Preview
Filing # 138574046 E-Filed 11/16/2021 07:43:49 AM
IN THE CIRCUIT COURT OF THE 15" JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA,
Plaintiff,
v.
HOME DEPOT U.S.A., INC., CIVIL DIVISION
Defendant, CASE NO.: 502021CA004483XXXXMB
DIV: AB
/
PLAINTIFF'S OBJECTION TO DEFENDANT’S NOTICE OF PRODUCTION
FROM NON-PARTY AND SUBPOENAS DUCES TECUM DATED NOVEMBER 10, 2021
COMES NOW, the Plaintiff, Enrique Hernandez Vera, by and through his undersigned
counsel, and hereby file his Objection to Defendant, Home Depot U.S.A., Inc.’s Notice of
Production from Non-Party and the accompanying twenty-one (21) Subpoenas Duces Tecum,
which were emailed to Plaintiff on August 5, 2021. The proposed subpoenas are directed to
twenty-one (21) non-parties outlined on Exhibit “A,” which is attached hereto and made a part
hereof.
The Plaintiff hereby objects to the above-mentioned Non-Party Production and twenty-
one (21) proposed subpoenas to be issued, and requests that the subpoenas not be sent out, and
as grounds therefore, states as follows:
1, The subject proposed subpoenas direct the non-party entities to provide records
concerning the Plaintiff to ABI] Document Support Services, with which the Defendant or their
counsel have or may have some type of agreement, which is unknown to the Plaintiff.
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/16/2021 07:43:49 AM ***502021CA004483XXXXMB DIV: AB
2. Florida Rules of Civil Procedure provide that the attorneys are responsible for
providing copies to all other parties requesting such records. However, the Plaintiff nor the
undersigned are a party to any such agreement and should not be subjected to unilateral and
exorbitant charges by a copy service with which Plaintiff has no relationship or agreement.
3. It has been the experience of the undersigned that companies such as ABI
Document Support Services charge rates higher than allowed by Florida Administrative Code Rule
64B8-10.003(2) for copies of a patient’s records. Such practices violate the Florida Deceptive and
Unfair Trade Practices Act (FDUTPA). Webber v. BACTES Imaging Solutions, Inc., n/k/a Sharecare
Health Data Servcies, LLC, 45 Fla. L. Weekly D125a (Fla. 2d DCA January 15, 2020).
4, The compilation of records is at the request of the Defendant and the expense of
which should be borne by the Defendant, and reserved as a taxable cost to the prevailing party
post-verdict or judgment. The Plaintiff's only expense for such copies should be the minimal
actual expense of duplicating the digital copies already obtained and scanned for the Defendant.
5. Further, the copy service is not an attorney and has no ethical or fiduciary duty to
maintain the Plaintiffs privacy pursuant to HIPAA regulations, including the compilation of
records pertaining to Plaintiff/victims in a records bank. The Plaintiff is not a party to any
confidentiality agreement with any company to protect the sensitive nature of the information
being sought.
WHEREFORE, Plaintiff, Enrique Hernandez Vera, hereby demands that the
aforementioned twenty-one (21) Subpoenas Duces Tecum not be served and, pursuant to Florida
Rules of Civil Procedure, the production of such records shall not be had.502021CA004483XXXXMB DIV: AB
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
submitted on this 16" day of November 2021 to: Jennifer Q. Miller, Esq., Frank DeMeo, Esq.,
Hamilton, Miller & Birthisel, LLP; 150 S.E. Second Avenue, Suite 1200 Miami, FL 33131;
jmiller@hamiltonmillerlaw.com; jgarcia@hamiltonmillerlaw.com;
fdemeo@hamiltonmillerlaw.com; gpardo@hamiltonmillerlaw.com.
