Preview
Filing # 109518321 E-Filed 06/29/2020 10:43:19 AM
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1 IN THE CIRCUIT COURT OF THE
EIGHTH JUDICIAL CIRCUIT, IN
2 AND FOR ALACHUA COUNTY, FLORIDA
3 CASE NO. 01-2018-CA-004032
4
GALE ARLEDGE and TERRANCE
5 ARLEDGE, her husband,
6 Plaintiffs,
7 vs.
8 13th STREET HOME SALES,
9 Defendant.
1000 ---------------------- /
11 TRANSCRIPT OF HEARING
12 This cause came on for hearing before the
13 Honorable Donna M. Keim, Circuit Judge, at the
14 Alachua County Family and Civil Justice Center, 201
15 East University Avenue, Gainesville, Florida,
16 commencing at 1:30 p.m. on February 17, 2020.
APPEARANCES:
JAMES P. BRUNET, ESQUIRE, Jacksonville,
19 Florida, appearing on behalf of the Plaintiffs.
20 CARLA SABBAGH, ESQUIRE, Gainesville,
Florida, appearing on behalf of the Defendant.
21
22 (Deft's motion, pg. 2/P1f's motion, pg. 19)
23
24 REPORTED BY KAREN L. BIERY |
JOHNS, STEPHENSON & BIERY i
25 ADVANTAGE COURT REPORTERS i
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(The following proceedings were held in
chambers: )
THE COURT: And we have two motions
scheduled for today. We have Plaintiff's
Motion to Compel an Inspection and Examination
of the Defendant's Computer Systems and the
Defendant's Motion to Compel Dates for
Depositions of Health Care Practitioners in
Response to Plaintiff's Emergency Motion for
Protective Order.
MS. SABBAGH: Yes, Your Honor.
THE COURT: Which one would like to be
heard first?
MS. SABBAGH: We're actually scheduled to
have the motion to compel depositions first,
and time permitting, essentially, the second
motion.
I know the court routinely reads all of
the motions prior to hearings, which is really
nice as compared to some of the judges I deal
with in Marion County. So I suspect I'm not
going to tell the court anything it doesn't
already know, but back in November, since mid
November, I have been sending letters to
opposing counsel requesting deposition dates
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for records custodians, which can actually be
done very, very quickly, but the ones that are
more substantive are the various healthcare
practitioners that have treated the plaintiff
both prior to the accident and since the
accident.
There have been several attorneys.
There's been some turnover in opposing
counsel's firm, so I tried as much as possible
to cast a really wide net, and that went to the
attorney that was immediately handling
everything and the partner that was overseeing
everything on the cc. Got no response to my
letter of November 18th.
Then December 26th I actually sent a
letter to counsel that is currently here
present, once again saying, "I need to take
these depositions." I essentially set aside
the entire month of January for this purpose
and specifically said in my letter of
December 26, "If any of these dates don't work,
tell me so that I can free those dates up to do
things for other cases." Received no response
to that letter.
On December 31st I sent yet another
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letter, once again to counsel here present,
saying, "We really need to take these
depositions. I have set aside the entire month
of January. Let me know when we can get these
scheduled." I received no response -- no
substantive response to that. I did, however,
that very same day receive an e-mail
acknowledging receipt of my letter. So no
question that this letter is being received by
the appropriate party. Mr. Brunet said,
"Please make sure to cc my paralegal."
So there's no question that these letters
reached their intended recipients that I have
been asking for months to set these depositions
and received absolutely no response.
While all of these issues were pending, I
received an e-mail from a paralegal, who I
understand is no longer with opposing counsel's
office, saying we'd like to schedule an
inspection on one of the dates that I had
offered for the deposition of the doctors.
Seeing what I thought was an opportunity when
opposing counsel was available, I immediately
contacted one of the most important healthcare
providers and scheduled his deposition. That
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deposition was noticed January 17th of this
year for January 22nd, which I had put in my
various letters saying, "We need to take these
depositions," and they implicitly suggested
opposing counsel was available.
In response to that, I got an emergency
motion for protective order. And this is
actually something I'd really like to bring to
the court's attention. Plaintiff's Emergency
Motion for Protective Order was filed less than
24 hours before that deposition was supposed to
take place, leaving me absolutely no choice but
to cancel the deposition. What's interesting
about that is that plaintiff's counsel --
THE COURT: I would disagree with that.
