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Filing # 119329689 E-Filed 01/08/2021 04:28:59 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 2020CA010576XXXXMB
DIVISION: AH
BERNARD SUSSMAN and
FRANCINE SUSSMAN,
Plaintiff(s),
vs.
BCMB ENTERPRISES, INC dib/a
A BETTER WAY HOME CARE,
Defendant.
/
PLAINTIFF, FRANCINE SUSSMAN’S RESPONSES TO DEFENDANT'S FIRST
REQUEST TO PRODUCE
HERE NOW COMES, Plaintiff, Franccine Sussman, by and through the
undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.350, and files
Plaintiffs Responses to Defendant's First Request to Produce. Pursuant to Rule 1.350,
Plaintiff's responsive documents will be provided under separate cover.
1. FRANCINE SUSSMAN’s cellular telephone number and cellular service
provider.
Pursuant to the applicable Rules of Civil Procedure, Plaintiff is not
required to create a document detailing his telephone number and
service provider. The only such document that exist would be
Plaintiff's monthly bill for which Plaintiff objects to producing as
Defendant is not entitled to pre-judgment financial disclosure and is
an invasion of Plaintiff's privacy pursuant to the Florida Constitution.
2. Copies of FRANCINE SUSSMAN’s Federal Income Tax Returns for all
years for which income tax returns were filed between 2016 and 2019.
Objection, calls for the production of pre-judgment financial
disclosure which is protect by the Florida Constitution. Plaintiff has
not asserted any form of a wage claim.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/08/2021 04:28:59 PM ***Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Plaintiffs Responses to Defendant's Request to Produce
Page 2 of 7
3. Proof of all earned income and proof of all non-earned income for any year
that a Federal Income Tax Return has not been filed.
Objection, calls for the production of pre-judgment financial
disclosure which is protect by the Florida Constitution. Plaintiff has
not asserted any form of a wage claim.
4. All credit card and debit card records and receipts for the past one (1) year
which are in the name of FRANCINE SUSSMAN.
Objection, over broad, irrelevant and calls for the production of pre-
judgment financial disclosure of which is protect by the Florida
Constitution and Defendant is not otherwise entitled.
5. All banking records and receipts for the past one (1) year for any and all
accounts in the name of FRANCINE SUSSMAN.
Objection, over broad, irrelevant and calls for the production of pre-
judgment financial disclosure of which is protect by the Florida
Constitution and Defendant is not otherwise entitled.
6. All records and invoices related to any and all accounts in the name of
FRANCINE SUSSMAN for prepaid automotive toll collection systems allowing
FRANCINE SUSSMAN to automatically pay tolls as she drove her automobile on the
roads and highways in the states of Florida, Georgia, and North Carolina, for the past one
(1) year.
Objection, over broad, irrelevant, not likely to lead to admissible
evidence, fishing expedition, and calls for the production of pre-
judgment financial disclosure for which the Defendant is not entitled.
T. The names of any and all persons, including medical professionals, family,Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Plaintiffs Responses to Defendant's Request to Produce
Page 3 of 7
friends, neighbors, social acquaintances, clergy, house keepers, maintenance personnel,
delivery personnel, or likewise, who entered the Sussman’s home in the three (3) months
prior to August 4, 2020.
Objection to the extent it requires Plaintiff to create a document not
already in existence. Without waiving said objection, None. Plaintiff
does not maintain a list of all persons for which have entered the
Sussmans’ home within the three (3) months prior to August 4, 2020.
8. The names of any and all persons, including medical professionals, family,
friends, neighbors, social acquaintances, clergy, house keepers, maintenance personnel,
delivery personnel, or likewise, who came into contact with FRANCINE SUSSMAN in the
three (3) months prior to August 4, 2020.
Objection to the extent it requires Plaintiff to create a document not
already in existence. Without waiving said objection, None. Plaintiff
does not maintain a list of all persons for which he has had contact
within the three (3) months prior to August 4, 2020.
