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Filing # 128186742 E-Filed 06/07/2021 08:53:09 AM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR FLAGLER COUNTY, STATE OF FLORIDA
CIVIL DIVISON
THE ESTATE OF HARRY JOHNSON,
JR., by and through, HARRIET S. JOHNSON,
Personal Representative,
Plaintiff,
CASE NO.: 2021-CA-000023
vs.
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),
Defendants.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANTS
Plaintiff, THE ESTATE OF HARRY JOHNSON, JR., by and through, HARRIET S.
JOHNSON, Personal Representative, by and through undersigned counsel, hereby propounds the
following First Request for Production of Documents to Defendants and requests said
Defendants to produce the requested items in accordance with the Florida Rules of Civil
Procedure:
DEFINITIONS AND INSTRUCTIONS
You are requested to furnish all information in your possession and all information
available to you, not merely such information as you know of as your own personal knowledge,
but also all knowledge that is available to you, your representatives, agents and attorneys to the
extent not privileged, including inquiry of their representatives.
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 06/07/2021 11:44 AMIf you are unable to answer the following discovery completely, answer to the extent
possible, specifically stating what information or knowledge you have concerning the
unanswered portion.
1. “You or Your.” The terms “You” and “Your,” as well as a party’s full or
abbreviated name or pronoun referring to a party, mean the party and, where applicable, its
officers, directors, employees, partners, corporate parent, subsidiaries, affiliates, or any other
individual or entity presently or formally acting on the party’s behalf.
2. “Person.” The term “person” is defined as any natural person or business,
legal or governmental entity or association.
3. “Identify” (with respect to persons). | When referring to a person, “to identify”
means to give, to the extent known, the (1) person’s full name, (2) present or last known address,
(3) present or last known telephone number, and (4) when referring to a natural person,
additionally, the present or last known place of employment.
4. “Identify” (with respect to documents). When referring to documents, “to
identify” means to give, to the extent known, the (a) type of document; (b) general subject
matter; (c) date of the document; and (d) author(s), addressee(s), and recipient(s).
5. “Document or Record.” The term “document” is used in its broadest sense,
and includes, without limitation, writings, books, papers, minutes, notes, drafts, drawings,
graphs, reviews, evaluations, charts, schedules, logs, photographs, correspondence, records,
letters, memoranda, reports, sheets, computer records, e-mails, and other data compilations in
any form including but not limited to electronic, mechanical, magnetic, optical or electric records
or representations of any kind including metadata or tangible items from which information can
be obtained or translated into reasonable useable form.6. “Residency.” For purposes of this discovery, “residency” is defined as the period
during which time HARRY JOHNSON, JR. was a resident of FLAGLER HEALTH AND
REHABILITATION CENTER.
7. “Facility.” For purposes of this discovery, “facility” is defined as FLAGLER
HEALTH AND REHABILITATION CENTER, a skilled nursing facility located at 300 Dr.
Carter Blvd., Bunnell, FL 32110.
8. To preserve the privacy of residents other than HARRY JOHNSON, JR.,
Defendant may delete, obliterate, or otherwise redact the names of residents other than HARRY
JOHNSON, JR. with regard to the records requested in this Request for Production. Plaintiff is
willing, upon request from Defendants, to pay the cost of securing these records in a form that
preserves the privacy of other residents and the confidentiality of their records.
9. Unless otherwise indicated, please produce copies of the requested items and
Plaintiff will reimburse you the reasonable costs of doing so.
10. ‘If any document is withheld from production under a claim of privilege or other
exemption from discovery, state the title and nature of the document, and furnish a list signed by
the attorney of record giving the following information with respect to each document withheld:
a. the name and title of the author and/or sender and the name and title of the
recipient;
b. the date of the document’s origination;
c. the name of each person or persons (other than stenographic or clerical assistants)
participating in the preparation of the document;
d. the name and position, if any, of each person to whom the contents of the
documents have heretofore been communicated by copy, exhibition, reaching or
substantial summarization;
e. astatement of the specific basis on which privilege is claimed.
11. These discovery requests are not intended to be duplicative. All requests should
be responded to fully and to the extent not covered by other requests. If there are documents thatare responsive to more than one request, then please so note and produce each such document
first in response to the request that is more specifically directed to the subject matter of the
particular document.
12. “Care.” For the purposes of this discovery, is any and all assistance, treatments,
and/or services provided by any of the facilities employees whether nursing personnel or not.
REQUESTS FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 1: A laser color copy of the original chart for
HARRY JOHNSON, JR. regarding his care and treatment, HARRY JOHNSON, JR.’s care and
related medical services at the facility. All reasonable copying costs will be reimbursed at
Plaintiff's expense.
REQUEST FOR PRODUCTION NO. 2: Photographic copies of any and all
photographs that were taken of HARRY JOHNSON, JR. 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.
REQUEST FOR PRODUCTION NO. 3: A copy of the complete administrative file
or files prepared and/or maintained by the facility concerning HARRY JOHNSON, JR.,
including any contract between HARRY JOHNSON, JR. and the facility, and any attachments to
that contract.
REQUEST FOR PRODUCTION NO. 4: A copy of any writing, document or thing
that concerns HARRY JOHNSON, JR. in any way and has not been produced in response to
requests number one (1) through three (3) above.
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 thefacility to communicate between any persons providing care or services to residents which were
prepared or maintained by the facility concerning HARRY JOHNSON, JR. in any way and has
not been previously produced.
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
which the nursing home charged HARRY JOHNSON, JR. or any third party payer on behalf of
HARRY JOHNSON, JR. 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, JR.;
All bills or statements submitted to HARRY JOHNSON, JR., his power of
attorney, guardian, or family for room and board, services, supplies, equipment,
or other items provided to HARRY JOHNSON, JR., including co-payments or
deductibles, by the facility;
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, JR.; and
All statements, lists, or reconciliation’s of trust accounts reflecting funds received
from HARRY JOHNSON, JR.’s power of attorney, guardian, or family or held in
trust for the benefit of HARRY JOHNSON, JR.
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, JR.’s
residency.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, JR.’s residency.
REQUEST FOR PRODUCTION NO. 9: Defendants’ policies and procedures in effect
at the facility during the residency of HARRY JOHNSON, JR. 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;
b. Disciplinary guidelines for employees;
c. Budgetary process, including information as to who has final approval of said
budget;
d. Varying from established budgets;
e. Document and email retention and storage;
f. Staffing of the facility; and
g. Human resources management policy and procedures manual (including but not
limited to policy and procedures on abuse and neglect).
REQUEST FOR PRODUCTION NO. 10: All employee/associate handbooks which
were in effect at the facility during the residency of HARRY JOHNSON, JR.
REQUEST FOR PRODUCTION NO. 11: Any and all records of accidents or incidents
concerning HARRY JOHNSON, JR. during his residency at the facility.
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 nine (9) months prior through the end of the HARRY JOHNSON, JR.’s
residency at the facility.REQUEST FOR PRODUCTION NO. 13: All writings or documents in your
possession reflecting any investigations conducted by any governmental agencies concerning
HARRY JOHNSON, JR.
REQUEST FOR PRODUCTION NO. 14: A copy of any contract between Defendants
and/or the facility and its Medical Director(s) during HARRY JOHNSON, JR.’s residency.
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, JR.
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, JR.’s residency through the end of HARRY JOHNSON, JR.’s
residency at the facility.
REQUEST FOR PRODUCTION NO. 17: Copies of any and all resident council
minutes for the six (6) months prior through the end of HARRY JOHNSON, JR.’s residency at
the facility.
REQUEST FOR PRODUCTION NO. 18: Copies of any Medicare and/or Medicaid
applications that were submitted for any time period that the HARRY JOHNSON, JR. was at the
facility.
REQUEST FOR PRODUCTION NO. 19: Copies of any minutes of the Governing
Body of the facility for the six (6) months prior through the end of HARRY JOHNSON, JR.’s
residency at the facility.
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 theidentity, 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, JR.’s residency.
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 for the nine (9) prior through six (6) months after HARRY
JOHNSON, JR.’s residency.
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, JR.’s residency
at the facility.
REQUEST FOR PRODUCTION NO. 23: All license applications submitted to any
state agency for any time period that the HARRY JOHNSON, JR. was at the facility.
REQUEST FOR PRODUCTION NO. 24: Any and all Change of Ownership (CHOW)
documents submitted to any state or federal agency that relate/ apply to HARRY JOHNSON,
JR.’s residency at the facility.
REQUEST FOR PRODUCTION NO. 25: Any and all Medicaid and Medicare Cost
Reports for the year before through the last year of HARRY JOHNSON, JR.’s residency at the
facility.
