Court deems fair and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via Electronic Mail, to all counsel of record on the attached Service List, this
Sth. day of October, 2018.
LUKS, SANTANIELLO, PETRILLO & JONES
Attorneys for Defendant
150 W. Flagler Street
Suite 2600
Miami, FL 33130
Telephone: (305) 377-8900
Facsimile; (305) 377-8901
‘a
DANIEL J. SANTANIELLO
Florida Bar No.: 860948
HEATHER M,. CALHOON
Florida Bar No.: 495573
LUKSMIA-Pleadings@LS-Law.comSERVICE LIST
Michael J. Carmona, Esq.
Friedland Law Group
1430 South Dixie Highway
Suite 305
Coral Gables, FL 33146
email@friediandlawgroup.com
David Font-Rodriguez, M.D.
747 Ponce De Leon Boulevard
Coral Gables, Florida 33134EXHIBIT “A”VERIFIED RETURN OF SERVICE
‘State of Feride County of Bade Glreutt Court
Scenes "NN
e.
Batendent: -
QUINTANA FAMILY GAY CARE HOME DIVA LEARING AND GROWING FAMILY
CHILD GARE
For:
Heather M. Calhonn
LUKS, SANTANIELLO, PETRILLG & JONES
160 W. Plagier Strat
Sale 2760
SMlarn!, FL 33480
RODRIOUEE, GaN har Can Nec an i au any of March 2018 at 148 pm to be served on HYG DAVID FONT -
RODRIGUEZ, MG, 747 PONCE OB LEON BLVD... CORAL GABLES, FL,
i, deoqueling Valum, do hereby affiem test on the 8th day of Maron, 2018 at 2:18 pm, fr
SUBUTITUTE - BUSINEBS OFFICE: served by delivering a tue copy ef the SUBPOENA DUGES TECUM WITHOUT
DEPOSITION, SECTION $0.002(14) CERTENCATION/DECLARATION OF RECORDS CUSTODIAN with the date and
hour of service endorsed thareon by ree, to: ALEM Ml as AUTHORIZED AGENT, jb Berean eraployed therein an and
authorized to ancept service forfG DAVID FONT « RODRIQUEZ, MD et the address of 747 GE DE LEON BLVD...
STE, 508, CORAL GABLE, Fl. 23134, the within named person's usual place of buelness, In compliance with State
Bouaription of Person Servet: Age: 80+, Sex: F, ReoaBkin Color: WHITE, Height: BS, Weight 140, Hair: DARK BROWN,
{ oartity that {am ower the age of 18, have no interset in the above eetion, and | am a Certified Prooses Server, in
mtanding, in the judicial clrault in whtah the process wae served. Under penelty of pedury, | declare that | have read the
foregoing Verifind Ratum of Service and? that the facts etated in k are true,
TONY TAMAYO & ABBOCIATES
‘7600 Wi. £0 Avenue
Suite 317
Histeah, FL 23648
(908) 821 -Ga08
Our Job Serial Number: TTT-2018008080
Refi USL-241484
‘agate TRAN Redon Berane, bs. Process Memes Tatas YF. AEIN THE CIRCUIT COURT OF THE
TITH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 17-014926 CA 01 (31)
XIOMARA LLERENA AND
ROBERTO LLERENA ,
Plaintififa),
ws.
QUINTANA FAMILY DAY CARE HOME
D/B/A LEARNING AND GROWING FAMILY
CHILD CARE,
Defendant(s).
SUBPOENA DUCES TECLIM WITHOUT DEPOSITION
(@ECORDS MAY BE MAILED IN LIEU OF APPEARANCE)
THE STATE OF FLORIDA:
TO: Records Custodian, David Font-Rodriguez, MD
747 Ponce de Leon Bivd.
Coral Gables, FL 33134
YOU ARE HEREBY COMMANDED to appear at the law offices of LUKS,
SANTANIELLO, PETRILL© & JONES, 150 W, Flagler Street, Suite 2750, Miami, FL 33130
on or before April 11, 2018, at 10:00 A.M., and to have with you at that time and place the
following:
YOUR ENTIRE MEDICAL AND BILLING FILE FROM INITIAL VISIT TO PRESENT
(LEAVING NOTHING OUT), TO INCLUGE ANY AND ALL RECORDS, COMPLETED PATIENT INTAKE
FORMS AND MECICAL CIJESTIONNAIRES, COMPLETED INSURANCE FORMS, HANDWRITTEN AND
TRANSCRIBED REPORTS, X-RAYS OR GIAGNOSTIC SCANS REPORTS AND FILMS, INTER-OPERATIVE
FHOTOGRAFH(S) OR ViNEO(9), TEST RESULTS, LABORATORY STUDIES, CHART NOTATIONS,
PRESCRIPTIONS, DISABILITY CERTIFICATES AND/OR EXCUSED FROM WORK/SCHOOL NOTICES,
REFERRALS, RECORDS OF OFFICE VISITS, RECOMMENDATIONS, DIAGNOSTIC TEST RESULTS,
CORRESPONDENCE, MEMORANDA, NOTES, ALL BILLING RECORDS, INCLUDING DATE(S) OF TREATMENT,
SERVICES RENDERED AMD AMOUNT OF BILL POR SERVICE, STATEMENT OF ACCOUNT SHOWING ALL
PAYMENTS RECEIVER AND BALANCES, IF ANY, HCFA/CMS-1500 Foams AND/OR UB-92/UB-04
FORMS, EXECUTED LETTERS OF PROTECTION, NOTICES OF LIEN, FINANCIAL POLICY AGREEMENT, OR
OTHER MEDICAL RECORDS CONCERNING THE CARE, DIAGNOSIS, OR TREATMENT OF: XIOMARACasa No. 17-014926 CA OT (91)
Page 2
** Please call and advise on estimated costs for the preparation of sald copies prior to
presentation of same, **
‘These Items will be inapacted and may be copied at that time. You will not be
required to surrender the original lterns, You with this Sul
preparation of the coples upon the payment In advance of the reasonable cost of
preperation. Included herein Is a Certification for Records Custodian for your signature.
You may sign the enclosed Certification in lieu of a personal appearance for deposition
testimony. You may mail or deliver the copies to the attorney whose name appears on this
Subpoena and thereby ailminate 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 noties to the attomey whose name appears on this
Subpoena, THIS WILL NOT BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN,
if you fall te:
(1) appear as specified; or
(2) furnish the records Instead of appearing as provided above; or
@) ~~ object to this Subpoena, you may be in contempt of Court. You are subpoenaed to
appear by the following attorney, and unless excused from this Subpoena by this attorney
or the court, you shall respond to this Subpoena as directed,
NOTICE OF HIPAA REGULATION COMPLIANCE
‘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
CBR. §164.512(e( 100, as this Subpoena has been issued pursuant to Rules 1.410 and
1.310 Fla. RB. Civ. P. The Party issuing this Subpoena has provided written notice t the
Patient listed above by sending his/her attorney a Notice of Production from Non-Partyties)
for which this Subpoena has been Issued and Included sufficient information about the
documents sought to permit the Plaintiff to raise an objection to the Court or Administrative
Tribunal. The Plaintiff may raise an objection pursuant to Rule 1.280(c), Fla. R. Civ. P.,
and no testimony will be taken nor will documents be produced until said objections, if
any, have been resolved. Ne objections were fled by Plaintiff.Case Now: 17-014926 CA 01 31}
Page 3
ee 3
DATED this day of March, 2018.
HEATHER M. CALHOON
Florida Bar: 495573
LUKS, SANTANIELLO,
PETRILLO & JONES
150 W. Flagler Street, Suite 2750
Miami, FL 33130
(305) 377-8900
(305) 377-8901USLRATASMACP 180 AEs
IN THE CIRCUIT COURT OF THE
TITH JUDICIAL CIRCUIT IN AND FOR
MIAMELDADE COUNTY, FLORIDA,
CASE NO.: 17-014926 CA 01 (1)
XIOMARA LLERENA AND
ROBERTO LLERENA ,
Plaintifta),
WE.
QUINTANA FAMILY DAY CARE HOME
D/B/A LEARNING AND GROWING FAMILY
CHILD CARE,
SECTION 90.902¢11) CERTIFICATION/DECLARATION
OF RECORDS CUSTODIAN OF DAVID FONT-RODRIGUE, M.D.
in accordance with Florida Statute Section 90.902(11), Self-Authentication, |,
RODRIGUEZ, M.D... do
hereby produce the attached records of XIOMARA LLERENA, and do hereby certify that
such records:
() Were made at or near the time of the occurrence of the matters set forth by,
er frorn Information tarsmitted by a person or penons with knowledge of
the matters, acting within the course of the regularly conducted business
activity of DAVID FONT-RODRIGUEZ, M.D.
tb) «= Were kept In the course of the. regularly conducted business activity of
DAVID FONT- RODRIGUEZ, M.D.
(c) Were made as a regular practice in the course of the regularly conducted
activity of DAVID FONT-RODRIGUEZ, M.Di
(2) And are true and accurate copies of the original records.| have read every staternent macla in this certification, and each statement In true
and correct. | understand that falsely making such a certification or declaration would
subject ma to criminal penalty uncer the laws of the foreign or domestic location in which
the certification or declaration was signed.
Dated:
Records Custodian for
STATE OF
COUNTY OF
Sworn to or affirmed and signed before me on this dayofo , 2018
wae
Personally known
Produced identification
Type of identification producedEXHIBIT “B”TRANEMIOSION VERIFICATION REPORT
B4/29/2018 16:88
Fax i
Go | meete7riee
‘IKE 04/28 14:59
Pain: JADE 3682735519
Bune Ba: 81:85
Ree... a
BIDE STANDARD
GM
oes Sawranmo j fe eee
Peranio & Jonns co
Sette ERR
April 23, 2018
Vie les 70-6015 - 7 pages «
Dawid Font-Redriguax, M40
Atention: Medical Records Cusndian
747 Ponce de Leon Boulevard
Coral Gables, FL 33134
RE: Xdomara Lierana & Roberto Llerena vs. Andres Quintana d/o/e/ Quintana
Our Fila No: USL-24148M
Date of Bich: =
Social Security No.; sdilmmmminame:
Dear Records Custodian:
Aa you may recall, wa previously served a subpoena for records to you on the
above-referenced case, For your conventence, please find attached a copy of the Subpoena
aed Verified Retum of Servica, Plame vend the requested Information within five (5) days
aa to avold the need for ¢ records custodian deposition and/or Motion for Order to Show
Cause and Order for Contempt of Court, dv edition, please note that your response mut
be macie in writing,
if you have any questions, please do not hesitate to contact me. { lock forward to
hearin firmer versie180 W. Plagier Sirast, Gnite 2600
Kedteral, BE S280
Peran.o & Jonss —
Wests: 1S-lew.ers
April 23, 2018
Via facalmile: (903) 279-6813 ~ 7 paces «
David Font-Rodriguez, M.D
Attention: Medical Records Custodian
747 Ponce de Leon Boulevard
Coral Gables, FL 33134
RE: Xlomara Llerena & Roberto Llerena ve. Andres Quintana d/b/a/ Quintana
Our File No: USL-24148M
Date of Binh:
Social Security No.: seeps
Dear Records Custodian:
Ags you may recall, we previously served a subpoena for records to you on the
above-referenced case. For your convenience, please find attached a copy of the Subpoena
and Verified Return of Service, Please send the requested information within five (5) days
as to avoid the need for a records custodian deposition and/or Matlon for Order to Show
Cause and Order for Conternpt of Court. dn adelition, please note that your response must
Se made in writing.
ff you have any questions, please do not hesitate fo contact me. | look forward to
hearing from you.
Very truly yours,
[of Heather M. Cathasn
HEATHER M. CALHOOM
HMCieme
Enclosures
USUAL 4BRACP 286
PORT LATRAPALH 5
BG SL IS
PARARES RA Sie Bees SHAR TAMA, ARBOR YR TAEARAROS
merrie = ° semes 8° amemem «=* mszoceim ° “Sgemiein ° “masesaeVERIIED RETURN OF SERVICE
Giete of Plerida County of Bade Gireult Court
Srevornoverrey semen mm HT UH
MIOMARA LLERENA AND ROBEATO LLERENA
Ye
Dehendant: .
GMINTANA FAMILY DAY CARE HOME DIMA LIEARING AND GROWING FAMILY
CHILD CARE
For:
Heather M. Calhoon
LJKS, BANTANIELLO, PETRELLG & JONGB
180 W, Plagier Strast
Suite 2786
Marni, PL 39130
Racalved by TONY TAMAYO & ABBOGIATER on dhe Tih day of March, 2018 et 1:48 pm to be served on RIG DAVID FONT -
RODRIGUEZ, MB, 747 PONCE D2 LEON BLVD., CORAL GABLES, FL 32424,
4, Jacqueline Valew, de hereby affirm thet on the Oth dey of Mareh, 2018 at 2:10 pm,
SUBSTITUTE « HUGINESS OFFICE: served by delivering a tus copy of the SUBPOENA DUCES TECUM WITHOUT
DEPOSITION, BECTION 60.802(11} CERTIMCATIONDECLARATION OF RECORDS CUSTODIAN with the dete and
hour of service endoread tharson by me, to: ALEX Mi as AUTHORIZED AGENT, a person employed therein and
authorized to acoept service forlG DAVID FONT » RODRNIUEZ, MD at the addrewe of: 747 PONCE DE LEON BLVD.
‘OTE, 808, CORAL GABLIG, Fi. 23134, the within named person's usual plece of business, in compliance with State
pucristion ot Person Served: Age: 30, Sax: F, Reow kin Color: WHITE, Height 8, Waight 146, Hele DARK BROWN,
F oertty that fam over the ag of 18, hve no intareat in the above action, and | am a Corlifed Process Sarvar, Server, in good
standing, is {he hudisil cial in which the procuse wee served. Under penalty of pariuy, { declare thet | have mad the
foregoing Verified Return of Service and that the facia stated In K are frus,
TONY TAMAYG & ARMOCIATES
O00 W. 20 Avenue
Sulte 297
Hialeah, PL s30t8
(008) g21-uese
Our Jot Serial Number: TTT-2018008080
Ref USL24148M
‘Sungei TORAH Rates Cervten, doy, ~ Beaman Sens Toles VFAIN THE CIRCUIT COURT OF THE
TITH JUDICIAL CIRCUIT IN AND FOR
MIAMP-DADE COUNTY, FLORIDA
CASE NO.: 17-01-4926 CA 01 (31)
XIOMARA LLERENA AND
ROBERTO LLERENA ,
Plaintiffs),
va.
QUINTANA FAMILY DAY CARE HOME
D/B/A LEARNING AND GROWING FAMILY
CHILO CARE,
Defenclant(s),
é
(RECORDS MAY BE MAILED IN LIEU OF APPEARANCE)
THE STATE OF FLORIDA:
TO: Records Custodian, David Font-Redriguez, MD
74? Ponce de Leon Blvd,
Coral Gables, FL 33194
YOU ARE HEREBY COMMANDED to appear at the law offices of LUKS,
SANTANIELLO, PETRILLO & JONES, 150 W. Flagler Street, Suite 2750, Miami, FL 33130
on or before April 11, 2018, at 10:00 A.M., and to have with you at that time and place the
following:
YOUR ENTIRE MEDICAL AND BILUNG FILE FROM INITIAL VISIT TO PRESENT
(LEAVING NOTHING OU), TO INCLUDE ANY AND ALL RECORDS, COMPLETED PATIENT INTAKE
FORMS AND) MEDICAL QUESTIONNAIRES, COMPLETED INSURANCE FORMS, HANDWRITTEN AND
TRANSCRIBED REPORTS, X-RAYS OR DIAGNOSTIC SCANS REPORTS AND FILMS, INTER-OPERATIVE
PHOTOGRAPH(S) OR VIDECMS), TEST RESULTS, LABORATORY STUDIES, CHART NOTATIONS,
PRESCRIPTIONS, DISABILITY CERTIFICATES ANOVOR EXCUSED FROM WORN/SCHOOL NOTICES,
REFERRALS, RECORDS OF OFFICE VISITS, RECOMMENDATIONS, CHAGNOSTIC TEST RESULTS,
CORRESPONDENCE, MEMORANDA, NOTES, ALL BILLING RECORDS, INCLUDING DATE(S) OF TREATMENT,
SERVICES RENDERED AND AMOUNT OF BILL FOR SERVICE, STATEMENT OF ACCOUNT SHOWING ALL
PAYMENTS RECEIVED AND BALANCES, IF ANY, HCFAACMS-1500 FORMS AND/OR UB-92/UB-04
FORMS, EXECUTED LETTERS OF PROTECTION, NOTICES OF LIEN, FINANCIAL POLICY AGREEMENT, OR
OTHER MEDICAL RECORDS CONCERNING THE CARE, DIAGNOSIS, OR TREATMENT OF: XIOMARACosa Mens 12014926 CA OT (91)
a
LLERENA, Dave oF BIRTH:
SOCIAL SecLery
** Please call and advise on estimated costs for the preperation of sald copies prior to
presentation of same, **
‘These items will be Inspected and may be copled at that time. You will not be
required to surrender the original Items. ‘You may comply with this Subpoane by
providiny leclible copes of the items te be produced to the attorne: whose name appears
juled date of production. You may condition the
preparation of the coples upon the payment in advance of the reasonable cost of
preparation. Included hereln Is a Certification for Records Custodian for your signature.
