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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