REQUEST FOR PRODUCTION NO. 26: All documentation and reports from any
consultant and management personnel for the facility created nine (9) months prior to HARRY
JOHNSON, JR.’s residency through the end his residency. This request includes, but is notlimited to any ongoing or periodic report, study, evaluation or assessment generated by the
following consultants and management personnel:
a.
b.
Cc.
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.
REQUEST FOR PRODUCTION NO. 27: Any and all documents containing
information as to the daily resident census at the facility during HARRY JOHNSON, JR.’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.
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, JR.’s residency which relate to the facility and contain an analysis or report
of any of the following:
a.
b.
Cc.
The rate of occupancy at the facility;
The numbers of beds filled or empty during any report period;
Quality indicators;
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.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, JR.’s residency. This request seeks an accurate floor plan or
illustration which correctly identifies the room numbers in the facility.
REQUEST FOR PRODUCTION NO. 30: All documentation maintained by Defendants
for each employee at the facility who provided care to HARRY JOHNSON, JR. 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), including the 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,
10je Direct Deposit Authorization forms (redacted for private information).
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 nine (9) months prior through the end of
the HARRY JOHNSON, JR.’s residency.
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 from nine (9) months prior through the end of HARRY JOHNSON, JR.’s
residency.
REQUEST FOR PRODUCTION NO. 33: Please produce a copy of the contract in
effect during HARRY JOHNSON, JR.’s residency between the owner of the facility and any
entity which consulted and managed the facility.
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, JR.’s
residency.
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.
REQUEST FOR PRODUCTION NO. 36: Please produce a copy of any and all “key
indicator” reports or “quality indicator” reports generated from six (6) months prior through the
end of HARRY JOHNSON, JR.’s residency.
11REQUEST 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.
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 from nine (9) months prior through the end of
HARRY JOHNSON, JR.’s residency.
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
one year prior to the residency of HARRY JOHNSON, JR. to the filing of this lawsuit.
REQUEST FOR PRODUCTION NO. 40: All statements or evaluations made by
HARRY JOHNSON, JR. and/or his family members pertaining to the residency of HARRY
JOHNSON, JR. at the facility.
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 from nine (9) months prior through the end of HARRY JOHNSON, JR.’s residency.
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 nine (9) months prior through the end of HARRY JOHNSON, JR.’s residency.
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
12distributed at the in-service (including videos shown) sessions from nine (9) months prior
through the end of HARRY JOHNSON, JR.’s residency.
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 from nine (9) months prior through the end of HARRY
JOHNSON, JR.’s residency.
REQUEST FOR PRODUCTION NO. 45: All corporate integrity agreements executed
by the Defendants within the last ten (10) years.
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.
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, JR.’s residency.
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:
6
“pneumonia,” “infection,” “sepsis,” “septic,” “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,” “Flagler” (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.
13REQUEST FOR PRODUCTION NO. 49: Any and all staffing documents and/or
staffing forms provided to any state inspectors who were surveying the facility for the nine (9)
months prior through the end of the HARRY JOHNSON, JR.’s residency at the facility.
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, JR.’s residency.
REQUEST FOR PRODUCTION NO. 51: Any and all exit interviews completed for
any employee who left six (6) months prior through the end of the HARRY JOHNSON, JR.’s
residency at the facility.
REQUEST FOR PRODUCTION NO. 52: Any and all video and audio recordings of
HARRY JOHNSON, JR. while he was a resident at the facility.
REQUEST FOR PRODUCTION NO. 53: Any and all drug inventory logs pertaining
to HARRY JOHNSON, JR.
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, JR.’s residency.
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, JR.’s residency.
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
14defendants in Florida for the six (6) months prior through the end of the HARRY JOHNSON,
JR.’s residency at the facility.
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 for
the six (6) months prior through the end of the HARRY JOHNSON, JR.’s residency at the
facility.
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, JR.
REQUEST FOR PRODUCTION NO. 59: Job descriptions for each level and type of
Defendants’ employees at the facility during the residency of HARRY JOHNSON, JR.
REQUEST FOR PRODUCTION NO. 60: Any and all CMS 855-A_ ownership
applications submitted that relate to HARRY JOHNSON, JR.’s residency at the facility.
REQUEST FOR PRODUCTION NO. 61: Any and all phone records from the facility
and/or any cell phone records of any employees showing calls and/or attempted calls to the
family of HARRY JOHNSON, JR. during his residency.
REQUEST FOR PRODUCTION NO. 62: Any and all written communication between
the facility and any pharmacies regarding HARRY JOHNSON, JR. during his residency.
REQUEST FOR PRODUCTION NO. 63: Any and all investigations and/or written
statements taken regarding HARRY JOHNSON, JR. during his residency.
REQUEST FOR PRODUCTION NO. 64: A copy of all HUD filings in your
possession, custody or control regarding FLAGLER HEALTH AND REHABILITATION
15CENTER. This request includes but is not limited to the following forms: hud2530, hud9832,
hud9839A, hud9839B and hud9839C.
REQUEST FOR PRODUCTION NO. 65: A copy of any communication from you to
any person or entity regarding an application for HUD financing with respect to FLAGLER
HEALTH AND REHABILITATION CENTER.
REQUEST FOR PRODUCTION NO. 66: A copy of any communication to you from
any person or entity regarding HUD financing for FLAGLER HEALTH AND
REHABILITATION CENTER.
REQUEST FOR PRODUCTION NO. 67: A copy of any communication involving
FHA Section 232 regarding FLAGLER HEALTH AND REHABILITATION CENTER.
REQUEST FOR PRODUCTION NO. 68: A copy of all communications to or from
you regarding FHA232 management requirements.
REQUEST FOR PRODUCTION NO. 69: Any document in your possession, custody
or control regarding HUD approval for a Section 232 loan for FLAGLER HEALTH AND
REHABILITATION CENTER.
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
16CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 7" day of June, 2021, a true and correct copy of the
foregoing has been furnished to the following counsel of record via the Florida Courts E-Filing
Portal:
James B. Morrison, Esq.
Nicole M. Healy, Esq.
Jessica S. Herzig, Esq.
Quintairos, Prieto, Wood & Boyer, P.A.
1475 Centrepark Boulevard, Suite 130
West Palm Beach, Florida 33401
Primary Email: jmorrison.pleadings@qpwblaw.com
Secondary Email: Rebecca.kimball@qpwblaw.com
Attorneys for Defendant
/s/ Carl R. Wilander
Carl R. Wilander, Esquire
Florida Bar Number: 48239
MENDES, REINS & WILANDER, PLLC
4401 W. Kennedy Blvd., Ste. 250
Tampa, FL 33609
Telephone: (813) 535-5053
carl@mrwlawgroup.com
fl@mrwlawgroup.com
Co-Counsel for Plaintiff
17
Preview
Filing # 128186742 E-Filed 06/07/2021 08:53:09 AM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, STATE OF FLORIDA CIVIL DIVISON THE ESTATE OF HARRY JOHNSON, JR., by and through, HARRIET S. JOHNSON, Personal Representative, Plaintiff, CASE NO.: 2021-CA-000023 vs. 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), Defendants. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANTS Plaintiff, THE ESTATE OF HARRY JOHNSON, JR., by and through, HARRIET S. JOHNSON, Personal Representative, by and through undersigned counsel, hereby propounds the following First Request for Production of Documents to Defendants and requests said Defendants to produce the requested items in accordance with the Florida Rules of Civil Procedure: DEFINITIONS AND INSTRUCTIONS You are requested to furnish all information in your possession and all information available to you, not merely such information as you know of as your own personal knowledge, but also all knowledge that is available to you, your representatives, agents and attorneys to the extent not privileged, including inquiry of their representatives. Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 06/07/2021 11:44 AMIf you are unable to answer the following discovery completely, answer to the extent possible, specifically stating what information or knowledge you have concerning the unanswered portion. 1. “You or Your.” The terms “You” and “Your,” as well as a party’s full or abbreviated name or pronoun referring to a party, mean the party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiaries, affiliates, or any other individual or entity presently or formally acting on the party’s behalf. 2. “Person.” The term “person” is defined as any natural person or business, legal or governmental entity or association. 3. “Identify” (with respect to persons). | When referring to a person, “to identify” means to give, to the extent known, the (1) person’s full name, (2) present or last known address, (3) present or last known telephone number, and (4) when referring to a natural person, additionally, the present or last known place of employment. 4. “Identify” (with respect to documents). When referring to documents, “to identify” means to give, to the extent known, the (a) type of document; (b) general subject matter; (c) date of the document; and (d) author(s), addressee(s), and recipient(s). 5. “Document or Record.” The term “document” is used in its broadest sense, and includes, without limitation, writings, books, papers, minutes, notes, drafts, drawings, graphs, reviews, evaluations, charts, schedules, logs, photographs, correspondence, records, letters, memoranda, reports, sheets, computer records, e-mails, and other data compilations in any form including but not limited to electronic, mechanical, magnetic, optical or electric records or representations of any kind including metadata or tangible items from which information can be obtained or translated into reasonable useable form.6. “Residency.” For purposes of this discovery, “residency” is defined as the period during which time HARRY JOHNSON, JR. was a resident of FLAGLER HEALTH AND REHABILITATION CENTER. 7. “Facility.” For purposes of this discovery, “facility” is defined as FLAGLER HEALTH AND REHABILITATION CENTER, a skilled nursing facility located at 300 Dr. Carter Blvd., Bunnell, FL 32110. 8. To preserve the privacy of residents other than HARRY JOHNSON, JR., Defendant may delete, obliterate, or otherwise redact the names of residents other than HARRY JOHNSON, JR. with regard to the records requested in this Request for Production. Plaintiff is willing, upon request from Defendants, to pay the cost of securing these records in a form that preserves the privacy of other residents and the confidentiality of their records. 9. Unless otherwise indicated, please produce copies of the requested items and Plaintiff will reimburse you the reasonable costs of doing so. 10. ‘If any document is withheld from production under a claim of privilege or other exemption from discovery, state the title and nature of the document, and furnish a list signed by the attorney of record giving the following information with respect to each document withheld: a. the name and title of the author and/or sender and the name and title of the recipient; b. the date of the document’s origination; c. the name of each person or persons (other than stenographic or clerical assistants) participating in the preparation of the document; d. the name and position, if any, of each person to whom the contents of the documents have heretofore been communicated by copy, exhibition, reaching or substantial summarization; e. astatement of the specific basis on which privilege is claimed. 11. These discovery requests are not intended to be duplicative. All requests should be responded to fully and to the extent not covered by other requests. If there are documents thatare responsive to more than one request, then please so note and produce each such document first in response to the request that is more specifically directed to the subject matter of the particular document. 12. “Care.” For the purposes of this discovery, is any and all assistance, treatments, and/or services provided by any of the facilities employees whether nursing personnel or not. REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 1: A laser color copy of the original chart for HARRY JOHNSON, JR. regarding his care and treatment, HARRY JOHNSON, JR.’s care and related medical services at the facility. All reasonable copying costs will be reimbursed at Plaintiff's expense. REQUEST FOR PRODUCTION NO. 2: Photographic copies of any and all photographs that were taken of HARRY JOHNSON, JR. 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. REQUEST FOR PRODUCTION NO. 3: A copy of the complete administrative file or files prepared and/or maintained by the facility concerning HARRY JOHNSON, JR., including any contract between HARRY JOHNSON, JR. and the facility, and any attachments to that contract. REQUEST FOR PRODUCTION NO. 4: A copy of any writing, document or thing that concerns HARRY JOHNSON, JR. in any way and has not been produced in response to requests number one (1) through three (3) above. 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 thefacility to communicate between any persons providing care or services to residents which were prepared or maintained by the facility concerning HARRY JOHNSON, JR. in any way and has not been previously produced. 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 which the nursing home charged HARRY JOHNSON, JR. or any third party payer on behalf of HARRY JOHNSON, JR. 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, JR.; All bills or statements submitted to HARRY JOHNSON, JR., his power of attorney, guardian, or family for room and board, services, supplies, equipment, or other items provided to HARRY JOHNSON, JR., including co-payments or deductibles, by the facility; 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, JR.; and All statements, lists, or reconciliation’s of trust accounts reflecting funds received from HARRY JOHNSON, JR.’s power of attorney, guardian, or family or held in trust for the benefit of HARRY JOHNSON, JR. 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, JR.’s residency.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, JR.’s residency. REQUEST FOR PRODUCTION NO. 9: Defendants’ policies and procedures in effect at the facility during the residency of HARRY JOHNSON, JR. 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; b. Disciplinary guidelines for employees; c. Budgetary process, including information as to who has final approval of said budget; d. Varying from established budgets; e. Document and email retention and storage; f. Staffing of the facility; and g. Human resources management policy and procedures manual (including but not limited to policy and procedures on abuse and neglect). REQUEST FOR PRODUCTION NO. 10: All employee/associate handbooks which were in effect at the facility during the residency of HARRY JOHNSON, JR. REQUEST FOR PRODUCTION NO. 11: Any and all records of accidents or incidents concerning HARRY JOHNSON, JR. during his residency at the facility. 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 nine (9) months prior through the end of the HARRY JOHNSON, JR.’s residency at the facility.REQUEST FOR PRODUCTION NO. 13: All writings or documents in your possession reflecting any investigations conducted by any governmental agencies concerning HARRY JOHNSON, JR. REQUEST FOR PRODUCTION NO. 14: A copy of any contract between Defendants and/or the facility and its Medical Director(s) during HARRY JOHNSON, JR.’s residency. 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, JR. 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, JR.’s residency through the end of HARRY JOHNSON, JR.’s residency at the facility. REQUEST FOR PRODUCTION NO. 17: Copies of any and all resident council minutes for the six (6) months prior through the end of HARRY JOHNSON, JR.’s residency at the facility. REQUEST FOR PRODUCTION NO. 18: Copies of any Medicare and/or Medicaid applications that were submitted for any time period that the HARRY JOHNSON, JR. was at the facility. REQUEST FOR PRODUCTION NO. 19: Copies of any minutes of the Governing Body of the facility for the six (6) months prior through the end of HARRY JOHNSON, JR.’s residency at the facility. 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 theidentity, 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, JR.’s residency. 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 for the nine (9) prior through six (6) months after HARRY JOHNSON, JR.’s residency. 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, JR.’s residency at the facility. REQUEST FOR PRODUCTION NO. 23: All license applications submitted to any state agency for any time period that the HARRY JOHNSON, JR. was at the facility. REQUEST FOR PRODUCTION NO. 24: Any and all Change of Ownership (CHOW) documents submitted to any state or federal agency that relate/ apply to HARRY JOHNSON, JR.’s residency at the facility. REQUEST FOR PRODUCTION NO. 25: Any and all Medicaid and Medicare Cost Reports for the year before through the last year of HARRY JOHNSON, JR.’s residency at the facility. REQUEST FOR PRODUCTION NO. 26: All documentation and reports from any consultant and management personnel for the facility created nine (9) months prior to HARRY JOHNSON, JR.’s residency through the end his residency. This request includes, but is notlimited to any ongoing or periodic report, study, evaluation or assessment generated by the following consultants and management personnel: a. b. Cc. 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. REQUEST FOR PRODUCTION NO. 27: Any and all documents containing information as to the daily resident census at the facility during HARRY JOHNSON, JR.’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. 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, JR.’s residency which relate to the facility and contain an analysis or report of any of the following: a. b. Cc. The rate of occupancy at the facility; The numbers of beds filled or empty during any report period; Quality indicators; 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.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, JR.’s residency. This request seeks an accurate floor plan or illustration which correctly identifies the room numbers in the facility. REQUEST FOR PRODUCTION NO. 30: All documentation maintained by Defendants for each employee at the facility who provided care to HARRY JOHNSON, JR. 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), including the 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, 10je Direct Deposit Authorization forms (redacted for private information). 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 nine (9) months prior through the end of the HARRY JOHNSON, JR.’s residency. 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 from nine (9) months prior through the end of HARRY JOHNSON, JR.’s residency. REQUEST FOR PRODUCTION NO. 33: Please produce a copy of the contract in effect during HARRY JOHNSON, JR.’s residency between the owner of the facility and any entity which consulted and managed the facility. 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, JR.’s residency. 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. REQUEST FOR PRODUCTION NO. 36: Please produce a copy of any and all “key indicator” reports or “quality indicator” reports generated from six (6) months prior through the end of HARRY JOHNSON, JR.’s residency. 11REQUEST 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. 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 from nine (9) months prior through the end of HARRY JOHNSON, JR.’s residency. 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 one year prior to the residency of HARRY JOHNSON, JR. to the filing of this lawsuit. REQUEST FOR PRODUCTION NO. 40: All statements or evaluations made by HARRY JOHNSON, JR. and/or his family members pertaining to the residency of HARRY JOHNSON, JR. at the facility. 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 from nine (9) months prior through the end of HARRY JOHNSON, JR.’s residency. 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 nine (9) months prior through the end of HARRY JOHNSON, JR.’s residency. 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 12distributed at the in-service (including videos shown) sessions from nine (9) months prior through the end of HARRY JOHNSON, JR.’s residency. 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 from nine (9) months prior through the end of HARRY JOHNSON, JR.’s residency. REQUEST FOR PRODUCTION NO. 45: All corporate integrity agreements executed by the Defendants within the last ten (10) years. 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. 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, JR.’s residency. 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: 6 “pneumonia,” “infection,” “sepsis,” “septic,” “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,” “Flagler” (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. 13REQUEST FOR PRODUCTION NO. 49: Any and all staffing documents and/or staffing forms provided to any state inspectors who were surveying the facility for the nine (9) months prior through the end of the HARRY JOHNSON, JR.’s residency at the facility. 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, JR.’s residency. REQUEST FOR PRODUCTION NO. 51: Any and all exit interviews completed for any employee who left six (6) months prior through the end of the HARRY JOHNSON, JR.’s residency at the facility. REQUEST FOR PRODUCTION NO. 52: Any and all video and audio recordings of HARRY JOHNSON, JR. while he was a resident at the facility. REQUEST FOR PRODUCTION NO. 53: Any and all drug inventory logs pertaining to HARRY JOHNSON, JR. 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, JR.’s residency. 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, JR.’s residency. 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 14defendants in Florida for the six (6) months prior through the end of the HARRY JOHNSON, JR.’s residency at the facility. 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 for the six (6) months prior through the end of the HARRY JOHNSON, JR.’s residency at the facility. 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, JR. REQUEST FOR PRODUCTION NO. 59: Job descriptions for each level and type of Defendants’ employees at the facility during the residency of HARRY JOHNSON, JR. REQUEST FOR PRODUCTION NO. 60: Any and all CMS 855-A_ ownership applications submitted that relate to HARRY JOHNSON, JR.’s residency at the facility. REQUEST FOR PRODUCTION NO. 61: Any and all phone records from the facility and/or any cell phone records of any employees showing calls and/or attempted calls to the family of HARRY JOHNSON, JR. during his residency. REQUEST FOR PRODUCTION NO. 62: Any and all written communication between the facility and any pharmacies regarding HARRY JOHNSON, JR. during his residency. REQUEST FOR PRODUCTION NO. 63: Any and all investigations and/or written statements taken regarding HARRY JOHNSON, JR. during his residency. REQUEST FOR PRODUCTION NO. 64: A copy of all HUD filings in your possession, custody or control regarding FLAGLER HEALTH AND REHABILITATION 15CENTER. This request includes but is not limited to the following forms: hud2530, hud9832, hud9839A, hud9839B and hud9839C. REQUEST FOR PRODUCTION NO. 65: A copy of any communication from you to any person or entity regarding an application for HUD financing with respect to FLAGLER HEALTH AND REHABILITATION CENTER. REQUEST FOR PRODUCTION NO. 66: A copy of any communication to you from any person or entity regarding HUD financing for FLAGLER HEALTH AND REHABILITATION CENTER. REQUEST FOR PRODUCTION NO. 67: A copy of any communication involving FHA Section 232 regarding FLAGLER HEALTH AND REHABILITATION CENTER. REQUEST FOR PRODUCTION NO. 68: A copy of all communications to or from you regarding FHA232 management requirements. REQUEST FOR PRODUCTION NO. 69: Any document in your possession, custody or control regarding HUD approval for a Section 232 loan for FLAGLER HEALTH AND REHABILITATION CENTER. [CERTIFICATE OF SERVICE ON FOLLOWING PAGE] 16CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 7" day of June, 2021, a true and correct copy of the foregoing has been furnished to the following counsel of record via the Florida Courts E-Filing Portal: James B. Morrison, Esq. Nicole M. Healy, Esq. Jessica S. Herzig, Esq. Quintairos, Prieto, Wood & Boyer, P.A. 1475 Centrepark Boulevard, Suite 130 West Palm Beach, Florida 33401 Primary Email: jmorrison.pleadings@qpwblaw.com Secondary Email: Rebecca.kimball@qpwblaw.com Attorneys for Defendant /s/ Carl R. Wilander Carl R. Wilander, Esquire Florida Bar Number: 48239 MENDES, REINS & WILANDER, PLLC 4401 W. Kennedy Blvd., Ste. 250 Tampa, FL 33609 Telephone: (813) 535-5053 carl@mrwlawgroup.com fl@mrwlawgroup.com Co-Counsel for Plaintiff 17