The filing of an emergency motion for
protective order really doesn't provide them
any protection, right?
MS. SABBAGH: I anticipated it would be an
issue if I went ahead and took the deposition
when they had filed something indicating he may
not be available. So, really, in the interest
of a clean and less problematic procedure, I
went ahead and cancelled it.
But what's interesting about that is their
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emergency motion says essentially, "Plaintiff's
counsel is unavailable on the 22nd because he
will be in Gainesville taking the deposition of
a different doctor in town." So, clearly, we
were -- we received an e-mail saying, "We'd
like to do an inspection" on the same date that
opposing counsel will already be in
Gainesville. Opposing counsel hails from
dacksonville as I understand it. So, clearly,
this inspection, this date was suggested on a
day that opposing counsel would already be in
Gainesville.
The deposition was scheduled for ten, the
one he was supposed to attend. The one we
noticed was for 12:30. I didn't get a call
saying, Listen, I'm available, let's move it
up, let's move it down. That's not what I got.
Instead it was simply a motion that said, No,
too bad, so sad, can't do it. So we filled a
motion to compel. We noticed the motion to
compel January 28th.
So at this point I have spent months
trying to set 16 depositions, which if we had
started at least taking some of these back in
November, we'd be fairly well along at this
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point. Absolutely no deposition dates.
As of Friday the 7th, we were still
e-mailing back and forth and I said to opposing
counsel, "I've been trying to set these
depositions. You tell me when you're
available." That was February 7th. It was
only this morning a few hours ago that for the
first time ever -- we're in February; I started
trying in November -- that I received four
deposition dates, at 9:30 this morning. I'll
note that three of these four deposition dates
fall on Spring Break. I will deal with that.
I will take these depositions on my children's
Spring Break if I have to.
But the bigger problem now is the soonest
is several weeks away and the majority of them
are almost a month away. We're starting to
butt against discovery deadlines, quite
frankly. In addition, these four dates are
insufficient as opposing counsel knows because
they're his client's treating physicians.
Quite a few of these are not located in
Gainesville. We're going to have to travel. I
don't believe we can do 16 depositions in
multiple locations in the course of four days.
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These are not enough dates.
So, while originally my problem was I
couldn't get any dates whatsoever, my current
problem as of this morning is these are not
enough dates. So I am requesting the court
require opposing counsel provide us with
additional dates so that we can be sure that we
complete the depositions that we need, which we
have been requesting for approximately three
months.
THE COURT: Did you ever pick up the phone
and call plaintiff's counsel?
MS. SABBAGH: We spoke on -- we did as a
matter of fact. We spoke the -- January 17th,
I think. We did speak, actually. Opposing
counsel called me to tell me he was unavailable
for the deposition which I had noticed, and I
said, "I was told by your office you were
available." He disputed that assertion. I
don't know whether he hadn't seen the e-mail,
but we did actually speak.
The bigger problem was anytime that I
called over there, and I called twice and
basically got bounced around because no one
knew which attorney was actively handling the
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cause and it sort of -- anytime I called, I hit
a dead end. So it seemed like letters were the
best way to go, I could send a letter and all
three attorneys would get it simultaneously.
THE COURT: Thank you. Response?
MR. BRUNET: Yes, Judge. I don't disagree
with some of what Miss Sabbagh said. Some of
the earlier communications I really wasn't
privy to, Judge. We have had some movement in
personnel on our team. I've been solidly on
board since probably early December, I would
say.
There was some communication back and
forth with Ms. Sabbagh. We did not get dates.
Part of the reason for the delay getting dates
was the fact that her first letter to us
indicated she wanted to take 27 different
depositions, half of which were records
custodians. So that was a somewhat troubling
issue to us, which we've actually managed to
resolve.
Ms. Sabbagh and I communicated by e-mail
last week, and I indicated to her that we would
waive the necessity to have records custodians
be deposed, we wouldn't dispute the
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authenticity of records, preserving other
objections, of course.
Ms. Sabbagh and I did actually speak
before -- well, actually, shortly after we
filed our emergency motion for protective
order, and the reason for the timing of that
was I wasn't aware of any of this until I was
at the airport coming back from Miami. This
was actually on the 21st that we spoke, and I
believe Ms. Sabbagh's e-mail would reflect
that.
I called her twice and left voicemails,
was unable to get her. I was concerned that I
would be on an airplane and be unable to
communicate with anyone and the time for filing
the motion for protective order would expire.
So before I had the opportunity to speak with
her and confer about that deposition, we went
ahead and filed.
After that she called me. We talked very
briefly about the deposition. I understand the
difficulty with getting deposition dates, and
we'll certainly do everything we can to make
that process go easier in the future. As she
pointed out, we've already provided four dates,
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10th, 23rd to 25th of March -- any dates that
I'm available. I mean, we're not trying to
block discovery, basically, Judge, is what I'm
trying to say.
I did frankly think that it was kind of
game playing to have a deposition suddenly
noticed based on a request for a site
inspection by my head legal assistant, and the
e-mail that she sent out, I would just point
out to you, Judge, it says, "We would like to
request a site inspection. Our expert is
available January 22nd." I don't necessarily
need to be at a site inspection, and I actually
did, as she pointed out, have another
deposition set for that day. I understand why
she would think, "Let me grab this date for
something else." That was never our intent.
We have other -- a junior attorney who
wouldn't be able to take a deposition, but who
does sometimes go on site inspections. In
addition, we have investigators that do that as
well.
So, again, the larger picture here, we're
not trying to evade discovery or be in any way
obstructive. Happy to comply with whatever the
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court's directive would be with regard to
providing additional dates. We've already
provided four full days for depositions, and
we'll do it as efficiently as we can to try to,
you know, maximize the amount of depositions we
can take on each day.
THE COURT: Anything further?
MS. SABBAGH: No, Your Honor, other than I
would request ten days. I realize I can
probably get these depositions done two a day,
which would require eight, but we do have to
work around the healthcare practitioners'
schedules, and I suspect some of them will have
Spring Break plans with their families, which
will make it a little bit difficult to schedule
around as well. So I would request -- they've
given four. I would request ten.
MR. BRUNET: Just in response to that, I
think ten days for discovery would be a little
bit excessive, but, again, we're certainly
happy to do whatever we can to get these
depositions completed.
THE COURT: Well, you're not taking the
records custodian depos any longer, correct?
MS. SABBAGH: No. So it's 16 healthcare
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providers, some pre-accident, some
post-accident. She'd had surgery, she's had
surgical recommendations, I believe, in
addition to those surgeries that have already
been completed, and there is some question with
regard to her preexisting condition affecting
her current condition. So we really do need to
take these 16. It's not all of her providers,
believe it or not, Your Honor. There's a few
more. Those are the only ones that I actually
want to get their deposition testimony taken.
THE COURT: Mr. Brunet, do you have your
calendar with you here today?
MR. BRUNET: I can give it a shot, Judge,
but it's going to be via phone, which is less
than ideal.
I'm just going to have to pull it up a day
at atime. If you want to suggest a couple of
more days, I can -- or however the court would
like to --
THE COURT: Are you able to look at --
you're not able to look at the whole month and
tell me what other dates you're available for
deposition in the month of March?
MR. BRUNET: For example, I don't have
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anything Friday, April 3rd.
THE COURT: I'm talking about the month of
March.
MR. BRUNET: Oh, I apologize.
THE COURT: What I didn't hear is an
explanation as to why no dates were provided
after the November and December e-mails, and
that's concerning to me because that does push
all of the discovery back in the case a couple
of months.
MR. BRUNET: Certainly, Judge. And I do
apologize for that. My response to them on New
Year's Eve, which I think I probably sent from
my phone, was my first involvement with the
scheduling issue, and I think the problem is
the movement within our team in our firm
resulted in the correct people, i.e., my head
legal assistant, my paralegal, not timely
getting these letters or notices because they
were being sent to the wrong people.
So that's why I responded by e-mail asking
that everything please be sent to
Team4@RonSholes, which is a fairly new
iteration of our communication system, and so
that actually works. That goes to everybody.
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So going forward from that, we've
been -- I think we've been doing a better job,
let me just say, with communicating and at
least getting things done.
But, again, part of the problem was the
number of people she was trying to depose with
these records custodians, and I'll be the first
to admit, I probably should have reached out
sooner. That's my oversight for not doing
that. I can only apologize for that and
promise to do a better job with that in the
future.
