Preview
Filing # 28227489 E-Filed 06/08/2015 04:48:16 PM
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 05-1408 CA (06)
BILLY L. BOOTH,
Plaintiff,
vs.
TENET HEALTH SYSTEM
NORTH SHORE, INC. d/b/a
NORTH SHORE MEDICAL
CENTER, a Delaware corporation,
and ERICK SANCHEZ, an
individual; SOUTHERN WINDS
HOSITAL, a Florida business
entity; WESTCHESTER
MEDICAL CENTER, INC., a
Florida corporation; and SAMUEL
KONELL, an individual.
Defendants.
/
DEFENDANT, NORTH SHORE MEDICAL CENTER’S RESPONSE TO
PLAINTIFF’S MOTION FOR ENLARGEMENT OF TIME WITH
RESPECT TO THE AGREED ORDER DATED JUNE 4, 2015
Defendant, NORTH SHORE MEDICAL CENTER, by and through their
undersigned counsel, files its response to Plaintiff's Motion for Enlargement of
Time with respect to the Agreed Order dated June 4, 2015, and as grounds for the
foregoing would state as follows:
908846Case No.: 05-1408 CA (06)
In early March, 2015, the Defendant propounded expert discovery to the
Plaintiff and began requesting dates upon which to depose Plaintiff's
experts. Rather than respond to the expert discovery and request for
deposition dates, the Plaintiff sought multiple extensions of time to respond.
When the Plaintiff failed to provide a date certain for the responses, the
Defendant filed a detailed Motion to Compel production of the overdue
discovery and dates upon which to depose the Plaintiff's experts. A copy of
that Motion is attached as composite exhibit “A.”
The Defendant scheduled its Motion for hearing. The day before the hearing,
the Plaintiff agreed to the entry of an agreed order whereby the Plaintiff
would provide responses to the expert discovery on or before June 5, 2015.
The Plaintiff also agreed to produce his expert witnesses for deposition
before the end of June, 2015. Several dates were provided to the Plaintiff for
purposes of those depositions. Attached as composite exhibit “B” are emails
from the Defendant’s attorney to the Plaintiff’s attorney confirming same.
As a consequence of the Plaintiff's agreement to comply with these time
deadlines, an agreed order was submitted to the Court. A copy of that orderCase No.: 05-1408 CA (06)
is attached hereto as exhibit “C.” While the order reflects a signature dated
June 4, 2015, the Plaintiff had notice of the order as early as May 27, 2015.
On June 5, 2015, the date that the Plaintiff agreed to provide the now three
(3) month old and overdue, expert discovery, the Plaintiffs attorney wrote to
the Defendant advising that same would not be produced in a timely manner.
The Plaintiff set forth that his client had been in an inpatient facility and
could not sign a Jurat page for the Expert Witness Interrogatories. In
response, counsel for the Defendant simply asked that the answers be
provided unverified with a verification page submitted at a later time. See
composite exhibit “D.”
Rather than submit the unverified answers in an effort to comply with the
Court’s Agreed Order, the Plaintiff instead filed a Third Motion for
Enlargement of Time to respond to the discovery. See composite Exhibit
“Rn”
To date, the Plaintiff has failed to provide the answers to expert discovery
and to provide dates upon which to depose his expert witnesses. The
Plaintiffs failure to comply with Court’s Order and the Defendant’s need toCase No.: 05-1408 CA (06)
move to compel compliance merits an award of attorney’s fees and costs and
consideration of sanctions against the Plaintiff.
8. In addition to awarding the Defendant its costs and fees in the continuous
pursuit of this discovery, the Defendant would request that the Court strike
the Plaintiffs expert witnesses. It is obvious that the Plaintiff has no
intention of complying with the Court’s Order regarding expert witness
discovery, to the prejudice of the Defendant.
WHEREFORE, the Defendant, NORTH SHORE MEDICAL CENTER,
respectfully requests this Honorable Court enter an Award of fees and costs against
the Plaintiff, strike the Plaintiffs expert witnesses or, in the alternative compel the
Plaintiff to respond to all outstanding expert discovery within twenty four (24)
hours of the hearing on this matter, and, to produce all experts for witnesses for
deposition in accordance with the Court’s previous Order.Case No.: 05-1408 CA (06)
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the attorneys listed on the
attached service list, by e-mail, on June 8, 2015.
FALK, WAAS, HERNANDEZ, CORTINA,
SOLOMON & BONNER, P.A.
Attorneys for Defendant, North Shore
135 San Lorenzo Avenue, Suite 500
Coral Gables, FL 33146
Telephone: (305) 447-6500
Facsimile: (305) 447-1777
By: Is/
Scott L. Mendlestein
Florida Bar No.: 187828Case No
SERVICE LIST
Booth v. North Shore Medical Center
Kevin H. Fabrikant, Esq. — via e-mail
Fabrikant & Hernandez, P.A.
1909 Tyler Street
Suite 416
Hollywood, FL 33020
Telephone: (954) 966-0881
Facsimile: (954) 966-0886
Kevinf@lawfh.com
StephanieT@lawfh.com
Attorneys for Plaintiff, Billy Booth
Erick Sanchez — via U.S. mail
6095 West 19 Avenue
#304
Hialeah, FL 33014
Pro-se Co-Defendant, Erick Sanchez
: 05-1408 CA (06)Filing # 26713006 E-Filed 04/30/2015 09:04:22 AM
IN THE CIRCUIT COURT OP THE LITH MUDICIAL CIRCUIT IN AND POR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 05-1408 CA (06)
BILLY L, BOOTH,
Plaintiff,
VS.
