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Filing # 34125892 E-Filed 11/05/2015 03:21:49 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- C A-l 1228-0
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 dlbla FLORIDA
HOSPITAL APOPKA; JUNIAS DESAMOUR, M.D.;
MID-FLORIDA HOSPITAL SPECIALISTS, P.A.
Defendants
DEFENDANTS. HARINATH SHEELA. M.D. AND DIGF],STIVE, AND LIVER CENTER
ON FOR PROTECTIVE
Defendants, HARINATH SHEELA, M.D. and DIGESTIVE AND LIVER CENTER OF
FLORIDA P.A. ("Defendants"), by and through their undersigned counsel and pursuant to Rule
1.280(c) of the Florida Rules of Civil Procedure, move this court for a protective order from
Plaintiff s notice of hearing on his motion to amend for punitive damages and state as follows:
1. On October 28,2015, Plaintiff fìled a motion to amend for punitive damages.
2. Two days later, undersigned counsel filed a notice of unavailability in the current
matter for the time period of Novemb er 23 -27 , 2015 . See Exhibit 1. During this time period,
undersigned counsel will be out of state for the Thanksgiving holidays.
3. On October 30,2075, one day after Defendants' counsel filed and served the
above-referenced notice of unavailability, Plaintiffls counsel unilaterally set hearing on his
motion to amend for punitive damages for November 25,2015. ,See Exhibit 2.
I
4. Plaintiff s counsel readily admits in this notice that he was fully aware that
Defendants' counsel was not available the day before Thanksgiving for a hearing on Plaintiffls
motion, yet still decided to unilaterally file his notice. Id. at"Cefüficate of Compliance".
5. Upon motion by the person from whom discovery is sought, and for good cause
shown, the court may protect aparty or person "from annoyance, embarrassment, oppression or
undue burden or expense that justice requites. .. ." 1.280(c), Fla. R. Civ. P.
6. Noticing the hearing for the day before Thanksgiving while knowing that
Defendants' counsel was not available was done for no other reason than to annoy and/or create
an undue burden for the Defendants.
7. V/hile Plaintiffls counsel maintains that "time is of the essence", it is Plaintiffs
counsel that chose to move to amend his complaint on the eve of trial. Undersigned counsel
should not be forced to rearrange out-of-state obligations due to Plaintifls litigation choices.
WHEREFORE, Defendants HARINATH SHEELA, M.D. and DIGESTIVE AND
LIVER CENTER OF FLORIDA P.4., respectfully request this Court enter an order of protection
with respect to the above-referenced hearing on Plaintiffls motion to amend for punitive
damages.
2
CERTIFI OF'SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
electronic mail this 5th 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.
-.f ..*. n
-tX -.:;!¡l,{¿.{.6-:
By ¡t¡
ROGELI J. FONTELA (FBN: 09s6473)
\il. BENNETT CARTBR, JR. (FBN: 90952)
Dennis, Jackson, Martin & Fontela, P.A.
1591 Summit Lake Drive, Suite 200
Tallahassee,FL 32371
(8s0) 422-334s
(850) 422-1325 (Fax)
Attorney for Defendants Harinath Sheela, M.D. and
Digestive and Liver Center of Florida, P.A.
a
J
EXHIBIT
1
Filing # 33871257 E-Flled l0/30/2015 09:55:39 AM
IN THI.] CIRCUIT COUR'f OF THE, NINTH JUDICIAI, CIRCIJIT
JN AND F'OIì" OIIANGE COIJN']'Y, FI-ORIDA
MARCELO I)IAZ, as Personal Representative CASE NO. : 200tÌ-CA- I 1 228-0
of the Estate of IÌERMINIADIAZ,
Plaintiff,
VS.
HARINATI-I SI-IEELA, M.D., DIGESTIVE AND
LIVER CENTER OF FLORIDA, P.A.; ADVENTIST
FIEALTH SYSTEM/SUNBELT, INC. dibla FLORIDA
FIOSPÍIAL ORLANDO and dlbla FLORIDA
HOSPITAL APOPKA; JIINIAS DESAMOUR, M.D.;
MID-IILORIDA HOSPITAL SPECIALISTS, P.A.