THE COURT: This has certainly been, I
think, noticed for a while, it's been filed for
a while, and then to provide the dates and only
to provide four dates the morning of the
hearing, that doesn't do anyone a lot of good.
MR. BRUNET: I understand.
THE COURT: Do you have anything the week
of March 2nd?
MR. BRUNET: I'm actually looking at that
week right now, and it actually looks like I'm
open on the 2nd. Is that a Monday?
MS. SABBAGH: I'm open almost the entire
week of March 9th. I'm available 9th, 10th,
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llth, and 13th. The only date that I am not
available is the 12th.
THE COURT: So you're not available the
week of the 2nd?
MS. SABBAGH: I know for a fact I hada
trial. Give me a second.
Opposing counsel is in luck. I hada
trial that week and it has since settled and it
looks like I have nothing that conflicts. So
I'm available the entire week of March 2nd and
the following week every day except Thursday.
THE COURT: So let's start with March 2nd,
that week. What days are you available?
MR. BRUNET: I'm available on the 2nd.
There's several holds on the 3rd. There are
several holds on the 3rd. I wouldn't want to
commit to that day. Looks like I'm open the
first part of the 4th.
THE COURT: So the morning of the 4th.
MR. BRUNET: There's possibly a deposition
in Orlando at 4:00 p.m.
THE COURT: So the morning of the 4th.
MR. BRUNET: Wide open on the 5th.
And I've got two depositions on the 6th.
MS. SABBAGH: So the 6th is no good.
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MR. BRUNET: No.
THE COURT: And then looking at the week
of March 9th, when are you available? I think
Ms. Sabbagh is available every day except the
12th?
MS. SABBAGH: Correct.
MR. BRUNET: I've got a hold on Monday at
4 for depo, but I think I can be available in
the morning.
THE COURT: Okay.
MR. BRUNET: Tenth is wide open. The 11th
is shot. I've got a depo in the morning and
one in the afternoon. Actually got a hearing
in the afternoon.
Twelfth, I have a depo at 10 a.m., the
afternoon is open.
And then I'm out on the 13th.
THE COURT: What about the week of
March 16th? Ms. Sabbagh. I'11 start with you.
MS. SABBAGH: I'm available the 16th
through 18th and the 20th. Once again every
day but Thursday.
MR. BRUNET: I'm good on the 16th.
Seventeenth, I've got four holds. I don't know
if anything's going to go or not. The 18th I'm
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available. Nineteenth I'm available. You're
not though.
MS. SABBAGH: No, I'm not on the 19th.
MR. BRUNET: And the 20th.
THE COURT: So I am going to enter an
order granting the defendant's motion to compel
dates for deposition. I'm going to order you,
Mr. Brunet, to hold all of those dates that you
just advised me you were available.
I'm going to ask Ms. Sabbagh to prepare an
order and it's going to state that plaintiff's
counsel shall hold the following dates for
deposition: March 2nd, March 4th in the
morning, March 5th, March 9th in the morning,
March 10th, March 16th, March 18th, March 20th,
and then the previous dates you gave of
March 23rd to 25th and 26th, and you'll hold
those until February 28th. Does that give you
enough time to schedule those depositions on
those dates?
MS. SABBAGH: It should.
THE COURT: So you'll hold those dates
until February 28th at 5:00 p.m. unless you're
advised prior to that that defense counsel's
releasing those dates, after you coordinate
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with the doctors.
That should be enough time to schedule 16
physicians. It's a lot of depositions to take
in one month, but that should keep you on track
as far as trial deadlines.
And then the next thing is plaintiff's
motion to compel the inspection. I was
confused. Has there been a request for that
inspection previously and that's been denied?
MR. BRUNET: There has. A request was
made, and repeated communications were made
between myself and Ms. Sabbagh. At the
deposition, the corporate rep deposition, the
corporate rep acknowledged we would be given
access to the computers. I'm not sure he quite
understood what we were asking, but, in any
case, we did pursue that and it was denied. I
pretty well laid out the time line. I'm sure
the court's read our motion.
THE COURT: I did read it. I just
didn't -- maybe I read it too quickly. So was
there a formal request for inspection that was
made and the response was, "We're not making it
available"?
MR. BRUNET: That's correct, Judge.
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THE COURT: Okay.
