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Filing # 26093510 E-Filed 04/15/2015 08:33:16 AM
TN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CPVIL 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, et al.
Defendants.
JOINT MOTION TO SPECIALLY SET TRIAL AND/OR TO REFER TO
EXTEND/BACK-UP TRIAL DIVISION AND/OR, IN THE ALTERNATIVE,
FOR CASE MANAGEMENT CONFERENCE AND EXTENSION OF
PRETRIAL DEADLINES
The Plaintiff, BILLY BOOTH, and the Defendant NORTH SHORE
MEDICAL CENTER, through respective counsel, file this Joint Motion, stating as
follows:
1. This matter arises out of a male-patient on male-patient sexual
assault/rape that is alleged to have occurred in the Behavioral Health Unit
(psychiatric ward) at Defendant NORTH SHORE MEDICAL CENTER. In
addition to the Plaintiff's claim against NORTH SHORE, the Plaintiff has also
FALK, W. AAS. HERNANDEZ, Cortina, SOL OMON, & & BONNER, PA.CASE NO.: 05-1408 CA (06)
Page 2 of 7
included an intentional tort claim(s) against the alleged perpetrator as part of this
action. The co-Defendant alleged perpetrator is pro se.
2, In compliance with this Court’s Pretrial, Uniform Order and Pretrial
Instructions, the Plaintiff and Defendant NORTH SHORE have filed their
fact/hybrid witness disclosures, as well as, their expert witness disclosures.
3. The Plaintiff and NORTH SHORE have likewise conferred about the
pending trial and related matters. As a threshold matter, given the issues and
circumstances of this case, these parties are of the opinion that jury selection will
take several days and require a jury pool in excess of 50 jurors.
4. Jointly, these parties have listed in excess of 50 witnesses, in addition
to six (6) retained expert witnesses. Of the listed witnesses, it is anticipated that at
least 25 of those witnesses may be called at the time of trial.
5. The Plaintiff and Defendant NORTH SHORE agree that this case will
take, at a minimum, ten (10) trial days, excluding the resolution of motions in
limine.
6. Counsel for these parties have maintained a good, professional
working relationship throughout the course of this litigation. The history of this
litigation has included non-binding arbitration, the addition of parties and an
appeal, in addition to extensive motion practice.
FaLk, WAAS, HERNANDE
Lorenzo Avenue
Corporate Bivd,, §
Z, CORTIN
al Gables, 3460 Phone
Boca Raton, FL 33431 Phone 5
SOLOMON, & BONNER, P.A.CASE NO.: 05-1408 CA (06)
Page 3 of 7
7. In advance of the trial setting, the Plaintiff presented for an update
deposition. During the deposition, counsel for the parties learned that the Plaintiff
has undergone continued, extensive and significant psychiatric and psychological
treatment for both pre-existing conditions and conditions which were allegedly
caused or exacerbated by the incident at issue. This mental health care and
treatment has included regular in-office treatment and multiple voluntary and
involuntary hospitalizations and admissions to dual-diagnosis treatment facilities.
All of this care and treatment has occurred outside of South Florida, in Naples,
Florida; Melbourne, Florida; and, Ft. Myers, Florida.
8. After learning of this development, the Defendant requested, and the
Plaintiff executed, authorizations for the release of this sensitive treatment
information, Despite multiple follow up attempts, to date, none of these
facilities/treaters have provided records to the parties. These records, as well as,
ihe testimony of the associated providers are important to both the prosecution and
the defense of this matter and directly relate to the damage issues in this case.
Without these records/testimony, the parties’ expert witnesses will not be able to
complete their opinions with respect to the issue of damages.
