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IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO. 2008-CA-011228-O
MARCELO DIAZ, as Personal
Representative of the Estate of HERMINIA
DIAZ,
Plaintiff,
VS.
HARINATH SHEELA, M.D.; DIGESTIVE
AND LIVER CENER 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., and MID-
FLORIDA HOSPITAL SPECIALISTS,
P.A.,
Defendants.
ORDER ON DEFENDANT’S, ADVENTIST HEALTH SYSTEM/SUNBELT, INC.,
d/b/a FLORIDA HOSPITAL ORLANDO and d/b/a FLORIDA HOSPITAL APOPKA,
MOTION IN LIMINE 1 - OMNIBUS
THIS CAUSE having come before the Court on the Defendant’s, ADVENTIST
HEALTH SYSTEM/SUNBELT, INC., d/b/a FLORIDA HOSPITAL ORLANDO and
FLORIDA HOSPITAL APOPKA, Motions in Limine 1 — Omnibus at a hearing on January 3,
2013, and the Court having reviewed the materials, heard argument of counsel and being
otherwise fully advised in the premises, it is hereupon
ORDERED and ADJUDGED as follows:
L Referring to Plaintiff, Decedent and/or Their Family Members as “Victims”.
Based on agreement of the parties, the motion is granted. It is further ordered that there
shall be no reference by defense counsel to the Defendants as “victims”.
Il. Emotion of Plaintiff's Counsel
Based upon agreement of the parties, the motion is hereby granted.
Il. Asking the Jury to “Send a Message” or be the Conscience of the Community,
Ete.
Based upon agreement of the parties, the motion is hereby granted and will be applicable
to all parties and their counsel.
IV. Ethical or Moral Obligation
The motion is hereby granted and will be applicable to all parties and their counsel.
Vv Requests by Defendants to Exclude Certain Evidence
Based upon agreement of the parties, the motion is hereby granted. The Court further
orders that the Defendants will also be precluded from making any reference to Plaintiff's prior
requests to exclude certain evidence.
VI. Improper Expert Testimony as to Ultimate Issue
The motion is hereby granted and shall be applicable to experts of all parties.
VII. Impeachment Materials
The motion is hereby granted and shall be applicable to all parties.
VIII. Comments Concerning Whether Any of the Healthcare Providers Would Do
Things Differently Today
The motion is hereby denied.
DONE and ORDERED in Chambers at Orlando, Orange County, Florida this 29
day of _Oftawsarag 2013,
HONORABLE PA’ (A DOHERTY
CIRCUIT JUDGE
CONFORMED COPIES TO:
Carlos R. Diez-Arguelles, Esquire, Diez-Arguelles & Tejedor, P.A., mail@theorlandolawyers.com;
Margie@theorlandolawyers.com; Bernadette@theorlandolawyers.com.; Mary J. Hall, Esquire,
McEwan, Martinez & Dukes, P.A., NOS@mmdorl.com; Rogelio J. Fontela, Esquire, Dennis,
Jackson, Martin & Fontela, P.A., Dennis, Jackson, Martin & Fontela, P.A. roger@djmf-law.com;
ben@dimf-law.com; jessica@djmf-law.com., Patrick H. Telan, Esquire, Grower, Ketcham,
Rutherford, Bronson, Eide & Telan, P.A,, phtelan@growerketcham.com;
enotice@growerketcham.com; cboals@growerketcham.com.
OMuw clotow
Judicial Assistant
ic
plementing Electron
Pursuant to the Procedu res Imses Section 4.3,
Civil Ca
Case Filing in Circuit of this order by ECF
any party not re ceiving a COPY ¢ document and
must be provide! da paper copy of thi the filer.
Electronic Filing by
a copy of the Notice of provi ded by the Court,
Paper copies willnot be
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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 2008-CA-011228-O MARCELO DIAZ, as Personal Representative of the Estate of HERMINIA DIAZ, Plaintiff, VS. HARINATH SHEELA, M.D.; DIGESTIVE AND LIVER CENER 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., and MID- FLORIDA HOSPITAL SPECIALISTS, P.A., Defendants. ORDER ON DEFENDANT’S, ADVENTIST HEALTH SYSTEM/SUNBELT, INC., d/b/a FLORIDA HOSPITAL ORLANDO and d/b/a FLORIDA HOSPITAL APOPKA, MOTION IN LIMINE 1 - OMNIBUS THIS CAUSE having come before the Court on the Defendant’s, ADVENTIST HEALTH SYSTEM/SUNBELT, INC., d/b/a FLORIDA HOSPITAL ORLANDO and FLORIDA HOSPITAL APOPKA, Motions in Limine 1 — Omnibus at a hearing on January 3, 2013, and the Court having reviewed the materials, heard argument of counsel and being otherwise fully advised in the premises, it is hereupon ORDERED and ADJUDGED as follows: L Referring to Plaintiff, Decedent and/or Their Family Members as “Victims”. Based on agreement of the parties, the motion is granted. It is further ordered that there shall be no reference by defense counsel to the Defendants as “victims”. Il. Emotion of Plaintiff's Counsel Based upon agreement of the parties, the motion is hereby granted. Il. Asking the Jury to “Send a Message” or be the Conscience of the Community, Ete. Based upon agreement of the parties, the motion is hereby granted and will be applicable to all parties and their counsel. IV. Ethical or Moral Obligation The motion is hereby granted and will be applicable to all parties and their counsel. Vv Requests by Defendants to Exclude Certain Evidence Based upon agreement of the parties, the motion is hereby granted. The Court further orders that the Defendants will also be precluded from making any reference to Plaintiff's prior requests to exclude certain evidence. VI. Improper Expert Testimony as to Ultimate Issue The motion is hereby granted and shall be applicable to experts of all parties. VII. Impeachment Materials The motion is hereby granted and shall be applicable to all parties. VIII. Comments Concerning Whether Any of the Healthcare Providers Would Do Things Differently Today The motion is hereby denied. DONE and ORDERED in Chambers at Orlando, Orange County, Florida this 29 day of _Oftawsarag 2013, HONORABLE PA’ (A DOHERTY CIRCUIT JUDGE CONFORMED COPIES TO: Carlos R. Diez-Arguelles, Esquire, Diez-Arguelles & Tejedor, P.A., mail@theorlandolawyers.com; Margie@theorlandolawyers.com; Bernadette@theorlandolawyers.com.; Mary J. Hall, Esquire, McEwan, Martinez & Dukes, P.A., NOS@mmdorl.com; Rogelio J. Fontela, Esquire, Dennis, Jackson, Martin & Fontela, P.A., Dennis, Jackson, Martin & Fontela, P.A. roger@djmf-law.com; ben@dimf-law.com; jessica@djmf-law.com., Patrick H. Telan, Esquire, Grower, Ketcham, Rutherford, Bronson, Eide & Telan, P.A,, phtelan@growerketcham.com; enotice@growerketcham.com; cboals@growerketcham.com. OMuw clotow Judicial Assistant ic plementing Electron Pursuant to the Procedu res Imses Section 4.3, Civil Ca Case Filing in Circuit of this order by ECF any party not re ceiving a COPY ¢ document and must be provide! da paper copy of thi the filer. Electronic Filing by a copy of the Notice of provi ded by the Court, Paper copies willnot be