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiffs
261 N. University Drive,
Suite 700
Plantation, FL 33324
Tel: (305) 661-6000
Fax: (305) 670-7555
Email: jkirby@rubensteinlaw.com
atello@rubensteinlaw.com
eservice@rubensteinlaw.com
By: _/s/ Jordan Kirby
JORDAN KIRBY
Florida Bar No.: 67217EXHIBIT AIN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Anesthesia Services, LLC
2031 Palm Beach Lakes Boulevard, Suite 100
West Palm Beach, FL 33409
(561) 681-9808
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIF_CLIENT
Page 4 Order:6520504-01/ABIF3MYou 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 5 Orderi:6520504-01/ABIF3"2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIF9P2_CLIENT
Page 6 Orderi:6520504-01/ABIF3"3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Associates MD Medical Group/Medical
4780 Davie Road, Suite 104
Davie, FL 33314
(954) 641-5280
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents, records, including but not limited to, the patient's intake sheet, all
office, emergency room, inpatient/outpatient charts and records, and any and all
photographs/pictures in color. Any and all records of payment and /or discount regarding any
medical billing as well as the bills themselves, billing information, including but not limited to
statements, computer printouts, all charges, credits, payments, adjustments and/or write-offs,
and the sources of each, such as all EOBs from any insurance carrier reflecting any and all
credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual
agreements/adjustments, including fees, etc. for professional services including Medicare,
Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all
electronic communications to and from the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIF_CLIENT
Page 7 Orderi:6520504-02/ABIF3MYou 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 8 Orderi:6520504-02/ABIF3"2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIF9P2_CLIENT
Page 9 Orderi:6520504-02/ABIFI"3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Associates MD Medical Group/Radiology
4780 Davie Road, Suite 104
Davie, FL 33314
(954) 399-9941
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
An x-ray breakdown of any and all x-ray films (of which you may be asked to produce copies
of at a later date), to include MRI's, CT scans, myelograms and any other films, documenting
body parts, dates taken and number of films specific and all radiology reports on Enrique
Hernandez Vera, from any and all dates.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 10 Orderi6520504-03/ABIF3™1You 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 11 Orderi.6520504-03/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIFSP2_CLIENT
Page 12 Order#6520504-03/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Atlantic Palm Beach Ambulance
1105 Barnett Drive
Lake Worth, FL 33461
(561) 533-5633
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 13 Order#6520504-04/ABIF3™1You 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 14 (Orderi:6520504-04/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIFSP2_CLIENT
Page 15 Order#6520504-04/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Central Palm Beach Surgery Center
2047 Palm Beach Lakes Boulevard, Suite 200
West Palm Beach, FL 33409
(561) 721-6880
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 16 Order#6520504-05/ABIF3™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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 17 Order#:6520504-05/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIFSP2_CLIENT
Page 18 Orderi.6520504-05/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Diagnostic Centers of America
1572 Palm Beach Lakes Boulevard, Suite 2
West Palm Beach, FL 33401
(561) 496-6935
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 19 Order#6520504-06/ABIF3™1You 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 20 Order#6520504-06/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIFSP2_CLIENT
Page 21 Order#:6520504-06/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Envision Physicians Services
PO Box 80216
Philadelphia, PA 19101
(615) 665-1283
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 22 Orderi.6520504-07/ABIF3™1You 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 23 Orderi-6520504-07/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIFSP2_CLIENT
Page 24 Orderi-6520504-07/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Falk Prosthetics & Orthotics Inc.
2141 Alternate A1A South, Suite 130
Jupiter, FL 33477
(561) 741-0488
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 25 Order#6520504-08/ABIF3™1You 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 26 Order#6520504-08/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIFSP2_CLIENT
Page 27 Order#:6520504-08/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: F.LR.S.T Rehab of West Palm Beach
1920 Palm Beach Lakes Boulevard, Suite 110
West Palm Beach, FL 33409
(561) 688-7911
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 28 Order#6520504-09/ABIF3™1You 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 29 Order#:6520504-09/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIFSP2_CLIENT
Page 30 Order#:6520504-09/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Firstat Nursing Services
5601 Corporate Way, Suite 404
West Palm Beach, FL 33407
(561) 684-9000
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 31 Order#6520504-10/ABIF3™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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 32 Order.6520504-10/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIFSP2_CLIENT
Page 33 Order#6520504-10/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Florida Institute of Rehab & Sports
1920 Palm Beach Lakes Boulevard, Suite 110
West Palm Beach, FL 33409
(561) 688-7911
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 34 (Orderi:6520504-1 VABIF3MYou 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparation of the copies upon the payment in advance of the
reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You
Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support
Services, (407) 330-2728. 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
lppears on this subpoena.
NO ORAL 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 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.