TENET HEALTH SYSTEM
NORTH SHORE, INC. d/b/a
NORTH SHORE MEDICAL
CENTER, a Delaware corporation,
and ERICK SANCHEZ, an
individual; SOUTHERN WINDS
HOSITTAL, a Florida business
entity; WESTCHESTER
MEDICAL CENTER, INC., a
Florida corporatio
KONELL, an individual.
Defendants.
DEFENDANT, NORTH SHORE MEDICAL CENTER’S
MOTION TO COMPEL
Defendant, NORTH SHORE MEDICAL CENTER, by and through their
undersigned counsel, files this Motion to Compel and as grounds for the foregoing
would state as follows:
FALK, W:
Lure
Olas Bly
8, HERNANDEZ, CORTINA, SOLOMON, & BONER, PAL
Suite 300, € 46 Phone
fee 1006, Fare d fe BLOT PhoneCase No.: 05-1408 CA (06)
This matter has been specially set for trial for two weeks commencing
October 13, 2015.
On March 3, 2015, NORTH SHORE propounded expert witness
interrogatories to the Plaintiff after this case was noticed for trial.
On March 27, 2015, the Plaintiff filed his expert witness disclosure.
The Plaintiff sought a 20 day extension of time to respond to NORTH
SHORE’s expert witness interrogatories. That request was granted by
NORTH SHORE. 20 days thereafter, the Plaintiff filed a motion for a
second extension of time to answer the expert witness interrogatories.
NORTH SHORE has repeatedly inquired of the Plaintiff as to how long of
an extension of time is needed to respond. The Plaintiff has failed to advise
NORTH SHORE of same. The Plaintiff has likewise failed to seek the entry
of an Order from this Court affording a time-specific extension.
Similarly, after the Plaintiff disclosed his expert witnesses, NORTH SHORE
wrote to the Plaintiff on at least four occasions to request dates upon which
to depose the Plaintiff's expert witnesses. As of the date of the filing of this
motion, the Plaintiff has never responded to any of those requests. NORTH
Fak, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, P.A.
135 San Lorenzo Avenue, Suite 500, Coral Gable: 33146 Phone 305.447.6500 Fax 305.447.1777
515 East Las Olas Blvd., Suite 1000, Fort Lauderdale, FL. 33301 Phone 954.334.0230 Fax 954.763.6331Case No.: 05-1408 CA (06)
SHORE has also made multiple written requests to the Plaintiff requesting
copies of the Plaintiff's experts’ C.V.s, without response.
NORTH SHORE is need of the discovery referenced above in order to
prepare this case for trial. The Plaintiff's failure to respond to NORTH
SHORE’s multiple requests to resolve these issues without the need for the
Court’s intervention is inexcusable.
NORTH SHORE requests that the Court compel the Plaintiff to provide: (1)
answers to expert witness interrogatories; (2) dates upon which to depose the
Plaintiff's expert witnesses; and, (3) copies of the Plaintiff's experts’ C.V.s
within 10 days.
WHEREFORE, the Defendant, NORTH SHORE MEDICAL CENTER,
respectfully requests this Honorable Court enter an Order granting its
Motion to Compel, and for such other and further relief deemed just, proper
and necessary under the circumstances.
FALK, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, P.A.
135 San Lorenzo Avenue, Suite 500, Coral Gables, FL 33146 Phone 305.447.6300 Fax 30 7
515 Ease Las Olas Blvd., Suite 1000, Fore Lauderdale, FL 33301 Phone 954.334.0230 Fax 954, 763.6331Case No.: 05-1408 CA (06)
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the attorneys listed on the
attached service list, by e-mail, on April 30, 2015.
FALK, WAAS, HERNANDEZ, CORTINA,
SOLOMON & BONNER, P.A.
Attorneys for Defendant, North Shore
135 San Lorenzo Avenue, Suite 500
Coral Gables, FL 33146
Telephone: (305) 447-6500
Facsimile: (305) 447-1777
By: /s/
Scott L. Mendlestein
Florida Bar No.: 187828
FAL, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, P.A.
135 San Lorenzo Avenue, Suite 500, Coral Gables, 146 Phone 305,.447,6300 Fax 305.447.1777
515 East Las Olas Blvd. Suite 1000, Fort Lauderdale, FL 33301 | Phone 954.334.0230 Fax 954.763.6331Case No
SERVICE LIST
Booth v. North Shore Medical Center
Kevin H. Fabrikant, Esq. — via e-mail
Fabrikant & Hernandez, P.A.
1909 Tyler Street
Suite 416
Hollywood, FL 33020
Telephone: (954) 966-0881
Facsimile: (954) 966-0886
Kevinf@lawfh.com
StephanieT@lawth.com
Attorneys for Plaintiff, Billy Booth
Erick Sanchez — via U.S. mail
6095 West 19 Avenue
#304
Hialeah, FL 33014
Pro-se Co-Defendant, Erick Sanchez
.: 05-1408 CA (06)
135
515 East Las Olas Blvd, Suite 1000, Fort Lauderdale, FL 33301 Phone 954.334.0230 Fax
FaLK, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, P.A.
Lorenzo Avenue, Suite 500, Coral Gables, FL 33146 Phone 305.447.6500 F:Mendlestein, Scott
Frore: Kavin H Fabrikant
Sent: Tuesday, May 26, 2015 3:48 PM
To: Semino, Mirta
Ce: Mendiastein, Scott; FileRoomy Cuentas, Andrea
Subject: Re: Baath v. N. Shore
Attachments: innaga00Z jpg
Sorry 'm driving hack ta office. Yes, please prepare an agreed order. Thanks.
