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  • CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) SNOW, BRENDA -VS- SHANDS TEACHING HOSPITAL AND CLINICS INC et al PROF. MALPRACTICE - MEDICAL document preview
  • CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) SNOW, BRENDA -VS- SHANDS TEACHING HOSPITAL AND CLINICS INC et al PROF. MALPRACTICE - MEDICAL document preview
  • CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) SNOW, BRENDA -VS- SHANDS TEACHING HOSPITAL AND CLINICS INC et al PROF. MALPRACTICE - MEDICAL document preview
  • CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) SNOW, BRENDA -VS- SHANDS TEACHING HOSPITAL AND CLINICS INC et al PROF. MALPRACTICE - MEDICAL document preview
  • CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) SNOW, BRENDA -VS- SHANDS TEACHING HOSPITAL AND CLINICS INC et al PROF. MALPRACTICE - MEDICAL document preview
  • CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) SNOW, BRENDA -VS- SHANDS TEACHING HOSPITAL AND CLINICS INC et al PROF. MALPRACTICE - MEDICAL document preview
  • CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) SNOW, BRENDA -VS- SHANDS TEACHING HOSPITAL AND CLINICS INC et al PROF. MALPRACTICE - MEDICAL document preview
  • CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) SNOW, BRENDA -VS- SHANDS TEACHING HOSPITAL AND CLINICS INC et al PROF. MALPRACTICE - MEDICAL document preview
						
                                

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Filing # 121675594 E-Filed 02/18/2021 06:25:29 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA. CASE NO: 2020CA001350XXXXXX BRENDA SNOW, Plaintiff(s), vs. 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, Defendant(s). / PLAINTIFF'S MOTION FOR PROTECTIVE ORDER REGARDING THE DEPOSITION OF DR. JOHN SHORE SCHEDULED FOR FRIDAY, FEBRUARY 19, 2021 AT 2:00 P.M. The Plaintiff(s), BRENDA SNOW, by and through their undersigned attorney, files this Motion for Protective Order Regarding the Deposition of Dr. John Shore Scheduled for Friday, February 19, 2021 at 2:00 p.m., and as grounds would state as follows: 1. On February 4, 2020, the Defendant filed an Amended Motion to Compel the Deposition of John W. Shore, M.D. asking that the Court allow the Defendants to depose Dr. Shore regarding his qualifications to render opinions related to Plaintiff's claim for violating §766.110. On February 16, 2021, the Court heard the Defendant’s motion and, although no Order has been entered, the Court granted the Defendant’s motion. 2. Pursuant to the Court’s Order, the Plaintiff began making arrangements for the Defendants to depose Dr. Shore immediately after the February 16, 2021 hearing. This was particularly challenging since Dr. Shore resides in Texas and the State is experiencing a "2020 CA 001350" 121675594 Filed at Alachua County Clerk 02/19/2021 08:15:00 AM ESTSnow, Brenda vs. Shands Teaching Hospital and Clinic, Inc., et al. Case No.: 01-2020-CA-001350 catastrophic weather emergency and severe power outages. Despite these challenges, the Plaintiff worked diligently with Dr. Shore to make all of the necessary arrangements to get Dr. Shore’s deposition scheduled. Upon agreement of the parties, Dr. Shore’s deposition was schedule on Friday, February 19, 2021 at 2:00 p.m. Plaintiff provided the Defendants with Dr. Shore’s fee schedule and advised that he requires prepayment. The Defendant could transfer the money electronically or FedEx a check or forward proof that it had been placed in the mail. 3. Additionally, the Plaintiff informed the Defendants that Plaintiff would be filing a notice of dismissal of the §766.110 claims—the claims in controversy which are the sole basis for the Defendants request to depose Dr. Shore. Plaintiff filed a Notice of Dismissing Claim Regarding Violations of Florida Statute §766.110 Contained Within Counts III and VII of Plaintiff's Amended Complaint the same day on February 17, 2021 (attached as Exhibit A). Plaintiffs notice also included a formal withdrawal of the specific allegations within the Amended Complaint associated with violation of §766.110. 4. Pursuant to the Court’s Order, the Defendants are permitted to depose Dr. Shore regarding his qualifications to render opinion related to Plaintiffs claims for violation of §766.110. As stated above, Plaintiff voluntarily dismissed the claims alleging a violation of §766.110 from its Amended Complaint and went further to formally remove any mention of the statute from the Amended Complaint to prevent any further confusion or controversy. Since the claim had been dismissed—just as the Defendants had requested in their original Motions to Dismiss—the Plaintiff contacted the Defendants to confirm that they no longer needed to depose Dr. Shore about his qualifications to render opinions regarding violations of §766.110 since those claims had been dismissed from Plaintiff's Amended Complaint. Plaintiff did not hear back from either Defendant regarding the issue on February 17, 2021.Snow, Brenda vs. Shands Teaching Hospital and Clinic, Inc., et al. Case No.: 01-2020-CA-001350 5. During the morning of February 18, 2021, Plaintiff made numerous attempts to get confirmation from the Defendants that Dr. Shore’s deposition was no longer necessary. On the afternoon of February 18, 2021, Plaintiff spoke to counsel for the Defendants and was advised that, although UFBOT had insisted on deposing Dr. Shore, they refused to pay his standard fee of $1500.00 for video testimony and/or pay Dr. Shore in advance for his time. 6. Dr. Shore's charge for the deposition is $1,500.00 for the first hour and $450.00 per hour thereafter. Dr. Shore requires prepayment of $1,500.00. Plaintiff has provided Defendant with the doctor's billing information, W9 and wiring instructions. Defendant is now disputing the expert's required deposition fee and intends on challenging his fee with the Court and requesting some sort of discount. Further, the Defendants refuse to pay Dr. Shore any amount of money in advance of his deposition as is customarily done. 7. Dr. Shore has gone out of his way to make himself available for a deposition at the Defendants’ request. Now, after hours have been spent trying to get his deposition scheduled, the Defendants are refusing to pay Dr. Shore for his time. The Defendants have insisted on Dr. Shore making himself available and, now that he has done so, they are refusing to pay him and claiming that his deposition fee is too expensive. As of the filing of this motion, the Defendants have not paid Dr. Shore one cent for his time providing testimony during a deposition that they requested. 8. As such, the Plaintiff is forced to file this emergency Motion for Protective Order. Additionally, the Plaintiff also asks this Court to determine whether the need for Dr. Shore’s deposition is moot given the Plaintiff has withdrawn her claim under §766.110. WHEREFORE, the Plaintiff respectfully requests this Honorable Court enter an Order granting Plaintiff's Motion for Protective Order regarding the Deposition of Dr. John Shore. Additionally, the Plaintiff has withdrawn her §766.110 claim and therefore the deposition is moot.Snow, Brenda vs. Shands Teaching Hospital and Clinic, Inc., et al. Case No.: 01-2020-CA-001350 Defendants should be ordered to Answer the Amended Complaint as set forth in the Court's December 10, 2020 Orders. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 18th day of February, 2021. 4s/Andrea A. Lewis Andrea A. Lewis, Esquire Florida Bar No.: 85331 Primary E-Mail: lewisteam@searcylaw.com Attorney E-Mail: alewis@searcylaw.com Secondary E-Mail: mweschrek@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300/Fax: (561) 383-9402 Attorney for Plaintiffs COUNSEL LIST Andrea A. Lewis, Esq. Florida Bar No.: 85331 Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Phone: (561) 686-6300 Fax: (561) 383-9441 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. Florida Bar No.: 0270921 Mateer Harbert, P.A. 225 East Robinson Street, Suite 600 Orlando, FL 32801 Phone: (407)425-9044 Fax: (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.Snow, Brenda vs. Shands Teaching Hospital and Clinic, Inc., et al. Case No.: 01-2020-CA-001350 Rafael E. Martinez, Esq. Florida Bar No. 0243248 Wilbert R. Vancol. Esq. Florida Bar No. 0093132 McEwan, Martinez, Dukes & Hall, P.A. Post Office Box 753 Orlando, FL 32802-0753 Phone: (407)423-8571 Fax: (407)423-8637 Primary Email: NOS@mmdorl.com Primary Email: wvancol@mmdorl.com Primary Email: mearter@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 CorporateFiling # 121564333 E-Filed 02/17/2021 02:34:19 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA. CASE NO: 2020CA001350XXXXXX BRENDA SNOW, Plaintiff(s), VS. 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, Defendant(s). / PLAINTIFF'S NOTICE OF DISMISSING CLAIM REGARDING VIOLATIONS OF FLORIDA STATUTE §766.110 CONTAINED WITHIN COUNTS I AND VII OF PLAINTIFF'S AMENDED COMPL. The Plaintiff(s), BRENDA SNOW, by and through their undersigned attorney, files this Notice of Dismissing Claim Regarding Violations of Florida Statute §766.110 Contained within Counts III and VII of Plaintiff's Amended Complaint and states as follows: Count III and Count VII of Plaintiff's Amended Complaint each assert claims for negligent hiring, negligent supervision, negligent training, negligent retention and a claim for violating Florida Statute §766.110. Within each of the above-mentioned Counts, Plaintiff hereby dismisses its claims titled “claim under Florida Statute §766.110” and withdraws the associated allegations contained within Paragraphs 40, 78 and 79 of the Amended Complaint. Plaintiff intends to proceed with the remaining negligence claims contained within Count II and Count VII. Exhibit ASnow, Brenda vs. Shands Teaching Hospital and Clinic, Inc., et al. Case No.: 01-2020-CA-001350 I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 17th day of February, 2021. 4s/Andrea A, Lewis Andrea A. Lewis, Esquire Florida Bar No.: 85331 Primary E-Mail: lewisteam@searcylaw.com Attorney E-Mail: alewis@searcylaw.com Secondary E-Mail: mweschrek@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300/Fax: (561) 383-9402 Attorney for Plaintiffs COUNSEL LIST Andrea A. Lewis, Esq. Florida Bar No.: 85331 Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Phone: (561) 686-6300 Fax: (561) 383-9441 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. Florida Bar No.: 0270921 Mateer Harbert, P.A. 225 East Robinson Street, Suite 600 Orlando, FL 32801 Phone: (407)425-9044 Fax: (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. Florida Bar No. 0243248 Wilbert R. Vancol. Esq. Florida Bar No. 0093132Snow, Brenda vs. Shands Teaching Hospital and Clinic, Inc., et al. Case No.: 01-2020-CA-001350 McEwan, Martinez, Dukes & Hall, P.A. Post Office Box 753 Orlando, FL 32802-0753 Phone: (407)423-8571 Fax: (407)423-8637 Primary Email: NOS@mmdorl.com Primary Email: wvancol@mmdorl.com Primary Email: mearter@mmdorl.com Attorney Email: rmartinez@mmdorl.com Secondary Email: glichtenberger@mmdorl.com Secondary Email: dmealpin@mmdorl.com Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate