Document for DIAZ, MARCELO vs. ADVENTIST HEALTH SYSTEM/SUNBELT INCet al.

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                                Filing # 34676245 E-Filed 11/19/2015 03:46:47 PM


                                    IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                                                IN AND FOR ORANGE COUNTY, FLORIDA

                  MARCELO DIAZ, as Personal Representative
                  of the Estate of HERMINIA DIAZ,
                                                                                          CASE NO.: 2008-CA-11228-0
                                             Plaintiff,

                  vs.

                  HARINATH SHEELA, M.D., DIGESTIVE AND
                  LIVER CENTER OF FLORIDA, P.A.; ADVENTIST
                  HEALTH SYSTEM/SUNBELT, INC. d/b/a FLORIDA
                  HOSPITAL ORLANDO and d/b/a FLORIDA
                  HOSPITAL APOPKA; JUNIAS DESAMOUR, M.D.;
                  MID-FLORIDA HOSPITAL SPECIALISTS, P.A.

                                             Defendants.
                  ___________________________________________________/

                         DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR TRIAL DATE

                           Defendants, HARINATH SHEELA, M.D. and DIGESTIVE AND LIVER CENTER OF

                  FLORIDA P.A. (“Defendants”), by and through their undersigned counsel respond to Plaintiff’s

                  motion to obtain trial date, and state as follows:

                           1.       On November 10, 2015, Plaintiff filed a motion to obtain a trial date, estimating

                  that the trial in this case would take approximately 10 days.

                           2.       Defendants now respond to Plaintiff’s motion to suggest that this trial will take

                  approximately 15 days.

                           3.       The above-captioned case has already been tried before this Court once before.

                  The matter ultimately resulted in a mistrial on Monday of the third week of trial due to the fact

                  that Plaintiff was still in his case-in-chief and there would not be time for the Defense to put on

                  their case.




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                           4.       Since the first trial, additional issues have been identified and witnesses have been

                  disclosed.   Accordingly, it is the Defendants’ estimation, based on the previous trial in this

                  matter, that a three-week docket will be needed to accommodate a full trial in the current case.

                           WHEREFORE, Defendants HARINATH SHEELA, M.D. and DIGESTIVE AND

                  LIVER CENTER OF FLORIDA P.A., respectfully request this Court set this matter for a three-

                  week docket



                                                         CERTIFICATE OF SERVICE

                           I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by

                  electronic mail this 19th day of November, 2015 to: Carlos R. Diez-Arguelles, Esquire, Diez-

                  Arguelles & Tejedor, 505 North Mills Avenue, Orlando, Florida 32803.



                                                               DENNIS, JACKSON, MARTIN
                                                               & FONTELA, P.A.

                                                               By __________________________________
                                                               ROGELIO J. FONTELA                  (FBN: 0956473)
                                                               W. BENNETT CARTER, JR. (FBN: 90952)
                                                               Dennis, Jackson, Martin & Fontela, P.A.
                                                               1591 Summit Lake Drive, Suite 200
                                                               Tallahassee, FL 32317
                                                               (850) 422-3345
                                                               (850) 422-1325 (Fax)

                                                               Attorney for Defendants Harinath Sheela, M.D. and
                                                               Digestive and Liver Center of Florida, P.A.




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