Kevin H. Fabrikant, Esq.
Law Firm of
Fabrikant & Hernantiez, PA
Wells Fargo Building
1909 Tyler Street
Suite 416
Hollywood, FL 33620
Tel 954.966.0881
Fax 954.966.0886
Gn May 26, 2015, at 3:45 PM, Semino, Mirta <3: falkwaus.crrn> wrote:
Bear Mr. Fabrihant:
Are you agrmaing with Scott’s email below please advise yes ar no?
Thank you,
almagetiil ing»
Fram: Mendiestein, Scatt
Sent: Tuesday, May 26, 2015 2:58 PM
Yo: Kevin H Fabrikant; Semino, Mira
Cex FlleRaom
Subject: RE: Booth v. N. Shore
So you agree to get me the interrogatories by next Friday and year ¢ by the
end of June? if so, | will prepare an agreed order to submit and cancel the hearing.
PALE, WAAS Seott L, Mevuilestein,
¥ LAPIDEZ, £35 San Legenzes dive. Sath
oo ey eye oval Gables, Flocida 33:
CORT IMA. Fwephuae: (AS) 447665
Se MON, Steet Line
& HONNER, PAL Pacsinie
vate a oaieas com,From: Kevin H Fabrikant [1
Sent: Tuesday, May 26, 20
Tox Seming, Mira
Ce: Mendiestein, Scatt; FileRoom
Sabjeck Re: Booth v. N. Shore
Thank you. | will start working on confirming dates and keep you posted.
Kevin H. Fabrikant, Esq.
Law Firm of
Fabrikant & Hernandez, PA
Walls Farge Building
1809 Tyler Street
Suite 446
Hollywoad, FL 33020
Tel 954.966.0881
Fax 994.966.0886
LaF com
On May 26, 2015, at 2:36 PM, Semino, Mirta wrote:
in addition to the datas Scott mentioned. He is alse availahie on 6/15, 6/417 and 6/30.
Thanks
sdraagedOd jogs
From: Mendiestein, Scott
Sent: Tuesday, May 26, 2015 2:13 PM
Yo: Kevin H Fabrikant
Ca: FleRaom; Semine, Mirta
Subject: Re: Booth v. N. Shore
How about that your experts depos will take place by the end of Hine absent
stipulation/agreement of counsel ta extend. You can consider those dates as some that |
aro available for the depos to pass on te your experts. | will also provide additional June
dates.
Sent from my iPhone
Gn May 26, 2015, at 2:02 PM, Kevin H Pabrikant wrote:
Scott,
jam at a doctors appointment but when | get back 1 will work on getting
ok on dates from axperts. But { don’t believe { will get each expert to
agree to which of the dates in your email. | can agree i'm available and
will work to get each expert to confirm if they are availatle during one
of the days you propase and if not, to provide a date as near to that
date as possible.
Kevin H. Fabrikant, Esq.Law Firm of
Fabrikant & Hernandez, PA
Wells Fargo Building
1909 Tyler Street
Suite 416
Hollywood, FL 33020
Tel 954.966.0881
Fax 954.966.0886
On May 26, 2018, at 1:22 PM, Mendiestein, Seott
ar> wrote:
Lam available Jane 19, 22 and 26... intend
to take the depos in person, If yo
the interrogatories (in full) t
and get me the depos for thos
agreed order for tomorrow's
. Jet me knew. thanks.
From: Kevin H Fabrikant [5x
Sant: Tuesday, May 26, 2015 12:
Tor Mendiestein, Scott
Ce: FileRoom
Subject: Re: Booth v. N. Shore
34 Pa
How is your week of June 15? That way we get expert
Rogss done by then and | have time to rake sure all are
available. Oo you Intend to take the out of town danas
by phone? Thanks.
Kevin H. Fabrikant, Esq.
Law Fir of
Fabrikant & Hernandez, PA
Wells Fargo Building
1909 Tyler Street
Suite 446
Hollywood, FL 33020
Tel 954.966.0881
Fax 954.966.0886
On May 28, 2015, at 12:23 PM, Mendlestein, Scott
wrote:
What about Depo dates for your
expertsSent fram my iPhone
On May 26, 2015, at 12:21 PM, Kevin H
Fabrikant wrote:
Scott,
Regarding the expert
interrogatories, we
should have them done
by Friday next week.
Since Billy is out of
town, and we were not
able to reach him fora
while after Kis
deposition, if is more
complicated getting
facts from him and
getting him to sign and
have the document
notarized, We can
submit an agreed order
on this issue. Please
advise, Thank you.
Kevin H. Fabrikant, sq.
Law Firm of
Fabrikant &
Hernandexz, P.A.
Broward:
Wells Fargo Building
1969 Tyler Street
Suite 416
Hollywood, FL 33020
Tel: (954) 966-0884
Fax: (954) 966-0886
» Hollywood » MiamiIN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
BILLY L. BOOTH,,
Plaintiff,
vs.
TENET HEALTH SYSTEM
NORTH SHORE, INC. d/b/a
NORTH SHORE MEDICAL
CENTER, a Delaware corporation,
and ERICK SANCHEZ, an
individual; SOUTHERN WINDS
HOSITAL, a Florida business
entity; WESTCHESTER
MEDICAL CENTER, INC., a
Florida corporation; and SAMUEL
KONELL, an individual.,
Defendants.