HIPAA DISCLOSURE
I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been
provided to the individual whose documents are sought ("individual" means the Plaintiff in the
above styled matter), that the notice included sufficient information about the litigation or
proceeding to permit the individual to raise an objection to the production of the requested
documents, and that the time to raise an objection has elapsed and no objections were filed in
accordance with CFR Title 45, Subpart E, § 164.512(e)(ii).
Continued on next page
Page 35 Order#6520504-11/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to participate in these proceedings should contact ABI Document Support
Services at (407) 330-2727, no later than 7 days prior to the proceedings.
For the Court
DATED on: November 22, 2021
/S/ Frank DeMeo
Frank DeMeo
Florida Bar No.
Designated e-mail(s) pursuant to
Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A):
Frank DeMeo
Hamilton, Miller & Birthisel LLP
Attorney for Defendant - Home Depot U.S.A., Inc.
c/o ABI Document Support Services
43 Skyline Drive, Suite 2021
Lake Mary, FL 32746
(407) 330-2727
FAX (407) 330-2728
ABIFSP2_CLIENT
Page 36 Order#6520504-11/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA
ENRIQUE HERNANDEZ VERA
Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M
vs. DIVISION:
HOME DEPOT U.S.A., INC.,
Defendant(s).
/
SUBPOENA DUCES TECUM
WITHOUT DEPOSITION
(*Mail-ins Only*)
THE STATE OF FLORIDA:
TO: Integrated Regional Laboratories Path Services
P.O. Box 741087
Atlanta, GA 30374
(954) 777-0211
YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services,
43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00
a.m.:
Any and all documents and records pertaining to care, treatment and examination, including
but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any
and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT
scans taken (of which you may be asked to produce copies of at a later date). Any and all
records of payment and /or discount regarding any medical billing, including but not limited to
statements, computer printouts, letters of protection, all charges, credits, payments,
adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance
carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any
payments and/or contractual agreements/adjustments, including fees, etc. for professional
services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any
and all dates. Including all electronic communications from and to the patient.
PLAINTIFF: Enrique Hernandez Vera
ABIFS_CLIENT
Page 37 Orderi6520504-12/ABIF3™1You 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 Document Retrieval Services whose
name appears on this subpoena on or before the scheduled date of production.
‘ou may condition the preparat
Preview
Filing # 138574046 E-Filed 11/16/2021 07:43:49 AM IN THE CIRCUIT COURT OF THE 15" JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA, Plaintiff, v. HOME DEPOT U.S.A., INC., CIVIL DIVISION Defendant, CASE NO.: 502021CA004483XXXXMB DIV: AB / PLAINTIFF'S OBJECTION TO DEFENDANT’S NOTICE OF PRODUCTION FROM NON-PARTY AND SUBPOENAS DUCES TECUM DATED NOVEMBER 10, 2021 COMES NOW, the Plaintiff, Enrique Hernandez Vera, by and through his undersigned counsel, and hereby file his Objection to Defendant, Home Depot U.S.A., Inc.’s Notice of Production from Non-Party and the accompanying twenty-one (21) Subpoenas Duces Tecum, which were emailed to Plaintiff on August 5, 2021. The proposed subpoenas are directed to twenty-one (21) non-parties outlined on Exhibit “A,” which is attached hereto and made a part hereof. The Plaintiff hereby objects to the above-mentioned Non-Party Production and twenty- one (21) proposed subpoenas to be issued, and requests that the subpoenas not be sent out, and as grounds therefore, states as follows: 1, The subject proposed subpoenas direct the non-party entities to provide records concerning the Plaintiff to ABI] Document Support Services, with which the Defendant or their counsel have or may have some type of agreement, which is unknown to the Plaintiff. '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/16/2021 07:43:49 AM ***502021CA004483XXXXMB DIV: AB 2. Florida Rules of Civil Procedure provide that the attorneys are responsible for providing copies to all other parties requesting such records. However, the Plaintiff nor the undersigned are a party to any such agreement and should not be subjected to unilateral and exorbitant charges by a copy service with which Plaintiff has no relationship or agreement. 3. It has been the experience of the undersigned that companies such as ABI Document Support Services charge rates higher than allowed by Florida Administrative Code Rule 64B8-10.003(2) for copies of a patient’s records. Such practices violate the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Webber v. BACTES Imaging Solutions, Inc., n/k/a Sharecare Health Data Servcies, LLC, 45 Fla. L. Weekly D125a (Fla. 2d DCA January 15, 2020). 