9, Counsel for the Plaintiff has recently undergone significant changes to
his office resulting in the loss of the attorney who was tasked with preparing this
CorTINA, SOLOMON, & Be
bles, FL 33446) Pho: i
2. Boca Raton, FL. 33431 Phone 561.CASE NO.: 05-1408 CA (06)
Page 4 of 7
case for trial. As a result, the Plaintiff has sought, and the Defendant has agreed to,
an extended time for the Plaintiff to respond to expert witness discovery,
Unfortunately, this change has also ied to the Plaintiff to be unable to provide the
Defendant with dates upon which to depose his five retained expert witnesses,
despite Defendant NORTH SHORE’s multiple requests for same.
16. Counsel for the Plaintiff has, this week, brought on co-counsel to
assist with the conclusion of discovery and preparation and trial of this matter,
11, As a consequence of the foregoing, the parties will need additional
time in order to prepare and file motions in limine and to have same heard in
advance of trial. This includes the anticipated filing of Dawhert motions by the
Defendant. While the parties have agreed to the selection of a mediator, without
the aforementioned damages and expert witness discovery, given the parties’
relative positions, they are not in a position to mediate this case and would likewise
request an extension of that deadline.
12. Counsel for NORTH has requested to be excused from the first two
weeks of the present trial docket due to personal and professional matters detailed
in its Amended Motion to Be Excused. The Plaintiff has no objection to that
motion given the reasons contained therein.
FALK, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, PA.
135 San Lorenz Avenue, Suite 300, Coral Gables, FL 33146 Phone 305.447.6300 Pas 305.447.1777
1900 SW Corporate Blyd., Sudte 210-E, Boca Ravon, PL 32431 Phone 5A15¢CASE NO.: 05-1408 CA (06)
Page 5 of 7
13. After conferring about all of the foregoing issues, the Plaintiff and
Defendant NORTH SHORE believe the following schedule will allow them to
complete necessary pretrial discovery and file and have motions heard:
-completion of faci/hybrid witness discovery: June 15, 2015
-completion of expert witness discovery: July 15, 2015
-date by which to file pretrial motions: August 15, 2015
-deadline to for hearings on pretrial motions: September 15, 2015
-jury selection and trial: September/October, 2015
14. The Plaintiff and Defendant NORTH SHORE are of the opinion that,
for efficient administration of this matter, a two to three week special trial setting
or referral to the back-up extended trial division would be prudent and reasonable,
15. This jomt motion is made in good faith and not for the purpose of
unnecessary delay. This join motion is the product of conference by counsel for
the Plaintiff and Defendant NORTH SHORE with the intention and goal to
efficiently prepare for trial for this matter with respect to the needs of their clients,
as well as, the promotion of judicial economy and efficiency.
16. These parities have agreed that this case will be prepared within the
time guidelines set forth above and without request for continuance, absent
unknown or emergent circumstances.
FaLk, Waas, H
135 San Lorenzo Avenue,
1900 NW Corporate Blyd., S
1 Gables
E, Boca Ruron,CASE NO. 05-1408 CA (06)
Page 6 of 7
17. In the alternative, in an abundance of caution, these parties request an
extension of all previously set pretrial deadlines and a pretrial conference.
WHEREFORE, the Plaintiff, BILLY BOOTH, and the Defendant, NORTH
SHORE MEDICAL CENTER, respectfully request this Honorable Court grant the
relief requested herein and for such other and further relief deemed just, proper and
necessary under the circumstances.
Fabrikant & Hernandez, P.A.
Attorneys for the Plaintiff
1909 Tyler Street, Suite 416
Hollywood, FL 33020
Telephone: (954) 966-0881
Facsimile: (954) 966-0886
Kevin F. Fabrikant, Esq.