AGREED ORDER ON DEFENDANT NORTH SHORE MEDICAL
CIRCUIT CIVIL DIVISION
CASE NO.: 05-1408 CA (06)
CENTER’S MOTION TO COMPEL
THIS CAUSE came before the Court on Defendant, NORTH SHORE
MEDICAL CENTER’S Motion to Compel. The parties being in agreement to the
entry of this Order and the Court otherwise having reviewed the file and bein
fully advised, it is
ORDERED AND ADJUDGED
red
SCASE NO.: 05-1408 CA (06)
1. Plaintiff shall provide complete answers to Defendant’s Expert
Witness Interrogatories on or before June 5, 2015;
2. Plaintiff shall produce his expert witnesses for deposition on mutually
convenient dates before the end of June, 2015.
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on
06/04/15.
No Further Judicial Action Required on THIS MOTION
CLERK TO RECLOSE CASE IF POST JUDGMENT
The parties served with this Order are indicated in the accompanying 11th Circuit email
confirmation which includes all emails provided by the submitter. The movant shall
IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or
hand-delivery, to all parties/counsel of record for whom service is not indicated by the
accompanying 11th Circuit confirmation, and file proof of service with the Clerk of
Court.
Signed original order sent electronically to the Clerk of Courts for filing in the Court file.
Scott L. Mendlestein, Esq.
Kevin H. Fabrikant, Esq.Mendlestein, Scott
none
From: Mendlestain, Scott
Sent: Friday, june 05, 2015 4:03 PM
To: Kevin H Fabrikant
Ce: FileRoom
Subject: Re: Re Booth v, N. Shore
Please send them today unverified and send the verification later. Thank you
Sent from my iPhone
> On Jun 5, 2015, at 3:59 PM, Kevin H Fabrikant
> Scott
> Bill was in a facility until today so we could not get him to finalize with a notary and send
back the answers to the pending interrogatories. My grandfather lives in Fort Meyers and I am
planning to see him next weekend and when there, I will make a stop at Billy and have him sign
and as a notary, { will notarized his answers.
>
> Kevin H. Pabrikant, Esq.
> Law Firm of
> Fabrikant & Hernandez, PA
> Wells Fargo Building
> 1909 Tyler Street
> Suite 416
> Hollywood, FL 33020
> Tel 954.966.0881
> Fax 954.966.0886
> LawFH.cam
>
expla
i “Dp”Filing # 28174252 E-Filed 06/05/2015 09:59:50 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
BILLY L. BOOTH, CASE NO.: 05-1408 CA 06
Plaintiff,
ve
TENET HEALTH SYSTEM NORTH SHORE,
INC., d/b/a NORTH SHORE MEDICAL CENTER,
a Delaware corporation; ERICK SANCHEZ,
Defendants.
/
PLAINTIFF'S MOTION FOR AN ENLARGEMENT OF TIME TO COMPLY
WITH AND FOR RELIEF FROM THE AGREED ORDER ON DEFENDANT
NORTH SHORE MEDICAL CENTER’S MOTION TO COMPEL EXPERT
WITNESS INTERROGATORIES DATED JUNE 4, 2015
Plaintiff, BILLY L. BOOTH, by and through their undersigned counsel
hereby file this Motion for an Enlargement of Time to Comply with and for
Relief from the Agreed Order on Defendant North Shore Medical Center's
Motion to Compel Expert Witness Interrogatories Dated June 4, 2015, and in
support thereof state:
1. The Court entered its Agreed Order on Defendant’s Motion to Compel
on June 4, 2015, (hereinafter “Motion to Compel” (Order is attached as Exhibit
“A”
2. The Agreed Order states Plaintiff shall provide complete answers to
Defendant’s Expert Witness Interrogatories on or before June 5, 2015 and
Plaintiff shall produce his expert witnesses for deposition on mutually
convenient dates before the end of June, 2015.
FABRIKANT & HERNANDEZ, P.A,
954.986.0881 /954. 968.0886Booth v. North Shore
Page 2 of 3
3. Plaintiff has been in inpatient care.
4. Plaintiff was released from physician’s in-patient care on this date.
5. Plaintiff has no car, does not drive, and has had limited means of
transportation to review interrogatory answers or to get them notarized.
6. It has been difficult to get in touch with Plaintiff in order to get him to
sign the jurat page and complete outstanding interrogatories as he has limited
resources at this time. Plaintiff lives in Ft. Myers but Plaintiff's Counsel plans
be in Ft. Myers next weekend to visit family. He plans to personally meet with
Plaintiff and have him complete the interrogatories and as a notary, to notarize
them.
7. Accordingly, Plaintiff needs additional time to complete the responses
due and serve them in compliance with the subject Order.
8. This Motion is filed in good faith and without dilatory intent.
WHEREFORE, Plaintiff, BILLY L. BOOTH, respectfully request that this
Honorable Court enter an order enlarging the time that Plaintiff has to comply
with the Agreed Order to Compel Answers to Expert Witness Interrogatories
until Tuesday, June 16, 2015, and any other relief this Honorable Court deems
just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
sent this 5th day of June, 2015, via email to Scott Mendlestein, Esq.,
smendlestein@falkwaas.com and via U.S. Mail to Erick Sanchez, 6095 West 19
Avenue, Apt. 304, Hialeah, FL 33014.
FABRIKANT & HERNANDEZ, P.A.
954.966.0881 /954.966.0886Booth v. North Shore
Page 3 of 3
RESPECTFULLY SUBMITTED,
Kevin H. Fabrikant, Esq.
Fabrikant & Hernandez, P.A.
1909 Tyler Street
Suite 416
Hollywood, FL 33020
Tel (954) 966-0881
Fax (954) 966-0886
Kevinf@lawfh.com
BY: /s/ Kevin H. Fabrikant
KEVIN H. FABRIKANT, ESQ.
Florida Bar No.: 0170070
FABRIKANT & HERNANDEZ, P.A.
954.966.0881 /954.966.0886
Preview
Filing # 28227489 E-Filed 06/08/2015 04:48:16 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 05-1408 CA (06) BILLY L. BOOTH, Plaintiff, vs. TENET HEALTH SYSTEM NORTH SHORE, INC. d/b/a NORTH SHORE MEDICAL CENTER, a Delaware corporation, and ERICK SANCHEZ, an individual; SOUTHERN WINDS HOSITAL, a Florida business entity; WESTCHESTER MEDICAL CENTER, INC., a Florida corporation; and SAMUEL KONELL, an individual. Defendants. / DEFENDANT, NORTH SHORE MEDICAL CENTER’S RESPONSE TO PLAINTIFF’S MOTION FOR ENLARGEMENT OF TIME WITH RESPECT TO THE AGREED ORDER DATED JUNE 4, 2015 Defendant, NORTH SHORE MEDICAL CENTER, by and through their undersigned counsel, files its response to Plaintiff's Motion for Enlargement of Time with respect to the Agreed Order dated June 4, 2015, and as grounds for the foregoing would state as follows: 908846Case No.: 05-1408 CA (06) In early March, 2015, the Defendant propounded expert discovery to the Plaintiff and began requesting dates upon which to depose Plaintiff's experts. Rather than respond to the expert discovery and request for deposition dates, the Plaintiff sought multiple extensions of time to respond. When the Plaintiff failed to provide a date certain for the responses, the Defendant filed a detailed Motion to Compel production of the overdue discovery and dates upon which to depose the Plaintiff's experts. A copy of that Motion is attached as composite exhibit “A.” The Defendant scheduled its Motion for hearing. The day before the hearing, the Plaintiff agreed to the entry of an agreed order whereby the Plaintiff would provide responses to the expert discovery on or before June 5, 2015. The Plaintiff also agreed to produce his expert witnesses for deposition before the end of June, 2015. Several dates were provided to the Plaintiff for purposes of those depositions. Attached as composite exhibit “B” are emails from the Defendant’s attorney to the Plaintiff’s attorney confirming same. As a consequence of the Plaintiff's agreement to comply with these time deadlines, an agreed order was submitted to the Court. A copy of that orderCase No.: 05-1408 CA (06) is attached hereto as exhibit “C.” While the order reflects a signature dated June 4, 2015, the Plaintiff had notice of the order as early as May 27, 2015. On June 5, 2015, the date that the Plaintiff agreed to provide the now three (3) month old and overdue, expert discovery, the Plaintiffs attorney wrote to the Defendant advising that same would not be produced in a timely manner. The Plaintiff set forth that his client had been in an inpatient facility and could not sign a Jurat page for the Expert Witness Interrogatories. In response, counsel for the Defendant simply asked that the answers be provided unverified with a verification page submitted at a later time. See composite exhibit “D.” Rather than submit the unverified answers in an effort to comply with the Court’s Agreed Order, the Plaintiff instead filed a Third Motion for Enlargement of Time to respond to the discovery. See composite Exhibit “Rn” To date, the Plaintiff has failed to provide the answers to expert discovery and to provide dates upon which to depose his expert witnesses. The Plaintiffs failure to comply with Court’s Order and the Defendant’s need toCase No.: 05-1408 CA (06) move to compel compliance merits an award of attorney’s fees and costs and consideration of sanctions against the Plaintiff. 8. In addition to awarding the Defendant its costs and fees in the continuous pursuit of this discovery, the Defendant would request that the Court strike the Plaintiffs expert witnesses. It is obvious that the Plaintiff has no intention of complying with the Court’s Order regarding expert witness discovery, to the prejudice of the Defendant. WHEREFORE, the Defendant, NORTH SHORE MEDICAL CENTER, respectfully requests this Honorable Court enter an Award of fees and costs against the Plaintiff, strike the Plaintiffs expert witnesses or, in the alternative compel the Plaintiff to respond to all outstanding expert discovery within twenty four (24) hours of the hearing on this matter, and, to produce all experts for witnesses for deposition in accordance with the Court’s previous Order.Case No.: 05-1408 CA (06) CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the attorneys listed on the attached service list, by e-mail, on June 8, 2015. FALK, WAAS, HERNANDEZ, CORTINA, SOLOMON & BONNER, P.A. Attorneys for Defendant, North Shore 135 San Lorenzo Avenue, Suite 500 Coral Gables, FL 33146 Telephone: (305) 447-6500 Facsimile: (305) 447-1777 By: Is/ Scott L. Mendlestein Florida Bar No.: 187828Case No SERVICE LIST Booth v. North Shore Medical Center Kevin