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Filing # 110218685 E-Filed 07/14/2020 02:49:27 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintiff,
v. Case No. 2020-100-CA
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and RYAN BARBER, Store
Manager,
Defendants.
DEFENDANT', WALMART STORES EAST, L.P.’S NOTICE OF
PRODUCTION FROM NON-PARTIES
YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service
hereof, if no objection is received from any party, the undersigned will issue or apply to
the Clerk of this Court for issuance of the attached Subpoenas directed to the following
non-parties, to produce the items listed at the time and place specified in the Subpoena.
1. Florida Ear and Sinus Center
Ear, Nose & Throat Specialist of FL
Adult & Pediatric Allergy & Asthma
Buena Vista Urgent Care
AdventHealth Centra Care
oa a F Ye N
United HealthCare.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that | electronically filed the foregoing with the Clerk of
Court using the E-Filing Portal System which will send a notice of electronic filing to the
following:Ashley Long, Esquire
Morgan & Morgan, P.A.
2222 South Tamiami Trail
Sarasota, FL 34239
Telephone: 941.366.1790
Facsimile: 941.366.6063
along@forthepeople.com
Attorneys for Plaintiff
this 14!" day of July, 2020.
#2391823
HENDERSON, FRANKLIN, STARNES & HOLT, P.A.
Attorneys for Defendant, Walmart Stores East, LP
Post Office Box 280
1715 Monroe Street
Fort Myers, FL 33902-0280
Telephone: 239.344.1249
Facsimile: 239.344.1542
By: slAmanda J. Row
AMANDA J. ROSS, ESQUIRE
Florida Bar No. 598666
amanda.ross@henlaw.com
tracey.salerno@henlaw.com
MADISON P. ALLEN, ESQUIRE
Florida Bar No. 1011247
madison.allen@henlaw.com
susan.peters@henlaw.comIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintiff,
v. Case No. 2020-100-CA
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and RYAN BARBER, Store
Manager,
Defendants.
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA, TO:
Medical Records Custodian
Florida Ear and Sinus Center
1901 Floyd Street
Sarasota, FL 34239
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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS******
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 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) 344-1251 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 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 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, Fla.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:
AMANDA J. ROSS, ESQ.
For the Court
By: DRAFT
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
#2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintiff,
v. Case No. 2020-100-CA
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and RYAN BARBER, Store
Manager,
Defendants.
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA, TO:
Medical Records Custodian
Ear, Nose & Throat Specialist of FL
1419 Viscaya Parkway
Cape Coral, FL 33990
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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS******
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 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) 344-1251 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 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 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, Fla.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:
AMANDA J. ROSS, ESQ.
For the Court
By: DRAFT
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
#2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintiff,
v. Case No. 2020-100-CA
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and RYAN BARBER, Store
Manager,
Defendants.
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA, TO:
Medical Records Custodian
Adult & Pediatric Allergy & Asthma
2684 Swamp Cabbage Ct.
Fort Myers, FL 33901
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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS******
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 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) 344-1251 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 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 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, Fla.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:
AMANDA J. ROSS, ESQ.
For the Court
By: DRAFT
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
#2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintiff,
v. Case No. 2020-100-CA
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and RYAN BARBER, Store
Manager,
Defendants.
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA, TO:
Medical Records Custodian
Buena Vista Urgent Care
8216 World Center Drive
Orlando, FL 32821-5400
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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS******
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 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) 344-1251 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 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 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, Fla.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:
AMANDA J. ROSS, ESQ.
For the Court
By: DRAFT
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
#2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintiff,
v. Case No. 2020-100-CA
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and RYAN BARBER, Store
Manager,
Defendants.
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA, TO:
Medical Records Custodian
AdventHealth Centra Care
12500 S. Apopka Vineland Road
Orlando, FL 32836
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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS******
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 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) 344-1251 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 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 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, Fla.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:
AMANDA J. ROSS, ESQ.
For the Court
By: DRAFT
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
#2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintiff,
v. Case No. 2020-100-CA
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and RYAN BARBER, Store
Manager,
Defendants.
/
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
THE STATE OF FLORIDA, TO:
Insurance Records Custodian
United HealthCare
c/o Chief Financial Officer
200 E. Gaines Street
Tallahassee, FL 32399
Membership ID: XXXXXXXX-XX
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: Full and complete insurance file for any and all
insurance policies and/or insurance claims made by or on behalf of DEBRA LAPOSA, DOB:
XX/XX/XXXX, SSN: Xxx-xx-xxxx including, but not limited to, any and all applications for coverage,
applications for benefits, correspondence, memoranda, IME and other medical reports/records, medical
bills, PIP ledgers, PIP payment logs, etc. All records should be all inclusive with no omissions.
PLEASE NOTE: Rule 1.351, Florida Rules of Civil Procedure, provides that a medical
provider who receives a subpoena for records “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.
wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS******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 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) 344-1251 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 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 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, Fla.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:
AMANDA J. ROSS, ESQ.