Florida Bar No. 170070
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
SerciveSmendlestein@falkwaas.com
Scott L. Mendlestein
Florida Bar No.: 187828
FALK, Waas, He
135 San Lore z
RNY ANDEZ CorTINA Ay SOLOMON, & BONNER, BACASE NO,; 05-1408 CA (06)
Page 7 of 7
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the following party, by U.S.
mail, on April 15, 2015:
Erick Sanchez — via U.S. mail
6095 West 19 Avenue
#304
Hialeah, FL 33014
Pro-se Co-Defendant, Erick Sanchez
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: isi
Scott L. Mendlestein
Florida Bar No.: 187828
Preview
Filing # 26093510 E-Filed 04/15/2015 08:33:16 AM TN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CPVIL 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, et al. Defendants. JOINT MOTION TO SPECIALLY SET TRIAL AND/OR TO REFER TO EXTEND/BACK-UP TRIAL DIVISION AND/OR, IN THE ALTERNATIVE, FOR CASE MANAGEMENT CONFERENCE AND EXTENSION OF PRETRIAL DEADLINES The Plaintiff, BILLY BOOTH, and the Defendant NORTH SHORE MEDICAL CENTER, through respective counsel, file this Joint Motion, stating as follows: 1. This matter arises out of a male-patient on male-patient sexual assault/rape that is alleged to have occurred in the Behavioral Health Unit (psychiatric ward) at Defendant NORTH SHORE MEDICAL CENTER. In addition to the Plaintiff's claim against NORTH SHORE, the Plaintiff has also FALK, W. AAS. HERNANDEZ, Cortina, SOL OMON, & & BONNER, PA.CASE NO.: 05-1408 CA (06) Page 2 of 7 included an intentional tort claim(s) against the alleged perpetrator as part of this action. The co-Defendant alleged perpetrator is pro se. 2, In compliance with this Court’s Pretrial, Uniform Order and Pretrial Instructions, the Plaintiff and Defendant NORTH SHORE have filed their fact/hybrid witness disclosures, as well as, their expert witness disclosures. 3. The Plaintiff and NORTH SHORE have likewise conferred about the pending trial and related matters. As a threshold matter, given the issues and circumstances of this case, these parties are of the opinion that jury selection will take several days and require a jury pool in excess of 50 jurors. 4. Jointly, these parties have listed in excess of 50 witnesses, in addition to six (6) retained expert witnesses. Of the listed witnesses, it is anticipated that at least 25 of those witnesses may be called at the time of trial. 5. The Plaintiff and Defendant NORTH SHORE agree that this case will take, at a minimum, ten (10) trial days, excluding the resolution of motions in limine. 6. Counsel for these parties have maintained a good, professional working relationship throughout the course of this litigation. The history of this litigation has included non-binding arbitration, the addition of parties and an appeal, in addition to extensive motion practice. FaLk, WAAS, HERNANDE Lorenzo Avenue Corporate Bivd,, § Z, CORTIN al Gables, 3460 Phone Boca Raton, FL 33431 Phone 5 SOLOMON, & BONNER, P.A.CASE NO.: 05-1408 CA (06) Page 3 of 7 7. In advance of the trial setting, the Plaintiff presented for an update deposition. During the deposition, counsel for the parties learned that the Plaintiff has undergone continued, extensive and significant psychiatric and psychological treatment for both pre-existing conditions and conditions which were allegedly caused or exacerbated by the incident at issue. This mental health care and treatment has included regular in-office treatment and multiple voluntary and involuntary hospitalizations and admissions to dual-diagnosis treatment facilities. All of this care and treatment has occurred outside of South Florida, in Naples, Florida; Melbourne, Florida; and, Ft. Myers, Florida. 8. After learning of this development, the Defendant requested, and the Plaintiff executed, authorizations for the release of this sensitive treatment information, Despite multiple follow up attempts, to date, none of these facilities/treaters have provided records to the parties. These records, as well as, ihe testimony of the associated providers are important to both the prosecution and the defense of this matter and directly relate to the damage issues in this case. Without these records/testimony, the parties’ expert witnesses will not be able to complete their opinions with respect to the issue of damages. 