9. All medical records and reports pertaining to medical examinations or
treatments administered to FRANCINE SUSSMAN because of the injuries you contend
were the result of the allegations against A BETTER WAY HOME CARE.
Plaintiff has requested her positive COVID-19 test and will provide
same upon receipt.
10. All medical bills incurred by FRANCINE SUSSMAN as a result of the
incident(s) involved in this lawsuit.
Plaintiff has requested billing records related to her positive COVID-
19 test and will provide same upon receipt.
11. | Complete hospital records pertaining to FRANCINE SUSSMAN for the
years 2018 to the present; or, in the alternative, written authorization to obtain same.Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Plaintiffs Responses to Defendant's Request to Produce
Page 4 of 7
None. Plaintiff objects to the extent this discovery request requires
Plaintiff to create documents that do not already exist, ie, execute
releases. Defendant is free to issue subpoenas to obtain Plaintiff's
medical records.
12. | Complete medical records pertaining to FRANCINE SUSSMAN for the last
three (3) years; or, in the alternative, written authorization to obtain same.
Plaintiff objects to the extent this discovery request requires Plaintiff
to create documents that do not already exist, ie, execute releases.
Defendant is free to issue subpoenas to obtain Plaintiff's medical
records.
13. All documents reflecting economic expenses not related to medical care
incurred as a result of the incident(s) involved in this lawsuit.
Plaintiff, Bernard Sussman, has requested a payment summary from
VANC and will provide same upon receipt.
14. All statements taken of A BETTER WAY HOME CARE, their agents, or
employees.
None.
15. All statements of witnesses relating to facts or issues involved in this
lawsuit.
None.
16. Color copies of all photographs or videos depicting FRANCINE
SUSSMAN’S injuries you contend were the result of A BETTER WAY HOME CARE’s
negligence.
None.
17. All photographs, charts, diagrams, documents, and other physical evidence
that Plaintiff intends to use at the time of trial.Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Plaintiffs Responses to Defendant's Request to Produce
Page 5 of 7
See all documents produced herein. Discovery remains on going and
Plaintiff will disclose all trial exhibits pursuant to the Order Setting
Trial.
18. All documents created by A BETTER WAY HOME CARE, and/or their
agents or employees, relating to any issue in this lawsuit or that Plaintiff intends to use at
the time of the trial.
In the possession, custody and control of the Defendant. Defendant
has not provided any documents to the Plaintiff.
19. All statutes, ordinances, standards, or regulations it is contended that A
BETTER WAY HOME CARE violated or that Plaintiff intends to use at the time of the trial.
Objection, work-product and calls for legal conclusion.
20. All prevailing professional standards of care it is contended that A BETTER
WAY HOME CARE violated or that Plaintiff intends to use at the time of the trial.
Objection, work-product and calls for legal conclusion.
21. All reports pertaining to any issue involved in this lawsuit of expert witnesses
who will testify at the trial.
Plaintiff has not yet retained any expert witnesses.
22. All settlement agreements and Mary Carter agreements entered into with
any person or entity with respect to any incident, accident, or death, sustained by
FRANCINE SUSSMAN.
None.
23. Copies of all insurance policies providing any type of insurance under which
benefits were paid or payable in connection with medical and other expenses incurred as
a result of the allegations against A BETTER WAY HOME CARE.Sussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Plaintiffs Responses to Defendant's Request to Produce
Page 6 of 7
No such documents in the possession, custody or control of Plaintiff.
Plaintiff's medical treatment is covered by Medicare.
24. Copies of any notes, journal entries, letters, or calendar entries related to
FRANCINE SUSSMAN’s healthcare taken by FRANCINE SUSSMAN or any of her
children, family, or relatives.
Objection, no time limitation. Furthermore, Plaintiff objects to the
extent this discovery request requires Plaintiff to produce documents
created by and in the possession, custody and control of “children,
family, or relatives.” Without waiving said objection, Plaintiff is
copying her calendar and will provide same to the Defendant.
