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Filing # 115759263 E-Filed 10/28/2020 01:47:48 PM
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
BRENDA SNOW, CASE NO. 01-2020-CA-1350
Plaintiffs,
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.
/
ORDER ON DEFENDANT, SHANDS TEACHING HOSPITAL AND CLINICS, INC.’S_
ORE TENUS MOTION TO STRIKE ALLEGATIONS FROM PLAINTIFF’S
AMENDED COMPLAINT
THIS CAUSE coming on to be heard on October 15, 2020, on Defendant, SHANDS
TEACHING HOSPITAL AND CLINICS, INC. ore tenus Motion to Strike Allegations from
Plaintiff’s Amended Complaint, and the court having considered the record and arguments of
counsel, it is THEREUPON
ORDERED AND ADJUDGED as follows:
1. Defendant Shands Teaching Hospital and Clinics, Inc.’s ore tenus Motion to
Strike Allegations from Plaintiff’s Amended Complaint is GRANTED.
2. In Count V, Paragraph 55, of Plaintiff’s Amended Complaint, the second sentence
of that paragraph is stricken as follows: “Additionally, the Defendant held them
out to patients as one of their agents, including on their website, where the
"2020 CA 001350" 115759263 Filed at Alachua County Clerk 10/28/2020 01:47:52 PM EDTDefendant provides profiles on the providers, contact information, the services
they provide, options to pay for the doctor’s services and the ability to make
appointments with the providers.” Paragraph 55 shall read as follows: “Defendant
Shands acknowledged that Gibran Khurshid, M.D., Philip Ames, M.D., Andres
Gonzalez, M.D., Richard Blake, M.D., Jaime Griffin and/or its nurses would act
for it by allowing the Defendants to see and treat patients in the hospital, as
outlined in the contracts between the parties, the Hospital Bylaws, and the
Hospital Rules and Regulations.”
3. In Count V, Paragraph 59, of Plaintiff’s Amended Complaint, the following
“
language is stricken: “...in Alachua County, Florida, or any similar medical
community.” The introductory sentence to Paragraph 59 shall read as follows:
“Notwithstanding the duty undertaken, Defendant SHANDS did or failed to do
one or more of the following acts, any and all of which were departures from the
acceptable professional standards of care.”
DONE AND ORDERED in Chambers at the Alachua County Family & Civil Justice
Center, Gainesville, Florida on Wednesday, October 28, 2020.
Monica Brasington, Circuit Judge
01-2020-CA-001350 10/28/2020 12:31:23 PM
CERTIFICATE 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 Wednesday, October 28, 2020.
ANDREA A LEWIS, ESQ
lewisteam@searcylaw.comalewis@searcylaw.com
mweschrek@searcylaw.com
FRANCIS E PIERCE, II] ESQ
litpleadings@mateerharbert.com
ckozimor@mateerharbert.com
WILBERT R VANCOL, ESQ
NOS@mmdorl.com
mearter@mmdorl.com
wvancol@mmdorl.com
Jessamyn Moring
jmoring@mmdorl.com
Ruby Dunaway, Judical Assistant
01-2020-CA-001350 10/28/2020 01:47:31 PM
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Filing # 115759263 E-Filed 10/28/2020 01:47:48 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA BRENDA SNOW, CASE NO. 01-2020-CA-1350 Plaintiffs, 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. / ORDER ON DEFENDANT, SHANDS TEACHING HOSPITAL AND CLINICS, INC.’S_ ORE TENUS MOTION TO STRIKE ALLEGATIONS FROM PLAINTIFF’S AMENDED COMPLAINT THIS CAUSE coming on to be heard on October 15, 2020, on Defendant, SHANDS TEACHING HOSPITAL AND CLINICS, INC. ore tenus Motion to Strike Allegations from Plaintiff’s Amended Complaint, and the court having considered the record and arguments of counsel, it is THEREUPON ORDERED AND ADJUDGED as follows: 1. Defendant Shands Teaching Hospital and Clinics, Inc.’s ore tenus Motion to Strike Allegations from Plaintiff’s Amended Complaint is GRANTED. 2. In Count V, Paragraph 55, of Plaintiff’s Amended Complaint, the second sentence of that paragraph is stricken as follows: “Additionally, the Defendant held them out to patients as one of their agents, including on their website, where the "2020 CA 001350" 115759263 Filed at Alachua County Clerk 10/28/2020 01:47:52 PM EDTDefendant provides profiles on the providers, contact information, the services they provide, options to pay for the doctor’s services and the ability to make appointments with the providers.” Paragraph 55 shall read as follows: “Defendant Shands acknowledged that Gibran Khurshid, M.D., Philip Ames, M.D., Andres Gonzalez, M.D., Richard Blake, M.D., Jaime Griffin and/or its nurses would act for it by allowing the Defendants to see and treat patients in the hospital, as outlined in the contracts between the parties, the Hospital Bylaws, and the Hospital Rules and Regulations.” 3. In Count V, Paragraph 59, of Plaintiff’s Amended Complaint, the following “ language is stricken: “...in Alachua County, Florida, or any similar medical community.” The introductory sentence to Paragraph 59 shall read as follows: “Notwithstanding the duty undertaken, Defendant SHANDS did or failed to do one or more of the following acts, any and all of which were departures from the acceptable professional standards of care.” DONE AND ORDERED in Chambers at the Alachua County Family & Civil Justice Center, Gainesville, Florida on Wednesday, October 28, 2020. Monica Brasington, Circuit Judge 01-2020-CA-001350 10/28/2020 12:31:23 PM CERTIFICATE 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 Wednesday, October 28, 2020. ANDREA A LEWIS, ESQ lewisteam@searcylaw.comalewis@searcylaw.com mweschrek@searcylaw.com FRANCIS E PIERCE, II] ESQ litpleadings@mateerharbert.com ckozimor@mateerharbert.com WILBERT R VANCOL, ESQ NOS@mmdorl.com mearter@mmdorl.com wvancol@mmdorl.com Jessamyn Moring jmoring@mmdorl.com Ruby Dunaway, Judical Assistant 01-2020-CA-001350 10/28/2020 01:47:31 PM