Preview
Filing # 111312727 E-Filed 08/05/2020 11:38:36 AM
RETURN OF SERVICE
State of Florida County of Charlotte Circuit Court
Case Number: 2020-100-CA
Plaintiff: | | i | | WU | | |
DEBRA LAPOSA ODY2020004939
VS.
Defendant:
WAL-MART STORES EAST, L.P., et al.
For:
Amanda J. Ross, Esq.
Henderson Franklin Starnes & Holt
P.O. Box 280
Fort Myers, FL 33904
Received by Ody's Professional Process on the 27th day of July, 2020 at 12:00 pm to be served on ADULT & PEDIATRIC ALLERGY
& ASTHMA ATTN: MEDICAL RECORDS CUSTODIAN, 2684 SWAMP CABBAGE COURT, FORT MYERS, FL 33901.
|, Odalys Eire #157144, do hereby affirm that on the 30th day of July, 2020 at 2:15 pm, I:
served an AUTHORIZED entity by delivering a true copy of the SUBPOENA DUCES TECUM WITHOUT DEPOSITION, DEFENDANT
WALMART STORES EAST, L.P.'S CERTIFICATE OF NON-OBJECTION, DEFENDANT WALMART STORES EAST, L.P.'S NOTICE
OF PRODUCTION FROM NON-PARTIES with the date and hour of service endorsed thereon by me, to: ANDREA K. as OFFICE
MANAGER at the address of: 2684 SWAMP CABBAGE COURT, FORT MYERS, FL 33901, who stated they are authorized to accept
service for ADULT & PEDIATRIC ALLERGY & ASTHMA, and informed said person of the contents therein, in compliance with state
statutes.
Description of Person Served: Age: 45, Sex: F, Race/Skin Color: Cauc, Height: 56, Weight: 180, Hair: Blonde, Glasses: N
PURSUANT TO FLORIDA STATUTE 92.525, | ACKNOWLEDGE THAT | AM CERTIFIED IN GOOD STANDING IN THE JUDICIAL
CIRCUIT WHERE THIS PROCESS WAS SERVED, HAVE NO INTEREST IN THE ABOVE ACTION, AND AM OF LEGAL AGE.
UNDER PENALTY OF PERJURY, | DECLARE THAT | HAVE READ THE FOREGOING VERIFIED RETURN OF SERVICE AND THAT
THE FACTS STATED IN IT ARE TRUE.
Bact
Odalys Eire #157144
Certified Process Server
Ody's Professional Process
Post Office Box 1623
Fort Myers, FL 33902
(239) 369-5214
Our Job Serial Number: ODY-2020004939
Copyright © 1992-2020 Database Services, Inc. - Process Server's Toolbox V8.1rIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintif, 1-30-20
Bis pm
v. Case No. 2020-100-CA OEKISUEE
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and RYAN BARBER, Store
Manager,
Defendants.
J
Sn nnd
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
SUBPOENA DUCES EE y————e
THE STATE OF FLORIDA, TO:
Medical Records Custodian
Adult & Pediatric Allergy & Asthma
2684 Swamp Cabbage Ct.
Fort Myers, FL 33904
YOU ARE COMMANDED to appear at the following offices within ten (10) days of the receipt of this
Subpoena:
Amanda J. Ross, Esquire Ashley Long, Esquire
Henderson, Franklin, Starnes & Holt, P.A. Morgan & Morgan, P.A.
1715 Monroe Street 2222 South Tamiami Trail
Fort Myers, FL 33901 Sarasota, FL 34239
239-344-1249 941-366-1790
and at that time and place have with you the following: any and all medical, radiology, and billing records
or reports, office notes, nurse’s notes, appointment cards, x-ray reports, radiology films, clinical reports,
questionnaire or patient information forms, ledgers, invoices, billing statements showing total amount of
bill paid and by whom, correspondence, reports or correspondence prepared for attorneys by witness or
received from attorneys, every written piece of paper included within the patient's chart, including a copy
of any notations on the file jacket, etc., and ail other tangible items pertaining to the diagnosis, care,
treatment and/or examination by the witness, or any other health provider that are in the possession of
the witness, regarding patient DEBRA LAPOSA, DOB: » SSN: All records
should be all inclusive of any care and treatment ever provided, and should in no way be limited to one
incident.