Defendants.
NqIIÇE O.r VNAYAILBILITY
NOTICE IS HEREBY GIVEN the undersigned attomey, Rogelio J. Fontela, will be
absent from jurisdiction and unavailable during the following period: November 23-27 ,2015,
In connection therewith, the undersigned attorney respectfully requests that no trials,
depositions, hearings or other matters be set or scheduled in the above captionecl matter.
çnßTrFrqaTE oF sERVrcE
I HEREBY CERTIFY that a true and correct copy ofìthe foregoing was furnished by
electronic mail this 3Oth day of October, 2015 to: Carlos R. Diez-,4.rguelles, Esquire, Diez-
Arguelles & Treiedor, 505 North Mills Avenue, Orlando, Florida 328A3.
DENNIS, JACKSON, MAIìTIN
& FONTELA, P.A.
-r'! ,
d'' ¡,';1 <{t8
":'.. r,',1
, ;ít" ,'- i{"'t..t1..'
ROGELId J. FONTBLA (FBN: 0956473)
Dennis,.Tackson, Martin & Fontela, P.A.
1591 Summit l.,ake Drive, Suite 200
fallahassee , FL,32317
(8s0) 422-334s
(85Ð 422-1325 (Fax)
Attorney for I)efendants Ilarinath Slieeler, M.D. ancl
Digestive and Liver Center of lìloricla, P.A.
EXHIBIT
2
IN THE CIRCUIT COUIìT O}- THE NINTI'I .TUDICIAL CIRCUIT,
IN AND FOR ORANGE COLINTY, FLORIDA
MARCELO DIAZ, as Personal
CASE NO: 2008-CA-1 1 228-0
Representative of the Estate of
I.IERMINIA DTAZ
Plaintiff,
VS,
HARINATH Si{EELA, M,D. and
DIGESTIVE AND LIVER CENTER
OF FLORIDA, P,A.
Defendants
NOTICE OF HEARING
(1/2 Hour Reieived)
PLEASE TAKE NOTICE that at 9:15 a.m. on November 25,2015, or as soon
thereafter as counsel can be heard, the unclersigned will bring on to be heald the
plaintiffs Motion to Amend for Punitive Damages before The llonorable Janet C.
Thorpe, one of the Judges of the above Court, in the Courthouse in Orlauclo, Court Room
Orange County, Florida,
çEBTI4,IçATP Pq'..C gMPLIAN CE
I HEREBy CERTIFY that the undersigned who has full authority to resolve this
matter cornmunicated with defense counsel in a good faith effort to coorclinate the
scheduling of this hearing. Specifically, counsel communicatecl on October 29,2015 af
9:11 a.m. and2:5Zp.rn, to request defense counsel's availability forNoveml¡et25,2015'
Defense counsel informed plaintifls counsel that he was not available and subsequently
filed a Notice of Unayailability, Plaintiff's counsel then communicated at 10:04 a,ln' on
30,2015 to request defense counsel's availability on December 1,2015 and at
October
10:08 a.m. defense counsel advised that he disagreecl with the scheduling of the hearing
based on the allotted time of 30 minutes and woulcl bring the scheduling dispute to the
Court' s attention at the scheduled Status l{earing on Novemb er 6, 2015 ' This case is on
the Decemb er 7 ,2015 trial clocket and time is of the essence'
çERTITICATII OF SERVIC-E
I HEREBy CERTIFY that on this 30th day of October, 2015, I electronically
filed the foregoilg Notice of Hearing with the Clerk of the Courts by using the E-Filing
Portal System. I also certify that I fi.rrnished a true and correct copy via e-mail
transrnission to: Rogelio Fontela, Esq. of Dennis, Jackson, Martin & Fontela, P'A', 1591
Summit Lake DriVe, Suite 200, Tallahassee, FL 32317 at roger@djmf-law'com,
ben@djmf-law.com, Jessica@djmf-law. com, nikki@djmf-law'com'
/s/Carlos R. Diez-Arguelles , Esquire
Carlos R, Diez-Arguelles, Esq.
Diez-Arguelles &'Iejedor, P,A.
