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Filing # 141153808 E-Filed 12/30/2021 03:35:19 PM
RETURN OF SERVICE
State of Florida County of Palm Beach Circuit Court
Case Number: 50-2021-CA-010108
Plaintiff:
MARION J. YOUNG BUTERA and THOMAS BUTERA, her spouse
VS.
Defendants,:
EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and
THE BRIGHT VIEW LANDSCAPES, LLC
For:
David J. Majcak, Esq.
Goldberg Segalla, LLP
222 Lakeview Avenue
Suite 800
West Palm Beach, FL 33401
Received by Williams Process Service, Inc. on the 16th day of December, 2021 at 9:00 am to be served on
Records Custodian: Diagnostic Centers of America Re: Marion J. Young Butera, 6080 W. Boynton
Beach Bivd., Suite 140, Boynton Beach, FL 33437.
1, Truong “June" Nguyen, do hereby affirm that on the 20th day of December, 2021 at 1:12 pm, I:
served a CORPORATION by delivering a true copy of the Subpoena Duces Tecum Without Deposition
and Notice of Production from Non-Party with the date and hour of service endorsed thereon by me, to:
Crystal F. as Records Custodiaan for Diagnostic Centers of America, at the address of: 6080 W.
Boynton Beach Blvd., Suite 140, Boynton Beach, FL. 33437, and informed said person of the contents
therein, in compliance with state statutes.
Description of Person Served: Age: 32, Sex: F, Race/Skin Color: Black, Height:
Black, Glasses: N
, Weight: 170, Hair:
Under penalties of perjury, | declare that | have read the foregoing and that the facts stated in it are true. |
am over the age of eighteen, have no interest in the above action and am a Certified Process Server in
good standing in the circuit in which service was effected in accordance with State Statutes.
/s/ Truong Nguyen
Truong “June” Nguyen
CPS# 1442
Williams Process Service, Inc.
721 US Highway 1
Suite 121
North Paim Beach, FL 33408
(561) 881-1442
Our Job Serial Number: WPS-2021023355
Ref: 16214.0040
‘Copyright © 1992-2021 Database Services, Inc, - Process Server's Toolbox V8.2
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/30/2021 03:35:19 PM ***LISS
IN THE CIRCUIT COURT OF THE 15th
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
MARION J. YOUNG BUTERA
AND THOMAS BUTERA, her spouse,
Plaintiffs, CASE NO: 50-2021-CA-010108
ve
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA and THE
BRIGHTVIEW LANDSCAPES, LLC,
Defendants.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA,
Cross-Plaintiff,
ve
THE BRIGHTVIEW LANDSCAPES, LLC,
Cross-Defendants.
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
To: Records Custodian:
Diagnostic Centers of America
6080 W Boynton Beach Boulevard, Suite 140
Boynton Beach, FL 33437
HIPAA NOTICE: In accordance with the provisions of 45 C.F.R. 164.512(3)(1), we have previously
notified Plaintiff's counsel of our request for the above-referenced information pursuant to a Notice of Production
from Non-Party dated the 2nd day of December, 2021. This Notice included sufficient information about the above-
captioned matter to provide an opportunity for the Plaintiff to raise an objection with the Court. The time for the
Plaintiff to raise objections has lapsed and no objections were filed or all objections filed have been resolved by this
Court.
YOU ARE COMMANDED TO EMAIL TO THE BELOW EMAIL ADDRESSES or MAIL
TO: David Majcak, Esquire, Goldberg Segalia, LLP, at our central mail address: P.O. Box 787, Buffalo, NY 14201,
within ten (10) days of service hereof, the following:
Any and all medical records, including but not limited to reports of physical examination, films, x-
rays, x-ray reports, copies of CT scans, CT scan reports, copies of MRI’s, MRI reports, admission records,
notes on attendance and/or treatment, memoranda, telephone memorandum slips, laboratory studies,
records of physical therapy, reports of physical therapy, medication records, consultation records, medical
bills, ledgers, balance ledger, payment ledger, financial transaction listing, hospital records, liens and/or
31234993.v1letters of protection, and any all records whatsoever you may have in your possession or control for the
following:
NAME OF PATIENT : MARION J. YOUNG BUTERA
DATE OF BIRTH :
SOCIAL SECURITY NO :
IN AN EFFORT TO AVOID ANY DISCREPANCIES AND DUPLICATION OF RECORDS.