25. — Copies of all e-mail communications, in their native format, which were sent
to or from A BETTER WAY HOME CARE, to FRANCINE SUSSMAN and/or any of her
children, family, or relatives.
Objection, attorney-client privilege.
26. Copies of all other Complaints or Notices of Intent filed against any other
person or entity and related to FRANCINE SUSSMAN ’s medical care and treatment as it
relates to the allegations contained in Plaintiffs Complaint in this matter.
None.
27. Copies of all liens asserted by any collateral source in this matter.
None.
28. Color copies of all photographs or videos depicting FRANCINE SUSSMAN
three (3) years prior to her positive COVID-19 test on August 4, 2020, and up until the
present time. This request is seeking all photographs and videos accessible by Plaintiff
without regard to whether they are hard copies or digital copies. Digital copies include,
but are not limited to, digital photographs and videos stored locally on a device such as aSussman v. BCMB Enterprises, Inc.
Case No.: 2020CA010576XXXXMB
Plaintiffs Responses to Defendant's Request to Produce
Page 7 of 7
computer, tablet, external hard drive, or phone, as well as photographs or videos stored
“in the cloud” or posted on the internet and/or social media sites such as Facebook,
Instagram, Twitter, LinkedIn, Google Photos, iCloud, etc.
Plaintiff is obtaining all photographs and will provide same to the
Defendant. Plaintiff does not have social media.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing instrument has
been furnished via electronic mail to the parties as printed below on the attached service
list, and we have filed the foregoing with the Clerk of the Palm Beach County Court by
using the Florida Courts E-Filing Portal, dated this 8" day of January 2021.
Respectfully Submitted,
ROY & ASSOCIATES, P.A.
By: /s/: Dave K. Roy, Esq.
DAVE K. ROY, ESQ. (FBN 92551)
1665 Palm Beach Lakes Blvd., Suite 101
West Palm Beach, FL 33401
Telephone: (561) 729-0095
Facsimile: (267) 222-6953
E-Service: info@daveroylaw.com
SERVICE LIST:
Robin N. Khanal, Esq. and Christopher N. Gonsalves, Esq., 255 S. Orange Ave., Suite
900, Orlando, Florida 32801; E-Service: RNK.Pleadings@qpwblaw.com
Preview
Filing # 119329689 E-Filed 01/08/2021 04:28:59 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2020CA010576XXXXMB DIVISION: AH BERNARD SUSSMAN and FRANCINE SUSSMAN, Plaintiff(s), vs. BCMB ENTERPRISES, INC dib/a A BETTER WAY HOME CARE, Defendant. / PLAINTIFF, FRANCINE SUSSMAN’S RESPONSES TO DEFENDANT'S FIRST REQUEST TO PRODUCE HERE NOW COMES, Plaintiff, Franccine Sussman, by and through the undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.350, and files Plaintiffs Responses to Defendant's First Request to Produce. Pursuant to Rule 1.350, Plaintiff's responsive documents will be provided under separate cover. 1. FRANCINE SUSSMAN’s cellular telephone number and cellular service provider. Pursuant to the applicable Rules of Civil Procedure, Plaintiff is not required to create a document detailing his telephone number and service provider. The only such document that exist would be Plaintiff's monthly bill for which Plaintiff objects to producing as Defendant is not entitled to pre-judgment financial disclosure and is an invasion of Plaintiff's privacy pursuant to the Florida Constitution. 2. Copies of FRANCINE SUSSMAN’s Federal Income Tax Returns for all years for which income tax returns were filed between 2016 and 2019. Objection, calls for the production of pre-judgment financial disclosure which is protect by the Florida Constitution. Plaintiff has not asserted any form of a wage claim. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/08/2021 04:28:59 PM ***Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Plaintiffs Responses to Defendant's Request to Produce Page 2 of 7 3. Proof of all earned income and proof of all non-earned income for any year that a Federal Income Tax Return has not been filed. Objection, calls for the production of pre-judgment financial disclosure which is protect by the Florida Constitution. Plaintiff has not asserted any form of a wage claim. 4. All credit card and debit card records and receipts for the past one (1) year which are in the name of FRANCINE SUSSMAN. Objection, over broad, irrelevant and calls for the production of pre- judgment financial disclosure of which is protect by the Florida Constitution and Defendant is not otherwise entitled. 