MR. BRUNET: And as we set forth in our
motion, essentially, it became apparent during
Mr. Wainwright's deposition that there was some
question about whether or not there was a sign
appearing on the door leading to the bathroom
where Ms. Arledge fell through the floor at the
time she entered that room, and
Mr. Wainwright's deposition testimony was that
there was a sign on the door, that the sign was
typewritten, that it had been created either by
him on his computer or by his assistant on her
computer in the office.
It was apparent that Mr. Wainwright was
not being entirely forthright during his
deposition, or at least it appeared that way.
So we asked him about the computer records,
whether they would still exist. He said that
they would. Then he equivocated and said he
wasn't sure that they still had the same
computers.
What we are requesting, Your Honor, is
that our expert be permitted to access the
computers and he will use --
THE COURT: Is there a request to produce
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or a request for inspection reflecting what it
is you're asking for? I didn't see that
attached, and it could be that my assistant
just didn't print it out for me.
MR. BRUNET: I may not have a copy.
THE COURT: Was it attached to your motion
to compel? I didn't see reference to it --
MR. BRUNET: It was not.
MS. SABBAGH: It was not.
THE COURT: And usually when I'm reviewing
a motion to compel, that's the main thing I
want to see was what was the actual request,
what's at issue.
MR. BRUNET: It appears I have everything
but that with me.
MS. SABBAGH: Mr. Brunet, I'm going to
save you some time and represent to you that
the only communication requesting an inspection
was via e-mail to me.
MR. BRUNET: Well, that may very well have
been the case, which was denied and that would
have prompted a motion to compel.
THE COURT: Well, tell me then about the
good faith efforts to resolve this issue before
you filed your motion or scheduled this
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hearing.
MR. BRUNET: Communications with
Ms. Sabbagh requesting access to the computers.
Her response was -- her initial response was
that her client was traveling to a family
funeral, but she would get back with me. She
did finally get back with me sometime later and
advised that they would not permit voluntary
inspection of the computers. This was by
e-mail. I thought I had all this with me,
Judge, but I do not seem to.
We did send -- after my initial
conversation with Ms. Sabbagh, we sent another
preservation demand, which prompted further
communication with Ms. Sabbagh in this regard.
This was my communication with
Miss Sabbagh, Judge, e-mail traffic requesting
inspection. It was during the Thanksgiving
period. And the very last communication
details the scope of the requested examination.
I don't seem to have her response to that,
however.
MS. SABBAGH: It's attached to my motion.
We'll get there.
MR. BRUNET: I apologize, Judge, I'm not
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putting my hands on her response to that last
communication from me. Needless to say, I
think that her motion or her response that she
filed will clarify that the request to inspect
the computer system was denied.
That e-mail chain there would constitute a
good faith attempt to resolve the issue before
bringing it to the court.
THE COURT: Miss Sabbagh, response?
MS. SABBAGH: Your Honor, I have color
coordinated these so it will be a little bit
easier to follow. If you will turn to the
yellow tab, this is a plaintiff's notice of
taking deposition duces tecum.
And, again, I'm sure that the court's had
an opportunity to review this, but, in essence,
the plaintiff's notice of taking deposition
duces tecum didn't have an actual deposition
date, but simply provided notice, I presume, to
all the parties and the court of what the
corporate representative was to know. As I
indicated in my motion, what was not listed was
that the corporate representative needed to
know anything with regard to the computers,
whether they still had the same computers,
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whose computer was used to create the sign.
If you turn to the blue tab, this is what
I would consider a more formal notice of taking
deposition duces tecum which actually has a
date, time, et cetera, for the corporate
representative, and, again, doesn't indicate
that he needs to be well versed in anything
with regard to the company's computer systems,
whether or not they still have the same
computers, whose computer was used to create
the sign at issue.
And on the purple tab, you actually have
my response to Mr. Brunet's e-mail
communication requesting an inspection where I
essentially indicated, "I understand that you
think it is necessary for you to inspect my
client's computers, but the corporate
representative whose deposition you are
referencing didn't know anything about the
computers or the signs, wasn't asked to know
anything about the computers or the signs, and
the other deponents weren't asked anything
relevant."
So I requested that he attempt to find a
less intrusive mean or means of obtaining the
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information that he wanted, perhaps an
interrogatory. I didn't specifically say
request for production, but, essentially, is
there something that would be less intrusive
where you could get the information that you
need or want. In response he filed the motion
to compel inspection.