You may sign the enclosed Certification in lleu of a personal appearance for deposition
testimony. You may mail or deliver the copies to the attamey 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 thls Subpoena at any thne
before production by giving written notiea to the attorney whose name appears on this
Subpoena. THIS WILL NOT BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN,
if you fall to:
(1) appear as specified; or
@) furnish the records Instenc of appearlng as provided above; or
@) object te this Subposna, you may be in contempt of Court. You are subpoenasd to
appear by the following attormey, and unless excused from this Subpoena by this attorney
or the court, you shall respond to this Subpoena as directed,
This Certifies that this Subpoena has been issued In Compliance with the Health
Insurance Portability and Accountability Act of 1996 (HIFAA) Public Law 104.901 and 45
CAR. §164.512e(1KI0, as this Subpoena has been Issued pursuant to Rules 1.410 and
1.310 Fla. R. Civ. P, The Party issuing this Subpoena has provided! written notice to the
Patient listed above by sending his/her attorney a Motice of Production from Non-Party(ies)
for which this Subpoena has been Issued and Included sufficient informetion about the
documents sought to permit the Plaintiff te raise an objection to the Court or Administrative
Tribunal, The Plaintiff may mise an objection pursuant to Rule 1.280(c), Fla. R. Civ. P.,
and no testimony will be taken nor will documents be produced untll sald objections, if
any, have been resolved, No objections were filed by Plaintiff,Came No 17-014926 CA 01 (31)
Page 3
DATED this__ day of March, 2018.
HEATHER M. CALHOON
Florida Bar. 495573
LUKS, SANTANIELLO,
PETRILLO & JONES
150 W. Flagler Strnet, Sulte 2750
Miami, FL 33730
(305) 377-8900
(305) 377-6901UBL-241S8MACP 330 /DNSdan
IN THE CIRCUIT COURT OF THE
TITH JUDICIAL CIRCUIT IN AND FOR
MIAMEDADE COUNTY, FLORIDA
CASE NO. 17-014926 CA 01 (31)
KIOMARA LLERENA AND
ROBERTO LLERENA ,
Piaintifis),
vb.
QUINTANA FAMILY DAY CARE HOME
O/B/A LEARNING AND GROWING FAMILY
CHILD CARE,
Defendant(s}.
SECTION 90.9021) CERTIFICATION/DECLABATION
OF RECORDS CUSTODIAN OF DAVID FONT-RODRIGUEZ. M.D.
In accordance with Florida Statute Sectlon 90.902(11), Self-Authentication, |,
Custodian of Records DAVID PONT-RO!
hereby produce the attached records of XIOMARA LLERENA, and do hereby certify that
such records:
fa} Were made at or near the time of the occurrence of the matters sat forth by,
or from Information transmitted by a parson or persons with knowledge of
the matters, acting within the course of the regularly conducted business
activity of DAVID FONT-RODRIG'
{b} Were kept In the course of the. regularly conducted business activity of
DAVID FONT-RODRIGUEZ, M.D
{c) Were made as a regular practice in the course of the regularly conducted
fe} And are que and accurate coples of the original records.| have read every statement made in this certification, and each statement In true
and correct. | understand that falsely making such @ certification or declaration would
subject me to criminal penalty under the laws of the foreign or domestic location In which
the certification or declaration was signed.
Dated:
Records Custodian for
DAVID FONT-RODRIGUEZ, M.D.
STATE OF _
COUNTY OF
Sworn to or affirmed and signed befora me on this day of. , 2016.
Notary Public
Personally known
Produced identification
Type of identification producedEXHIBIT “C”TRANGMISSION VERIFICATION REPORT |
TIME : 18/4/2818 14:38
NOME:
DATE, TIME 18/84 14:37
Fax NO, /NOME 3882796813
DURATION 66: 88:59
PAGE (5)
RESULT
MODE BienberD
150 W. Flagler Seneet, Sabie 2600
‘Miami, FL 33130
Luxus SANTANIELLO
From 05) 977-0000
Becubile: 05} 977-6901
Perento & Jones | Hiei: LABLS tewsom
Weinte: Lé-Law.cont
October 4, 2018
Vin facsimile: (305) 279-6213
David Font-Rodriguez, M.D
Attention: Michalle
747 Ponce de Leon Boulevard
Coral Gables, FL 33134
RE Xlomara erena & Roberto Llerena vs. Andres Quintana d/b/a/ Quintana
Our Fite No: USL-24146M
Bate of Birth: rs:
Social Security No: Se.
Dear Michalle:
it was 2 pleasure speaking with you today. Pursuant to your request, enclosed
herein please find a copy of the original Subpoena As you recall, | advised that on
August 3°, 2018 we received records from Dr. Font-Rodriguez, but only included one
visit In 2017. Please forward to us your records through present, including all billing
records for Or. Font Rodriguez, which should include the surgery on Ms. Lierena, as soon
as possible. You can send the records via facsimile at (805) 377-8901 or my email at
Nearrerou@insurancedefense.net.150 W. Flagler Sireat, Suite 2600
‘Miemi, FL 33130
Luxs SaNTaNIELLO ce wnt BE, COOITEL
Peran.o & Jonrs pst
Website: LiLewcoet
October 4, 2018
Via facsimile: (305) 279-6813
David Font-Rodriguez, M.D
Attention: Michelle
747 Ponce de Leon Boulevard
Coral Gables, FL 33134
RE: Xiomara Lierena & Roberto Lierena vs. Andres Quintana d/b/a/ Quintana
Our File No: USL-24148M
Date of Birth: 05/14/1948
Social Security No: wonure-BO6S
Dear Michelle:
it was a pleasure speaking with you today. Pursuant to your request, enclosed
herein please find a copy of the original Subpoena. As you recall, | advised that on
August 3", 2018 we received records from Dr. Font-Rodriguez, but only included one
visit in 2017. Please forward to us your records through present, including all billing
records for Dr. Font Rodriguez, which should include the surgery on Ms. Llerena, as soon
as possible. You can send the records via facsimile at (305) 377-8901 or my email at
if you have any questions, please do not hesitate to contact me. Thank you for
your assistance and | look forward to hearing frorn you.
f ey,
&
Nilda Beraza Carrerou
Paralegal
HMCfeme
Enclosures
USL-2414EM/CP 234
PORT LAUDERDALE BARE ALM TEACH ORLANSO TAMPA SACRBONVILLE TALAAHARIER:
sacnacos = osarracs «6 genamasons «eee = mu.aicomn = “goamesin = ° aangas.ooutVERIFIED RETURN OF SERVICE
State of Feria County of Dade Ghroult Cont
Serene ommemsese LT
MIOWARA LLERENA AND ROBERTO LLERENA OTE
iB.
Datendart
QUINTANA FAMILY BAY GARE HOME INVA LEARING AND GROWING FAMILY
CHILD GARE
Fer:
Heather M. Cathoon
LUKS, SANTANIELLG, PETRILLO & JONES
186 W. Flagler Strest
Suite 2760
Miarnl, Fl, 33130
Racaived by TONY TAMAYO & ABBOCIATES on the th day of March, 2018 at 4:48 pm to be served on W/G DAMID FONT.