H. Fabrikant, Esq. — via e-mail Fabrikant & Hernandez, P.A. 1909 Tyler Street Suite 416 Hollywood, FL 33020 Telephone: (954) 966-0881 Facsimile: (954) 966-0886 Kevinf@lawfh.com StephanieT@lawfh.com Attorneys for Plaintiff, Billy Booth Erick Sanchez — via U.S. mail 6095 West 19 Avenue #304 Hialeah, FL 33014 Pro-se Co-Defendant, Erick Sanchez : 05-1408 CA (06)Filing # 26713006 E-Filed 04/30/2015 09:04:22 AM IN THE CIRCUIT COURT OP THE LITH MUDICIAL CIRCUIT IN AND POR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 05-1408 CA (06) BILLY L, BOOTH, Plaintiff, VS. TENET HEALTH SYSTEM NORTH SHORE, INC. d/b/a NORTH SHORE MEDICAL CENTER, a Delaware corporation, and ERICK SANCHEZ, an individual; SOUTHERN WINDS HOSITTAL, a Florida business entity; WESTCHESTER MEDICAL CENTER, INC., a Florida corporatio KONELL, an individual. Defendants. DEFENDANT, NORTH SHORE MEDICAL CENTER’S MOTION TO COMPEL Defendant, NORTH SHORE MEDICAL CENTER, by and through their undersigned counsel, files this Motion to Compel and as grounds for the foregoing would state as follows: FALK, W: Lure Olas Bly 8, HERNANDEZ, CORTINA, SOLOMON, & BONER, PAL Suite 300, € 46 Phone fee 1006, Fare d fe BLOT PhoneCase No.: 05-1408 CA (06) This matter has been specially set for trial for two weeks commencing October 13, 2015. On March 3, 2015, NORTH SHORE propounded expert witness interrogatories to the Plaintiff after this case was noticed for trial. On March 27, 2015, the Plaintiff filed his expert witness disclosure. The Plaintiff sought a 20 day extension of time to respond to NORTH SHORE’s expert witness interrogatories. That request was granted by NORTH SHORE. 20 days thereafter, the Plaintiff filed a motion for a second extension of time to answer the expert witness interrogatories. NORTH SHORE has repeatedly inquired of the Plaintiff as to how long of an extension of time is needed to respond. The Plaintiff has failed to advise NORTH SHORE of same. The Plaintiff has likewise failed to seek the entry of an Order from this Court affording a time-specific extension. Similarly, after the Plaintiff disclosed his expert witnesses, NORTH SHORE wrote to the Plaintiff on at least four occasions to request dates upon which to depose the Plaintiff's expert witnesses. As of the date of the filing of this motion, the Plaintiff has never responded to any of those requests. NORTH Fak, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, P.A. 135 San Lorenzo Avenue, Suite 500, Coral Gable: 33146 Phone 305.447.6500 Fax 305.447.1777 515 East Las Olas Blvd., Suite 1000, Fort Lauderdale, FL. 33301 Phone 954.334.0230 Fax 954.763.6331Case No.: 05-1408 CA (06) SHORE has also made multiple written requests to the Plaintiff requesting copies of the Plaintiff's experts’ C.V.s, without response. NORTH SHORE is need of the discovery referenced above in order to prepare this case for trial. The Plaintiff's failure to respond to NORTH SHORE’s multiple requests to resolve these issues without the need for the Court’s intervention is inexcusable. NORTH SHORE requests that the Court compel the Plaintiff to provide: (1) answers to expert witness interrogatories; (2) dates upon which to depose the Plaintiff's expert witnesses; and, (3) copies of the Plaintiff's experts’ C.V.s within 10 days. WHEREFORE, the Defendant, NORTH SHORE MEDICAL CENTER, respectfully requests this Honorable Court enter an Order granting its Motion to Compel, and for such other and further relief deemed just, proper and necessary under the circumstances. FALK, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, P.A. 135 San Lorenzo Avenue, Suite 500, Coral Gables, FL 33146 Phone 305.447.6300 Fax 30 7 515 Ease Las Olas Blvd., Suite 1000, Fore Lauderdale, FL 33301 Phone 954.334.0230 Fax 954, 763.6331Case No.: 05-1408 CA (06) CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the attorneys listed on the attached service list, by e-mail, on April 30, 2015. FALK, WAAS, HERNANDEZ, CORTINA, SOLOMON & BONNER, P.A. Attorneys for Defendant, North Shore 135 San Lorenzo Avenue, Suite 500 Coral Gables, FL 33146 Telephone: (305) 447-6500 Facsimile: (305) 447-1777 By: /s/ Scott L. Mendlestein Florida Bar No.: 187828 FAL, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, P.A. 135 San Lorenzo Avenue, Suite 500, Coral Gables, 146 Phone 305,.447,6300 Fax 305.447.1777 515 East Las Olas Blvd. Suite 1000, Fort Lauderdale, FL 33301 | Phone 954.334.0230 Fax 954.763.6331Case No SERVICE LIST Booth v. North Shore Medical Center Kevin H. Fabrikant, Esq. — via e-mail Fabrikant & Hernandez, P.A. 1909 Tyler Street Suite 416 Hollywood, FL 33020 Telephone: (954) 966-0881 Facsimile: (954) 966-0886 Kevinf@lawfh.com StephanieT@lawth.com Attorneys for Plaintiff, Billy Booth Erick Sanchez — via U.S. mail 6095 West 19 Avenue #304 Hialeah, FL 33014 Pro-se Co-Defendant, Erick Sanchez .: 05-1408 CA (06) 135 515 East Las Olas Blvd, Suite 1000, Fort Lauderdale, FL 33301 Phone 954.334.0230 Fax