On June 16, 2017 a
Party Discovery
was filed
involving a dispute between
Clemente,
Levine,
and
Senior Health-Treasure Isles Llc,
Treasure Isle Care Center,,
for Nursing Home Negligence
in the District Court of Miami-Dade County.
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Filing # 67422720 E-Filed 02/02/2018 10:30:38 AM
IN THE CIRCUIT COURT OF THE
11™ JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASENO.: 2017-014511-CA-01
ISABEL LEVINE, as Personal
Representative of the Estate of
JOSE L. CLEMENTE, Deceased,
Plaintiff,
vs.
SENIOR HEALTH - TREASURE
ISLES, LLC. d/b/a TREASURE
ISLE CARE CENTER,
Defendant.
/
PLAINTIFF’S RESPONSES TO DEFENDANT’S REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, ISABEL LEVINE, as Personal Representative of the Estate of
JOSE L. CLEMENTE, Deceased, by and through her undersigned counsel, and pursuant to Rule
1.340, Fla.R.Civ.P., hereby files this, her Responses to Defendant, SENIOR HEALTH -
TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER, Request for Production served
on February 1, 2018.
1. Objection. Irrelevant. Please be advised that the settlement agreement release in question,
contains a confidentiality agreement on behalf of LP Port Charlotte, LLC., therefore the
Plaintiff does not have standing to waive LP Port Charlotte, LLC.’s confidentiality
agreement. Of course, if LP Port Charlotte, LLC. has no objection to waiving their
confidentiality agreement and instructs Plaintiffs counsel to produce said settlement release,
the Plaintiff will have no problem producing it immediately. Moreover, please be advised
with the abolition of joint and several liability, settlement releases are now irrelevant and
inadmissable concerning set offissues. Wal-Mart Stores, Inc. Starachan, 82 So.3d 1052 (Fla,
4" DCA 2011).CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via the
Florida Courts E-filing Portal: Amy L. Christiansen, Esq.; ach: wser.com; this 2™ day
of February, 2018.
FORD, DEAN & ROTUNDO, P.A.
Attorneys for Plaintiff
Turnberry Plaza, Suite 600
2875 N.E. 191 Street
Aventura, FL 33180
Tel: (305) 670-2000
Fax: (305) 670-1353
By:
WL A. DEAN, B.C.S.
Florida Bar No.: 118354
Document Filed Date
February 02, 2018
Case Filing Date
June 16, 2017
Category
Nursing Home Negligence
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Filing # 67422720 E-Filed 02/02/2018 10:30:38 AM IN THE CIRCUIT COURT OF THE 11™ JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASENO.: 2017-014511-CA-01 ISABEL LEVINE, as Personal Representative of the Estate of JOSE L. CLEMENTE, Deceased, Plaintiff, vs. SENIOR HEALTH - TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER, Defendant. / PLAINTIFF’S RESPONSES TO DEFENDANT’S REQUEST FOR PRODUCTION COMES NOW the Plaintiff, ISABEL LEVINE, as Personal Representative of the Estate of JOSE L. CLEMENTE, Deceased, by and through her undersigned counsel, and pursuant to Rule 1.340, Fla.R.Civ.P., hereby files this, her Responses to Defendant, SENIOR HEALTH - TREASURE ISLES, LLC. d/b/a TREASURE ISLE CARE CENTER, Request for Production served on February 1, 2018. 1. Objection. Irrelevant. Please be advised that the settlement agreement release in question, contains a confidentiality agreement on behalf of LP Port Charlotte, LLC., therefore the Plaintiff does not have standing to waive LP Port Charlotte, LLC.’s confidentiality agreement. Of course, if LP Port Charlotte, LLC. has no objection to waiving their confidentiality agreement and instructs Plaintiffs counsel to produce said settlement release, the Plaintiff will have no problem producing it immediately. Moreover, please be advised with the abolition of joint and several liability, settlement releases are now irrelevant and inadmissable concerning set offissues. Wal-Mart Stores, Inc. Starachan, 82 So.3d 1052 (Fla, 4" DCA 2011).CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via the Florida Courts E-filing Portal: Amy L. Christiansen, Esq.; ach: wser.com; this 2™ day of February, 2018. FORD, DEAN & ROTUNDO, P.A. Attorneys for Plaintiff Turnberry Plaza, Suite 600 2875 N.E. 191 Street Aventura, FL 33180 Tel: (305) 670-2000 Fax: (305) 670-1353 By: WL A. DEAN, B.C.S. Florida Bar No.: 118354