RODRIGUEZ, MD, 767 PONCE DE LEON BLVD... CORAL GABLEB, FL 93424,
|, Jacqueline Valaw, do hureby affirm thet on the Oth day of March, 2018 at 2:10 pm, f:
SUBSTITUTE « BUGINESS OFFICH: served by delivering a true copy of the BUBPOENA DUCES TECUM WITHOUT
DEPOSITION, QECTION $0.002(41) CERTIFIGATIONDEGLARATION OF RECORDS CUSTODIAN with the date and
hour of aervios endorsed thereon by me, to: ALEX Bl as AUTHORIZED AGENT, 2 person employed therein and
authorized to accept service forR/S DAVID PONT « RODRIQUEZ, MD at the address of: 747 PONCE DE LEON BLVD,
STE, B08, CORAL GABLES, Fi. $2134, the within named parton’s uaual place of business, in compllance wih State
Goseription of Parson Seneac: Age: SO+, Sax: F, Mace Skin Color: WHITE, Height: 86, Weight 140, Hal: DARK BROWN,
RE
| centity that { aen over the ege of 18, have no intersat In the above action, and | am a Certified Prosses Server, in good
standing, in the judigial ofrsuit in whieh the procsas was served, Under penally of perjury, ! declare that | have read the
forageing Verified Retum of Service and that the facia stated in fare thos, ,
dscqueline Valea
#1684
TONY TAMAYG & ASSOCIATES
7600 W, 30 Avenue
Gulte 27
Hialeah, FL 28018
(205) 824-0088
Our Job Baral Nuriber: TTT-2078008050
Raft USL-24148M
‘Saprhgl 8 TNONONIE Restahanes Seevioun, ne » Paeeas Genere Tobe VAIN THE CIRCUIT COURT OF THE
TITH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO. 17-014926 CA 01 (31)
XIOMARA LLERENA AND
ROBERTO LLERENA ,
Plaintifi{s),
v8.
QUINTANA FAMILY DAY CARE HOME
DVB/A LEARNING AND GROWING FAMILY
CHILD CARE,
Defendant(s).
A
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(RECORDS MAY BE MAILED IN UIEU OF APPEARANCE)
THE STATE OF FLORIDA:
TO: Records Custodian, David Font-Redriguez, MD
743 Ponce de Lean Blvd.
Coral Gables, FL 33134
YOU ARE HEREBY COMMANDED to appear at the law offices of LUKS,
SANTANIELLO, PETRILLO & JONES, 150 W. Flagler Street, Suite 2750, Miaml, FL 33130
on or before April 11, 2018, at 10:00 A.M, and to have with you at that ime and place the
following:
YOUR ENTIRE MEDICAL AND BILLING FILE FROM INITIAL VISIT TO PRESENT
QEAVING NOTHING GUT), To INCLUDE ANY AND ALL RECORDS, COMPLETED PATIENT INTAKE
FORMS AND MEDICAL QUESTIONNAIRES, COMPLETED INSURANCE FORMS, HANDWEITTEN AND
TRANSCRIBED REPORTS, X-RAYS OR DIAGNOSTIC SCANS REPORTS AND FILMS, INTER-OPERATIVE
PHOTOGRAPH(S} OR VIDEO(S), TEST RESULTS, LABORATORY STUDIES, CHART NOTATIONS,
PRESCRUTIONS, DISABILITY CERTIFICATES ANDVOR EXCUSED FROM WORK/SCHOOL NOTICES,
REFERRALS, RECORDS OF OFFICE VISITS, RECOMMENDATIONS, OIAGNOSTIC TEST RESULTS,
CORRESPONDENCE, MEMORANDA, NOTES, ALL BILLING RECORDS, INCLUDING DATE(S) OF TREATMENT,
SERVICE RENDERED AND AMOUNT OF BILL FOR SERVICE, STATEMENT OF ACCOUNT SHOWING ALL
PAYMENTS RECEIVED AND BALANCES, IF ANY, HCFAVCMS-1500 forms anb/or UB-S2/UBO4
FORMS, EXECUTED LETTERS OF PROTECTION, NOTICES OF LIEN, FINANCIAL POLICY AGREEMENT, 08
OTHER MEDICAL RECORDS CONCERNING THE CARE, DIAGNOSIS, OR TREATMENT OF: XIOMARA,Case No.: 174014926 CA OT (39)
Paga 2
LLERENA, DATE OF BinTH: G33 Social Srcunrry gegen
** Please call and advise on estimated costs for the preparation of sald copies prior to
presentation of same, **
‘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
neavidin: lestble copes of the Items to be produced to the attorney whose name apoears
preparation of the copies upon the payment In advance of the reasonable cost of
preparation. Included herein is a Certification for Records Custodian for your signature.
You may sign the enclosed Certification in lieu of a personal appearance for deposition
testimany. You may mail or deliver the coples to the attomay 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 fo the attorney whose name appears on this
Subpeana, THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN,
If you fall to:
(1) appear as specified: or
@) furnish the records Instead of appearing as provided above; or
@) object to this Subpoena, you may be in contempt of Court. You are subpoenaed to
appear by the following attorney, and unless excused from this Subpoena by this attorney
or the court, you shall raspond to this Subpeens as directed,
NOTICE OF HIPAA REGULATION COMPLIANCE
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)(}, as this Subpoena has bean issued pursuant to Rules 1.410 and
1.310 Fla. R. Cly, P. The Party issuing this Subpoena has provided written notice to the
Patient listed above by sending hlvher attorney a Notice of Production from Nor-Party(ies)
for which this Subpoena has been Issued and Included sufficient Information about the
documents sought to permit the Plaintiff to raise an objection to the Court or Administrative
Telbunal. The Plaintiff may raise an objection pursuant to Rule 1.260(c), Fla, R. Civ. P.,
and no testimony will be taken nor will documents be produced until sald objections, if
any, have been resalved, No objections were filed by Flaintiff.Case Now 17-014926 CA 01 G1)
Page 3
%.
DATED this___ day of March, 2018. oo ON
HEATHER M, CALHOON
Florida Bars 495573
LUKS, SANTANIELLO,
PETRILLO & JONES
150 W. Flagler Street, Sulte 2756
Miam|, FL 33130
(305) 377-9900
(305) 377-8901USL RG MBWEP 190 (8S Jas
IN THE CIRCUIT COURT OF THE
TITH JUDICIAL CIRCUIT IN AND FOR
MIAMLDADE COUNTY, FLORIDA
CASE NO.: 17-014926 CA 01 G1}
MIOMARA LLERENA AND
ROBERTO LLERENA ,
Plaindifite),
VE.
QUINTANA FAMILY DAY CARE HOME
DVB/A LEARNING AND GROWING FAMILY
CHILD CARE,
Defendant(s).
In accordance with Florida Statute Section 90.902(11), Self-Authentication, I
ssn Custodian of Records DAVID FONT-RODRIGUEZ,
).. do
hereby produce the attached records of XIOMARA LLERENA, and do hereby certify that
such records:
(} Were made at or near the time of the occurrence of the matters set forth by,
or from information transmitted by a person or persons with knowledge of
the matters, acting within the coume of the regularly conducted business
activity of DAVID FONT-RODRIGUEZ, M.D.
(b) Were kept in the course of the regularly conducted business activity of
DAVID FONT-RODRIGUEZ, M.D
{ce} Were made as a regular practice In the course of the regularly conducted
activity of DAVID FONT-RODRIGUEZ, M.D,
(@} And are true and accurate copies of the orlginal records,| have med every statement made in this certification, and each statement In true
and correct. | understand that falsely making such a certification or declaration would
subject ne to criminal penalty under the laws of the foreign or domestic location in which
the certification or declaration was signed.