PLEASE. NOTE: Rule 1.351, Florida Rules of Civil Procedure, provides that a medical
provider who receives a subpoena for recerds “may condition the preparation of copies on the
payment in advance of the reasonable cost of preparing the copies." Rule 1.410, Florida Rules of
Civil Procedure, requires a party who served a subpoena to pay only the “reasonable cost” of the
production of books, papers, documents, or tangible things. If the cost of reproduction of your
records will exceed $50.00, you MUST first seek pre-approval from our office — our firm will not be
responsible for charges in excess of $50.00 unless pre-approval was given. To obtain pre-
approval, please contact our office at (239) 344-1251 and speak with Paralegal Karen L. Dopkins.sw#i+eeDLEASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS*****
THESE ITEMS WILL BE inspected and may be copied ai that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of the items
to be produced to the attorney whose name appears on this subpoena below as well as to the offices of
Ashley Long, Esquire, of Morgan & Morgan, P.A., 2222 South Tamiami Trail, Sarasota, FL 34239
on or before the scheduled date of production (with a bill included to each office for the reasonable
cost of copying the records.) If the cost of reproduction exceeds $50.00, please contact our office
at (239) 344-4254 for approval. You may condition the preparation of the copies upon the payment in
advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose
name appears on this subpoena and thereby eliminate your appearance al the time and place specified
above. You have the right to object to the production pursuant to this subpoena at any time before
production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL
NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
IF YOU FAIL TO:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above: or
(3) object to this subpoena,
YOU MAY BE IN CONTEMPT OF COURT. You are subpoenaed by the following attorney and
unless excused from this subpoena by this attorney or the Court, you shall respond to this subpoena as
directed.
This subpoena shall expire ninety (90) days from the date of execution.
HIPAA Certificate: This certifies that this subpoena has been issued in compliance with the
Health insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-901 and 45 CFR
164.512(e)(1)(ii) as this subpoena has been issued pursuant to Rules 1.410 and 1.310, Fia.R.Civ.P. The
Party issuing this subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient
listed above by sending his/her attorney a notice of the taking of this deposition for which this subpoena
has been issued and which included sufficient information about the litigation to permit the Plaintiff/Patient
to raise an objection to the court or administrative tribunal. The Plaintiff/Patient 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.
DATED:_07/27/2020
AMANDA J. ROSS, ESQ.
For the Court
By: /el Panda Y. Rose
Attorneys for Defendant ~ Walmart Stores East, LP
Henderson, Franklin, Starnes & Holt, P.A.
Post Office Box 280
Fort Myers, Florida 33902-0280
239.344.1251 (phone)
239.344.1497 (facsimile)
Florida Bar No. 598666
#2391826
Preview
Filing # 111312727 E-Filed 08/05/2020 11:38:36 AM RETURN OF SERVICE State of Florida County of Charlotte Circuit Court Case Number: 2020-100-CA Plaintiff: | | i | | WU | | | DEBRA LAPOSA ODY2020004939 VS. Defendant: WAL-MART STORES EAST, L.P., et al. For: Amanda J. Ross, Esq. Henderson Franklin Starnes & Holt P.O. Box 280 Fort Myers, FL 33904 Received by Ody's Professional Process on the 27th day of July, 2020 at 12:00 pm to be served on ADULT & PEDIATRIC ALLERGY & ASTHMA ATTN: MEDICAL RECORDS CUSTODIAN, 2684 SWAMP CABBAGE COURT, FORT MYERS, FL 33901. |, Odalys Eire #157144, do hereby affirm that on the 30th day of July, 2020 at 2:15 pm, I: served an AUTHORIZED entity by delivering a true copy of the SUBPOENA DUCES TECUM WITHOUT DEPOSITION, DEFENDANT WALMART STORES EAST, L.P.'S CERTIFICATE OF NON-OBJECTION, DEFENDANT WALMART STORES EAST, L.P.'S NOTICE OF PRODUCTION FROM NON-PARTIES with the date and hour of service endorsed thereon by me, to: ANDREA K. as OFFICE MANAGER at the address of: 2684 SWAMP CABBAGE COURT, FORT MYERS, FL 33901, who stated they are authorized to accept service for ADULT & PEDIATRIC ALLERGY & ASTHMA, and informed said person of the contents therein, in compliance with state statutes. Description of Person Served: Age: 45, Sex: F, Race/Skin Color: Cauc, Height: 56, Weight: 180, Hair: Blonde, Glasses: N PURSUANT TO FLORIDA STATUTE 92.525, | ACKNOWLEDGE THAT | AM CERTIFIED IN GOOD STANDING IN THE JUDICIAL CIRCUIT WHERE THIS PROCESS WAS SERVED, HAVE NO INTEREST IN THE ABOVE ACTION, AND AM OF LEGAL AGE. UNDER PENALTY OF PERJURY, | DECLARE THAT | HAVE READ THE FOREGOING VERIFIED RETURN OF SERVICE AND THAT THE FACTS STATED IN IT ARE TRUE. Bact Odalys Eire #157144 Certified Process Server Ody's Professional Process Post Office Box 1623 Fort Myers, FL 33902 (239) 369-5214 Our Job Serial Number: ODY-2020004939 Copyright © 1992-2020 Database Services, Inc. - Process Server's Toolbox V8.1rIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintif, 1-30-20 Bis pm v. Case No. 2020-100-CA OEKISUEE WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and RYAN BARBER, Store Manager, Defendants. J Sn nnd SUBPOENA DUCES TECUM WITHOUT DEPOSITION SUBPOENA DUCES EE y————e THE STATE OF FLORIDA, TO: Medical Records Custodian Adult & Pediatric Allergy & Asthma 2684 Swamp Cabbage Ct. Fort Myers, FL 33904 YOU ARE COMMANDED to appear at the following offices within ten (10) days of the receipt of this Subpoena: Amanda J. Ross, Esquire Ashley Long, Esquire Henderson, Franklin, Starnes & Holt, P.A. Morgan & Morgan, P.A. 1715 Monroe Street 2222 South Tamiami Trail Fort Myers, FL 33901 Sarasota, FL 34239 239-344-1249 941-366-1790 and at that time and place have with you the following: any and all medical, radiology, and billing records or reports, office notes, nurse’s notes, appointment cards, x-ray reports, radiology films, clinical reports, questionnaire or patient information forms, ledgers, invoices, billing statements showing total amount of bill paid and by whom, correspondence, reports or correspondence prepared for attorneys by witness or received from attorneys, every written piece of paper included within the patient's chart, including a copy of any notations on the file jacket, etc., and ail other tangible items pertaining to the diagnosis, care, treatment and/or examination by the witness, or any other health provider that are in the possession of the witness, regarding patient DEBRA LAPOSA, DOB: » SSN: All records should be all inclusive of any care and treatment ever provided, and should in no way be limited to one incident. PLEASE. NOTE: Rule 1.351, Florida Rules of Civil Procedure, provides that a medical provider who receives a subpoena for recerds “may condition the preparation of copies on the payment in advance of the reasonable cost of preparing the copies." Rule 1.410, Florida Rules of Civil Procedure, requires a party who served a subpoena to pay only the “reasonable cost” of the production of books, papers, documents, or tangible things. If the cost of reproduction of your records will exceed $50.00, you MUST first seek pre-approval from our office — our firm will not be responsible for charges in excess of $50.00 unless pre-approval was given. To obtain pre- approval, please contact our office at (239) 344-1251 and speak with Paralegal Karen L. Dopkins.sw#i+eeDLEASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS***** THESE ITEMS WILL BE inspected and may be copied ai that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena below as well as to the offices of Ashley Long, Esquire, of Morgan & Morgan, P.A., 2222 South Tamiami Trail, Sarasota, FL 34239 on or before the scheduled date of production (with a bill included to each office for the reasonable cost of copying the records.) If the cost of reproduction exceeds $50.00, please contact our office at (239) 344-4254 for approval. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance al the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. IF YOU FAIL TO: (1) appear as specified; or (2) furnish the records instead of appearing as provided above: or (3) object to this subpoena, YOU MAY BE IN CONTEMPT OF COURT. You are subpoenaed by the following attorney and unless excused from this subpoena by this attorney or the Court, you shall respond to this subpoena as directed. This subpoena shall expire ninety (90) days from the date of execution. HIPAA Certificate: This certifies that this subpoena has been issued in compliance with the Health insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-901 and 45 CFR 164.512(e)(1)(ii) as this subpoena has been issued pursuant to Rules 1.410 and 1.310, Fia.R.Civ.P. The Party issuing this subpoena has made a good faith attempt to provide written notice to the Plaintiff/Patient listed above by sending his/her attorney a notice of the taking of this deposition for which this subpoena has been issued and which included sufficient information about the litigation to permit the Plaintiff/Patient to raise an objection to the court or administrative tribunal. The Plaintiff/Patient 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. DATED:_07/27/2020 AMANDA J. ROSS, ESQ. For the Court By: /el Panda Y. Rose Attorneys for Defendant ~ Walmart Stores East, LP Henderson, Franklin, Starnes & Holt, P.A. Post Office Box 280 Fort Myers, Florida 33902-0280 239.344.1251 (phone) 239.344.1497 (facsimile) Florida Bar No. 598666 #2391826