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Filing # 133294239 E-Filed 08/24/2021 01:06:59 PM
IN THE CIRCUIT COURT OF THE
EIGHTH JUDICIAL CIRCUIT IN AND
FOR ALACHUA COUNTY, FLORIDA
BRENDA SNOW,
Plaintiff, Case No. 2020-CA-001350
v.
SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH SHANDS
HOSPITAL, a Florida non-profit corporation;
and UNIVERSITY OF FLORIDA BOARD
OF TRUSTEES d/b/a UF HEALTH EYE
CENTER, a Florida Public Body Corporate,
Defendants.
/
AGREED MOTION TO STAY EFFECT OF PORTIONS OF
COURT’S AUGUST 16, 2021 ORDER PENDING CERTIORARI REVIEW
Defendants Shands Teaching Hospital and Clinics, Inc. d/b/a UF Health
Shands Hospital and University of Florida Board of Trustees d/b/a UF Health
Eye Center (collectively “Defendants”), move the Court to stay the effect of certain
portions of its August 16, 2021 Amended Order Granting, In Part, and Denying,
In Part, Defendants’ Motion for Reconsideration. In support, Defendants state as
follows.
1. On July 1, 2021, this Court entered an Amended Order overruling
certain of Defendants’ objections to Plaintiff's discovery requests. Defendants
thereafter moved the Court to reconsider certain portions of its Order.
2. While Defendants’ motion for reconsideration was pending,
Defendants timely filed a petition for writ of certiorari in the First District Court
of Appeal seeking review of the Court’s July 1, 2021 order, to ensure they did
"2020 CA 001350" 133294239 Filed at Alachua County Clerk 08/24/2021 01:07:03 PM EDTnot waive any right to seek review of the order.
3. This Court issued its order on Defendants’ Motion for
Reconsideration on August 16, 2021, granting and denying the motion in part
and requiring Defendants to produce certain information within 10 days.
4. Upon receipt of the Court’s August 16th order, Defendants filed an
unopposed motion for leave to file an amended certiorari petition in the First
District because the Court’s order on Defendants’ motion for reconsideration
directly impacts the order on review in the initial certiorari proceeding.
Defendants requested 30 days from the date of the Court’s August 16th order to
file their amended petition.
5. In their amended petition for writ of certiorari, Defendants intend to
seek review of the Court’s rulings as set forth in sections A and B (at pages 1-2)
and paragraphs 2 and 3 (at pages 5-6) of the Court’s August 16th Order. These
rulings relate to the discovery of information sought under Amendment 7.
Defendants have, or will by the Court’s deadline, comply with the remainder of
the Court’s order.
6. To effectuate meaningful appellate review of the Court’s order, the
parties have agreed to a stay of the above-referenced portions of the Court’s order
pending the resolution of the certiorari proceeding in the First District Court of
Appeal.
7. Undersigned counsel is authorized to represent that Plaintiff's
counsel does not object to this Motion or the Proposed Order attached hereto.
WHEREFORE, Defendants request that the Court enter an order stayingthe effect of section A and B and paragraphs 2 and 3 of the Court’s August 16,
2021 Order pending resolution of the certiorari proceeding in the First District
Court of Appeal. A proposed order is included as Exhibit A.
Respectfully submitted,
/s/ Christine R. Davis
Christine R. Davis (FBN 569372)
CARLTON FIELDS, P.A.
215 S. Monroe St., Suite 500
Tallahassee, FL 32301
Telephone: (850) 224-1585
Email: cdavis@carltonfields.com
sdouglas@caritonfields.com
Co-Counsel for Defendants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct coping of the foregoing has
been served by e-mail to the following on this 24th day of August, 2021.
Andrea A. Lewis
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409
lewisteam@searcylaw.com
mweschrek@searcylaw.com
Counsel for Plaintiff
Francis E. Pierce
Mateer Harbert, P.A.
225 E. Robinson St., Suite 600
Orlando, FL 32801
mdavis@mateerharbert.com
litpleadings@mateerharbert.com
ckozimor@mateerharbert.com
Counsel for Defendant Shands Teaching Hosp. & Clinics, Inc.
Rafael E. Martinez
Wilbert R. Vancol
McEwan, Martinez, Dukes & Hall, P.A.
P.O. Box 753Orlando, FL 32802
NOS@mmdorl.com
wvancol@mmdorl.com
mearter@mmdorl.com
rmartinez@mmdorl.com
glichtenberger@mimdorl.com
dmealpin@mmdorl.com
Counsel for Defendant Univ. of Fla. Bd. of Trustees
/s/ Christine R. Davis
Christine R. Davis (FBN 569372)EXHIBIT AIN THE CIRCUIT COURT OF THE
EIGHTH JUDICIAL CIRCUIT IN AND
FOR ALACHUA COUNTY, FLORIDA
BRENDA SNOW,
Plaintiff, Case No. 2020-CA-001350
Vv.
SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH SHANDS
HOSPITAL, a Florida non-profit corporation;
and UNIVERSITY OF FLORIDA BOARD
OF TRUSTEES d/b/a UF HEALTH EYE
CENTER, a Florida Public Body Corporate,
Defendants.
/
AGREED ORDER GRANTING MOTION TO STAY EFFECT OF
PORTIONS OF COURT’S AUGUST 16, 2021 ORDER ON
DEFENDANTS’ MOTION FOR RECONSIDERATION
THIS CAUSE having come before the Court regarding Defendants’ Agreed
Motion to Stay Effect of Court’s August 16, 2021 Order on Defendants’ Motion
for Reconsideration Pending Certiorari Review, and the Court having been
advised that the parties have come to an agreement and is otherwise fully advised
in the premises, it is hereby
ORDERED AND ADJUDGED that Defendants’ Motion is hereby GRANTED
and sections A and B and paragraphs 2 and 3 of the Court’s August 16, 2021
Order on Defendants’ Motion for Reconsideration are hereby STAYED pending
resolution of the petition for writ of certiorari proceedings in the First District
Court of Appeal.
DONE AND ORDERED in Chambers at the Alachua County Family & CivilJustice Center, Gainesville, Florida, on August , 2021.
The Honorable Monica Brasington
Circuit Judge
COUNSEL LIST
Andrea A. Lewis, Esq.
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
Phone: (561) 686-6300
Primary E-Mail: lewisteam@searcylaw.com
Attorney Email: alewis@searcylaw.com
Secondary Email: mweschrek@searcylaw.com
Attorney for Plaintiff, BRENDA SNOW
Francis E. Pierce, Esq.
Mateer Harbert, P.A.
225 East Robinson Street, Suite 600
Orlando, FL 32801
Phone: (407)425-9044
Primary Email: litpleadings@mateerharbert.com
Secondary Email: mdavis@mateerharbert.com
Secondary Email: ckozimor@mateerharbert.com
Attorneys for SHANDS TEACHING HOSPITAL AND CLINICS, INC.
Rafael E. Martinez, Esq.
Wilbert R. Vancol. Esq.
McEwan, Martinez, Dukes & Hall, P.A.
Post Office Box 753
Orlando, FL 32802-0753
Phone: (407)423-8571
Primary Email: NOS@mmdorl.com
Primary Email: wvancol@mmdorl.com
Primary Email: mcarter@mmdorl.com
Attorney Email: rmartinez@mmdorl.com
Secondary Email: glichtenberger@mmdorl.com
Secondary Email: dmcalpin@mmdorl.com
Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES
d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate
Christine R. Davis, Esquire
CARLTON FIELDS, P.A.215 South Monroe Street, Suite 500
Tallahassee, FL 32301
Phone: (850)224-1585
Email: cdavis@carltonfields.com
Email: sdouglas@caritonfields.com
Appellate Counsel for Defendants, SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL AND UNIVERSITY OF
FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER
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Filing # 133294239 E-Filed 08/24/2021 01:06:59 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA BRENDA SNOW, Plaintiff, Case No. 2020-CA-001350 v. SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL, a Florida non-profit corporation; and UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate, Defendants. / AGREED MOTION TO STAY EFFECT OF PORTIONS OF COURT’S AUGUST 16, 2021 ORDER PENDING CERTIORARI REVIEW Defendants Shands Teaching Hospital and Clinics, Inc. d/b/a UF Health Shands Hospital and University of Florida Board of Trustees d/b/a UF Health Eye Center (collectively “Defendants”), move the Court to stay the effect of certain portions of its August 16, 2021 Amended Order Granting, In Part, and Denying, In Part, Defendants’ Motion for Reconsideration. In support, Defendants state as follows. 1. On July 1, 2021, this Court entered an Amended Order overruling certain of Defendants’ objections to Plaintiff's discovery requests. Defendants thereafter moved the Court to reconsider certain portions of its Order. 2. While Defendants’ motion for reconsideration was pending, Defendants timely filed a petition for writ of certiorari in the First District Court of Appeal seeking review of the Court’s July 1, 2021 order, to ensure they did "2020 CA 001350" 133294239 Filed at Alachua County Clerk 08/24/2021 01:07:03 PM EDTnot waive any right to seek review of the order. 3. This Court issued its order on Defendants’ Motion for Reconsideration on August 16, 2021, granting and denying the motion in part and requiring Defendants to produce certain information within 10 days. 4. Upon receipt of the Court’s August 16th order, Defendants filed an unopposed motion for leave to file an amended certiorari petition in the First District because the Court’s order on Defendants’ motion for reconsideration directly impacts the order on review in the initial certiorari proceeding. Defendants requested 30 days from the date of the Court’s August 16th order to file their amended petition. 