For the Court
By: DRAFT
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 # 110218685 E-Filed 07/14/2020 02:49:27 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintiff, v. Case No. 2020-100-CA WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and RYAN BARBER, Store Manager, Defendants. DEFENDANT', WALMART STORES EAST, L.P.’S NOTICE OF PRODUCTION FROM NON-PARTIES YOU ARE HEREBY NOTIFIED that after ten (10) days from the date of service hereof, if no objection is received from any party, the undersigned will issue or apply to the Clerk of this Court for issuance of the attached Subpoenas directed to the following non-parties, to produce the items listed at the time and place specified in the Subpoena. 1. Florida Ear and Sinus Center Ear, Nose & Throat Specialist of FL Adult & Pediatric Allergy & Asthma Buena Vista Urgent Care AdventHealth Centra Care oa a F Ye N United HealthCare. CERTIFICATE OF SERVICE | HEREBY CERTIFY that | electronically filed the foregoing with the Clerk of Court using the E-Filing Portal System which will send a notice of electronic filing to the following:Ashley Long, Esquire Morgan & Morgan, P.A. 2222 South Tamiami Trail Sarasota, FL 34239 Telephone: 941.366.1790 Facsimile: 941.366.6063 along@forthepeople.com Attorneys for Plaintiff this 14!" day of July, 2020. #2391823 HENDERSON, FRANKLIN, STARNES & HOLT, P.A. Attorneys for Defendant, Walmart Stores East, LP Post Office Box 280 1715 Monroe Street Fort Myers, FL 33902-0280 Telephone: 239.344.1249 Facsimile: 239.344.1542 By: slAmanda J. Row AMANDA J. ROSS, ESQUIRE Florida Bar No. 598666 amanda.ross@henlaw.com tracey.salerno@henlaw.com MADISON P. ALLEN, ESQUIRE Florida Bar No. 1011247 madison.allen@henlaw.com susan.peters@henlaw.comIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintiff, v. Case No. 2020-100-CA WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and RYAN BARBER, Store Manager, Defendants. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA, TO: Medical Records Custodian Florida Ear and Sinus Center 1901 Floyd Street Sarasota, FL 34239 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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS****** 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 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) 344-1251 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 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 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, Fla.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: AMANDA J. ROSS, ESQ. For the Court By: DRAFT 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 #2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintiff, v. Case No. 2020-100-CA WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and RYAN BARBER, Store Manager, Defendants. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA, TO: Medical Records Custodian Ear, Nose & Throat Specialist of FL 1419 Viscaya Parkway Cape Coral, FL 33990 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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS****** 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 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) 344-1251 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 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 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, Fla.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: AMANDA J. ROSS, ESQ. For the Court By: DRAFT 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 #2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintiff, v. Case No. 2020-100-CA WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and RYAN BARBER, Store Manager, Defendants. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA, TO: Medical Records Custodian Adult & Pediatric Allergy & Asthma 2684 Swamp Cabbage Ct. Fort Myers, FL 33901 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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS****** 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 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) 344-1251 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 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 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, Fla.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: AMANDA J. ROSS, ESQ. For the Court By: DRAFT 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 #2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintiff, v. Case No. 2020-100-CA WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and RYAN BARBER, Store Manager, Defendants. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA, TO: Medical Records Custodian Buena Vista Urgent Care 8216 World Center Drive Orlando, FL 32821-5400 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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS****** 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 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) 344-1251 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 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 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, Fla.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: AMANDA J. ROSS, ESQ. For the Court By: DRAFT 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 #2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintiff, v. Case No. 2020-100-CA WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and RYAN BARBER, Store Manager, Defendants. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA, TO: Medical Records Custodian AdventHealth Centra Care 12500 S. Apopka Vineland Road Orlando, FL 32836 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 all 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: XX/XX/XXXX, SSN: Xxx-xx-xxxx. 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 records “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.wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS****** 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 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) 344-1251 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 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 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, Fla.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: AMANDA J. ROSS, ESQ. For the Court By: DRAFT 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 #2391826IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintiff, v. Case No. 2020-100-CA WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and RYAN BARBER, Store Manager, Defendants. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA, TO: Insurance Records Custodian United HealthCare c/o Chief Financial Officer 200 E. Gaines Street Tallahassee, FL 32399 Membership ID: XXXXXXXX-XX 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: Full and complete insurance file for any and all insurance policies and/or insurance claims made by or on behalf of DEBRA LAPOSA, DOB: XX/XX/XXXX, SSN: Xxx-xx-xxxx including, but not limited to, any and all applications for coverage, applications for benefits, correspondence, memoranda, IME and other medical reports/records, medical bills, PIP ledgers, PIP payment logs, etc. All records should be all inclusive with no omissions. PLEASE NOTE: Rule 1.351, Florida Rules of Civil Procedure, provides that a medical provider who receives a subpoena for records “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. wee EASE ATTACH A COPY OF THIS SUBPOENA TO YOUR RECORDS******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 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) 344-1251 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 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 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, Fla.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: AMANDA J. ROSS, ESQ. For the Court By: DRAFT 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