4, The compilation of records is at the request of the Defendant and the expense of which should be borne by the Defendant, and reserved as a taxable cost to the prevailing party post-verdict or judgment. The Plaintiff's only expense for such copies should be the minimal actual expense of duplicating the digital copies already obtained and scanned for the Defendant. 5. Further, the copy service is not an attorney and has no ethical or fiduciary duty to maintain the Plaintiffs privacy pursuant to HIPAA regulations, including the compilation of records pertaining to Plaintiff/victims in a records bank. The Plaintiff is not a party to any confidentiality agreement with any company to protect the sensitive nature of the information being sought. WHEREFORE, Plaintiff, Enrique Hernandez Vera, hereby demands that the aforementioned twenty-one (21) Subpoenas Duces Tecum not be served and, pursuant to Florida Rules of Civil Procedure, the production of such records shall not be had.502021CA004483XXXXMB DIV: AB CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was electronically submitted on this 16" day of November 2021 to: Jennifer Q. Miller, Esq., Frank DeMeo, Esq., Hamilton, Miller & Birthisel, LLP; 150 S.E. Second Avenue, Suite 1200 Miami, FL 33131; jmiller@hamiltonmillerlaw.com; jgarcia@hamiltonmillerlaw.com; fdemeo@hamiltonmillerlaw.com; gpardo@hamiltonmillerlaw.com. RUBENSTEIN LAW, P.A. Attorneys for Plaintiffs 261 N. University Drive, Suite 700 Plantation, FL 33324 Tel: (305) 661-6000 Fax: (305) 670-7555 Email: jkirby@rubensteinlaw.com atello@rubensteinlaw.com eservice@rubensteinlaw.com By: _/s/ Jordan Kirby JORDAN KIRBY Florida Bar No.: 67217EXHIBIT AIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Anesthesia Services, LLC 2031 Palm Beach Lakes Boulevard, Suite 100 West Palm Beach, FL 33409 (561) 681-9808 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIF_CLIENT Page 4 Order:6520504-01/ABIF3MYou 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 5 Orderi:6520504-01/ABIF3"2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIF9P2_CLIENT Page 6 Orderi:6520504-01/ABIF3"3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Associates MD Medical Group/Medical 4780 Davie Road, Suite 104 Davie, FL 33314 (954) 641-5280 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents, records, including but not limited to, the patient's intake sheet, all office, emergency room, inpatient/outpatient charts and records, and any and all photographs/pictures in color. Any and all records of payment and /or discount regarding any medical billing as well as the bills themselves, billing information, including but not limited to statements, computer printouts, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications to and from the patient. PLAINTIFF: Enrique Hernandez Vera ABIF_CLIENT Page 7 Orderi:6520504-02/ABIF3MYou 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 8 Orderi:6520504-02/ABIF3"2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIF9P2_CLIENT Page 9 Orderi:6520504-02/ABIFI"3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Associates MD Medical Group/Radiology 4780 Davie Road, Suite 104 Davie, FL 33314 (954) 399-9941 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: An x-ray breakdown of any and all x-ray films (of which you may be asked to produce copies of at a later date), to include MRI's, CT scans, myelograms and any other films, documenting body parts, dates taken and number of films specific and all radiology reports on Enrique Hernandez Vera, from any and all dates. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 10 Orderi6520504-03/ABIF3™1You 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 11 Orderi.6520504-03/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIFSP2_CLIENT Page 12 Order#6520504-03/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Atlantic Palm Beach Ambulance 1105 Barnett Drive Lake Worth, FL 33461 (561) 533-5633 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 13 Order#6520504-04/ABIF3™1You 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 14 (Orderi:6520504-04/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIFSP2_CLIENT Page 15 Order#6520504-04/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Central Palm Beach Surgery Center 2047 Palm Beach Lakes Boulevard, Suite 200 West Palm Beach, FL 33409 (561) 721-6880 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 16 Order#6520504-05/ABIF3™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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 17 Order#:6520504-05/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIFSP2_CLIENT Page 18 Orderi.6520504-05/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Diagnostic Centers of America 1572 Palm Beach Lakes Boulevard, Suite 2 West Palm Beach, FL 33401 (561) 496-6935 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 19 Order#6520504-06/ABIF3™1You 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 20 Order#6520504-06/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIFSP2_CLIENT Page 21 Order#:6520504-06/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Envision Physicians Services PO Box 80216 Philadelphia, PA 19101 (615) 665-1283 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 22 Orderi.6520504-07/ABIF3™1You 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 23 Orderi-6520504-07/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIFSP2_CLIENT Page 24 Orderi-6520504-07/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Falk Prosthetics & Orthotics Inc. 2141 Alternate A1A South, Suite 130 Jupiter, FL 33477 (561) 741-0488 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 25 Order#6520504-08/ABIF3™1You 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 26 Order#6520504-08/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIFSP2_CLIENT Page 27 Order#:6520504-08/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: F.LR.S.T Rehab of West Palm Beach 1920 Palm Beach Lakes Boulevard, Suite 110 West Palm Beach, FL 33409 (561) 688-7911 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 28 Order#6520504-09/ABIF3™1You 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 29 Order#:6520504-09/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIFSP2_CLIENT Page 30 Order#:6520504-09/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Firstat Nursing Services 5601 Corporate Way, Suite 404 West Palm Beach, FL 33407 (561) 684-9000 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 31 Order#6520504-10/ABIF3™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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 32 Order.6520504-10/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIFSP2_CLIENT Page 33 Order#6520504-10/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Florida Institute of Rehab & Sports 1920 Palm Beach Lakes Boulevard, Suite 110 West Palm Beach, FL 33409 (561) 688-7911 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 34 (Orderi:6520504-1 VABIF3MYou 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Prior approval for costs exceeding $100 is required. You Imay fax prepayment request, along with a copy of this subpoena, to ABI Document Support Services, (407) 330-2728. 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 lppears on this subpoena. NO ORAL 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 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. HIPAA DISCLOSURE I HEREBY CERTIFY that in compliance with CFR 164.512(e) written notification has been provided to the individual whose documents are sought ("individual" means the Plaintiff in the above styled matter), that the notice included sufficient information about the litigation or proceeding to permit the individual to raise an objection to the production of the requested documents, and that the time to raise an objection has elapsed and no objections were filed in accordance with CFR Title 45, Subpart E, § 164.512(e)(ii). Continued on next page Page 35 Order#6520504-11/ABIF3°2In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in these proceedings should contact ABI Document Support Services at (407) 330-2727, no later than 7 days prior to the proceedings. For the Court DATED on: November 22, 2021 /S/ Frank DeMeo Frank DeMeo Florida Bar No. Designated e-mail(s) pursuant to Fla. R. Jud. Admin. Rule 2.516 (b) (1) (A): Frank DeMeo Hamilton, Miller & Birthisel LLP Attorney for Defendant - Home Depot U.S.A., Inc. c/o ABI Document Support Services 43 Skyline Drive, Suite 2021 Lake Mary, FL 32746 (407) 330-2727 FAX (407) 330-2728 ABIFSP2_CLIENT Page 36 Order#6520504-11/ABIF3°3IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ENRIQUE HERNANDEZ VERA Plaintiff(s), CASE NO: 50-2021-CA-004483-XXXX-M vs. DIVISION: HOME DEPOT U.S.A., INC., Defendant(s). / SUBPOENA DUCES TECUM WITHOUT DEPOSITION (*Mail-ins Only*) THE STATE OF FLORIDA: TO: Integrated Regional Laboratories Path Services P.O. Box 741087 Atlanta, GA 30374 (954) 777-0211 YOU ARE HEREBY COMMANDED to mail records to ABI Document Support Services, 43 Skyline Drive, Suite 2021, Lake Mary, Florida 32746 by December 13, 2021 @ 9:00 a.m.: Any and all documents and records pertaining to care, treatment and examination, including but not limited to intake sheets, all office, emergency room, inpatient/outpatient charts, any and all photographs/pictures in color, a film breakdown listing all x-ray films, MRI films, CT scans taken (of which you may be asked to produce copies of at a later date). Any and all records of payment and /or discount regarding any medical billing, including but not limited to statements, computer printouts, letters of protection, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to Enrique Hernandez Vera, from any and all dates. Including all electronic communications from and to the patient. PLAINTIFF: Enrique Hernandez Vera ABIFS_CLIENT Page 37 Orderi6520504-12/ABIF3™1You 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 Document Retrieval Services whose name appears on this subpoena on or before the scheduled date of production. ‘ou may condition the preparat