FaLK, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, P.A. Lorenzo Avenue, Suite 500, Coral Gables, FL 33146 Phone 305.447.6500 F:Mendlestein, Scott Frore: Kavin H Fabrikant Sent: Tuesday, May 26, 2015 3:48 PM To: Semino, Mirta Ce: Mendiastein, Scott; FileRoomy Cuentas, Andrea Subject: Re: Baath v. N. Shore Attachments: innaga00Z jpg Sorry 'm driving hack ta office. Yes, please prepare an agreed order. Thanks. Kevin H. Fabrikant, Esq. Law Firm of Fabrikant & Hernantiez, PA Wells Fargo Building 1909 Tyler Street Suite 416 Hollywood, FL 33620 Tel 954.966.0881 Fax 954.966.0886 Gn May 26, 2015, at 3:45 PM, Semino, Mirta <3: falkwaus.crrn> wrote: Bear Mr. Fabrihant: Are you agrmaing with Scott’s email below please advise yes ar no? Thank you, almagetiil ing» Fram: Mendiestein, Scatt Sent: Tuesday, May 26, 2015 2:58 PM Yo: Kevin H Fabrikant; Semino, Mira Cex FlleRaom Subject: RE: Booth v. N. Shore So you agree to get me the interrogatories by next Friday and year ¢ by the end of June? if so, | will prepare an agreed order to submit and cancel the hearing. PALE, WAAS Seott L, Mevuilestein, ¥ LAPIDEZ, £35 San Legenzes dive. Sath oo ey eye oval Gables, Flocida 33: CORT IMA. Fwephuae: (AS) 447665 Se MON, Steet Line & HONNER, PAL Pacsinie vate a oaieas com,From: Kevin H Fabrikant [1 Sent: Tuesday, May 26, 20 Tox Seming, Mira Ce: Mendiestein, Scatt; FileRoom Sabjeck Re: Booth v. N. Shore Thank you. | will start working on confirming dates and keep you posted. Kevin H. Fabrikant, Esq. Law Firm of Fabrikant & Hernandez, PA Walls Farge Building 1809 Tyler Street Suite 446 Hollywoad, FL 33020 Tel 954.966.0881 Fax 994.966.0886 LaF com On May 26, 2015, at 2:36 PM, Semino, Mirta wrote: in addition to the datas Scott mentioned. He is alse availahie on 6/15, 6/417 and 6/30. Thanks sdraagedOd jogs From: Mendiestein, Scott Sent: Tuesday, May 26, 2015 2:13 PM Yo: Kevin H Fabrikant Ca: FleRaom; Semine, Mirta Subject: Re: Booth v. N. Shore How about that your experts depos will take place by the end of Hine absent stipulation/agreement of counsel ta extend. You can consider those dates as some that | aro available for the depos to pass on te your experts. | will also provide additional June dates. Sent from my iPhone Gn May 26, 2015, at 2:02 PM, Kevin H Pabrikant wrote: Scott, jam at a doctors appointment but when | get back 1 will work on getting ok on dates from axperts. But { don’t believe { will get each expert to agree to which of the dates in your email. | can agree i'm available and will work to get each expert to confirm if they are availatle during one of the days you propase and if not, to provide a date as near to that date as possible. Kevin H. Fabrikant, Esq.Law Firm of Fabrikant & Hernandez, PA Wells Fargo Building 1909 Tyler Street Suite 416 Hollywood, FL 33020 Tel 954.966.0881 Fax 954.966.0886 On May 26, 2018, at 1:22 PM, Mendiestein, Seott ar> wrote: Lam available Jane 19, 22 and 26... intend to take the depos in person, If yo the interrogatories (in full) t and get me the depos for thos agreed order for tomorrow's . Jet me knew. thanks. From: Kevin H Fabrikant [5x Sant: Tuesday, May 26, 2015 12: Tor Mendiestein, Scott Ce: FileRoom Subject: Re: Booth v. N. Shore 34 Pa How is your week of June 15? That way we get expert Rogss done by then and | have time to rake sure all are available. Oo you Intend to take the out of town danas by phone? Thanks. Kevin H. Fabrikant, Esq. Law Fir of Fabrikant & Hernandez, PA Wells Fargo Building 1909 Tyler Street Suite 446 Hollywood, FL 33020 Tel 954.966.0881 Fax 954.966.0886 On May 28, 2015, at 12:23 PM, Mendlestein, Scott wrote: What about Depo dates for your expertsSent fram my iPhone On May 26, 2015, at 12:21 PM, Kevin H Fabrikant wrote: Scott, Regarding the expert interrogatories, we should have them done by Friday next week. Since Billy is out of town, and we were not able to reach him fora while after Kis deposition, if is more complicated getting facts from him and getting him to sign and have the document notarized, We can submit an agreed order on this issue. Please advise, Thank you. Kevin H. Fabrikant, sq. Law Firm of Fabrikant & Hernandexz, P.A. Broward: Wells Fargo Building 1969 Tyler Street Suite 416 Hollywood, FL 33020 Tel: (954) 966-0884 Fax: (954) 966-0886 » Hollywood » MiamiIN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA BILLY L. BOOTH,, Plaintiff, vs. TENET HEALTH SYSTEM NORTH SHORE, INC. d/b/a NORTH SHORE MEDICAL CENTER, a Delaware corporation, and ERICK SANCHEZ, an individual; SOUTHERN WINDS HOSITAL, a Florida business entity; WESTCHESTER MEDICAL CENTER, INC., a Florida corporation; and SAMUEL KONELL, an individual., Defendants. AGREED ORDER ON DEFENDANT NORTH SHORE MEDICAL CIRCUIT CIVIL DIVISION CASE NO.: 05-1408 CA (06) CENTER’S MOTION TO COMPEL THIS CAUSE came before the Court on Defendant, NORTH SHORE MEDICAL CENTER’S Motion to Compel. The parties being in agreement to the entry of this Order and the Court otherwise having reviewed the