5. All banking records and receipts for the past one (1) year for any and all accounts in the name of FRANCINE SUSSMAN. Objection, over broad, irrelevant and calls for the production of pre- judgment financial disclosure of which is protect by the Florida Constitution and Defendant is not otherwise entitled. 6. All records and invoices related to any and all accounts in the name of FRANCINE SUSSMAN for prepaid automotive toll collection systems allowing FRANCINE SUSSMAN to automatically pay tolls as she drove her automobile on the roads and highways in the states of Florida, Georgia, and North Carolina, for the past one (1) year. Objection, over broad, irrelevant, not likely to lead to admissible evidence, fishing expedition, and calls for the production of pre- judgment financial disclosure for which the Defendant is not entitled. T. The names of any and all persons, including medical professionals, family,Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Plaintiffs Responses to Defendant's Request to Produce Page 3 of 7 friends, neighbors, social acquaintances, clergy, house keepers, maintenance personnel, delivery personnel, or likewise, who entered the Sussman’s home in the three (3) months prior to August 4, 2020. Objection to the extent it requires Plaintiff to create a document not already in existence. Without waiving said objection, None. Plaintiff does not maintain a list of all persons for which have entered the Sussmans’ home within the three (3) months prior to August 4, 2020. 8. The names of any and all persons, including medical professionals, family, friends, neighbors, social acquaintances, clergy, house keepers, maintenance personnel, delivery personnel, or likewise, who came into contact with FRANCINE SUSSMAN in the three (3) months prior to August 4, 2020. Objection to the extent it requires Plaintiff to create a document not already in existence. Without waiving said objection, None. Plaintiff does not maintain a list of all persons for which he has had contact within the three (3) months prior to August 4, 2020. 9. All medical records and reports pertaining to medical examinations or treatments administered to FRANCINE SUSSMAN because of the injuries you contend were the result of the allegations against A BETTER WAY HOME CARE. Plaintiff has requested her positive COVID-19 test and will provide same upon receipt. 10. All medical bills incurred by FRANCINE SUSSMAN as a result of the incident(s) involved in this lawsuit. Plaintiff has requested billing records related to her positive COVID- 19 test and will provide same upon receipt. 11. | Complete hospital records pertaining to FRANCINE SUSSMAN for the years 2018 to the present; or, in the alternative, written authorization to obtain same.Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Plaintiffs Responses to Defendant's Request to Produce Page 4 of 7 None. Plaintiff objects to the extent this discovery request requires Plaintiff to create documents that do not already exist, ie, execute releases. Defendant is free to issue subpoenas to obtain Plaintiff's medical records. 12. | Complete medical records pertaining to FRANCINE SUSSMAN for the last three (3) years; or, in the alternative, written authorization to obtain same. Plaintiff objects to the extent this discovery request requires Plaintiff to create documents that do not already exist, ie, execute releases. Defendant is free to issue subpoenas to obtain Plaintiff's medical records. 13. All documents reflecting economic expenses not related to medical care incurred as a result of the incident(s) involved in this lawsuit. Plaintiff, Bernard Sussman, has requested a payment summary from VANC and will provide same upon receipt. 14. All statements taken of A BETTER WAY HOME CARE, their agents, or employees. None. 15. All statements of witnesses relating to facts or issues involved in this lawsuit. None. 16. Color copies of all photographs or videos depicting FRANCINE SUSSMAN’S injuries you contend were the result of A BETTER WAY HOME CARE’s negligence. None. 17. All photographs, charts, diagrams, documents, and other physical evidence that Plaintiff intends to use at the time of trial.Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Plaintiffs Responses to Defendant's Request to Produce Page 5 of 7 See all documents produced herein. Discovery remains on going and Plaintiff will disclose all trial exhibits pursuant to the Order Setting Trial. 18. All documents created by A BETTER WAY HOME CARE, and/or their agents or employees, relating to any issue in this lawsuit or that Plaintiff intends to use at the time of the trial. In the possession, custody and control of the Defendant. Defendant has not provided any documents to the Plaintiff. 19. All statutes, ordinances, standards, or regulations it is contended that A BETTER WAY HOME CARE violated or that Plaintiff intends to use at the time of the trial. Objection, work-product and calls for legal conclusion. 20. All prevailing professional standards of care it is contended that A BETTER WAY HOME CARE violated or that Plaintiff intends to use at the time of the trial. Objection, work-product and calls for legal conclusion. 21. All reports pertaining to any issue involved in this lawsuit of expert witnesses who will testify at the trial. Plaintiff has not yet retained any expert witnesses. 22. All settlement agreements and Mary Carter agreements entered into with any person or entity with respect to any incident, accident, or death, sustained by FRANCINE SUSSMAN. None. 23. Copies of all insurance policies providing any type of insurance under which benefits were paid or payable in connection with medical and other expenses incurred as a result of the allegations against A BETTER WAY HOME CARE.Sussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Plaintiffs Responses to Defendant's Request to Produce Page 6 of 7 No such documents in the possession, custody or control of Plaintiff. Plaintiff's medical treatment is covered by Medicare. 24. Copies of any notes, journal entries, letters, or calendar entries related to FRANCINE SUSSMAN’s healthcare taken by FRANCINE SUSSMAN or any of her children, family, or relatives. Objection, no time limitation. Furthermore, Plaintiff objects to the extent this discovery request requires Plaintiff to produce documents created by and in the possession, custody and control of “children, family, or relatives.” Without waiving said objection, Plaintiff is copying her calendar and will provide same to the Defendant. 25. — Copies of all e-mail communications, in their native format, which were sent to or from A BETTER WAY HOME CARE, to FRANCINE SUSSMAN and/or any of her children, family, or relatives. Objection, attorney-client privilege. 26. Copies of all other Complaints or Notices of Intent filed against any other person or entity and related to FRANCINE SUSSMAN ’s medical care and treatment as it relates to the allegations contained in Plaintiffs Complaint in this matter. None. 27. Copies of all liens asserted by any collateral source in this matter. None. 28. Color copies of all photographs or videos depicting FRANCINE SUSSMAN three (3) years prior to her positive COVID-19 test on August 4, 2020, and up until the present time. This request is seeking all photographs and videos accessible by Plaintiff without regard to whether they are hard copies or digital copies. Digital copies include, but are not limited to, digital photographs and videos stored locally on a device such as aSussman v. BCMB Enterprises, Inc. Case No.: 2020CA010576XXXXMB Plaintiffs Responses to Defendant's Request to Produce Page 7 of 7 computer, tablet, external hard drive, or phone, as well as photographs or videos stored “in the cloud” or posted on the internet and/or social media sites such as Facebook, Instagram, Twitter, LinkedIn, Google Photos, iCloud, etc. Plaintiff is obtaining all photographs and will provide same to the Defendant. Plaintiff does not have social media. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been furnished via electronic mail to the parties as printed below on the attached service list, and we have filed the foregoing with the Clerk of the Palm Beach County Court by using the Florida Courts E-Filing Portal, dated this 8" day of January 2021. Respectfully Submitted, ROY & ASSOCIATES, P.A. By: /s/: Dave K. Roy, Esq. DAVE K. ROY, ESQ. (FBN 92551) 1665 Palm Beach Lakes Blvd., Suite 101 West Palm Beach, FL 33401 Telephone: (561) 729-0095 Facsimile: (267) 222-6953 E-Service: info@daveroylaw.com SERVICE LIST: Robin N. Khanal, Esq. and Christopher N. Gonsalves, Esq., 255 S. Orange Ave., Suite 900, Orlando, Florida 32801; E-Service: RNK.Pleadings@qpwblaw.com