Preview
Filing # 129446911 E-Filed 06/24/2021 02:51:53 PM
IN THE CIRCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
CASE NUMBER: 01-2020-CA-001350
Circuit Civil Division K
BRENDA SNOW,
Plaintiff,
-Vs-
SHANDS TEACHING HOSPITAL AND CLINICS INC. and
UNIVERSITY OF FLORIDA BOARD OF TRUSTEES,
Defendants.
IRDER ON PLAINTIFF'S MOTION T' MMPEL BETTER RE: INSES FROM
DEFENDANTS
This cause came before the court on Plaintiff's Motion to Compel Better Responses to Plaintiff's
First Set of Interrogatories and First Request to Produce directed at each defendant. After multiple
extended hearings, the court ruled on Plaintiff's Motion to Compel Better Interrogatory Responses
from UF Board of Trustees and a separate order was entered on that motion. Having reviewed the
pleadings (excluding the untimely filed Affidavit provided by Defendants after the final hearing on
this matter) and the applicable case law and statutes, the court is informed of the premesis. It is
therefore ORDERED:
On Plaintiff's Motion to Compel Better Responses to Request to Production from UF Board of
Trustees: The objections to # 8, 14, and 17 are overruled. In response #9, Defendant indicated that
it would provide the requested documents; plaintiff alleges that they have not provided those
documents. To the extent that they have not been provided, the documents shall be provided within
ten (10) days. The objection to response #11 is overruled; if such a list exists, it should be
provided; if not, Defendant shall so state. Objection #15 is overruled and the court notes that no
privilege log has been timely filed. Responsive documents to requests to # 24, 25, and 26 shall be
provided by Defendant to the court for an in camera inspection so that the court may determine
relevancy before any ruling is made and/or release of the documents to Plaintiff is permitted. The
objection to #27 is overruled, except that the request is limited in timeframe to include policies, etc.
in effect from two (2) years prior to the date of the incident up and until the date of the incident in
question. Finally, the court's notes reflect that the "parties have resolved" objection #13 and
01-2020-CA-001350 Page 1 of 4
"2020 CA 001350" 129446911 Filed at Alachua County Clerk 06/24/2021 02:52:53 PM EDTtherefore, the court declines to rule on that objection.
On Plaintiff's Motion to Compel Better Interrogatory Responses from Shands Teaching Hospital:
As to objection #7, the objection is sustained to the extent that the medical records identify the
individual's interest in the matter, and over-ruled to the extent that the records do not identify the
individual's interest in the matter (ex. If Jane Doe is referenced in a medical record and from the
face of the document in which she is referenced it is not clearly ascertainable that she is a nurse or a
treating physician or an eyewitness to the case, then Defendant shall compile a list of names which
identifies each individual's interest in this matter). Objections to #9, 13, 16, 17, and 18 are
overruled.
On Plaintiff's Motion to Compel Better Request to Produce Responses from Shands Teaching
Hospital: As to objections to #8, 9, 10, and 11, the objections are overruled. The objection to #13
is sustained (request is overbroad). Objections # 14, 15, 17, and 21 are overruled. Objection #23 is
sustained; however, if there are any consents forms/waivers, releases or other documents signed by,
or on behalf of Plaintiff that are outside of the medical records, those shall be produced. The
documents requested in #24 shall be provided to the court for an in camera inspection so that the
court may determine relevancy before any ruling is made and/or release of the documents to
Plaintiff is permitted. The objections to #27 and 28 are overruled.
Plaintiffs Motion to Compel Better Answers is GRANTED in each instance where the court has
overruled Defendants’ objections. Responses for all overruled objections shall be provided within
ten (10) days of the date of service of this order. Any documents that are required to be provided to
the Court for in camera inspection shall be sent to the court at the undersigned's chambers, within
ten (10) days of service of this order, via over-night delivery, with correspondence clearly
indicating that "Documents are For In Camera Inspection Only; Do Not File with Clerk”.