Dated:
Records Custodian for
STATEOF
COUNTY OF rc
Sworn to or affirmed and signed before me on this day of “ov
Notary Public
____.. Personally known
ww, Produced identification
Type of Identification produced
Preview
Filing # 79030853 E-Filed 10/08/2018 04:27:13 PM IN THE CIRCUIT COURT OF THE TITH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 17-014926 CA 01 G1) XIOMARA LLERENA AND ROBERTO LLERENA , Plaintiffs, vs. QUINTANA FAMILY DAY CARE HOME D/B/A LEARNING AND GROWING FAMILY CHILD CARE, Defendant. ~ BD. Defendant, QUINTANA FAMILY DAY CARE HOME D/B/A LEARNING AND GROWING FAMILY CHILD CARE, by and through the undersigned counsel, and pursuant te 1.410 of the Florida Rules of Civil Procedure hereby files this Motion to Show Cause directed to David Font-Rodriguez, M.D, and in support states as follows: 1. Plaintiffs XIOMARA LLERENA and ROBERTO LLERENA, filed a lawsuit from an incident that occurred on February 23, 2017, and is alleging that she has sustained injuries and as a result, suffered damages.2. Accordingly, the Defendant attempted to obtain Plaintiff's medical and billing records related to her treatment. 3. On March 9, 2018, a subpoena pursuant to Florida Rule of Civil Procedure 1.410 was served on David Font-Rodriguez, M.D. for any and all medical and billing records pertaining to Plaintiff. See Subpoena Duces Tecum for Deposition and Verified Return of Service attached hereto as Composite Exhibit “A”. David Font- Rodriguez, M.D. failed to provide records in response to subpoena. 4, On April 23, 2018, a follow up letter was faxed to David Font-Rodriguez, M.D, attached hereto as Exhibit “B". To date, the medical records and billing records from David Font-Rodriguez, M.D. remain outstanding. 5. On October 4, 2018 a second letter was faxed in to David Font-Rodriguez, M.D. confirming a telephone corwversation with Michelle from the records department, attached hereto as Exhibit "C". To date, the medical records and billing records from David Font-Rodriguez, M.D. remain outstanding. 6 The Defendant is in need of the medical and billing records in order to adequately prepare for trial, WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order compelling David Font-Redriguez, M.D. to show cause as to why no medical or billing records requested for Plaintiff have been produced to the Defendant, inaccordance and compliance with the aforementioned subpoena, to provide the requested medical and billing records within 5 days, and grant any such further relief as this Court deems fair and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail, to all counsel of record on the attached Service List, this Sth. day of October, 2018. LUKS, SANTANIELLO, PETRILLO & JONES Attorneys for Defendant 150 W. Flagler Street Suite 2600 Miami, FL 33130 Telephone: (305) 377-8900 Facsimile; (305) 377-8901 ‘a DANIEL J. SANTANIELLO Florida Bar No.: 860948 HEATHER M,. CALHOON Florida Bar No.: 495573 LUKSMIA-Pleadings@LS-Law.comSERVICE LIST Michael J. Carmona, Esq. Friedland Law Group 1430 South Dixie Highway Suite 305 Coral Gables, FL 33146 email@friediandlawgroup.com David Font-Rodriguez, M.D. 747 Ponce De Leon Boulevard Coral Gables, Florida 33134EXHIBIT “A”VERIFIED RETURN OF SERVICE ‘State of Feride County of Bade Glreutt Court Scenes "NN e. Batendent: - QUINTANA FAMILY GAY CARE HOME DIVA LEARING AND GROWING FAMILY CHILD GARE For: Heather M. Calhonn LUKS, SANTANIELLO, PETRILLG & JONES 160 W. Plagier Strat Sale 2760 SMlarn!, FL 33480 RODRIOUEE, GaN har Can Nec an i au any of March 2018 at 148 pm to be served on HYG DAVID FONT - RODRIGUEZ, MG, 747 PONCE OB LEON BLVD... CORAL GABLES, FL, i, deoqueling Valum, do hereby affiem test on the 8th day of Maron, 2018 at 2:18 pm, fr SUBUTITUTE - BUSINEBS OFFICE: served by delivering a tue copy ef the SUBPOENA DUGES TECUM WITHOUT DEPOSITION, SECTION $0.002(14) CERTENCATION/DECLARATION OF RECORDS CUSTODIAN with the date and hour of service endorsed thareon by ree, to: ALEM Ml as AUTHORIZED AGENT, jb Berean eraployed therein an and authorized to ancept service forfG DAVID FONT « RODRIQUEZ, MD et the address of 747 GE DE LEON BLVD... STE, 508, CORAL GABLE, Fl. 23134, the within named person's usual place of buelness, In compliance with State Bouaription of Person Servet: Age: 80+, Sex: F, ReoaBkin Color: WHITE, Height: BS, Weight 140, Hair: DARK BROWN, { oartity that {am ower the age of 18, have no interset in the above eetion, and | am a Certified Prooses Server, in mtanding, in the judicial clrault in whtah the process wae served. Under penelty of pedury, | declare that | have read the foregoing Verifind Ratum of Service and? that the facts etated in k are true, TONY TAMAYO & ABBOCIATES ‘7600 Wi. £0 Avenue Suite 317 Histeah, FL 23648 (908) 821 -Ga08 Our Job Serial Number: TTT-2018008080 Refi USL-241484 ‘agate TRAN Redon Berane, bs. Process Memes Tatas YF. AEIN THE CIRCUIT COURT OF THE TITH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 17-014926 CA 01 (31) XIOMARA LLERENA AND ROBERTO LLERENA , Plaintififa), ws. QUINTANA FAMILY DAY CARE HOME D/B/A LEARNING AND GROWING FAMILY CHILD CARE, Defendant(s). SUBPOENA DUCES TECLIM WITHOUT DEPOSITION (@ECORDS MAY BE MAILED IN LIEU OF APPEARANCE) THE STATE OF FLORIDA: TO: Records Custodian, David Font-Rodriguez, MD 747 Ponce de Leon Bivd. Coral Gables, FL 33134 YOU ARE HEREBY COMMANDED to appear at the law offices of LUKS, SANTANIELLO, PETRILL© & JONES, 150 W, Flagler Street, Suite 2750, Miami, FL 33130 on or before April 11, 2018, at 10:00 A.M., and to have with you at that time and place the following: YOUR ENTIRE MEDICAL AND BILLING FILE FROM INITIAL VISIT TO PRESENT (LEAVING NOTHING OUT), TO INCLUGE ANY AND ALL RECORDS, COMPLETED PATIENT INTAKE FORMS AND MECICAL CIJESTIONNAIRES, COMPLETED INSURANCE FORMS, HANDWRITTEN AND TRANSCRIBED REPORTS, X-RAYS OR GIAGNOSTIC SCANS REPORTS AND FILMS, INTER-OPERATIVE FHOTOGRAFH(S) OR ViNEO(9), TEST RESULTS, LABORATORY STUDIES, CHART NOTATIONS, PRESCRIPTIONS, DISABILITY CERTIFICATES AND/OR EXCUSED FROM WORK/SCHOOL NOTICES, REFERRALS, RECORDS OF OFFICE VISITS, RECOMMENDATIONS, DIAGNOSTIC TEST RESULTS, CORRESPONDENCE, MEMORANDA, NOTES, ALL BILLING RECORDS, INCLUDING DATE(S) OF TREATMENT, SERVICES RENDERED AMD AMOUNT OF BILL POR SERVICE, STATEMENT OF ACCOUNT SHOWING ALL PAYMENTS RECEIVER AND BALANCES, IF ANY, HCFA/CMS-1500 Foams AND/OR UB-92/UB-04 FORMS, EXECUTED LETTERS OF PROTECTION, NOTICES OF LIEN, FINANCIAL POLICY AGREEMENT, OR OTHER MEDICAL RECORDS CONCERNING THE CARE, DIAGNOSIS, OR TREATMENT OF: XIOMARACasa No. 17-014926 CA OT (91) Page 2 ** Please call and advise on estimated costs for the preparation of sald copies prior to presentation of same, ** ‘These Items will be inapacted and may be copied at that time. You will not be required to surrender the original lterns, You with this Sul preparation of the coples upon the payment In advance of the reasonable cost of preperation. Included herein Is a Certification for Records Custodian for your signature. You may sign the enclosed Certification in lieu of a personal appearance for deposition testimony. You may mail or deliver the copies to the attorney whose name appears on this Subpoena and thereby ailminate 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 noties to the attomey whose name appears on this Subpoena, THIS WILL NOT BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN, if you fall te: (1) appear as specified; or (2) furnish the records Instead of appearing as provided above; or @) ~~ object to this Subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this Subpoena by this attorney or the court, you shall respond to this Subpoena as directed, NOTICE OF HIPAA REGULATION COMPLIANCE ‘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 CBR. §164.512(e( 100, as this Subpoena has been issued pursuant to Rules 1.410 and 1.310 Fla. RB. Civ. P. The Party issuing this Subpoena has provided written notice t the Patient listed above by sending his/her attorney a Notice of Production from Non-Partyties) for which this Subpoena has been Issued and Included sufficient information about the documents sought to permit the Plaintiff to raise an objection to the Court or Administrative Tribunal. The Plaintiff may raise an objection pursuant to Rule 1.280(c), Fla. R. Civ. P., and no testimony will be taken nor will documents be produced until said objections, if any, have been resolved. Ne objections were fled by Plaintiff.Case Now: 17-014926 CA 01 31} Page 3 ee 3 DATED this day of March, 2018. HEATHER M. CALHOON Florida Bar: 495573 LUKS, SANTANIELLO, PETRILLO & JONES 150 W. Flagler Street, Suite 2750 Miami, FL 33130 (305) 377-8900 (305) 377-8901USLRATASMACP 180 AEs IN THE CIRCUIT COURT OF THE TITH JUDICIAL CIRCUIT IN AND FOR MIAMELDADE COUNTY, FLORIDA, CASE NO.: 17-014926 CA 01 (1) XIOMARA LLERENA AND ROBERTO LLERENA , Plaintifta), WE. QUINTANA FAMILY DAY CARE HOME D/B/A LEARNING AND GROWING FAMILY CHILD CARE, SECTION 90.902¢11) CERTIFICATION/DECLARATION OF RECORDS CUSTODIAN OF DAVID FONT-RODRIGUE, M.D. in accordance with Florida Statute Section 90.902(11), Self-Authentication, |, RODRIGUEZ, M.D... do hereby produce the attached records of XIOMARA LLERENA, and do hereby certify that such records: () Were made at or near the time of the occurrence of the matters set forth by, er frorn Information tarsmitted by a person or penons with knowledge of the matters, acting within the course of the regularly conducted business activity of DAVID FONT-RODRIGUEZ, M.D. tb) «= Were kept In the course of the. regularly conducted business activity of DAVID FONT- RODRIGUEZ, M.D. (c) Were made as a regular practice in the course of the regularly conducted activity of DAVID FONT-RODRIGUEZ, M.Di (2) And are true and accurate copies of the original records.| have read every staternent macla in this certification, and each statement In true and correct. | understand that falsely making such a certification or declaration would subject ma to criminal penalty uncer the laws of the foreign or domestic location in which the certification or declaration was signed. Dated: Records Custodian for STATE OF COUNTY OF Sworn to or affirmed and signed before me on this dayofo , 2018 wae Personally known Produced identification Type of identification producedEXHIBIT “B”TRANEMIOSION VERIFICATION REPORT B4/29/2018 16:88 Fax i Go | meete7riee ‘IKE 04/28 14:59 Pain: JADE 3682735519 Bune Ba: 81:85 Ree... a BIDE STANDARD GM oes Sawranmo j fe eee Peranio & Jonns co Sette ERR April 23, 2018 Vie les 70-6015 - 7 pages « Dawid Font-Redriguax, M40 Atention: Medical Records Cusndian 747 Ponce de Leon Boulevard Coral Gables, FL 33134 RE: Xdomara Lierana & Roberto Llerena vs. Andres Quintana d/o/e/ Quintana Our Fila No: USL-24148M Date of Bich: = Social Security No.; sdilmmmminame: Dear Records Custodian: Aa you may recall, wa previously served a subpoena for records to you on the above-referenced case, For your conventence, please find attached a copy of the Subpoena aed Verified Retum of Servica, Plame vend the requested Information within five (5) days aa to avold the need for ¢ records custodian deposition and/or Motion for Order to Show Cause and Order for Contempt of Court, dv edition, please note that your response mut be macie in writing, if you have any questions, please do not hesitate to contact me. { lock forward to hearin firmer versie180 W. Plagier Sirast, Gnite 2600 Kedteral, BE S280 Peran.o & Jonss — Wests: 1S-lew.ers April 23, 2018 Via facalmile: (903) 279-6813 ~ 7 paces « David Font-Rodriguez, M.D Attention: Medical Records Custodian 747 Ponce de Leon Boulevard Coral Gables, FL 33134 RE: Xlomara Llerena & Roberto Llerena ve. Andres Quintana d/b/a/ Quintana Our File No: USL-24148M Date of Binh: Social Security No.: seeps Dear Records Custodian: Ags you may recall, we previously served a subpoena for records to you on the above-referenced case. For your convenience, please find attached a copy of the Subpoena and Verified Return of Service, Please send the requested information within five (5) days as to avoid the need for a records custodian deposition and/or Matlon for Order to Show Cause and Order for Conternpt of Court. dn adelition, please note that your response must Se made in writing. ff you have any questions, please do not hesitate fo contact me. | look forward to hearing from you. Very truly yours, [of Heather M. Cathasn HEATHER M. CALHOOM HMCieme Enclosures USUAL 4BRACP 286 PORT LATRAPALH 5 BG SL IS PARARES RA Sie Bees SHAR TAMA, ARBOR YR TAEARAROS merrie = ° semes 8° amemem «=* mszoceim ° “Sgemiein ° “masesaeVERIIED RETURN OF SERVICE Giete of Plerida County of Bade Gireult Court Srevornoverrey semen mm HT UH MIOMARA LLERENA AND ROBEATO LLERENA Ye Dehendant: . GMINTANA FAMILY DAY CARE HOME DIMA LIEARING AND GROWING FAMILY CHILD CARE For: Heather M. Calhoon LJKS, BANTANIELLO, PETRELLG & JONGB 180 W, Plagier Strast Suite 2786 Marni, PL 39130 Racalved by TONY TAMAYO & ABBOGIATER on dhe Tih day of March, 2018 et 1:48 pm to be served on RIG DAVID FONT - RODRIGUEZ, MB, 747 PONCE D2 LEON BLVD., CORAL GABLES, FL 32424, 4, Jacqueline Valew, de hereby affirm thet on the Oth dey of Mareh, 2018 at 2:10 pm, SUBSTITUTE « HUGINESS OFFICE: served by delivering a tus copy of the SUBPOENA DUCES TECUM WITHOUT DEPOSITION, BECTION 60.802(11} CERTIMCATIONDECLARATION OF RECORDS CUSTODIAN with the dete and hour of service endoread tharson by me, to: ALEX Mi as AUTHORIZED AGENT, a person employed therein and authorized to acoept service forlG DAVID FONT » RODRNIUEZ, MD at the addrewe of: 747 PONCE DE LEON BLVD. ‘OTE, 808, CORAL GABLIG, Fi. 23134, the within named person's usual plece of business, in compliance with State pucristion ot Person Served: Age: 30, Sax: F, Reow kin Color: WHITE, Height 8, Waight 146, Hele DARK BROWN, F oertty that fam over the ag of 18, hve no intareat in the above action, and | am a Corlifed Process Sarvar, Server, in good standing, is {he hudisil cial in which the procuse wee served. Under penalty of pariuy, { declare thet | have mad the foregoing Verified Return of Service and that the facia stated In K are frus, TONY TAMAYG & ARMOCIATES O00 W. 20 Avenue Sulte 297 Hialeah, PL s30t8 (008) g21-uese Our Jot Serial Number: TTT-2018008080 Ref USL24148M ‘Sungei TORAH Rates Cervten, doy, ~ Beaman Sens Toles VFAIN THE CIRCUIT COURT OF THE TITH JUDICIAL CIRCUIT IN AND FOR MIAMP-DADE COUNTY, FLORIDA CASE NO.: 17-01-4926 CA 01 (31) XIOMARA LLERENA AND ROBERTO LLERENA , Plaintiffs), va. QUINTANA FAMILY DAY CARE HOME D/B/A LEARNING AND GROWING FAMILY CHILO CARE, Defenclant(s), é (RECORDS MAY BE MAILED IN LIEU OF APPEARANCE) THE STATE OF FLORIDA: TO: Records Custodian, David Font-Redriguez, MD 74? Ponce de Leon Blvd, Coral Gables, FL 33194 YOU ARE HEREBY COMMANDED to appear at the law offices of