file and bein fully advised, it is ORDERED AND ADJUDGED red SCASE NO.: 05-1408 CA (06) 1. Plaintiff shall provide complete answers to Defendant’s Expert Witness Interrogatories on or before June 5, 2015; 2. Plaintiff shall produce his expert witnesses for deposition on mutually convenient dates before the end of June, 2015. DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 06/04/15. No Further Judicial Action Required on THIS MOTION CLERK TO RECLOSE CASE IF POST JUDGMENT The parties served with this Order are indicated in the accompanying 11th Circuit email confirmation which includes all emails provided by the submitter. The movant shall IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or hand-delivery, to all parties/counsel of record for whom service is not indicated by the accompanying 11th Circuit confirmation, and file proof of service with the Clerk of Court. Signed original order sent electronically to the Clerk of Courts for filing in the Court file. Scott L. Mendlestein, Esq. Kevin H. Fabrikant, Esq.Mendlestein, Scott none From: Mendlestain, Scott Sent: Friday, june 05, 2015 4:03 PM To: Kevin H Fabrikant Ce: FileRoom Subject: Re: Re Booth v, N. Shore Please send them today unverified and send the verification later. Thank you Sent from my iPhone > On Jun 5, 2015, at 3:59 PM, Kevin H Fabrikant > Scott > Bill was in a facility until today so we could not get him to finalize with a notary and send back the answers to the pending interrogatories. My grandfather lives in Fort Meyers and I am planning to see him next weekend and when there, I will make a stop at Billy and have him sign and as a notary, { will notarized his answers. > > Kevin H. Pabrikant, Esq. > Law Firm of > Fabrikant & Hernandez, PA > Wells Fargo Building > 1909 Tyler Street > Suite 416 > Hollywood, FL 33020 > Tel 954.966.0881 > Fax 954.966.0886 > LawFH.cam > expla i “Dp”Filing # 28174252 E-Filed 06/05/2015 09:59:50 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA BILLY L. BOOTH, CASE NO.: 05-1408 CA 06 Plaintiff, ve TENET HEALTH SYSTEM NORTH SHORE, INC., d/b/a NORTH SHORE MEDICAL CENTER, a Delaware corporation; ERICK SANCHEZ, Defendants. / PLAINTIFF'S MOTION FOR AN ENLARGEMENT OF TIME TO COMPLY WITH AND FOR RELIEF FROM THE AGREED ORDER ON DEFENDANT NORTH SHORE MEDICAL CENTER’S MOTION TO COMPEL EXPERT WITNESS INTERROGATORIES DATED JUNE 4, 2015 Plaintiff, BILLY L. BOOTH, by and through their undersigned counsel hereby file this Motion for an Enlargement of Time to Comply with and for Relief from the Agreed Order on Defendant North Shore Medical Center's Motion to Compel Expert Witness Interrogatories Dated June 4, 2015, and in support thereof state: 1. The Court entered its Agreed Order on Defendant’s Motion to Compel on June 4, 2015, (hereinafter “Motion to Compel” (Order is attached as Exhibit “A” 2. The Agreed Order states Plaintiff shall provide complete answers to Defendant’s Expert Witness Interrogatories on or before June 5, 2015 and Plaintiff shall produce his expert witnesses for deposition on mutually convenient dates before the end of June, 2015. FABRIKANT & HERNANDEZ, P.A, 954.986.0881 /954. 968.0886Booth v. North Shore Page 2 of 3 3. Plaintiff has been in inpatient care. 4. Plaintiff was released from physician’s in-patient care on this date. 5. Plaintiff has no car, does not drive, and has had limited means of transportation to review interrogatory answers or to get them notarized. 6. It has been difficult to get in touch with Plaintiff in order to get him to sign the jurat page and complete outstanding interrogatories as he has limited resources at this time. Plaintiff lives in Ft. Myers but Plaintiff's Counsel plans be in Ft. Myers next weekend to visit family. He plans to personally meet with Plaintiff and have him complete the interrogatories and as a notary, to notarize them. 7. Accordingly, Plaintiff needs additional time to complete the responses due and serve them in compliance with the subject Order. 8. This Motion is filed in good faith and without dilatory intent. WHEREFORE, Plaintiff, BILLY L. BOOTH, respectfully request that this Honorable Court enter an order enlarging the time that Plaintiff has to comply with the Agreed Order to Compel Answers to Expert Witness Interrogatories until Tuesday, June 16, 2015, and any other relief this Honorable Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent this 5th day of June, 2015, via email to Scott Mendlestein, Esq., smendlestein@falkwaas.com and via U.S. Mail to Erick Sanchez, 6095 West 19 Avenue, Apt. 304, Hialeah, FL 33014. FABRIKANT & HERNANDEZ, P.A. 954.966.0881 /954.966.0886Booth v. North Shore Page 3 of 3 RESPECTFULLY SUBMITTED, Kevin H. Fabrikant, Esq. Fabrikant & Hernandez, P.A. 1909 Tyler Street Suite 416 Hollywood, FL 33020 Tel (954) 966-0881 Fax (954) 966-0886 Kevinf@lawfh.com BY: /s/ Kevin H. Fabrikant KEVIN H. FABRIKANT, ESQ. Florida Bar No.: 0170070 FABRIKANT & HERNANDEZ, P.A. 954.966.0881 /954.966.0886