505 N. Mills Ave.
Orlando, FL 32803
(407)70s-2880
Florida Bar No. 0500569
Counsel for the Plaintiff
Primary Email address:
andolawyers.com
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Filing # 34125892 E-Filed 11/05/2015 03:21:49 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- C A-l 1228-0 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 dlbla FLORIDA HOSPITAL APOPKA; JUNIAS DESAMOUR, M.D.; MID-FLORIDA HOSPITAL SPECIALISTS, P.A. Defendants DEFENDANTS. HARINATH SHEELA. M.D. AND DIGF],STIVE, AND LIVER CENTER ON FOR PROTECTIVE Defendants, HARINATH SHEELA, M.D. and DIGESTIVE AND LIVER CENTER OF FLORIDA P.A. ("Defendants"), by and through their undersigned counsel and pursuant to Rule 1.280(c) of the Florida Rules of Civil Procedure, move this court for a protective order from Plaintiff s notice of hearing on his motion to amend for punitive damages and state as follows: 1. On October 28,2015, Plaintiff fìled a motion to amend for punitive damages. 2. Two days later, undersigned counsel filed a notice of unavailability in the current matter for the time period of Novemb er 23 -27 , 2015 . See Exhibit 1. During this time period, undersigned counsel will be out of state for the Thanksgiving holidays. 3. On October 30,2075, one day after Defendants' counsel filed and served the above-referenced notice of unavailability, Plaintiffls counsel unilaterally set hearing on his motion to amend for punitive damages for November 25,2015. ,See Exhibit 2. I 4. Plaintiff s counsel readily admits in this notice that he was fully aware that Defendants' counsel was not available the day before Thanksgiving for a hearing on Plaintiffls motion, yet still decided to unilaterally file his notice. Id. at"Cefüficate of Compliance". 5. Upon motion by the person from whom discovery is sought, and for good cause shown, the court may protect aparty or person "from annoyance, embarrassment, oppression or undue burden or expense that justice requites. .. ." 1.280(c), Fla. R. Civ. P. 6. Noticing the hearing for the day before Thanksgiving while knowing that Defendants' counsel was not available was done for no other reason than to annoy and/or create an undue burden for the Defendants. 7. V/hile Plaintiffls counsel maintains that "time is of the essence", it is Plaintiffs counsel that chose to move to amend his complaint on the eve of trial. Undersigned counsel should not be forced to rearrange out-of-state obligations due to Plaintifls litigation choices. WHEREFORE, Defendants HARINATH SHEELA, M.D. and DIGESTIVE AND LIVER CENTER OF FLORIDA P.4., respectfully request this Court enter an order of protection with respect to the above-referenced hearing on Plaintiffls motion to amend for punitive damages. 2 CERTIFI OF'SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by electronic mail this 5th 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. -.f ..*. n -tX -.:;!¡l,{¿.{.6-: By ¡t¡ ROGELI J. FONTELA (FBN: 09s6473) \il. BENNETT CARTBR, JR. (FBN: 90952) Dennis, Jackson, Martin & Fontela, P.A. 1591 Summit Lake Drive, Suite 200 Tallahassee,FL 32371 (8s0) 422-334s (850) 422-1325 (Fax) Attorney for Defendants Harinath Sheela, M.D. and Digestive and Liver Center of Florida, P.A. a J EXHIBIT 1 Filing # 33871257 E-Flled l0/30/2015 09:55:39 AM IN THI.] CIRCUIT COUR'f OF THE, NINTH JUDICIAI, CIRCIJIT JN AND F'OIì" OIIANGE COIJN']'Y, FI-ORIDA MARCELO I)IAZ, as Personal Representative CASE NO. : 200tÌ-CA- I 1 228-0 of the Estate of IÌERMINIADIAZ, Plaintiff, VS. HARINATI-I SI-IEELA, M.D., DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A.; ADVENTIST