9, Counsel for the Plaintiff has recently undergone significant changes to his office resulting in the loss of the attorney who was tasked with preparing this CorTINA, SOLOMON, & Be bles, FL 33446) Pho: i 2. Boca Raton, FL. 33431 Phone 561.CASE NO.: 05-1408 CA (06) Page 4 of 7 case for trial. As a result, the Plaintiff has sought, and the Defendant has agreed to, an extended time for the Plaintiff to respond to expert witness discovery, Unfortunately, this change has also ied to the Plaintiff to be unable to provide the Defendant with dates upon which to depose his five retained expert witnesses, despite Defendant NORTH SHORE’s multiple requests for same. 16. Counsel for the Plaintiff has, this week, brought on co-counsel to assist with the conclusion of discovery and preparation and trial of this matter, 11, As a consequence of the foregoing, the parties will need additional time in order to prepare and file motions in limine and to have same heard in advance of trial. This includes the anticipated filing of Dawhert motions by the Defendant. While the parties have agreed to the selection of a mediator, without the aforementioned damages and expert witness discovery, given the parties’ relative positions, they are not in a position to mediate this case and would likewise request an extension of that deadline. 12. Counsel for NORTH has requested to be excused from the first two weeks of the present trial docket due to personal and professional matters detailed in its Amended Motion to Be Excused. The Plaintiff has no objection to that motion given the reasons contained therein. FALK, WAAS, HERNANDEZ, CORTINA, SOLOMON, & BONNER, PA. 135 San Lorenz Avenue, Suite 300, Coral Gables, FL 33146 Phone 305.447.6300 Pas 305.447.1777 1900 SW Corporate Blyd., Sudte 210-E, Boca Ravon, PL 32431 Phone 5A15¢CASE NO.: 05-1408 CA (06) Page 5 of 7 13. After conferring about all of the foregoing issues, the Plaintiff and Defendant NORTH SHORE believe the following schedule will allow them to complete necessary pretrial discovery and file and have motions heard: -completion of faci/hybrid witness discovery: June 15, 2015 -completion of expert witness discovery: July 15, 2015 -date by which to file pretrial motions: August 15, 2015 -deadline to for hearings on pretrial motions: September 15, 2015 -jury selection and trial: September/October, 2015 14. The Plaintiff and Defendant NORTH SHORE are of the opinion that, for efficient administration of this matter, a two to three week special trial setting or referral to the back-up extended trial division would be prudent and reasonable, 15. This jomt motion is made in good faith and not for the purpose of unnecessary delay. This join motion is the product of conference by counsel for the Plaintiff and Defendant NORTH SHORE with the intention and goal to efficiently prepare for trial for this matter with respect to the needs of their clients, as well as, the promotion of judicial economy and efficiency. 16. These parities have agreed that this case will be prepared within the time guidelines set forth above and without request for continuance, absent unknown or emergent circumstances. FaLk, Waas, H 135 San Lorenzo Avenue, 1900 NW Corporate Blyd., S 1 Gables E, Boca Ruron,CASE NO. 05-1408 CA (06) Page 6 of 7 17. In the alternative, in an abundance of caution, these parties request an extension of all previously set pretrial deadlines and a pretrial conference. WHEREFORE, the Plaintiff, BILLY BOOTH, and the Defendant, NORTH SHORE MEDICAL CENTER, respectfully request this Honorable Court grant the relief requested herein and for such other and further relief deemed just, proper and necessary under the circumstances. Fabrikant & Hernandez, P.A. Attorneys for the Plaintiff 1909 Tyler Street, Suite 416 Hollywood, FL 33020 Telephone: (954) 966-0881 Facsimile: (954) 966-0886 Kevin F. Fabrikant, Esq. Florida Bar No. 170070 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 SerciveSmendlestein@falkwaas.com Scott L. Mendlestein Florida Bar No.: 187828 FALK, Waas, He 135 San Lore z RNY ANDEZ CorTINA Ay SOLOMON, & BONNER, BACASE NO,; 05-1408 CA (06) Page 7 of 7 CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the following party, by U.S. mail, on April 15, 2015: Erick Sanchez — via U.S. mail 6095 West 19 Avenue #304 Hialeah, FL 33014 Pro-se Co-Defendant, Erick Sanchez 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: isi Scott L. Mendlestein Florida Bar No.: 187828