5. In their amended petition for writ of certiorari, Defendants intend to seek review of the Court’s rulings as set forth in sections A and B (at pages 1-2) and paragraphs 2 and 3 (at pages 5-6) of the Court’s August 16th Order. These rulings relate to the discovery of information sought under Amendment 7. Defendants have, or will by the Court’s deadline, comply with the remainder of the Court’s order. 6. To effectuate meaningful appellate review of the Court’s order, the parties have agreed to a stay of the above-referenced portions of the Court’s order pending the resolution of the certiorari proceeding in the First District Court of Appeal. 7. Undersigned counsel is authorized to represent that Plaintiff's counsel does not object to this Motion or the Proposed Order attached hereto. WHEREFORE, Defendants request that the Court enter an order stayingthe effect of section A and B and paragraphs 2 and 3 of the Court’s August 16, 2021 Order pending resolution of the certiorari proceeding in the First District Court of Appeal. A proposed order is included as Exhibit A. Respectfully submitted, /s/ Christine R. Davis Christine R. Davis (FBN 569372) CARLTON FIELDS, P.A. 215 S. Monroe St., Suite 500 Tallahassee, FL 32301 Telephone: (850) 224-1585 Email: cdavis@carltonfields.com sdouglas@caritonfields.com Co-Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct coping of the foregoing has been served by e-mail to the following on this 24th day of August, 2021. Andrea A. Lewis Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 lewisteam@searcylaw.com mweschrek@searcylaw.com Counsel for Plaintiff Francis E. Pierce Mateer Harbert, P.A. 225 E. Robinson St., Suite 600 Orlando, FL 32801 mdavis@mateerharbert.com litpleadings@mateerharbert.com ckozimor@mateerharbert.com Counsel for Defendant Shands Teaching Hosp. & Clinics, Inc. Rafael E. Martinez Wilbert R. Vancol McEwan, Martinez, Dukes & Hall, P.A. P.O. Box 753Orlando, FL 32802 NOS@mmdorl.com wvancol@mmdorl.com mearter@mmdorl.com rmartinez@mmdorl.com glichtenberger@mimdorl.com dmealpin@mmdorl.com Counsel for Defendant Univ. of Fla. Bd. of Trustees /s/ Christine R. Davis Christine R. Davis (FBN 569372)EXHIBIT AIN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA BRENDA SNOW, Plaintiff, Case No. 2020-CA-001350 Vv. SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL, a Florida non-profit corporation; and UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate, Defendants. / AGREED ORDER GRANTING MOTION TO STAY EFFECT OF PORTIONS OF COURT’S AUGUST 16, 2021 ORDER ON DEFENDANTS’ MOTION FOR RECONSIDERATION THIS CAUSE having come before the Court regarding Defendants’ Agreed Motion to Stay Effect of Court’s August 16, 2021 Order on Defendants’ Motion for Reconsideration Pending Certiorari Review, and the Court having been advised that the parties have come to an agreement and is otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants’ Motion is hereby GRANTED and sections A and B and paragraphs 2 and 3 of the Court’s August 16, 2021 Order on Defendants’ Motion for Reconsideration are hereby STAYED pending resolution of the petition for writ of certiorari proceedings in the First District Court of Appeal. DONE AND ORDERED in Chambers at the Alachua County Family & CivilJustice Center, Gainesville, Florida, on August , 2021. The Honorable Monica Brasington Circuit Judge COUNSEL LIST Andrea A. Lewis, Esq. Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Phone: (561) 686-6300 Primary E-Mail: lewisteam@searcylaw.com Attorney Email: alewis@searcylaw.com Secondary Email: mweschrek@searcylaw.com Attorney for Plaintiff, BRENDA SNOW Francis E. Pierce, Esq. Mateer Harbert, P.A. 225 East Robinson Street, Suite 600 Orlando, FL 32801 Phone: (407)425-9044 Primary Email: litpleadings@mateerharbert.com Secondary Email: mdavis@mateerharbert.com Secondary Email: ckozimor@mateerharbert.com Attorneys for SHANDS TEACHING HOSPITAL AND CLINICS, INC. Rafael E. Martinez, Esq. Wilbert R. Vancol. Esq. McEwan, Martinez, Dukes & Hall, P.A. Post Office Box 753 Orlando, FL 32802-0753 Phone: (407)423-8571 Primary Email: NOS@mmdorl.com Primary Email: wvancol@mmdorl.com Primary Email: mcarter@mmdorl.com Attorney Email: rmartinez@mmdorl.com Secondary Email: glichtenberger@mmdorl.com Secondary Email: dmcalpin@mmdorl.com Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate Christine R. Davis, Esquire CARLTON FIELDS, P.A.215 South Monroe Street, Suite 500 Tallahassee, FL 32301 Phone: (850)224-1585 Email: cdavis@carltonfields.com Email: sdouglas@caritonfields.com Appellate Counsel for Defendants, SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL AND UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER