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Filing # 133600090 E-Filed 08/27/2021 06:29:25 PM
IN THE CIRCUIT COURT OF THE 7
JUDICIAL CIRCUIT, IN AND FOR
FLAGLER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2021-CA-000023
THE ESTATE OF HARRY JOHNSON,
JR. by and through HARRIET S. JOHNSON,
Personal Representative,
Plaintiff,
v.
MF FLAGLER, LLC.; FLORIDA FACILITIES,
LLC; PENSACOLA ADMINISTRATIVE
SERVICES, LLC; HC NAVIGATOR, LLC;
GULF COAST HEALTH CARE HOLDINGS,
LLC; NORMA ALVAREZ; and CHARLENE
PETRETTI (as to FLAGLER HEALTH AND
REHABILITATION CENTER),
Defendant.
/
MF FLAGLER, LLC’S RESPONSE TO REQUEST FOR PRODUCTION
COMES NOW Defendant MF FLAGLER, LLC by and through the undersigned counsel, and
pursuant to the Florida Rules of Civil Procedure and files this Response to Plaintiff's First
Request to Produce and states as follows:
General Objections
Defendant objects to the instructions and definitions contained in Plaintiff's First Request
to Produce insofar as those instructions or definitions infringe upon or purport to expand the
requirements of the Florida Rules of Civil Procedure and/or applicable law. Defendant also
objects to the production of any documents, which would disclose the names and/or other
identifying information of NON-PARTY residents. Furthermore, Defendant objects to the
disclosure of information outside of the residency
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 08/30/2021 01:47 PMREQUEST FOR PRODUCTION NO. 1: A laser color copy of the original chart for HARRY
JOHNSON regarding his care and treatment, HARRY JOHNSON’s care and related medical
services at the facility. All reasonable copying costs will be reimbursed at Plaintiff's expense.
RESPONSE: See copy of the resident’s chart provided via Dropbox chart.
REQUEST FOR PRODUCTION NO. 2: Photographic copies of any and all photographs that
were taken of HARRY JOHNSON at the facility. All reasonable expenses incurred by the party
complying with this request for preparation of negatives and prints will be reimbursed by
Plaintiff.
RESPONSE: To the extent photographs exist they would be in the resident’s chart.
REQUEST FOR PRODUCTION NO. 3: A copy of the complete administrative file or files
prepared and/or maintained by the facility concerning HARRY JOHNSON, including any
contract between HARRY JOHNSON and the facility, and any attachments to that contract.
RESPONSE: The resident’s administrative file has been requested and will be provided
upon receipt.
REQUEST FOR PRODUCTION NO. 4: A copy of any writing, document or thing that concerns
HARRY JOHNSON in any way and has not been produced in response to requests number one
(1) through three (3) above.
RESPONSE: Objection. The request is overly broad, vague, unduly burdensome,
irrelevant, immaterial, harassing, and not reasonably calculated to lead to the discovery of
admissible evidence. Potentially violates work product, attorney/client, risk management,
peer review, and quality assurance privileges. Notwithstanding and without waiving the
foregoing, see the documents to be produced in discovery.
REQUEST FOR PRODUCTION NO. 5: A copy of each and every record, each and every form
of communication book or log book or 24-hour report used internally within the facility to
communicate between any persons providing cate or services to residents which were prepared
or maintained by the facility concerning HARRY JOHNSON in any way and has not been
previously produced.
RESPONSE: Objection. The request is overbroad and unduly burdensome. Further, the
request is not likely to lead to the discovery of admissible evidence. Moreover, the type of
document sought by the request contains private and confidential resident information, the
disclosure of which would violate the privacy rights of other residents. Without waiving the
foregoing, 24-hour reports pertaining to only HARRY JOHNSON have been requested and
to the extent they exist, will be produced by supplement. Any privileged information will be
redacted.
REQUEST FOR PRODUCTION NO. 6: A complete and itemized bill for any and all services,
medical supplies, pharmaceutical supplies, therapies, or any other goods or services for whichthe nursing home charged HARRY JOHNSON or any third party payer on behalf of HARRY
JOHNSON while he was a resident at the facility, including, but not limited to:
a. All bills or statements submitted to Medicaid or Medicare, or any fiscal intermediary for
Medicaid or Medicare, for supplies, therapies, or other ancillary charges covering care,
supplies, equipment, or other ancillary charges for HARRY JOHNSON;
b. All bills or statements submitted to HARRY JOHNSON, his power of attorney, guardian,
or family for room and board, services, supplies, equipment, or other items provided to
HARRY JOHNSON, including co-payments or deductibles, by the facility;
c. All revenue reports and/or remittance advisories that reflect reimbursement made by
Medicare, Medicaid, private insurance, or any individual for room and board, services,
supplies, equipment, or other items provided by the facility to HARRY JOHNSON; and
d. All statements, lists, or reconciliations of trust accounts reflecting funds received from
HARRY JOHNSON’s power of attorney, guardian, or family or held in trust for the
benefit of HARRY JOHNSON.
RESPONSE: A&C: Objection. The requests are overly broad, unduly burdensome,
irrelevant, immaterial, harassing, and not reasonably calculated to lead to the discovery of
admissible evidence. Objecting further to the extent the request seeks financial worth
information which is not discoverable pursuant to Section 768.72 and Section 400.023.
B&D: See Administrative/Financial File and transaction detail which have been requested
and will be produced by supplement.
REQUEST FOR PRODUCTION NO. 7: Any and all advertisements, descriptive brochures,
pamphlets, press releases, web pages, or other documents utilized to advertise the facility, or to
inform or educate the general public, hospitals, doctors, perspective resident or others of the
services offered at the facility at any time during HARRY JOHNSON’s residency
RESPONSE: The Facility brochures have been requested and will be provided upon
receipt.
REQUEST FOR PRODUCTION NO. 8: Any and all documents regarding policies and
procedures governing resident care, related medical services, and general facility operation in
effect during HARRY JOHNSON’s residency.
RESPONSE: Objection. The request is overly broad, unduly burdensome, irrelevant,
immaterial, and not reasonably calculated to lead to the discovery of admissible evidence.
Further, Defendant’s policies and procedures are proprietary in nature. Without waiving
the foregoing objections, see policy and procedure index provided via Dropbox.
REQUEST FOR PRODUCTION NO. 9: Defendants’ policies and procedures in effect at the
facility during the residency of HARRY JOHNSON including but not limited to the following
subjects:a. Responding, notification, and protocol to be followed when state surveyors arrive for
both complaint and annual surveys;\
Disciplinary guidelines for employees;
Budgetary process, including information as to who has final approval of said budget;
Varying from established budgets;
Document and email retention and storage;
Staffing of the facility; and
Human resources management policy and procedures manual (including but not limited
to policy and procedures on abuse and neglect).
emoenos
RESPONSE: Objection. The request is overly broad, unduly burdensome, irrelevant,
immaterial, and not reasonably calculated to lead to the discovery of admissible evidence.
Without waiving the foregoing objections, see policy and procedure index provided via
Dropbox.
REQUEST FOR PRODUCTION NO. 10: All employee/associate handbooks which were in
effect at the facility during the residency of HARRY JOHNSON.
RESPONSE: Objection. The request is overly broad, unduly burdensome, irrelevant,
immaterial and not reasonably calculated to lead to the discovery of admissible evidence.
Without waiving, see employee handbooks provided via Dropbox.
REQUEST FOR PRODUCTION NO. 11: Any and all records of accidents or incidents
concerning HARRY JOHNSON during his residency at the facility.
RESPONSE: Objection. The request is overly broad, unduly burdensome and seeks
privileged material, which is neither relevant nor reasonably calculated to lead to the
discovery of admissible evidence. Such information is compiled at the request of counsel in
anticipation of litigation and for quality assurance purposes. As such, it is protected from
disclosure by the work product, attorney/client, risk management, peer review, and quality
assurance privileges. Further objection is made to the request as the documents being
sought may contain information regarding other residents and as such the documents are
protected by HIPAA.
REQUEST FOR PRODUCTION NO. 12: All tracking documents which indicate the date and
circumstances surrounding accidents or unusual incidents involving any other residents of the
facility for the six (6) months prior through the end of the HARRY JOHNSON’: residency at the
facility.
RESPONSE: Objection. This request is overly broad, outside the scope of the residency
period, unduly burdensome, vague and not relevant or reasonably calculated to lead to the
discovery of admissible evidence. Further, the documents being sought would contain
information regarding other residents and as such the documents are protected by HIPAA.
In addition, such information is compiled at the request of counsel in anticipation of
litigation and for quality assurance purposes. As such, it is protected from disclosure by thework product, attorney/client, quality assurance and risk management privileges.
REQUEST FOR PRODUCTION NO. 13: All writings or documents in your possession
reflecting any investigations conducted by any governmental agencies concerning HARRY
JOHNSON.
RESPONSE: Objection. The requested is overly broad, unduly burdensome, irrelevant and
not reasonably calculated to lead to the discovery of admissible evidence and the
information is a matter of public record, and may be obtained by the Plaintiff with a public
records request to the Agency for Health Care Administration.
REQUEST FOR PRODUCTION NO. 14: A copy of any contract between Defendants and/or the
facility and its Medical Director(s) during HARRY JOHNSON’ residency.
RESPONSE: Objection to the extent the request seeks disclosure of proprietary and
financial worth information contained in the contract pursuant to Florida Statute Sections
762.78 and 400.0237. Notwithstanding said objection, see redacted Medical Director
agreement via Dropbox link.
REQUEST FOR PRODUCTION NO. 15: A copy of any contract between Defendants and/or the
facility and any outside consultants or any medical doctor where such outside consultant or
medical doctor delivered care or services to HARRY JOHNSON.
RESPONSE: Objection. The request is vague, overbroad, irrelevant, constitutes
harassment and is not reasonably calculated to lead to admissible evidence. Further,
Defendant objects to the disclosure of the propriety information as terms of the contract
between Defendants and their Management Companies on the grounds that such terms are
proprietary and it potentially seeks financial worth information contained in the contract
pursuant to Florida Statute Sections 762.78 and 400.0237.
REQUEST FOR PRODUCTION NO. 16: Copies of any and all budgets and budget worksheets,
including any original budgets and all amendments to budgets, created one year prior to HARRY
JOHNSON’ residency through the end of HARRY JOHNSON’ residency at the facility.
RESPONSE: Objection. The request is overbroad, vague and unduly burdensome,
irrelevant and not reasonably calculated to lead to admissible evidence. Further,
Defendant objects to this request to the extent that it may seek financial documents and
information that are beyond the scope of permissible discovery, pursuant to Sections 768.72
and 400.0237, to the extent discovery of financial worth should not proceed until a pleading
on punitive damages is approved by the court. Moreover, production of all such
documents, to the extent that they are maintained, would also be unduly burdensome,
especially given their marginal relevance and inadmissibility. This request also seeks
proprietary information and, based on the status of the pleadings, constitutes harassment.
REQUEST FOR PRODUCTION NO. 17: Copies of any and all resident council minutes
during HARRY JOHNSON’s residency at the facility.RESPONSE: Objection. The request is overly broad, unduly burdensome, outside the
scope of the subject residency, irrelevant and not reasonably calculated to lead to the
discovery of admissible evidence. Objecting further to the extent the request contains
information about other residents and violates their right to privacy pursuant to HIPAA.
Without waiving the foregoing objections, the Defendant agrees to produce redacted
resident council minutes as stated herein for the residency period.
REQUEST FOR PRODUCTION NO. 18: Copies of any Medicare and/or Medicaid applications
that were submitted for any time period that the HARRY JOHNSON was at the facility.
RESPONSE: Objection. The request is overbroad as to scope and time, vague, contains
undefined terms, is unduly burdensome, harassing and irrelevant or not reasonably
calculated to lead to the discovery of admissible evidence as it is unrelated to the allegations
in the complaint. Objecting further, the request is beyond the scope of Florida Statutes,
768.72 and 400.0237.
REQUEST FOR PRODUCTION NO. 19: Copies of any minutes of the Governing Body during
HARRY JOHNSON’ residency at the facility.
RESPONSE: Objection. The request is vague, irrelevant and not reasonably calculated to
lead to admissible evidence. Without waiving objections, and to the extent the question is
understood, this facility does not have a “governing body”, therefore, none. However, the
facility, in compliance with Federal and State laws and regulations, does have a
“management structure” which includes a licensed administrator, director of nursing and
all other required positions.
It is believed, although not clear from their question, that the Plaintiff is attempting to elicit
information which would show compliance with section42 C.F.R. § 483.75. If that is in fact
the intent of this question, then the Plaintiff misstates the requirements of the code, as the
code merely requires that a facility have a management structure in place in accordance
with state law. This very interpretation of the code was made by the Department of Health
and Human Services Department (the federal agency charged with enforcement of the
regulation). See Department of Health and Human Services Departmental Appeals Board
Civil Remedies Division, Decision No. CR966, Beechwood Sanitarium, Petitioner, v Centers
for Medicare & Medicaid Services, October 28, 2002 , wherein it was found “the evidence
that is cited in the survey report - which addresses how effectively Petitioner's management
functioned - is irrelevant to the compliance requirements stated at 42 C.F.R. § 483.75(d)(1)
- (2). The regulation establishes requirements which address the management structure of
a skilled nursing facility. It requires that the facility establish certain entities and positions
in accordance with the requirements of State laws.”
Further, the existence of a “governing body” or designated persons is irrelevant in the
pending action as this section of the Code of Federal Regulations is only applicable as to the
issue of whether a facility meets the standards for receiving Medicare or Medicaid funds.
As such the existence of a formal or informal “governing body” lacks any relevance in acivil action. See Satterwhite v. Reilly, 817 So.2d 407, 35,926 (La.App. 2 Cir. 5/8/02), which
held that the federal regulation establishing standards for qualifying long-term care
facilities for Medicare and Medicaid programs does not grant a private cause of action....
If a nursing home fails to meet the standards set forth in the regulation for certifying long-
term care facilities to participate in the Medicare and Medicaid programs, the government
may terminate its participation.
REQUEST FOR PRODUCTION NO. 20: All work schedules, time sheets and time cards punch
in/out sheets, assignment sheets, and time clock correction forms showing the identity, number
(quantity), the time clocked in and out, and classification of any nursing personnel and
nursing assistants, for each tour of duty, including relief or pool personnel who worked at the
facility during HARRY JOHNSON’: residency.
RESPONSE: Objection. The request is vague, ambiguous, unduly burdensome and overly
broad. Furthermore, objection is made to this request to the extent it seeks production of
documents and information regarding individuals who had no role in the care and
treatment of the Resident. As such, the request seeks the production of information and
documents that are irrelevant to the subject litigation and this request is not reasonably
calculated to lead to the discovery of admissible evidence. Further objection is made,
specifically, to producing payroll journals, as they contain private, confidential information
pertaining to salary, wages etc. of Defendants’ employees. The request potentially contains
financial worth information which is not discoverable pursuant to Florida Statue 762.78
and 400.0237. Notwithstanding and without waiving the Defendant agrees to produce
clinical sign-in and assignment sheets for the hall the resident was on, which have been
requested and will be provided by supplement.
REQUEST FOR PRODUCTION NO. 21: Any and all documentation from any division or
bureau of or any local, state, or federal governmental agency which sets forth findings,
conclusions, violations, deficiencies, penalties, actions and recommended sanctions regarding the
facility at any time during HARRY JOHNSON’s residency.
RESPONSE: Objection. This request is overly broad, outside the scope of the subject
residency, vague, irrelevant, immaterial and not reasonably calculated to lead to the
discovery of admissible evidence. Further, the requested information is a matter of public
record and to the extent it exists, is as accessible to Plaintiff as to Defendant. Otherwise,
such would necessarily be prepared by the facility in anticipation of litigation and
protected by the attorney work product, attorney-client privileged communication, quality
assurance and risk management privileges.
REQUEST FOR PRODUCTION NO. 22: All licenses issued by any state agency to operate the
facility which were in effect during the dates of HARRY JOHNSON’ residency at the facility.
RESPONSE: See license provided via Dropbox.
REQUEST FOR PRODUCTION NO. 23: All license applications submitted to any state agency
for any time period that the HARRY JOHNSON was at the facility.RESPONSE: Objection. The request is overbroad as to scope and time, vague, contains
undefined terms, is unduly burdensome, harassing and irrelevant or not reasonably
calculated to lead to the discovery of admissible evidence as it is unrelated to the allegations
in the complaint. Without waiving, see response to 22.
REQUEST FOR PRODUCTION NO. 24: Any and all Change of Ownership (CHOW)
documents submitted to any state agency for any time period HARRY JOHNSON was at the
facility.
RESPONSE: Objection. The request is overbroad as to scope and time, vague, contains
undefined terms, is unduly burdensome, harassing and irrelevant or not reasonably
calculated to lead to the discovery of admissible evidence as it is unrelated to the allegations
in the complaint. Objection is made to the extent the request potentially violates attorney
client and work product privileges and financial worth objections pursuant to 400.0237 and
768.72, Florida Statutes.
REQUEST FOR PRODUCTION NO. 25: Any and all Medicaid and Medicare Cost Reports for
the years during HARRY JOHNSON’s residency at the facility.
RESPONSE: Objection. The request is overly broad, unduly burdensome and oppressive.
Production of all such reports, to the extent that they are maintained, would also be unduly
burdensome, especially given their marginal relevance and inadmissibility. This request
also seeks proprietary information and, based on the status of the pleadings, constitutes
harassment. Without waiving the foregoing objections, cost reports are public record.
REQUEST FOR PRODUCTION NO. 26: All documentation and reports from any
consultant and management personnel for the facility created during HARRY JOHNSON’s
residency through the end his residency. This request includes, but is not limited to any ongoing
or periodic report, study, evaluation or assessment generated by the following consultants and
management personnel:
R.N. Nurse Consultant;
Pharmaceutical Consultant;
Registered Dietician Consultant;
Medical Records Consultant; or
Any other health or medical consultant brought in or employed to evaluate or study the
adequacy of care. Further this request includes any minutes from all meetings conducted
by any of the above consultants or employees during the aforementioned time frame.
spose
RESPONSE: Objection. The request is overly broad as to scope and time, vague, unduly
burdensome, immaterial, harassing, irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence. Further, the request potentially violates the residents’
right to privacy as it seeks documents that may contain information concerning other
residents and as such the documents are protected by HIPAA. Moreover, Defendant
objects to the request to the extent it seeks the disclosure of the proprietary informationand documents which are protected by the attorney-client, work-product, and quality
assurance privileges.
REQUEST FOR PRODUCTION NO. 27: Any and all documents containing information as to
the daily resident census at the facility during HARRY JOHNSON’s residency. This request
includes but is not limited to any document showing the daily rate of occupancy, the number of
beds filled on a daily basis, or the number of empty beds on a daily basis.
RESPONSE: Objection; the request is overly broad as to scope and time, vague, unduly
burdensome, immaterial, harassing, irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence. Further, the request potentially violates the residents’
right to privacy as it seeks documents that may contain information concerning other
residents and as such the documents are protected by HIPAA. Notwithstanding and
without waiving, to the extent the request seeks the census records for as stated herein, the
census records for the hall of the resident have been requested and will be provided upon
receipt.
REQUEST FOR PRODUCTION NO. 28: Any and all documents (including but not limited to
CMS 672 Forms and CASPER forms) created by you on a periodic basis during HARRY
JOHNSON ’s residency which relate to the facility and contain an analysis or report of any of the
following:
The rate of occupancy at the facility;
The numbers of beds filled or empty during any report period;
The level of care required for each member of the resident population; or
Any evaluation by management regarding the relative success of the occupancy goals,
objectives and strategies established for the facility.
aese
RESPONSE: Objection; the request is overly broad as to scope and time, vague, unduly
burdensome, immaterial, harassing, irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence. Further, the request potentially violates the residents’
right to privacy as it seeks documents that may contain information concerning other
residents and as such the documents are protected by HIPAA. Notwithstanding and
without waiving, see response and objections to Number 27.
REQUEST FOR PRODUCTION NO. 29: Any blueprint, layout, floor plan drawing, graphical
representation, or illustration which accurately illustrates the floor plan of the facility during
HARRY JOHNSON’ residency. This request seeks an accurate floor plan or illustration which
correctly identifies the room numbers in the facility.
RESPONSE: See copy of the facility floor plan provided via Dropbox link
REQUEST FOR PRODUCTION NO. 30: All documentation maintained by Defendants for
each employee at the facility who provided care to HARRY JOHNSON at the nursing home, the
administrator(s), the assistant administrator(s), the director of nursing(s), staffing coordinator(s),
human resource/staff development coordinator(s), and assistant director of nursing(s), includingthe following information:
a. All applications for employment;
b. All documentation obtained by Defendants about the employee from any third source
such as employment verification information from other employers, reports from any law
enforcement or state administrative agency or any abuse reporting agency where such
document is not privileged by the state or Federal law creating the abuse reporting
agency;
c. All licensing certification for the employee;
d. All documents which would contain disciplinary information of the employee by the
Defendants, including but not limited to letters of reprimand or complaints by outside
persons;
e. All documents submitted by the employee or recorded by the Defendants concerning
complaints registered by the employee;
f. All performance evaluations completed for the employee;
g. All forms, letters, or notes relating to termination of the employee's service at the nursing
home, including writings completed by the employee or any other member of the
Defendants’ staff or administration;
h. All exit interviews or employee questionnaires which employees are asked to fill out
when they are terminated or when they leave the Defendants’ employment for any
reason;
i. W-2 forms (redacted for private information); and,
j. Direct Deposit Authorization forms (redacted for private information).
RESPONSE: Objection. The request is overly broad, unduly burdensome and oppressive
especially in light of the Plaintiff’s Complaint, which contains essentially no ultimate facts.
Such documents contain information which was compiled for peer review and self-critical
analysis purposes and which is protected from disclosure by the peer review and self-
critical analysis privileges or exemptions.
Moreover, the request is unduly burdensome and oppressive to the extent that it seeks to
require Defendant to identify all individuals who provided care to the subject Resident.
With regard to the identification of individuals who provided care as evidenced by their
signatures or initials in the chart, Plaintiff is essentially requesting that Defendant perform
a detailed review of three (3) shifts a day throughout the entire facility for a time period of
approximately four (4) months where the record and the requested information is equally
accessible to both parties and/or can be obtained on an ongoing basis through traditional
methods.
Finally, the request is objectionable to the extent it seeks to have Defendant guess at the
identities of individuals who may have provided service to the subject Resident without
documenting in the chart or related documentation. Without waiving the foregoing
objection, Defendant is not currently aware of the identities of any individuals who may
have provided service to the subject Resident without documenting in the chart or related
documentation.
10If, at some point, the competency of an identified few of Defendant’s employees becomes a
significant issue in this action the Defendant will produce properly redacted copies of the
personnel files along with a log of any privileged items of those identified few individuals
whose information is relevant to this action, upon Plaintiff’s request an agreement to pay
the cost of copying and redaction.
REQUEST FOR PRODUCTION NO. 31: Complete and legible copies of each and every
writing, document and thing received by Defendants relating to complaints about resident care,
mistreatment or abuse by employees of the facility during the HARRY JOHNSON’ residency.
RESPONSE: Objection. The request is vague, harassing, unduly burdensome, overbroad
and may include complaints unrelated to the allegations in this case therefore it is not
reasonably calculated to lead to the discovery of admissible evidence. In addition, the
documents may contain information compiled for quality assurance purposes, therefore
are protected by quality assurance and risk management privileges. Objecting further in
that it potentially violates HIPAA and contains other privacy information. Objection is
made to the extent the request potentially violates attorney client, work product quality
assurance and risk management privileges.
REQUEST FOR PRODUCTION NO. 32: Complete and legible copies of any and all complaints
regarding resident care and/or treatment communicated to Defendants by employees of the
facility during HARRY JOHNSON’s residency.
RESPONSE: Objection. The request is vague, overbroad, outside the scope of the subject
residency, and may include complaints unrelated to the allegations in this case therefore it
is not reasonably calculated to lead to the discovery of admissible evidence. In addition, the
documents may contain information compiled for quality assurance purposes, therefore
are protected by quality assurance and risk management privileges. Objecting further in
that it potentially violates HIPAA and contains other privacy information. Objection is
made to the extent the request potentially violates attorney client, work product quality
assurance and risk management privileges.
REQUEST FOR PRODUCTION NO. 33: Please produce a copy of the contract in effect during
HARRY JOHNSON’s residency between the owner of the facility and any entity which
consulted and managed the facility.
RESPONSE: Objection. The request is vague, overbroad, irrelevant, constitutes
harassment and is not reasonably calculated to lead to admissible evidence, and it
potentially seeks financial worth information contained in the contract pursuant to Florida
Statute 762.78 and Chapter 400.0237. Further, Defendant objects to the potential
disclosure of the propriety information in the contract between Defendants and their
management or consulting company.
REQUEST FOR PRODUCTION NO. 34: Please produce a copy of any contract between any of
the named Defendants that was in effect during HARRY JOHNSON’s residency.
11RESPONSE: Objection. The request is vague, overbroad, irrelevant, constitutes
harassment and is not reasonably calculated to lead to admissible evidence, and it
potentially seeks financial worth information contained in the contract pursuant to Florida
Statute 762.78 and Chapter 400.0237. Further, Defendant objects to the potential
disclosure of the propriety information.
REQUEST FOR PRODUCTION NO. 35: Please produce the Limited Liability Company
Operating Agreement for MF FLAGLER, LLC; FLORIDA FACILITIES, LLC; PENSACOLA
ADMINISTRATIVE SERVICES, LLC; HC NAVIGATOR, LLC; and, GULF COAST
HEALTH CARE HOLDINGS, LLC.
RESPONSE: Objection. The request is vague, overbroad, irrelevant, constitutes
harassment and is not reasonably calculated to lead to admissible evidence, and it
potentially seeks financial worth information contained in the contract pursuant to Florida
Statute 762.78 and Chapter 400.0237. Further, Defendant objects to the potential
disclosure of the propriety information.
REQUEST FOR PRODUCTION NO. 36: Please produce a copy of any and all “key indicator”
reports or “quality indicator” reports generated during HARRY JOHNSON’: residency.
RESPONSE: Objection. The request is overbroad as to scope and time, vague, contains
undefined terms, is unduly burdensome and irrelevant or reasonably calculated to lead to
the discovery of admissible evidence. The request seeks documents that contain quality
assurance and peer review information, all of which is protected from disclosure by quality
assurance and risk management privileges.
REQUEST FOR PRODUCTION NO. 37: Please produce copies of any and all policies of
insurance, including any excess insurance policy/policies, which provides, or may provide
coverage with respect to any of the allegations contained in the Plaintiffs’ Complaint.
RESPONSE: Defendant objects to the disclosure of the financial worth and proprietary
information in terms of the insurance policy in question on the grounds that financial
worth information is not discoverable pursuant to Section 768.72 and 400.0237, and such
terms are proprietary and are neither relevant nor reasonably calculated to lead to
discoverable evidence. Notwithstanding and without waiving said objections, please a
redacted copy of the Policy Declarations provided via Dropbox link.
REQUEST FOR PRODUCTION NO. 38: All documents maintained by Defendants which
record consumer, resident or employee suggestions, complaints, or concerns (i.e., suggestion
box, 800 number, etc.) regarding the facility during HARRY JOHNSON’s residency.
RESPONSE: Objection. The request is overly broad as to scope and time, unduly
burdensome, outside the scope of the subject residency, vague, irrelevant, potentially
violates HIPAA, and not reasonably calculated to lead to admissible evidence. Further
objection is made to the extent the documents are prepared and protected by quality
assurance, risk management, attorney client, and work product privileges.
12Notwithstanding and without waiving the foregoing, grievance reports limited in scope to
the allegations in the complaint and resident suggestions limited to the residency period
have been requested and to the extent this information exists, will be provided with any
privileged information redacted.
REQUEST FOR PRODUCTION NO. 39: All depositions of corporate officers, directors, or
management level employees (above the facility level) of any defendant in this matter, that are in
the possession, custody or control of any named defendant, for the time frame beginning during
the residency of HARRY JOHNSON to the filing of this lawsuit.
RESPONSE: Objection; the request is overly broad as to scope and time, vague, unduly
burdensome, immaterial, harassing, irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence. Further, the request potentially violates the residents’
right to privacy as it seeks documents that may contain information concerning other
residents and as such the documents are protected by HIPAA.
REQUEST FOR PRODUCTION NO. 40: All statements or evaluations made by HARRY
JOHNSON and/or his family members pertaining to the residency of HARRY JOHNSON at the
facility.
RESPONSE: Objection. The request is overly broad, unduly burdensome, vague,
ambiguous and not reasonably calculated to lead to the discovery of admissible evidence.
Further objection is made to the extent such documents are protected by the attorney work
product, attorney-client privileged communication, quality assurance, and risk
management privileges. Without waiving the foregoing objection, to the extent the
foregoing exists and is not privileged, see the chart provided and_ the
administrative/financial file that has been requested and will be produced by supplement.
REQUEST FOR PRODUCTION NO. 41: Any and all employee satisfaction or opinion surveys
and summaries of the results provided to or received by any defendant concerning the facility
during HARRY JOHNSON’s residency.
RESPONSE: Objection. The request is overly broad as to scope and time, unduly
burdensome, outside the scope of the subject residency, vague, irrelevant, and not
reasonably calculated to lead to admissible evidence. Further objection is made to the
extent the documents are prepared and protected by quality assurance, risk management,
attorney client, and work product privileges.
REQUEST FOR PRODUCTION NO. 42: Any and all customer satisfaction surveys and
summaries of the results provided to or received by any defendant concerning the facility from
six (6) months prior through the end of HARRY JOHNSON’s residency.
RESPONSE: Objection. The request is overly broad as to scope and time, unduly
burdensome, outside the scope of the subject residency, vague, irrelevant, and not
reasonably calculated to lead to admissible evidence. Further objection is made to the
extent the documents are prepared and protected by quality assurance, risk management,
13attorney client, and work product privileges.
REQUEST FOR PRODUCTION NO. 43: Please provide any and all In-service documentation
including sign-in sheets for the in-service sessions and any and all material distributed at the in-
service (including videos shown) sessions during HARRY JOHNSON’s residency.
RESPONSE: Objection. This request is overly broad, vague, and not relevant or
reasonably calculated to lead to the discovery of admissible evidence. Further, to the extent
the request seeks information that is protected by quality assurance and risk management
privileges. Without waiving the foregoing objection, to the extent the foregoing exists and is
not privileged, in-service documents have been requested and will be produced by
supplement.
REQUEST FOR PRODUCTION NO. 44: Please provide a copy of any and all training videos
that were viewed by the staff as part of the Defendants’ in-servicing or compliance with any
Corporate Integrity Agreement during HARRY JOHNSON’s residency.
RESPONSE: Objection. This request is overly broad, vague, and not relevant or
reasonably calculated to lead to the discovery of admissible evidence. Further, to the extent
the request seeks information that is protected by quality assurance and risk management
privileges. Without waiving the foregoing objection, to the extent the foregoing exists and
is not privileged, in-service documents have been requested and will be produced by
supplement.
REQUEST FOR PRODUCTION NO. 45: All corporate integrity agreements executed by the
Defendants within the last ten (10) years.
RESPONSE: Objection. The request is overly broad as to scope and time, unduly
burdensome, outside the scope of the subject residency, vague, irrelevant, immaterial,
oppressive, harassing, contains undefined terms, contains proprietary information, and not
reasonably calculated to lead to admissible evidence. Further objection is made to the
extent the documents are prepared and protected by attorney client and work product
privileges.
REQUEST FOR PRODUCTION NO. 46: Any and all Summary Labor Reports for the facility
during any portion of Plaintiffs residency or any other form of documentation which contains a
breakdown of the staffing ratios on a per patient day (PPD) basis.
RESPONSE: Objection. The request is overly broad as to scope and time, unduly
burdensome, contains undefined terms, oppressive, vague, ambiguous, and not reasonably
calculated to lead to the discovery of admissible evidence. Further, Defendant objects to
this request to the extent that it may seek financial documents and information that are
beyond the scope of permissible discovery, pursuant to Chapter 400.0237 and § 768.72,
Florida Statutes, which provides, in pertinent part: No discovery of financial worth shall
proceed until after the pleading concerning punitive damage is permitted. An objection is
also made as the requested documents potentially seek proprietary information and
14information protected by quality assurance, attorney-client, peer review and/or work-
product privileges. In addition, the request potentially violates the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) as the requested documents likely
contain information regarding other residents.
REQUEST FOR PRODUCTION NO. 47: Copies of any and all Employee Turnover Reports or
the equivalent for the facility, for the region, and for the division for the six (6) months prior
through the end of HARRY JOHNSON’; residency.
RESPONSE: Objection. The requested documents are outside the scope of the subject
residency, used for self-critical analysis, peer review, risk management and quality
assurance purposes. As such, these documents are privileged as self-critical analysis, risk
management and quality assurance materials. Furthermore, objection is made to the extent
it potentially calls for production of documents and information protected from disclosure
by the attorney-client privilege and work-product doctrine.
REQUEST FOR PRODUCTION NO. 48: Copies of emails to/from Administrator(s), Staffing
Coordinator(s), Regional Director(s) of Operation or the direct supervisor for the facility
administrator, and the Regional Nurse Consultant(s) regarding the following key terms: “sore,”
“wound,” “ulcer,” “infection,” “staff,” “PPD,” “Per Patient Day,” “labor,” “neglect,” “abuse,”
“complaint” “grievance,” “concern,” “JOHNSON” (or equivalent identifying information),
“census,” “budget,” “variance,” “admit,” “admission,” “discharge,” “OT,’ “overtime,”
“Windsor” (or any other nickname/ abbreviation used to reference the facility), “turnover,” and
“survey” regarding FLAGLER HEALTH AND REHABILITATION CENTER from six months
prior to the residency through the residency.
RESPONSE: Objection. This request is unduly burdensome, overly broad, vague,
cumulative, onerous, and not calculated to lead to the discovery of admissible evidence.
This request seeks documents that are protected by proprietary and business trade secrets,
as well as corporate compliance. In addition, this request seeks documentation that would
have been produced for counsel in anticipation of litigation and used for self-critical
analysis, peer review, risk management and quality assurance purposes. As such, these
documents are further privileged as attorney-client privileged communication, attorney
work product, self-critical analysis, peer review, risk management and quality assurance
materials,
Further objection is made to this request to the extent it is seeking information about
residents, who are not a party to the instant litigation and whose medical information is
protected by HIPAA.
In addition, as of October of 2012, the Florida legislature put specific limitations in place
concerning the discovery of electronically stored information. Specifically, pursuant to
Florida Rule of Civil Procedure 1.280(d)(1) and (2), the Court must:
limit the frequency or extent of discovery otherwise allowed by these rules if it
determines that (i) the discovery sought is unreasonably cumulative or
15duplicative, or can be obtained from another source or in another manner
that is more convenient, less burdensome, or less expensive; or (ii) the burden
or expense of the discovery outweighs its likely benefit, considering the needs
of the case, the amount in controversy, the parties’ resources, the importance
of the issues at stake in the action, and the importance of the discovery in
resolving the issues. Fla. R. Civ. P. 1.280(d)(1),(2) (2012).
Further, the requested discovery is unduly burdensome and costly to reproduce. As such,
the burden and expense of the requested discovery outweighs its likely benefit. Without
waiving the prior objections, none. Responding further, the Email Retention Policy will be
provided by supplement.
REQUEST FOR PRODUCTION NO. 49: Any and all staffing documents and/or staffing
forms provided to any state inspectors who were surveying the facility during HARRY
JOHNSON’ residency at the facility.
RESPONSE: Objection. The request is vague, ambiguous, unduly burdensome, overly
broad, seeks documents which are irrelevant, and are not reasonably calculated to lead to
the discovery of admissible evidence. Without waiving the foregoing objection, the daily
census sheets for the wing and unit for the residency have been requested and a redacted
copy will be provided upon receipt.
REQUEST FOR PRODUCTION NO. 50: Any and all bonus incentive plans for the facility’s
Administrator(s), Staffing Coordinator(s), Regional Director(s) of Operation or the direct
supervisor for the facility administrator, Marketing Director(s), and the Regional Nurse
Consultant(s) for the facility during the years of HARRY JOHNSON’s residency.
RESPONSE: Objection. The request is overbroad, vague and unduly burdensome,
irrelevant and not reasonably calculated to lead to admissible evidence. Further,
Defendant objects to this request to the extent that it may seek financial documents and
information that are beyond the scope of permissible discovery, pursuant to Chapter
400.0237 and § 768.72, Florida Statutes, which provides, in pertinent part: No discovery of
financial worth shall proceed until after the pleading concerning punitive damage is
permitted.
REQUEST FOR PRODUCTION NO. 51: Any and all exit interviews completed for any
employee who during HARRY JOHNSON’s residency at the facility.
RESPONSE: Objection. The request is overly broad, unduly burdensome, outside the
scope of the subject residency, irrelevant, immaterial, and oppressive especially in light of
the Plaintiff's Complaint, which contains essentially no ultimate facts, and not reasonably
calculated to lead to the discovery of admissible evidence. Such documents contain
information which was compiled for peer review and self-critical analysis purposes and
which is protected from disclosure by the peer review and self-critical analysis privileges or
exemptions, as well as quality assurance and risk management privileges. Objecting
further to the extent the documents also contain privacy information for the individuals.
16REQUEST FOR PRODUCTION NO. 52: Any and all video and audio recordings of HARRY
JOHNSON while he was a resident at the facility.
RESPONSE: None.
REQUEST FOR PRODUCTION NO. 53: Any and all drug inventory logs pertaining to HARRY
JOHNSON.
RESPONSE: See Resident’s chart.
REQUEST FOR PRODUCTION NO. 54: Any and all charts and tables of organization which
describe the lines of authority and communication between and amongst Defendants and the
facility during any portion of HARRY JOHNSON’s residency.
RESPONSE: See copy of the Table of Organization provided via Dropbox link.
REQUEST FOR PRODUCTION NO. 55: A copy of any documents which describes the lines of
authority and communication at the facility during any portion of HARRY JOHNSON’s
residency.
RESPONSE: See copy of the Table of Organization provided via Dropbox link.
REQUEST FOR PRODUCTION NO. 56: Please produce any and all staffing labor reports that
set out the actual PPD staffing ratio for all other facilities operated by any of these defendants in
Florida during HARRY JOHNSON’: residency at the facility.
RESPONSE: Objection. The request is overly broad as to scope and time, unduly
burdensome, outside the scope of the subject residency, not related to subject facility,
oppressive, vague, ambiguous, and not reasonably calculated to lead to the discovery of
admissible evidence. Further, Defendant objects to this request to the extent that it may
seek financial documents and information that are beyond the scope of permissible
discovery, pursuant to Chapter 400.0237 and § 768.72, Florida Statutes, which provides, in
pertinent part: No discovery of financial worth shall proceed until after the pleading
concerning punitive damage is permitted. An objection is also made as the requested
documents potentially seek proprietary information and information protected by quality
assurance, attorney-client, peer review and/or work-product privileges. In addition, the
request potentially violates the Health Insurance Portability and Accountability Act of
1996 (HIPAA) as the requested documents likely contain information regarding other
residents.
REQUEST FOR PRODUCTION NO. 57: Please produce any and all State/Federal Surveys
for all other facilities operated by any of these defendants or their subsidiaries in Florida that
relate to similar injuries/deviations suffered by the Plaintiff, as alleged in the complaint during
HARRY JOHNSON ’s residency at the facility.
17RESPONSE: Objection. The request is overly broad as to scope and time, unduly
burdensome, outside the scope of the subject residency, not related to subject facility,
oppressive, vague, ambiguous, and not reasonably calculated to lead to the discovery of
admissible evidence. An objection is also made as the requested documents potentially seek
information protected by quality assurance, attorney-client, peer review and/or work-
product privileges. In addition, the request potentially violates the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) as the requested documents likely
contain information regarding other residents. Furthermore, the requested information is a
matter of public record and is equally available to the Plaintiff as it is to Defendant.
REQUEST FOR PRODUCTION NO. 58: All time clock adjustment forms and meal break
approval forms for Defendants’ employees who worked at the facility during the residency of
HARRY JOHNSON.
RESPONSE: Objection. The request is vague, ambiguous, unduly burdensome and overly
broad. Furthermore, objection is made to this request to the extent it seeks production of
documents and information regarding individuals who had no role in the care and
treatment of the Resident. As such, the request seeks the production of information and
documents that are irrelevant to the subject litigation and this request is not reasonably
calculated to lead to the discovery of admissible evidence. Further objection is made,
specifically, to producing payroll journals, as they contain private, confidential information
pertaining to salary, wages etc. of Defendants’ employees. The request potentially contains
financial worth information which is not discoverable pursuant to Florida Statue 762.78
and Chapter 400.0237.
REQUEST FOR PRODUCTION NO. 59: Job descriptions for each lev
Preview
Filing # 133600090 E-Filed 08/27/2021 06:29:25 PM IN THE CIRCUIT COURT OF THE 7 JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2021-CA-000023 THE ESTATE OF HARRY JOHNSON, JR. by and through HARRIET S. JOHNSON, Personal Representative, Plaintiff, v. MF FLAGLER, LLC.; FLORIDA FACILITIES, LLC; PENSACOLA ADMINISTRATIVE SERVICES, LLC; HC NAVIGATOR, LLC; GULF COAST HEALTH CARE HOLDINGS, LLC; NORMA ALVAREZ; and CHARLENE PETRETTI (as to FLAGLER HEALTH AND REHABILITATION CENTER), Defendant. / MF FLAGLER, LLC’S RESPONSE TO REQUEST FOR PRODUCTION COMES NOW Defendant MF FLAGLER, LLC by and through the undersigned counsel, and pursuant to the Florida Rules of Civil Procedure and files this Response to Plaintiff's First Request to Produce and states as follows: General Objections Defendant objects to the instructions and definitions contained in Plaintiff's First Request to Produce insofar as those instructions or definitions infringe upon or purport to expand the requirements of the Florida Rules of Civil Procedure and/or applicable law. Defendant also objects to the production of any documents, which would disclose the names and/or other identifying information of NON-PARTY residents. Furthermore, Defendant objects to the disclosure of information outside of the residency Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 08/30/2021 01:47 PMREQUEST FOR PRODUCTION NO. 1: A laser color copy of the original chart for HARRY JOHNSON regarding his care and treatment, HARRY JOHNSON’s care and related medical services at the facility. All reasonable copying costs will be reimbursed at Plaintiff's expense. RESPONSE: See copy of the resident’s chart provided via Dropbox chart. REQUEST FOR PRODUCTION NO. 2: Photographic copies of any and all photographs that were taken of HARRY JOHNSON at the facility. All reasonable expenses incurred by the party complying with this request for preparation of negatives and prints will be reimbursed by Plaintiff. RESPONSE: To the extent photographs exist they would be in the resident’s chart. REQUEST FOR PRODUCTION NO. 3: A copy of the complete administrative file or files prepared and/or maintained by the facility concerning HARRY JOHNSON, including any contract between HARRY JOHNSON and the facility, and any attachments to that contract. RESPONSE: The resident’s administrative file has been requested and will be provided upon receipt. REQUEST FOR PRODUCTION NO. 4: A copy of any writing, document or thing that concerns HARRY JOHNSON in any way and has not been produced in response to requests number one (1) through three (3) above. RESPONSE: Objection. The request is overly broad, vague, unduly burdensome, irrelevant, immaterial, harassing, and not reasonably calculated to lead to the discovery of admissible evidence. Potentially violates work product, attorney/client, risk management, peer review, and quality assurance privileges. Notwithstanding and without waiving the foregoing, see the documents to be produced in discovery. REQUEST FOR PRODUCTION NO. 5: A copy of each and every record, each and every form of communication book or log book or 24-hour report used internally within the facility to communicate between any persons providing cate or services to residents which were prepared or maintained by the facility concerning HARRY JOHNSON in any way and has not been previously produced. RESPONSE: Objection. The request is overbroad and unduly burdensome. Further, the request is not likely to lead to the discovery of admissible evidence. Moreover, the type of document sought by the request contains private and confidential resident information, the disclosure of which would violate the privacy rights of other residents. Without waiving the foregoing, 24-hour reports pertaining to only HARRY JOHNSON have been requested and to the extent they exist, will be produced by supplement. Any privileged information will be redacted. REQUEST FOR PRODUCTION NO. 6: A complete and itemized bill for any and all services, medical supplies, pharmaceutical supplies, therapies, or any other goods or services for whichthe nursing home charged HARRY JOHNSON or any third party payer on behalf of HARRY JOHNSON while he was a resident at the facility, including, but not limited to: a. All bills or statements submitted to Medicaid or Medicare, or any fiscal intermediary for Medicaid or Medicare, for supplies, therapies, or other ancillary charges covering care, supplies, equipment, or other ancillary charges for HARRY JOHNSON; b. All bills or statements submitted to HARRY JOHNSON, his power of attorney, guardian, or family for room and board, services, supplies, equipment, or other items provided to HARRY JOHNSON, including co-payments or deductibles, by the facility; c. All revenue reports and/or remittance advisories that reflect reimbursement made by Medicare, Medicaid, private insurance, or any individual for room and board, services, supplies, equipment, or other items provided by the facility to HARRY JOHNSON; and d. All statements, lists, or reconciliations of trust accounts reflecting funds received from HARRY JOHNSON’s power of attorney, guardian, or family or held in trust for the benefit of HARRY JOHNSON. RESPONSE: A&C: Objection. The requests are overly broad, unduly burdensome, irrelevant, immaterial, harassing, and not reasonably calculated to lead to the discovery of admissible evidence. Objecting further to the extent the request seeks financial worth information which is not discoverable pursuant to Section 768.72 and Section 400.023. B&D: See Administrative/Financial File and transaction detail which have been requested and will be produced by supplement. REQUEST FOR PRODUCTION NO. 7: Any and all advertisements, descriptive brochures, pamphlets, press releases, web pages, or other documents utilized to advertise the facility, or to inform or educate the general public, hospitals, doctors, perspective resident or others of the services offered at the facility at any time during HARRY JOHNSON’s residency RESPONSE: The Facility brochures have been requested and will be provided upon receipt. REQUEST FOR PRODUCTION NO. 8: Any and all documents regarding policies and procedures governing resident care, related medical services, and general facility operation in effect during HARRY JOHNSON’s residency. RESPONSE: Objection. The request is overly broad, unduly burdensome, irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admissible evidence. Further, Defendant’s policies and procedures are proprietary in nature. Without waiving the foregoing objections, see policy and procedure index provided via Dropbox. REQUEST FOR PRODUCTION NO. 9: Defendants’ policies and procedures in effect at the facility during the residency of HARRY JOHNSON including but not limited to the following subjects:a. Responding, notification, and protocol to be followed when state surveyors arrive for both complaint and annual surveys;\ Disciplinary guidelines for employees; Budgetary process, including information as to who has final approval of said budget; Varying from established budgets; Document and email retention and storage; Staffing of the facility; and Human resources management policy and procedures manual (including but not limited to policy and procedures on abuse and neglect). emoenos RESPONSE: Objection. The request is overly broad, unduly burdensome, irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving the foregoing objections, see policy and procedure index provided via Dropbox. REQUEST FOR PRODUCTION NO. 10: All employee/associate handbooks which were in effect at the facility during the residency of HARRY JOHNSON. RESPONSE: Objection. The request is overly broad, unduly burdensome, irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving, see employee handbooks provided via Dropbox. REQUEST FOR PRODUCTION NO. 11: Any and all records of accidents or incidents concerning HARRY JOHNSON during his residency at the facility. RESPONSE: Objection. The request is overly broad, unduly burdensome and seeks privileged material, which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Such information is compiled at the request of counsel in anticipation of litigation and for quality assurance purposes. As such, it is protected from disclosure by the work product, attorney/client, risk management, peer review, and quality assurance privileges. Further objection is made to the request as the documents being sought may contain information regarding other residents and as such the documents are protected by HIPAA. REQUEST FOR PRODUCTION NO. 12: All tracking documents which indicate the date and circumstances surrounding accidents or unusual incidents involving any other residents of the facility for the six (6) months prior through the end of the HARRY JOHNSON’: residency at the facility. RESPONSE: Objection. This request is overly broad, outside the scope of the residency period, unduly burdensome, vague and not relevant or reasonably calculated to lead to the discovery of admissible evidence. Further, the documents being sought would contain information regarding other residents and as such the documents are protected by HIPAA. In addition, such information is compiled at the request of counsel in anticipation of litigation and for quality assurance purposes. As such, it is protected from disclosure by thework product, attorney/client, quality assurance and risk management privileges. REQUEST FOR PRODUCTION NO. 13: All writings or documents in your possession reflecting any investigations conducted by any governmental agencies concerning HARRY JOHNSON. RESPONSE: Objection. The requested is overly broad, unduly burdensome, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence and the information is a matter of public record, and may be obtained by the Plaintiff with a public records request to the Agency for Health Care Administration. REQUEST FOR PRODUCTION NO. 14: A copy of any contract between Defendants and/or the facility and its Medical Director(s) during HARRY JOHNSON’ residency. RESPONSE: Objection to the extent the request seeks disclosure of proprietary and financial worth information contained in the contract pursuant to Florida Statute Sections 762.78 and 400.0237. Notwithstanding said objection, see redacted Medical Director agreement via Dropbox link. REQUEST FOR PRODUCTION NO. 15: A copy of any contract between Defendants and/or the facility and any outside consultants or any medical doctor where such outside consultant or medical doctor delivered care or services to HARRY JOHNSON. RESPONSE: Objection. The request is vague, overbroad, irrelevant, constitutes harassment and is not reasonably calculated to lead to admissible evidence. Further, Defendant objects to the disclosure of the propriety information as terms of the contract between Defendants and their Management Companies on the grounds that such terms are proprietary and it potentially seeks financial worth information contained in the contract pursuant to Florida Statute Sections 762.78 and 400.0237. REQUEST FOR PRODUCTION NO. 16: Copies of any and all budgets and budget worksheets, including any original budgets and all amendments to budgets, created one year prior to HARRY JOHNSON’ residency through the end of HARRY JOHNSON’ residency at the facility. RESPONSE: Objection. The request is overbroad, vague and unduly burdensome, irrelevant and not reasonably calculated to lead to admissible evidence. Further, Defendant objects to this request to the extent that it may seek financial documents and information that are beyond the scope of permissible discovery, pursuant to Sections 768.72 and 400.0237, to the extent discovery of financial worth should not proceed until a pleading on punitive damages is approved by the court. Moreover, production of all such documents, to the extent that they are maintained, would also be unduly burdensome, especially given their marginal relevance and inadmissibility. This request also seeks proprietary information and, based on the status of the pleadings, constitutes harassment. REQUEST FOR PRODUCTION NO. 17: Copies of any and all resident council minutes during HARRY JOHNSON’s residency at the facility.RESPONSE: Objection. The request is overly broad, unduly burdensome, outside the scope of the subject residency, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Objecting further to the extent the request contains information about other residents and violates their right to privacy pursuant to HIPAA. Without waiving the foregoing objections, the Defendant agrees to produce redacted resident council minutes as stated herein for the residency period. REQUEST FOR PRODUCTION NO. 18: Copies of any Medicare and/or Medicaid applications that were submitted for any time period that the HARRY JOHNSON was at the facility. RESPONSE: Objection. The request is overbroad as to scope and time, vague, contains undefined terms, is unduly burdensome, harassing and irrelevant or not reasonably calculated to lead to the discovery of admissible evidence as it is unrelated to the allegations in the complaint. Objecting further, the request is beyond the scope of Florida Statutes, 768.72 and 400.0237. REQUEST FOR PRODUCTION NO. 19: Copies of any minutes of the Governing Body during HARRY JOHNSON’ residency at the facility. RESPONSE: Objection. The request is vague, irrelevant and not reasonably calculated to lead to admissible evidence. Without waiving objections, and to the extent the question is understood, this facility does not have a “governing body”, therefore, none. However, the facility, in compliance with Federal and State laws and regulations, does have a “management structure” which includes a licensed administrator, director of nursing and all other required positions. It is believed, although not clear from their question, that the Plaintiff is attempting to elicit information which would show compliance with section42 C.F.R. § 483.75. If that is in fact the intent of this question, then the Plaintiff misstates the requirements of the code, as the code merely requires that a facility have a management structure in place in accordance with state law. This very interpretation of the code was made by the Department of Health and Human Services Department (the federal agency charged with enforcement of the regulation). See Department of Health and Human Services Departmental Appeals Board Civil Remedies Division, Decision No. CR966, Beechwood Sanitarium, Petitioner, v Centers for Medicare & Medicaid Services, October 28, 2002 , wherein it was found “the evidence that is cited in the survey report - which addresses how effectively Petitioner's management functioned - is irrelevant to the compliance requirements stated at 42 C.F.R. § 483.75(d)(1) - (2). The regulation establishes requirements which address the management structure of a skilled nursing facility. It requires that the facility establish certain entities and positions in accordance with the requirements of State laws.” Further, the existence of a “governing body” or designated persons is irrelevant in the pending action as this section of the Code of Federal Regulations is only applicable as to the issue of whether a facility meets the standards for receiving Medicare or Medicaid funds. As such the existence of a formal or informal “governing body” lacks any relevance in acivil action. See Satterwhite v. Reilly, 817 So.2d 407, 35,926 (La.App. 2 Cir. 5/8/02), which held that the federal regulation establishing standards for qualifying long-term care facilities for Medicare and Medicaid programs does not grant a private cause of action.... If a nursing home fails to meet the standards set forth in the regulation for certifying long- term care facilities to participate in the Medicare and Medicaid programs, the government may terminate its participation. REQUEST FOR PRODUCTION NO. 20: All work schedules, time sheets and time cards punch in/out sheets, assignment sheets, and time clock correction forms showing the identity, number (quantity), the time clocked in and out, and classification of any nursing personnel and nursing assistants, for each tour of duty, including relief or pool personnel who worked at the facility during HARRY JOHNSON’: residency. RESPONSE: Objection. The request is vague, ambiguous, unduly burdensome and overly broad. Furthermore, objection is made to this request to the extent it seeks production of documents and information regarding individuals who had no role in the care and treatment of the Resident. As such, the request seeks the production of information and documents that are irrelevant to the subject litigation and this request is not reasonably calculated to lead to the discovery of admissible evidence. Further objection is made, specifically, to producing payroll journals, as they contain private, confidential information pertaining to salary, wages etc. of Defendants’ employees. The request potentially contains financial worth information which is not discoverable pursuant to Florida Statue 762.78 and 400.0237. Notwithstanding and without waiving the Defendant agrees to produce clinical sign-in and assignment sheets for the hall the resident was on, which have been requested and will be provided by supplement. REQUEST FOR PRODUCTION NO. 21: Any and all documentation from any division or bureau of or any local, state, or federal governmental agency which sets forth findings, conclusions, violations, deficiencies, penalties, actions and recommended sanctions regarding the facility at any time during HARRY JOHNSON’s residency. RESPONSE: Objection. This request is overly broad, outside the scope of the subject residency, vague, irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. Further, the requested information is a matter of public record and to the extent it exists, is as accessible to Plaintiff as to Defendant. Otherwise, such would necessarily be prepared by the facility in anticipation of litigation and protected by the attorney work product, attorney-client privileged communication, quality assurance and risk management privileges. REQUEST FOR PRODUCTION NO. 22: All licenses issued by any state agency to operate the facility which were in effect during the dates of HARRY JOHNSON’ residency at the facility. RESPONSE: See license provided via Dropbox. REQUEST FOR PRODUCTION NO. 23: All license applications submitted to any state agency for any time period that the HARRY JOHNSON was at the facility.RESPONSE: Objection. The request is overbroad as to scope and time, vague, contains undefined terms, is unduly burdensome, harassing and irrelevant or not reasonably calculated to lead to the discovery of admissible evidence as it is unrelated to the allegations in the complaint. Without waiving, see response to 22. REQUEST FOR PRODUCTION NO. 24: Any and all Change of Ownership (CHOW) documents submitted to any state agency for any time period HARRY JOHNSON was at the facility. RESPONSE: Objection. The request is overbroad as to scope and time, vague, contains undefined terms, is unduly burdensome, harassing and irrelevant or not reasonably calculated to lead to the discovery of admissible evidence as it is unrelated to the allegations in the complaint. Objection is made to the extent the request potentially violates attorney client and work product privileges and financial worth objections pursuant to 400.0237 and 768.72, Florida Statutes. REQUEST FOR PRODUCTION NO. 25: Any and all Medicaid and Medicare Cost Reports for the years during HARRY JOHNSON’s residency at the facility. RESPONSE: Objection. The request is overly broad, unduly burdensome and oppressive. Production of all such reports, to the extent that they are maintained, would also be unduly burdensome, especially given their marginal relevance and inadmissibility. This request also seeks proprietary information and, based on the status of the pleadings, constitutes harassment. Without waiving the foregoing objections, cost reports are public record. REQUEST FOR PRODUCTION NO. 26: All documentation and reports from any consultant and management personnel for the facility created during HARRY JOHNSON’s residency through the end his residency. This request includes, but is not limited to any ongoing or periodic report, study, evaluation or assessment generated by the following consultants and management personnel: R.N. Nurse Consultant; Pharmaceutical Consultant; Registered Dietician Consultant; Medical Records Consultant; or Any other health or medical consultant brought in or employed to evaluate or study the adequacy of care. Further this request includes any minutes from all meetings conducted by any of the above consultants or employees during the aforementioned time frame. spose RESPONSE: Objection. The request is overly broad as to scope and time, vague, unduly burdensome, immaterial, harassing, irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. Further, the request potentially violates the residents’ right to privacy as it seeks documents that may contain information concerning other residents and as such the documents are protected by HIPAA. Moreover, Defendant objects to the request to the extent it seeks the disclosure of the proprietary informationand documents which are protected by the attorney-client, work-product, and quality assurance privileges. REQUEST FOR PRODUCTION NO. 27: Any and all documents containing information as to the daily resident census at the facility during HARRY JOHNSON’s residency. This request includes but is not limited to any document showing the daily rate of occupancy, the number of beds filled on a daily basis, or the number of empty beds on a daily basis. RESPONSE: Objection; the request is overly broad as to scope and time, vague, unduly burdensome, immaterial, harassing, irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. Further, the request potentially violates the residents’ right to privacy as it seeks documents that may contain information concerning other residents and as such the documents are protected by HIPAA. Notwithstanding and without waiving, to the extent the request seeks the census records for as stated herein, the census records for the hall of the resident have been requested and will be provided upon receipt. REQUEST FOR PRODUCTION NO. 28: Any and all documents (including but not limited to CMS 672 Forms and CASPER forms) created by you on a periodic basis during HARRY JOHNSON ’s residency which relate to the facility and contain an analysis or report of any of the following: The rate of occupancy at the facility; The numbers of beds filled or empty during any report period; The level of care required for each member of the resident population; or Any evaluation by management regarding the relative success of the occupancy goals, objectives and strategies established for the facility. aese RESPONSE: Objection; the request is overly broad as to scope and time, vague, unduly burdensome, immaterial, harassing, irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. Further, the request potentially violates the residents’ right to privacy as it seeks documents that may contain information concerning other residents and as such the documents are protected by HIPAA. Notwithstanding and without waiving, see response and objections to Number 27. REQUEST FOR PRODUCTION NO. 29: Any blueprint, layout, floor plan drawing, graphical representation, or illustration which accurately illustrates the floor plan of the facility during HARRY JOHNSON’ residency. This request seeks an accurate floor plan or illustration which correctly identifies the room numbers in the facility. RESPONSE: See copy of the facility floor plan provided via Dropbox link REQUEST FOR PRODUCTION NO. 30: All documentation maintained by Defendants for each employee at the facility who provided care to HARRY JOHNSON at the nursing home, the administrator(s), the assistant administrator(s), the director of nursing(s), staffing coordinator(s), human resource/staff development coordinator(s), and assistant director of nursing(s), includingthe following information: a. All applications for employment; b. All documentation obtained by Defendants about the employee from any third source such as employment verification information from other employers, reports from any law enforcement or state administrative agency or any abuse reporting agency where such document is not privileged by the state or Federal law creating the abuse reporting agency; c. All licensing certification for the employee; d. All documents which would contain disciplinary information of the employee by the Defendants, including but not limited to letters of reprimand or complaints by outside persons; e. All documents submitted by the employee or recorded by the Defendants concerning complaints registered by the employee; f. All performance evaluations completed for the employee; g. All forms, letters, or notes relating to termination of the employee's service at the nursing home, including writings completed by the employee or any other member of the Defendants’ staff or administration; h. All exit interviews or employee questionnaires which employees are asked to fill out when they are terminated or when they leave the Defendants’ employment for any reason; i. W-2 forms (redacted for private information); and, j. Direct Deposit Authorization forms (redacted for private information). RESPONSE: Objection. The request is overly broad, unduly burdensome and oppressive especially in light of the Plaintiff’s Complaint, which contains essentially no ultimate facts. Such documents contain information which was compiled for peer review and self-critical analysis purposes and which is protected from disclosure by the peer review and self- critical analysis privileges or exemptions. Moreover, the request is unduly burdensome and oppressive to the extent that it seeks to require Defendant to identify all individuals who provided care to the subject Resident. With regard to the identification of individuals who provided care as evidenced by their signatures or initials in the chart, Plaintiff is essentially requesting that Defendant perform a detailed review of three (3) shifts a day throughout the entire facility for a time period of approximately four (4) months where the record and the requested information is equally accessible to both parties and/or can be obtained on an ongoing basis through traditional methods. Finally, the request is objectionable to the extent it seeks to have Defendant guess at the identities of individuals who may have provided service to the subject Resident without documenting in the chart or related documentation. Without waiving the foregoing objection, Defendant is not currently aware of the identities of any individuals who may have provided service to the subject Resident without documenting in the chart or related documentation. 10If, at some point, the competency of an identified few of Defendant’s employees becomes a significant issue in this action the Defendant will produce properly redacted copies of the personnel files along with a log of any privileged items of those identified few individuals whose information is relevant to this action, upon Plaintiff’s request an agreement to pay the cost of copying and redaction. REQUEST FOR PRODUCTION NO. 31: Complete and legible copies of each and every writing, document and thing received by Defendants relating to complaints about resident care, mistreatment or abuse by employees of the facility during the HARRY JOHNSON’ residency. RESPONSE: Objection. The request is vague, harassing, unduly burdensome, overbroad and may include complaints unrelated to the allegations in this case therefore it is not reasonably calculated to lead to the discovery of admissible evidence. In addition, the documents may contain information compiled for quality assurance purposes, therefore are protected by quality assurance and risk management privileges. Objecting further in that it potentially violates HIPAA and contains other privacy information. Objection is made to the extent the request potentially violates attorney client, work product quality assurance and risk management privileges. REQUEST FOR PRODUCTION NO. 32: Complete and legible copies of any and all complaints regarding resident care and/or treatment communicated to Defendants by employees of the facility during HARRY JOHNSON’s residency. RESPONSE: Objection. The request is vague, overbroad, outside the scope of the subject residency, and may include complaints unrelated to the allegations in this case therefore it is not reasonably calculated to lead to the discovery of admissible evidence. In addition, the documents may contain information compiled for quality assurance purposes, therefore are protected by quality assurance and risk management privileges. Objecting further in that it potentially violates HIPAA and contains other privacy information. Objection is made to the extent the request potentially violates attorney client, work product quality assurance and risk management privileges. REQUEST FOR PRODUCTION NO. 33: Please produce a copy of the contract in effect during HARRY JOHNSON’s residency between the owner of the facility and any entity which consulted and managed the facility. RESPONSE: Objection. The request is vague, overbroad, irrelevant, constitutes harassment and is not reasonably calculated to lead to admissible evidence, and it potentially seeks financial worth information contained in the contract pursuant to Florida Statute 762.78 and Chapter 400.0237. Further, Defendant objects to the potential disclosure of the propriety information in the contract between Defendants and their management or consulting company. REQUEST FOR PRODUCTION NO. 34: Please produce a copy of any contract between any of the named Defendants that was in effect during HARRY JOHNSON’s residency. 11RESPONSE: Objection. The request is vague, overbroad, irrelevant, constitutes harassment and is not reasonably calculated to lead to admissible evidence, and it potentially seeks financial worth information contained in the contract pursuant to Florida Statute 762.78 and Chapter 400.0237. Further, Defendant objects to the potential disclosure of the propriety information. REQUEST FOR PRODUCTION NO. 35: Please produce the Limited Liability Company Operating Agreement for MF FLAGLER, LLC; FLORIDA FACILITIES, LLC; PENSACOLA ADMINISTRATIVE SERVICES, LLC; HC NAVIGATOR, LLC; and, GULF COAST HEALTH CARE HOLDINGS, LLC. RESPONSE: Objection. The request is vague, overbroad, irrelevant, constitutes harassment and is not reasonably calculated to lead to admissible evidence, and it potentially seeks financial worth information contained in the contract pursuant to Florida Statute 762.78 and Chapter 400.0237. Further, Defendant objects to the potential disclosure of the propriety information. REQUEST FOR PRODUCTION NO. 36: Please produce a copy of any and all “key indicator” reports or “quality indicator” reports generated during HARRY JOHNSON’: residency. RESPONSE: Objection. The request is overbroad as to scope and time, vague, contains undefined terms, is unduly burdensome and irrelevant or reasonably calculated to lead to the discovery of admissible evidence. The request seeks documents that contain quality assurance and peer review information, all of which is protected from disclosure by quality assurance and risk management privileges. REQUEST FOR PRODUCTION NO. 37: Please produce copies of any and all policies of insurance, including any excess insurance policy/policies, which provides, or may provide coverage with respect to any of the allegations contained in the Plaintiffs’ Complaint. RESPONSE: Defendant objects to the disclosure of the financial worth and proprietary information in terms of the insurance policy in question on the grounds that financial worth information is not discoverable pursuant to Section 768.72 and 400.0237, and such terms are proprietary and are neither relevant nor reasonably calculated to lead to discoverable evidence. Notwithstanding and without waiving said objections, please a redacted copy of the Policy Declarations provided via Dropbox link. REQUEST FOR PRODUCTION NO. 38: All documents maintained by Defendants which record consumer, resident or employee suggestions, complaints, or concerns (i.e., suggestion box, 800 number, etc.) regarding the facility during HARRY JOHNSON’s residency. RESPONSE: Objection. The request is overly broad as to scope and time, unduly burdensome, outside the scope of the subject residency, vague, irrelevant, potentially violates HIPAA, and not reasonably calculated to lead to admissible evidence. Further objection is made to the extent the documents are prepared and protected by quality assurance, risk management, attorney client, and work product privileges. 12Notwithstanding and without waiving the foregoing, grievance reports limited in scope to the allegations in the complaint and resident suggestions limited to the residency period have been requested and to the extent this information exists, will be provided with any privileged information redacted. REQUEST FOR PRODUCTION NO. 39: All depositions of corporate officers, directors, or management level employees (above the facility level) of any defendant in this matter, that are in the possession, custody or control of any named defendant, for the time frame beginning during the residency of HARRY JOHNSON to the filing of this lawsuit. RESPONSE: Objection; the request is overly broad as to scope and time, vague, unduly burdensome, immaterial, harassing, irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. Further, the request potentially violates the residents’ right to privacy as it seeks documents that may contain information concerning other residents and as such the documents are protected by HIPAA. REQUEST FOR PRODUCTION NO. 40: All statements or evaluations made by HARRY JOHNSON and/or his family members pertaining to the residency of HARRY JOHNSON at the facility. RESPONSE: Objection. The request is overly broad, unduly burdensome, vague, ambiguous and not reasonably calculated to lead to the discovery of admissible evidence. Further objection is made to the extent such documents are protected by the attorney work product, attorney-client privileged communication, quality assurance, and risk management privileges. Without waiving the foregoing objection, to the extent the foregoing exists and is not privileged, see the chart provided and_ the administrative/financial file that has been requested and will be produced by supplement. REQUEST FOR PRODUCTION NO. 41: Any and all employee satisfaction or opinion surveys and summaries of the results provided to or received by any defendant concerning the facility during HARRY JOHNSON’s residency. RESPONSE: Objection. The request is overly broad as to scope and time, unduly burdensome, outside the scope of the subject residency, vague, irrelevant, and not reasonably calculated to lead to admissible evidence. Further objection is made to the extent the documents are prepared and protected by quality assurance, risk management, attorney client, and work product privileges. REQUEST FOR PRODUCTION NO. 42: Any and all customer satisfaction surveys and summaries of the results provided to or received by any defendant concerning the facility from six (6) months prior through the end of HARRY JOHNSON’s residency. RESPONSE: Objection. The request is overly broad as to scope and time, unduly burdensome, outside the scope of the subject residency, vague, irrelevant, and not reasonably calculated to lead to admissible evidence. Further objection is made to the extent the documents are prepared and protected by quality assurance, risk management, 13attorney client, and work product privileges. REQUEST FOR PRODUCTION NO. 43: Please provide any and all In-service documentation including sign-in sheets for the in-service sessions and any and all material distributed at the in- service (including videos shown) sessions during HARRY JOHNSON’s residency. RESPONSE: Objection. This request is overly broad, vague, and not relevant or reasonably calculated to lead to the discovery of admissible evidence. Further, to the extent the request seeks information that is protected by quality assurance and risk management privileges. Without waiving the foregoing objection, to the extent the foregoing exists and is not privileged, in-service documents have been requested and will be produced by supplement. REQUEST FOR PRODUCTION NO. 44: Please provide a copy of any and all training videos that were viewed by the staff as part of the Defendants’ in-servicing or compliance with any Corporate Integrity Agreement during HARRY JOHNSON’s residency. RESPONSE: Objection. This request is overly broad, vague, and not relevant or reasonably calculated to lead to the discovery of admissible evidence. Further, to the extent the request seeks information that is protected by quality assurance and risk management privileges. Without waiving the foregoing objection, to the extent the foregoing exists and is not privileged, in-service documents have been requested and will be produced by supplement. REQUEST FOR PRODUCTION NO. 45: All corporate integrity agreements executed by the Defendants within the last ten (10) years. RESPONSE: Objection. The request is overly broad as to scope and time, unduly burdensome, outside the scope of the subject residency, vague, irrelevant, immaterial, oppressive, harassing, contains undefined terms, contains proprietary information, and not reasonably calculated to lead to admissible evidence. Further objection is made to the extent the documents are prepared and protected by attorney client and work product privileges. REQUEST FOR PRODUCTION NO. 46: Any and all Summary Labor Reports for the facility during any portion of Plaintiffs residency or any other form of documentation which contains a breakdown of the staffing ratios on a per patient day (PPD) basis. RESPONSE: Objection. The request is overly broad as to scope and time, unduly burdensome, contains undefined terms, oppressive, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence. Further, Defendant objects to this request to the extent that it may seek financial documents and information that are beyond the scope of permissible discovery, pursuant to Chapter 400.0237 and § 768.72, Florida Statutes, which provides, in pertinent part: No discovery of financial worth shall proceed until after the pleading concerning punitive damage is permitted. An objection is also made as the requested documents potentially seek proprietary information and 14information protected by quality assurance, attorney-client, peer review and/or work- product privileges. In addition, the request potentially violates the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as the requested documents likely contain information regarding other residents. REQUEST FOR PRODUCTION NO. 47: Copies of any and all Employee Turnover Reports or the equivalent for the facility, for the region, and for the division for the six (6) months prior through the end of HARRY JOHNSON’; residency. RESPONSE: Objection. The requested documents are outside the scope of the subject residency, used for self-critical analysis, peer review, risk management and quality assurance purposes. As such, these documents are privileged as self-critical analysis, risk management and quality assurance materials. Furthermore, objection is made to the extent it potentially calls for production of documents and information protected from disclosure by the attorney-client privilege and work-product doctrine. REQUEST FOR PRODUCTION NO. 48: Copies of emails to/from Administrator(s), Staffing Coordinator(s), Regional Director(s) of Operation or the direct supervisor for the facility administrator, and the Regional Nurse Consultant(s) regarding the following key terms: “sore,” “wound,” “ulcer,” “infection,” “staff,” “PPD,” “Per Patient Day,” “labor,” “neglect,” “abuse,” “complaint” “grievance,” “concern,” “JOHNSON” (or equivalent identifying information), “census,” “budget,” “variance,” “admit,” “admission,” “discharge,” “OT,’ “overtime,” “Windsor” (or any other nickname/ abbreviation used to reference the facility), “turnover,” and “survey” regarding FLAGLER HEALTH AND REHABILITATION CENTER from six months prior to the residency through the residency. RESPONSE: Objection. This request is unduly burdensome, overly broad, vague, cumulative, onerous, and not calculated to lead to the discovery of admissible evidence. This request seeks documents that are protected by proprietary and business trade secrets, as well as corporate compliance. In addition, this request seeks documentation that would have been produced for counsel in anticipation of litigation and used for self-critical analysis, peer review, risk management and quality assurance purposes. As such, these documents are further privileged as attorney-client privileged communication, attorney work product, self-critical analysis, peer review, risk management and quality assurance materials, Further objection is made to this request to the extent it is seeking information about residents, who are not a party to the instant litigation and whose medical information is protected by HIPAA. In addition, as of October of 2012, the Florida legislature put specific limitations in place concerning the discovery of electronically stored information. Specifically, pursuant to Florida Rule of Civil Procedure 1.280(d)(1) and (2), the Court must: limit the frequency or extent of discovery otherwise allowed by these rules if it determines that (i) the discovery sought is unreasonably cumulative or 15duplicative, or can be obtained from another source or in another manner that is more convenient, less burdensome, or less expensive; or (ii) the burden or expense of the discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues. Fla. R. Civ. P. 1.280(d)(1),(2) (2012). Further, the requested discovery is unduly burdensome and costly to reproduce. As such, the burden and expense of the requested discovery outweighs its likely benefit. Without waiving the prior objections, none. Responding further, the Email Retention Policy will be provided by supplement. REQUEST FOR PRODUCTION NO. 49: Any and all staffing documents and/or staffing forms provided to any state inspectors who were surveying the facility during HARRY JOHNSON’ residency at the facility. RESPONSE: Objection. The request is vague, ambiguous, unduly burdensome, overly broad, seeks documents which are irrelevant, and are not reasonably calculated to lead to the discovery of admissible evidence. Without waiving the foregoing objection, the daily census sheets for the wing and unit for the residency have been requested and a redacted copy will be provided upon receipt. REQUEST FOR PRODUCTION NO. 50: Any and all bonus incentive plans for the facility’s Administrator(s), Staffing Coordinator(s), Regional Director(s) of Operation or the direct supervisor for the facility administrator, Marketing Director(s), and the Regional Nurse Consultant(s) for the facility during the years of HARRY JOHNSON’s residency. RESPONSE: Objection. The request is overbroad, vague and unduly burdensome, irrelevant and not reasonably calculated to lead to admissible evidence. Further, Defendant objects to this request to the extent that it may seek financial documents and information that are beyond the scope of permissible discovery, pursuant to Chapter 400.0237 and § 768.72, Florida Statutes, which provides, in pertinent part: No discovery of financial worth shall proceed until after the pleading concerning punitive damage is permitted. REQUEST FOR PRODUCTION NO. 51: Any and all exit interviews completed for any employee who during HARRY JOHNSON’s residency at the facility. RESPONSE: Objection. The request is overly broad, unduly burdensome, outside the scope of the subject residency, irrelevant, immaterial, and oppressive especially in light of the Plaintiff's Complaint, which contains essentially no ultimate facts, and not reasonably calculated to lead to the discovery of admissible evidence. Such documents contain information which was compiled for peer review and self-critical analysis purposes and which is protected from disclosure by the peer review and self-critical analysis privileges or exemptions, as well as quality assurance and risk management privileges. Objecting further to the extent the documents also contain privacy information for the individuals. 16REQUEST FOR PRODUCTION NO. 52: Any and all video and audio recordings of HARRY JOHNSON while he was a resident at the facility. RESPONSE: None. REQUEST FOR PRODUCTION NO. 53: Any and all drug inventory logs pertaining to HARRY JOHNSON. RESPONSE: See Resident’s chart. REQUEST FOR PRODUCTION NO. 54: Any and all charts and tables of organization which describe the lines of authority and communication between and amongst Defendants and the facility during any portion of HARRY JOHNSON’s residency. RESPONSE: See copy of the Table of Organization provided via Dropbox link. REQUEST FOR PRODUCTION NO. 55: A copy of any documents which describes the lines of authority and communication at the facility during any portion of HARRY JOHNSON’s residency. RESPONSE: See copy of the Table of Organization provided via Dropbox link. REQUEST FOR PRODUCTION NO. 56: Please produce any and all staffing labor reports that set out the actual PPD staffing ratio for all other facilities operated by any of these defendants in Florida during HARRY JOHNSON’: residency at the facility. RESPONSE: Objection. The request is overly broad as to scope and time, unduly burdensome, outside the scope of the subject residency, not related to subject facility, oppressive, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence. Further, Defendant objects to this request to the extent that it may seek financial documents and information that are beyond the scope of permissible discovery, pursuant to Chapter 400.0237 and § 768.72, Florida Statutes, which provides, in pertinent part: No discovery of financial worth shall proceed until after the pleading concerning punitive damage is permitted. An objection is also made as the requested documents potentially seek proprietary information and information protected by quality assurance, attorney-client, peer review and/or work-product privileges. In addition, the request potentially violates the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as the requested documents likely contain information regarding other residents. REQUEST FOR PRODUCTION NO. 57: Please produce any and all State/Federal Surveys for all other facilities operated by any of these defendants or their subsidiaries in Florida that relate to similar injuries/deviations suffered by the Plaintiff, as alleged in the complaint during HARRY JOHNSON ’s residency at the facility. 17RESPONSE: Objection. The request is overly broad as to scope and time, unduly burdensome, outside the scope of the subject residency, not related to subject facility, oppressive, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence. An objection is also made as the requested documents potentially seek information protected by quality assurance, attorney-client, peer review and/or work- product privileges. In addition, the request potentially violates the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as the requested documents likely contain information regarding other residents. Furthermore, the requested information is a matter of public record and is equally available to the Plaintiff as it is to Defendant. REQUEST FOR PRODUCTION NO. 58: All time clock adjustment forms and meal break approval forms for Defendants’ employees who worked at the facility during the residency of HARRY JOHNSON. RESPONSE: Objection. The request is vague, ambiguous, unduly burdensome and overly broad. Furthermore, objection is made to this request to the extent it seeks production of documents and information regarding individuals who had no role in the care and treatment of the Resident. As such, the request seeks the production of information and documents that are irrelevant to the subject litigation and this request is not reasonably calculated to lead to the discovery of admissible evidence. Further objection is made, specifically, to producing payroll journals, as they contain private, confidential information pertaining to salary, wages etc. of Defendants’ employees. The request potentially contains financial worth information which is not discoverable pursuant to Florida Statue 762.78 and Chapter 400.0237. REQUEST FOR PRODUCTION NO. 59: Job descriptions for each lev