FIEALTH SYSTEM/SUNBELT, INC. dibla FLORIDA FIOSPÍIAL ORLANDO and dlbla FLORIDA HOSPITAL APOPKA; JIINIAS DESAMOUR, M.D.; MID-IILORIDA HOSPITAL SPECIALISTS, P.A. Defendants. NqIIÇE O.r VNAYAILBILITY NOTICE IS HEREBY GIVEN the undersigned attomey, Rogelio J. Fontela, will be absent from jurisdiction and unavailable during the following period: November 23-27 ,2015, In connection therewith, the undersigned attorney respectfully requests that no trials, depositions, hearings or other matters be set or scheduled in the above captionecl matter. çnßTrFrqaTE oF sERVrcE I HEREBY CERTIFY that a true and correct copy ofìthe foregoing was furnished by electronic mail this 3Oth day of October, 2015 to: Carlos R. Diez-,4.rguelles, Esquire, Diez- Arguelles & Treiedor, 505 North Mills Avenue, Orlando, Florida 328A3. DENNIS, JACKSON, MAIìTIN & FONTELA, P.A. -r'! , d'' ¡,';1 <{t8 ":'.. r,',1 , ;ít" ,'- i{"'t..t1..' ROGELId J. FONTBLA (FBN: 0956473) Dennis,.Tackson, Martin & Fontela, P.A. 1591 Summit l.,ake Drive, Suite 200 fallahassee , FL,32317 (8s0) 422-334s (85Ð 422-1325 (Fax) Attorney for I)efendants Ilarinath Slieeler, M.D. ancl Digestive and Liver Center of lìloricla, P.A. EXHIBIT 2 IN THE CIRCUIT COUIìT O}- THE NINTI'I .TUDICIAL CIRCUIT, IN AND FOR ORANGE COLINTY, FLORIDA MARCELO DIAZ, as Personal CASE NO: 2008-CA-1 1 228-0 Representative of the Estate of I.IERMINIA DTAZ Plaintiff, VS, HARINATH Si{EELA, M,D. and DIGESTIVE AND LIVER CENTER OF FLORIDA, P,A. Defendants NOTICE OF HEARING (1/2 Hour Reieived) PLEASE TAKE NOTICE that at 9:15 a.m. on November 25,2015, or as soon thereafter as counsel can be heard, the unclersigned will bring on to be heald the plaintiffs Motion to Amend for Punitive Damages before The llonorable Janet C. Thorpe, one of the Judges of the above Court, in the Courthouse in Orlauclo, Court Room Orange County, Florida, çEBTI4,IçATP Pq'..C gMPLIAN CE I HEREBy CERTIFY that the undersigned who has full authority to resolve this matter cornmunicated with defense counsel in a good faith effort to coorclinate the scheduling of this hearing. Specifically, counsel communicatecl on October 29,2015 af 9:11 a.m. and2:5Zp.rn, to request defense counsel's availability forNoveml¡et25,2015' Defense counsel informed plaintifls counsel that he was not available and subsequently filed a Notice of Unayailability, Plaintiff's counsel then communicated at 10:04 a,ln' on 30,2015 to request defense counsel's availability on December 1,2015 and at October 10:08 a.m. defense counsel advised that he disagreecl with the scheduling of the hearing based on the allotted time of 30 minutes and woulcl bring the scheduling dispute to the Court' s attention at the scheduled Status l{earing on Novemb er 6, 2015 ' This case is on the Decemb er 7 ,2015 trial clocket and time is of the essence' çERTITICATII OF SERVIC-E I HEREBy CERTIFY that on this 30th day of October, 2015, I electronically filed the foregoilg Notice of Hearing with the Clerk of the Courts by using the E-Filing Portal System. I also certify that I fi.rrnished a true and correct copy via e-mail transrnission to: Rogelio Fontela, Esq. of Dennis, Jackson, Martin & Fontela, P'A', 1591 Summit Lake DriVe, Suite 200, Tallahassee, FL 32317 at roger@djmf-law'com, ben@djmf-law.com, Jessica@djmf-law. com, nikki@djmf-law'com' /s/Carlos R. Diez-Arguelles , Esquire Carlos R, Diez-Arguelles, Esq. Diez-Arguelles &'Iejedor, P,A. 505 N. Mills Ave. Orlando, FL 32803 (407)70s-2880 Florida Bar No. 0500569 Counsel for the Plaintiff Primary Email address: andolawyers.com