FURTHER ORDERED: Defendants were unable to confirm, with any degree of certainty, even at
the second hearing on these motions whether any Amendment 7 documents even existed to which
they objected, how many documents might exist (if they do in fact exist, at all), or the nature of the
documents/what type of documents might exist. Plaintiff's June 15, 2021 correspondence with the
court (on which Defendants were copied) indicated that even after being ordered to a "meet and
confer" conference to discuss the pending issues relating to the Amendment 7 issues after the
second hearing on these issues, Defendants were unable to confirm whether any such documents
even exist, despite their written objections to same and despite the multiple hours of time that were
spent by this court and by Plaintiff's counsel on this issue. This obstructionist practice and
gamesmanship has no place in the discovery process and has resulted in un-necessary time being
spent by Plaintiff in order to obtain a ruling that may be, or may not be, directed to any
real discovery documents in this case. As a sanction, this court finds that Plaintiff is entitled to
attorney's fees incurred directly, or indirectly, in association with the preparation and filing of the
four (4) motions filed, the hearings associated with these motions, the meet and confer meeting(s)
on those motions, and any other reasonable hours dedicated by Plaintiff to the pursuit of these
01-2020-CA-001350 Page 2 of 4rulings. The parties shall attempt to agree as to an amount of fees and if the parties are unable to
reach an agreement, the Court reserves jurisdiction to determine the amount of fees due Plaintiff, at
a subsequent hearing to be scheduled by the parties.
DONE AND ORDERED on Wednesday, June 23, 2021.
Monica Brasington, Circuit Judge
01-2020-CA-001350 06/23/2021 06:03:00 PM
01-2020-CA-001350 Page 3 of 4CERTIFICATE OF SERVICE
I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida
Courts E-Filing Portal on Thursday, June 24, 2021, to the following:
ANDREA A LEWIS, ESQ
lewisteam@searcylaw.com
alewis@searcylaw.com
mweschrek @searcylaw.com
FRANCIS E PIERCE, III ESQ
litpleadings @ mateerharbert.com
ckozimor@ mateerharbert.com
CHRISTINE R DAVIS, ESQ. WILBERT R VANCOL, ESQ
cdavis @carltonfields.com NOS @mmdorl.com
sdouglas@carltonfields.;com — mcarter@mmdorl.com
kpullen @carltonfields.com wvancol@mmdorl.com
Jessamyn Moring
jmoring@mmdorl.com
Ruby Dury Jul sane 02:51:37 PM
Under the Americans with Disabilities Act, if you are a person with a disability
who needs any accommodation in order to participate in a proceeding, you are
entitled to be provided with certain assistance at no cost to you. Please contact
the ADA Coordinator at (352) 337-6237 at least 7 days before your scheduled
court appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than 7 days. If you are hearing or voice
impaired, call 1-800-955-8770 via Florida Relay Service.
01-2020-CA-001350 Page 4 of 4
Preview
Filing # 129446911 E-Filed 06/24/2021 02:51:53 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA CASE NUMBER: 01-2020-CA-001350 Circuit Civil Division K BRENDA SNOW, Plaintiff, -Vs- SHANDS TEACHING HOSPITAL AND CLINICS INC. and UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, Defendants. IRDER ON PLAINTIFF'S MOTION T' MMPEL BETTER RE: INSES FROM DEFENDANTS This cause came before the court on Plaintiff's Motion to Compel Better Responses to Plaintiff's First Set of Interrogatories and First Request to Produce directed at each defendant. After multiple extended hearings, the court ruled on Plaintiff's Motion to Compel Better Interrogatory Responses from UF Board of Trustees and a separate order was entered on that motion. Having reviewed the pleadings (excluding the untimely filed Affidavit provided by Defendants after the final hearing on this matter) and the applicable case law and statutes, the court is informed of the premesis. It is therefore ORDERED: On Plaintiff's Motion to Compel Better Responses to Request to Production from UF Board of Trustees: The objections to # 8, 14, and 17 are overruled. In response #9, Defendant indicated that it would provide the requested documents; plaintiff alleges that they have not provided those documents. To the extent that they have not been provided, the documents shall be provided within ten (10) days. The objection to response #11 is overruled; if such a list exists, it should be provided; if not, Defendant shall so state. Objection #15 is overruled and the court notes that no privilege log has been timely filed. Responsive documents to requests to # 24, 25, and 26 shall be provided by Defendant to the court for an in camera inspection so that the court may determine relevancy before any ruling is made and/or release of the documents to Plaintiff is permitted. The objection to #27 is overruled, except that the request is limited in timeframe to include policies, etc. in effect from two (2) years prior to the date of the incident up and until the date of the incident in question. Finally, the court's