ITIS HEREBY REQUESTED THAT A COPY OF THIS SUBPOENA BE ATTACHED TO
YOUR RECORDS.
You must produce each and every piece of paper contained in your files regarding the patient, whether or not
prepared by you (i.c., including letters or records sent to you from other healthcare providers).
Pursuant to Florida Statutes 456.057(17) and Florida Administrative Code § 64-B8-10.003, a fee of
$1.00 per page for the first twenty-five (25) pages and $0.25 cents per page for each additional page will be paid
for the photocopying of said records. IF THE FEE FOR PHOTOCOPYING EXCEEDS FIFTY ($50.00)
DOLLARS, PLEASE CONTACT THE UNDERSIGNED IN ADVANCE OF THE COPYING FOR
AUTHORIZATION TO DO SO. If it is necessary to have the fee paid in advance or if the records cannot be
gathered by the appointed date, please contact the undersigned on or before the date on the Subpoena and
arrangements will be made.
You have the right to object to the production pursuant to this Subpoena at any time before production by
giving written notice to the attorney whose name appears on this Subpoena. THIS WILL NOT BE A DEPOSITION,
NO TESTIMONY WILL BE TAKEN.
If you fail to: (1) furnish the records; or (2) object to this Subpoena, you may be in contempt of Court. You
are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by the
attorney whose name appears on this Subpoena or the court, you shall respond to this subpoena as directed.
DATED this 12th day of December, 2021
DAVID MAJCAK
For the Court
tsi David Majcak
GOLDBERG SEGALLA, LLP
David J. Majcak, Esquire
Florida Bar No. 0073883
222 Lakeview Avenue, Suite 800
West Palm Beach, FL 33401
(561) 618-4469 Office
(561) 618-4549 Fax
email designations:
10
wri role lke
31234993.v1TN THE CIRCUIT COURT OF THE 15th
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
MARION J. YOUNG BUTERA
AND THOMAS BUTERA, her spouse,
Plaintiffs, CASE NO: 50-2021-CA-010108
v.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA and THE
BRIGHTVIEW LANDSCAPES, LLC,
Defendants.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA,
Cross-Plaintifé,
ve
THE BRIGHTVIEW LANDSCAPES, LLC,
Cross-Defendants.
NOTICE OF PRODUCTION FROM NON-PARTY
(Fla. R. Civ. P. 1.351)
YOU ARE NOTIFIED that after ten (10) days from the date of service of this Notice, is by delivery or email
or (15) days if service is by mail, and ifn objection is received from any party, the undersigned will issue the attached
Subpoena directed to DIAGNOSTIC CENTERS OF AMERICA, who is not a party to this action, to
produce the items listed at the time and place specified in the Subpoena,
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing was forwarded electronically
to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchtawoffice@aol.com, BARRY G. HOFFMAN
LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL 33434; Mitchell H. Katler, Esquire,
(Attorney for Defendant, Edens Limited Partnership db/a Sunshine Square Plaza),
MKatler@travelers.com, EGuilbea@travelers.com; TGruende@travelers.com; Law Offices of James W.
Kehoe, III, 3230 West Commercial Bivd., Suite 250, Ft. Lauderdale, FL 33309, this 2™¢ day of December,
31234993.v12021. The certificate is taken as prima facie proof of such service in compliance with Fla. R. Jud. Admin.
2.516.
31234993.vi
és/ David Majeak _
GOLDBERG SEGALLA, LLP
David J. Majcak, Esquire
Florida Bar No. 0073883
222 Lakeview Avenue, Suite 800
West Palm Beach, FL 33401
(561) 618-4469 Office
(561) 618-4549 Fax
email designations:
dmajeal ldbergsegalla.com
dharrison@goldbergsegalla.com
Preview
Filing # 141153808 E-Filed 12/30/2021 03:35:19 PM RETURN OF SERVICE State of Florida County of Palm Beach Circuit Court Case Number: 50-2021-CA-010108 Plaintiff: MARION J. YOUNG BUTERA and THOMAS BUTERA, her spouse VS. Defendants,: EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHT VIEW LANDSCAPES, LLC For: David J. Majcak, Esq. Goldberg Segalla, LLP 222 Lakeview Avenue Suite 800 West Palm Beach, FL 33401 Received by Williams Process Service, Inc. on the 16th day of December, 2021 at 9:00 am to be served on Records Custodian: Diagnostic Centers of America Re: Marion J. Young Butera, 6080 W. Boynton Beach Bivd., Suite 140, Boynton Beach, FL 33437. 1, Truong “June" Nguyen, do hereby affirm that on the 20th day of December, 2021 at 1:12 pm, I: served a CORPORATION by delivering a true copy of the Subpoena Duces Tecum Without Deposition and Notice of Production from Non-Party with the date and hour of service endorsed thereon by me, to: Crystal F. as Records Custodiaan for Diagnostic Centers of America, at the address of: 6080 W. Boynton Beach Blvd., Suite 140, Boynton Beach, FL. 33437, and informed said person of the contents therein, in compliance with state statutes. Description of Person Served: Age: 32, Sex: F, Race/Skin Color: Black, Height: Black, Glasses: N , Weight: 170, Hair: Under penalties of perjury, | declare that | have read the foregoing and that the facts stated in it are true. | am over the age of eighteen, have no interest in the above action and am a Certified Process Server in good standing in the circuit in which service was effected in accordance with State Statutes. /s/ Truong Nguyen Truong “June” Nguyen CPS# 1442 Williams Process Service, Inc. 721 US Highway 1 Suite 121 North Paim Beach, FL 33408 (561) 881-1442 Our Job Serial Number: WPS-2021023355 Ref: 16214.0040 ‘Copyright © 1992-2021 Database Services, Inc, - Process Server's Toolbox V8.2 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/30/2021 03:35:19 PM ***LISS IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARION J. YOUNG BUTERA AND THOMAS BUTERA, her spouse, Plaintiffs, CASE NO: 50-2021-CA-010108 ve EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW LANDSCAPES, LLC, Defendants. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA, Cross-Plaintiff, ve THE BRIGHTVIEW LANDSCAPES, LLC, Cross-Defendants. SUBPOENA DUCES TECUM WITHOUT DEPOSITION To: Records Custodian: Diagnostic Centers of America 6080 W Boynton Beach Boulevard, Suite 140 Boynton Beach, FL 33437 HIPAA NOTICE: In accordance with the provisions of 45 C.F.R. 164.512(3)(1), we have previously notified Plaintiff's counsel of our request for the above-referenced information pursuant to a Notice of Production from Non-Party dated the 2nd day of December, 2021. This Notice included sufficient information about the above- captioned matter to provide an opportunity for the Plaintiff to raise an objection with the Court. The time for the Plaintiff to raise objections has lapsed and no objections were filed or all objections filed have been resolved by this Court. YOU ARE COMMANDED TO EMAIL TO THE BELOW EMAIL ADDRESSES or MAIL TO: David Majcak, Esquire, Goldberg Segalia, LLP, at our central mail address: P.O. Box 787, Buffalo, NY 14201, within ten (10) days of service hereof, the following: Any and all medical records, including but not limited to reports of physical examination, films, x- rays, x-ray reports, copies of CT scans, CT scan reports, copies of MRI’s, MRI reports, admission records, notes on attendance and/or treatment, memoranda, telephone memorandum slips, laboratory studies, records of physical therapy, reports of physical therapy, medication records, consultation records, medical bills, ledgers, balance ledger, payment ledger, financial transaction listing, hospital records, liens and/or 31234993.v1letters of protection, and any all records whatsoever you may have in your possession or control for the following: NAME OF PATIENT : MARION J. YOUNG BUTERA DATE OF BIRTH : SOCIAL SECURITY NO : IN AN EFFORT TO AVOID ANY DISCREPANCIES AND DUPLICATION OF RECORDS. ITIS HEREBY REQUESTED THAT A COPY OF THIS SUBPOENA BE ATTACHED TO YOUR RECORDS. You must produce each and every piece of paper contained in your files regarding the patient, whether or not prepared by you (i.c., including letters or records sent to you from other healthcare providers). Pursuant to Florida Statutes 456.057(17) and Florida Administrative Code § 64-B8-10.003, a fee of $1.00 per page for the first twenty-five (25) pages and $0.25 cents per page for each additional page will be paid for the photocopying of said records. IF THE FEE FOR PHOTOCOPYING EXCEEDS FIFTY ($50.00) DOLLARS, PLEASE CONTACT THE UNDERSIGNED IN ADVANCE OF THE COPYING FOR AUTHORIZATION TO DO SO. If it is necessary to have the fee paid in advance or if the records cannot be gathered by the appointed date, please contact the undersigned on or before the date on the Subpoena and arrangements will be made. You have the right to object to the production pursuant to this Subpoena at any time before production by giving written notice to the attorney whose name appears on this Subpoena. THIS WILL NOT BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN. If you fail to: (1) furnish the records; or (2) object to this Subpoena, you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by the attorney whose name appears on this Subpoena or the court, you shall respond to this subpoena as directed. DATED this 12th day of December, 2021 DAVID MAJCAK For the Court tsi David Majcak GOLDBERG SEGALLA, LLP David J. Majcak, Esquire Florida Bar No. 0073883 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 (561) 618-4469 Office (561) 618-4549 Fax email designations: 10 wri role lke 31234993.v1TN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARION J. YOUNG BUTERA AND THOMAS BUTERA, her spouse, Plaintiffs, CASE NO: 50-2021-CA-010108 v. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW LANDSCAPES, LLC, Defendants. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA, Cross-Plaintifé, ve THE BRIGHTVIEW LANDSCAPES, LLC, Cross-Defendants. NOTICE OF PRODUCTION FROM NON-PARTY (Fla. R. Civ. P. 1.351) YOU ARE NOTIFIED that after ten (10) days from the date of service of this Notice, is by delivery or email or (15) days if service is by mail, and ifn objection is received from any party, the undersigned will issue the attached Subpoena directed to DIAGNOSTIC CENTERS OF AMERICA, who is not a party to this action, to produce the items listed at the time and place specified in the Subpoena, CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing was forwarded electronically to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchtawoffice@aol.com, BARRY G. HOFFMAN LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL 33434; Mitchell H. Katler, Esquire, (Attorney for Defendant, Edens Limited Partnership db/a Sunshine Square Plaza), MKatler@travelers.com, EGuilbea@travelers.com; TGruende@travelers.com; Law Offices of James W. Kehoe, III, 3230 West Commercial Bivd., Suite 250, Ft. Lauderdale, FL 33309, this 2™¢ day of December, 31234993.v12021. The certificate is taken as prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516. 31234993.vi és/ David Majeak _ GOLDBERG SEGALLA, LLP David J. Majcak, Esquire Florida Bar No. 0073883 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 (561) 618-4469 Office (561) 618-4549 Fax email designations: dmajeal ldbergsegalla.com dharrison@goldbergsegalla.com