LUKS, SANTANIELLO, PETRILLO & JONES, 150 W. Flagler Street, Suite 2750, Miami, FL 33130 on or before April 11, 2018, at 10:00 A.M., and to have with you at that time and place the following: YOUR ENTIRE MEDICAL AND BILUNG FILE FROM INITIAL VISIT TO PRESENT (LEAVING NOTHING OU), TO INCLUDE ANY AND ALL RECORDS, COMPLETED PATIENT INTAKE FORMS AND) MEDICAL QUESTIONNAIRES, COMPLETED INSURANCE FORMS, HANDWRITTEN AND TRANSCRIBED REPORTS, X-RAYS OR DIAGNOSTIC SCANS REPORTS AND FILMS, INTER-OPERATIVE PHOTOGRAPH(S) OR VIDECMS), TEST RESULTS, LABORATORY STUDIES, CHART NOTATIONS, PRESCRIPTIONS, DISABILITY CERTIFICATES ANOVOR EXCUSED FROM WORN/SCHOOL NOTICES, REFERRALS, RECORDS OF OFFICE VISITS, RECOMMENDATIONS, CHAGNOSTIC TEST RESULTS, CORRESPONDENCE, MEMORANDA, NOTES, ALL BILLING RECORDS, INCLUDING DATE(S) OF TREATMENT, SERVICES RENDERED AND AMOUNT OF BILL FOR SERVICE, STATEMENT OF ACCOUNT SHOWING ALL PAYMENTS RECEIVED AND BALANCES, IF ANY, HCFAACMS-1500 FORMS AND/OR UB-92/UB-04 FORMS, EXECUTED LETTERS OF PROTECTION, NOTICES OF LIEN, FINANCIAL POLICY AGREEMENT, OR OTHER MEDICAL RECORDS CONCERNING THE CARE, DIAGNOSIS, OR TREATMENT OF: XIOMARACosa Mens 12014926 CA OT (91) a LLERENA, Dave oF BIRTH: SOCIAL SecLery ** Please call and advise on estimated costs for the preperation of sald copies prior to presentation of same, ** ‘These items will be Inspected and may be copled at that time. You will not be required to surrender the original Items. ‘You may comply with this Subpoane by providiny leclible copes of the items te be produced to the attorne: whose name appears juled date of production. You may condition the preparation of the coples upon the payment in advance of the reasonable cost of preparation. Included hereln Is a Certification for Records Custodian for your signature. You may sign the enclosed Certification in lleu of a personal appearance for deposition testimony. You may mail or deliver the copies to the attamey 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 thls Subpoena at any thne before production by giving written notiea to the attorney whose name appears on this Subpoena. THIS WILL NOT BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN, if you fall to: (1) appear as specified; or @) furnish the records Instenc of appearlng as provided above; or @) object te this Subposna, you may be in contempt of Court. You are subpoenasd to appear by the following attormey, and unless excused from this Subpoena by this attorney or the court, you shall respond to this Subpoena as directed, This Certifies that this Subpoena has been issued In Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIFAA) Public Law 104.901 and 45 CAR. §164.512e(1KI0, as this Subpoena has been Issued pursuant to Rules 1.410 and 1.310 Fla. R. Civ. P, The Party issuing this Subpoena has provided! written notice to the Patient listed above by sending his/her attorney a Motice of Production from Non-Party(ies) for which this Subpoena has been Issued and Included sufficient informetion about the documents sought to permit the Plaintiff te raise an objection to the Court or Administrative Tribunal, The Plaintiff may mise an objection pursuant to Rule 1.280(c), Fla. R. Civ. P., and no testimony will be taken nor will documents be produced untll sald objections, if any, have been resolved, No objections were filed by Plaintiff,Came No 17-014926 CA 01 (31) Page 3 DATED this__ day of March, 2018. HEATHER M. CALHOON Florida Bar. 495573 LUKS, SANTANIELLO, PETRILLO & JONES 150 W. Flagler Strnet, Sulte 2750 Miami, FL 33730 (305) 377-8900 (305) 377-6901UBL-241S8MACP 330 /DNSdan IN THE CIRCUIT COURT OF THE TITH JUDICIAL CIRCUIT IN AND FOR MIAMEDADE COUNTY, FLORIDA CASE NO. 17-014926 CA 01 (31) KIOMARA LLERENA AND ROBERTO LLERENA , Piaintifis), vb. QUINTANA FAMILY DAY CARE HOME O/B/A LEARNING AND GROWING FAMILY CHILD CARE, Defendant(s}. SECTION 90.9021) CERTIFICATION/DECLABATION OF RECORDS CUSTODIAN OF DAVID FONT-RODRIGUEZ. M.D. In accordance with Florida Statute Sectlon 90.902(11), Self-Authentication, |, Custodian of Records DAVID PONT-RO! hereby produce the attached records of XIOMARA LLERENA, and do hereby certify that such records: fa} Were made at or near the time of the occurrence of the matters sat forth by, or from Information transmitted by a parson or persons with knowledge of the matters, acting within the course of the regularly conducted business activity of DAVID FONT-RODRIG' {b} Were kept In the course of the. regularly conducted business activity of DAVID FONT-RODRIGUEZ, M.D {c) Were made as a regular practice in the course of the regularly conducted fe} And are que and accurate coples of the original records.| have read every statement made in this certification, and each statement In true and correct. | understand that falsely making such @ certification or declaration would subject me to criminal penalty under the laws of the foreign or domestic location In which the certification or declaration was signed. Dated: Records Custodian for DAVID FONT-RODRIGUEZ, M.D. STATE OF _ COUNTY OF Sworn to or affirmed and signed befora me on this day of. , 2016. Notary Public Personally known Produced identification Type of identification producedEXHIBIT “C”TRANGMISSION VERIFICATION REPORT | TIME : 18/4/2818 14:38 NOME: DATE, TIME 18/84 14:37 Fax NO, /NOME 3882796813 DURATION 66: 88:59 PAGE (5) RESULT MODE BienberD 150 W. Flagler Seneet, Sabie 2600 ‘Miami, FL 33130 Luxus SANTANIELLO From 05) 977-0000 Becubile: 05} 977-6901 Perento & Jones | Hiei: LABLS tewsom Weinte: Lé-Law.cont October 4, 2018 Vin facsimile: (305) 279-6213 David Font-Rodriguez, M.D Attention: Michalle 747 Ponce de Leon Boulevard Coral Gables, FL 33134 RE Xlomara erena & Roberto Llerena vs. Andres Quintana d/b/a/ Quintana Our Fite No: USL-24146M Bate of Birth: rs: Social Security No: Se. Dear Michalle: it was 2 pleasure speaking with you today. Pursuant to your request, enclosed herein please find a copy of the original Subpoena As you recall, | advised that on August 3°, 2018 we received records from Dr. Font-Rodriguez, but only included one visit In 2017. Please forward to us your records through present, including all billing records for Or. Font Rodriguez, which should include the surgery on Ms. Lierena, as soon as possible. You can send the records via facsimile at (805) 377-8901 or my email at Nearrerou@insurancedefense.net.150 W. Flagler Sireat, Suite 2600 ‘Miemi, FL 33130 Luxs SaNTaNIELLO ce wnt BE, COOITEL Peran.o & Jonrs pst Website: LiLewcoet October 4, 2018 Via facsimile: (305) 279-6813 David Font-Rodriguez, M.D Attention: Michelle 747 Ponce de Leon Boulevard Coral Gables, FL 33134 RE: Xiomara Lierena & Roberto Lierena vs. Andres Quintana d/b/a/ Quintana Our File No: USL-24148M Date of Birth: 05/14/1948 Social Security No: wonure-BO6S Dear Michelle: it was a pleasure speaking with you today. Pursuant to your request, enclosed herein please find a copy of the original Subpoena. As you recall, | advised that on August 3", 2018 we received records from Dr. Font-Rodriguez, but only included one visit in 2017. Please forward to us your records through present, including all billing records for Dr. Font Rodriguez, which should include the surgery on Ms. Llerena, as soon as possible. You can send the records via facsimile at (305) 377-8901 or my email at if you have any questions, please do not hesitate to contact me. Thank you for your assistance and | look forward to hearing frorn you. f ey, & Nilda Beraza Carrerou Paralegal HMCfeme Enclosures USL-2414EM/CP 234 PORT LAUDERDALE BARE ALM TEACH ORLANSO TAMPA SACRBONVILLE TALAAHARIER: sacnacos = osarracs «6 genamasons «eee = mu.aicomn = “goamesin = ° aangas.ooutVERIFIED RETURN OF SERVICE State of Feria County of Dade Ghroult Cont Serene ommemsese LT MIOWARA LLERENA AND ROBERTO LLERENA OTE iB. Datendart QUINTANA FAMILY BAY GARE HOME INVA LEARING AND GROWING FAMILY CHILD GARE Fer: Heather M. Cathoon LUKS, SANTANIELLG, PETRILLO & JONES 186 W. Flagler Strest Suite 2760 Miarnl, Fl, 33130 Racaived by TONY TAMAYO & ABBOCIATES on the th day of March, 2018 at 4:48 pm to be served on W/G DAMID FONT. RODRIGUEZ, MD, 767 PONCE DE LEON BLVD... CORAL GABLEB, FL 93424, |, Jacqueline Valaw, do hureby affirm thet on the Oth day of March, 2018 at 2:10 pm, f: SUBSTITUTE « BUGINESS OFFICH: served by delivering a true copy of the BUBPOENA DUCES TECUM WITHOUT DEPOSITION, QECTION $0.002(41) CERTIFIGATIONDEGLARATION OF RECORDS CUSTODIAN with the date and hour of aervios endorsed thereon by me, to: ALEX Bl as AUTHORIZED AGENT, 2 person employed therein and authorized to accept service forR/S DAVID PONT « RODRIQUEZ, MD at the address of: 747 PONCE DE LEON BLVD, STE, B08, CORAL GABLES, Fi. $2134, the within named parton’s uaual place of business, in compllance wih State Goseription of Parson Seneac: Age: SO+, Sax: F, Mace Skin Color: WHITE, Height: 86, Weight 140, Hal: DARK BROWN, RE | centity that { aen over the ege of 18, have no intersat In the above action, and | am a Certified Prosses Server, in good standing, in the judigial ofrsuit in whieh the procsas was served, Under penally of perjury, ! declare that | have read the forageing Verified Retum of Service and that the facia stated in fare thos, , dscqueline Valea #1684 TONY TAMAYG & ASSOCIATES 7600 W, 30 Avenue Gulte 27 Hialeah, FL 28018 (205) 824-0088 Our Job Baral Nuriber: TTT-2078008050 Raft USL-24148M ‘Saprhgl 8 TNONONIE Restahanes Seevioun, ne » Paeeas Genere Tobe VAIN THE CIRCUIT COURT OF THE TITH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 17-014926 CA 01 (31) XIOMARA LLERENA AND ROBERTO LLERENA , Plaintifi{s), v8. QUINTANA FAMILY DAY CARE HOME DVB/A LEARNING AND GROWING FAMILY CHILD CARE, Defendant(s). A SUBPOENA DUCES TECUM WITHOUT DEPOSITION (RECORDS MAY BE MAILED IN UIEU OF APPEARANCE) THE STATE OF FLORIDA: TO: Records Custodian, David Font-Redriguez, MD 743 Ponce de Lean Blvd. Coral Gables, FL 33134 YOU ARE HEREBY COMMANDED to appear at the law offices of LUKS, SANTANIELLO, PETRILLO & JONES, 150 W. Flagler Street, Suite 2750, Miaml, FL 33130 on or before April 11, 2018, at 10:00 A.M, and to have with you at that ime and place the following: YOUR ENTIRE MEDICAL AND BILLING FILE FROM INITIAL VISIT TO PRESENT QEAVING NOTHING GUT), To INCLUDE ANY AND ALL RECORDS, COMPLETED PATIENT INTAKE FORMS AND MEDICAL QUESTIONNAIRES, COMPLETED INSURANCE FORMS, HANDWEITTEN AND TRANSCRIBED REPORTS, X-RAYS OR DIAGNOSTIC SCANS REPORTS AND FILMS, INTER-OPERATIVE PHOTOGRAPH(S} OR VIDEO(S), TEST RESULTS, LABORATORY STUDIES, CHART NOTATIONS, PRESCRUTIONS, DISABILITY CERTIFICATES ANDVOR EXCUSED FROM WORK/SCHOOL NOTICES, REFERRALS, RECORDS OF OFFICE VISITS, RECOMMENDATIONS, OIAGNOSTIC TEST RESULTS, CORRESPONDENCE, MEMORANDA, NOTES, ALL BILLING RECORDS, INCLUDING DATE(S) OF TREATMENT, SERVICE RENDERED AND AMOUNT OF BILL FOR SERVICE, STATEMENT OF ACCOUNT SHOWING ALL PAYMENTS RECEIVED AND BALANCES, IF ANY, HCFAVCMS-1500 forms anb/or UB-S2/UBO4 FORMS, EXECUTED LETTERS OF PROTECTION, NOTICES OF LIEN, FINANCIAL POLICY AGREEMENT, 08 OTHER MEDICAL RECORDS CONCERNING THE CARE, DIAGNOSIS, OR TREATMENT OF: XIOMARA,Case No.: 174014926 CA OT (39) Paga 2 LLERENA, DATE OF BinTH: G33 Social Srcunrry gegen ** Please call and advise on estimated costs for the preparation of sald copies prior to presentation of same, ** ‘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 neavidin: lestble copes of the Items to be produced to the attorney whose name apoears preparation of the copies upon the payment In advance of the reasonable cost of preparation. Included herein is a Certification for Records Custodian for your signature. You may sign the enclosed Certification in lieu of a personal appearance for deposition testimany. You may mail or deliver the coples to the attomay 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 fo the attorney whose name appears on this Subpeana, THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN, If you fall to: (1) appear as specified: or @) furnish the records Instead of appearing as provided above; or @) object to this Subpoena, you may be in contempt of Court. You are subpoenaed to appear by the following attorney, and unless excused from this Subpoena by this attorney or the court, you shall raspond to this Subpeens as directed, NOTICE OF HIPAA REGULATION COMPLIANCE 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)(}, as this Subpoena has bean issued pursuant to Rules 1.410 and 1.310 Fla. R. Cly, P. The Party issuing this Subpoena has provided written notice to the Patient listed above by sending hlvher attorney a Notice of Production from Nor-Party(ies) for which this Subpoena has been Issued and Included sufficient Information about the documents sought to permit the Plaintiff to raise an objection to the Court or Administrative Telbunal. The Plaintiff may raise an objection pursuant to Rule 1.260(c), Fla, R. Civ. P., and no testimony will be taken nor will documents be produced until sald objections, if any, have been resalved, No objections were filed by Flaintiff.Case Now 17-014926 CA 01 G1) Page 3 %. DATED this___ day of March, 2018. oo ON HEATHER M, CALHOON Florida Bars 495573 LUKS, SANTANIELLO, PETRILLO & JONES 150 W. Flagler Street, Sulte 2756 Miam|, FL 33130 (305) 377-9900 (305) 377-8901USL RG MBWEP 190 (8S Jas IN THE CIRCUIT COURT OF THE TITH JUDICIAL CIRCUIT IN AND FOR MIAMLDADE COUNTY, FLORIDA CASE NO.: 17-014926 CA 01 G1} MIOMARA LLERENA AND ROBERTO LLERENA , Plaindifite), VE. QUINTANA FAMILY DAY CARE HOME DVB/A LEARNING AND GROWING FAMILY CHILD CARE, Defendant(s). In accordance with Florida Statute Section 90.902(11), Self-Authentication, I ssn Custodian of Records DAVID FONT-RODRIGUEZ, ).. do hereby produce the attached records of XIOMARA LLERENA, and do hereby certify that such records: (} Were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by a person or persons with knowledge of the matters, acting within the coume of the regularly conducted business activity of DAVID FONT-RODRIGUEZ, M.D. (b) Were kept in the course of the regularly conducted business activity of DAVID FONT-RODRIGUEZ, M.D {ce} Were made as a regular practice In the course of the regularly conducted activity of DAVID FONT-RODRIGUEZ, M.D, (@} And are true and accurate copies of the orlginal records,| have med every statement made in this certification, and each statement In true and correct. | understand that falsely making such a certification or declaration would subject ne to criminal penalty under the laws of the foreign or domestic location in which the certification or declaration was signed. Dated: Records Custodian for STATEOF COUNTY OF rc Sworn to or affirmed and signed before me on this day of “ov Notary Public ____.. Personally known ww, Produced identification Type of Identification produced