notes reflect that the "parties have resolved" objection #13 and 01-2020-CA-001350 Page 1 of 4 "2020 CA 001350" 129446911 Filed at Alachua County Clerk 06/24/2021 02:52:53 PM EDTtherefore, the court declines to rule on that objection. On Plaintiff's Motion to Compel Better Interrogatory Responses from Shands Teaching Hospital: As to objection #7, the objection is sustained to the extent that the medical records identify the individual's interest in the matter, and over-ruled to the extent that the records do not identify the individual's interest in the matter (ex. If Jane Doe is referenced in a medical record and from the face of the document in which she is referenced it is not clearly ascertainable that she is a nurse or a treating physician or an eyewitness to the case, then Defendant shall compile a list of names which identifies each individual's interest in this matter). Objections to #9, 13, 16, 17, and 18 are overruled. On Plaintiff's Motion to Compel Better Request to Produce Responses from Shands Teaching Hospital: As to objections to #8, 9, 10, and 11, the objections are overruled. The objection to #13 is sustained (request is overbroad). Objections # 14, 15, 17, and 21 are overruled. Objection #23 is sustained; however, if there are any consents forms/waivers, releases or other documents signed by, or on behalf of Plaintiff that are outside of the medical records, those shall be produced. The documents requested in #24 shall be provided to the court for an in camera inspection so that the court may determine relevancy before any ruling is made and/or release of the documents to Plaintiff is permitted. The objections to #27 and 28 are overruled. Plaintiffs Motion to Compel Better Answers is GRANTED in each instance where the court has overruled Defendants’ objections. Responses for all overruled objections shall be provided within ten (10) days of the date of service of this order. Any documents that are required to be provided to the Court for in camera inspection shall be sent to the court at the undersigned's chambers, within ten (10) days of service of this order, via over-night delivery, with correspondence clearly indicating that "Documents are For In Camera Inspection Only; Do Not File with Clerk”. FURTHER ORDERED: Defendants were unable to confirm, with any degree of certainty, even at the second hearing on these motions whether any Amendment 7 documents even existed to which they objected, how many documents might exist (if they do in fact exist, at all), or the nature of the documents/what type of documents might exist. Plaintiff's June 15, 2021 correspondence with the court (on which Defendants were copied) indicated that even after being ordered to a "meet and confer" conference to discuss the pending issues relating to the Amendment 7 issues after the second hearing on these issues, Defendants were unable to confirm whether any such documents even exist, despite their written objections to same and despite the multiple hours of time that were spent by this court and by Plaintiff's counsel on this issue. This obstructionist practice and gamesmanship has no place in the discovery process and has resulted in un-necessary time being spent by Plaintiff in order to obtain a ruling that may be, or may not be, directed to any real discovery documents in this case. As a sanction, this court finds that Plaintiff is entitled to attorney's fees incurred directly, or indirectly, in association with the preparation and filing of the four (4) motions filed, the hearings associated with these motions, the meet and confer meeting(s) on those motions, and any other reasonable hours dedicated by Plaintiff to the pursuit of these 01-2020-CA-001350 Page 2 of 4rulings. The parties shall attempt to agree as to an amount of fees and if the parties are unable to reach an agreement, the Court reserves jurisdiction to determine the amount of fees due Plaintiff, at a subsequent hearing to be scheduled by the parties. DONE AND ORDERED on Wednesday, June 23, 2021. Monica Brasington, Circuit Judge 01-2020-CA-001350 06/23/2021 06:03:00 PM 01-2020-CA-001350 Page 3 of 4CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida Courts E-Filing Portal on Thursday, June 24, 2021, to the following: ANDREA A LEWIS, ESQ lewisteam@searcylaw.com alewis@searcylaw.com mweschrek @searcylaw.com FRANCIS E PIERCE, III ESQ litpleadings @ mateerharbert.com ckozimor@ mateerharbert.com CHRISTINE R DAVIS, ESQ. WILBERT R VANCOL, ESQ cdavis @carltonfields.com NOS @mmdorl.com sdouglas@carltonfields.;com — mcarter@mmdorl.com kpullen @carltonfields.com wvancol@mmdorl.com Jessamyn Moring jmoring@mmdorl.com Ruby Dury Jul sane 02:51:37 PM Under the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation in order to participate in a proceeding, you are entitled to be provided with certain assistance at no cost to you. Please contact the ADA Coordinator at (352) 337-6237 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired, call 1-800-955-8770 via Florida Relay Service. 01-2020-CA-001350 Page 4 of 4