I think it's important before we even
discuss the case law at issue that we look at
the deposition testimony which Mr. Brunet
believes indicates my client was being
untruthful or at least withholding relevant
information regarding the computer systems.
Now, I made it a point to include only the
testimony he relies on. So this is only the
deposition testimony he relies on.
On page 105, the corporate representative
is asked about the sign and whether it would be
his computer or another employee's computer
that was used to create the sign, and he
replied on the following page that he simply
didn't know.
On page 113, he's asked about whether or
not they had the same computers, and he said in
one response they should, but he is not sure
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because they periodically change the computers.
There's no backtracking. He simply was not
sure.
Then on page 114, they ask whether, if
there was a forensic investigation, whether
they would have the same computers. And, once
again, he said, you know, if they have the same
computer, they should be able to find that
information, but essentially he simply wasn't
sure whether or not they have the same
computers.
And, finally, on page 116, they asked
whether or not his computers are cloud based or
whether they're on a network and he said, no,
they are not -- "I don't think so."
So the corporate representative was not
asked to be well-versed in whether or not they
have the same computers and whose computers
were used. Had that been noticed, I would have
made sure that he had information to provide in
that regard. He wasn't asked to know that and
he testified at his deposition quite clearly
that he simply didn't know. There is no
attempt to hide anything. He simply did not
know.
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Now, a motion to compel inspection of
someone's computers should only be granted when
the party requesting that proves, not alleges,
proves that the evidence of any
destruction -- let me rephrase that. That's
poorly worded.
Has to be provided after a party proved
evidence of any destruction of evidence or
thwarting of discovery, likelihood of the
information exists on the devices, and there
are no less intrusive means of getting that
information.
In this particular situation, they have
proven none of that. They haven't even
correctly alleged the grounds necessary to get
an inspection of my client's computers. There
are less intrusive means. They can ask an
interrogatory. They can send a request for
production for those particular items. If they
want them on a memory stick so they get the
actual properties, we can provide that.
But there simply is no grounds at this
point in time to compel an inspection of my
client's computers when there are less
intrusive means of getting the same information
Advantage Court Reporters
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ian HW F&F WwW DY
Page 28
and when there is no evidence that anything has
been destroyed or that my clients are
imminently threatening to destroy the relevant
information. It's simply not necessary at this
point in time. That's certainly what I
communicated in my letter of December 26 to
which I received no response.
Given the information in the plaintiff's
motion and the deposition testimony, I just
don't believe that's appropriate.
MR. BRUNET: Our issue, Judge, is not
necessarily with the potential destruction of
evidence or spoliation. It's with regard to
the timing of the creation of the sign that
Mr. Wainwright clearly testified in his
deposition was on the door at the day
Ms. Arledge stepped into the bathroom. He
testified unequivocally that it was created on
one of the two computers in the office.
We, however -- and I filed these as an
attachment to our motion this morning. We have
photographs that demonstrate that there was in
fact no sign at all on the door on the day
Ms. Arledge entered the room. Therefore, it
appears that Mr. Wainwright was not being
Advantage Court Reporters
}
iut B® WwW ON
Page 29
entirely truthful about when that sign was
created and placed on the door. This is a
material issue in this case, Judge, because
obviously in a premises case one of the issues
that plaintiff has to overcome is notice. If
there was a sign on the door, that would be
notice. If there was no sign on the
door -- and I would direct Your Honor to this
set of photographs.
The first photograph was one taken by the
plaintiff on the day of the incident --
MS. SABBAGH: Counsel, you indicated these
were filed. When were these filed?
MR. BRUNET: Friday.
What these photographs display, Judge,
Exhibit B is a photograph taken by the
plaintiff on the day of --
THE COURT: I'm going to have to ask you
to wrap it up in the next two minutes. You've
already gone over and I have another hearing
scheduled.
MR. BRUNET: I understand. Exhibit C is a
photograph taken approximately six days after
which shows a sign on the door. This exhibit
with photogrammetric measurements indicates
Advantage Court Reporters24
25
Page 30
that in the plaintiff's photograph, if the sign
had been on the door, it would have appeared.
So, if there had been a sign on the door the
day Ms. Arledge entered the room and stepped
through the floor, it would have shown up in
the photograph of the door she took. It wasn't
there. There was no sign on the door.
The attempt to inspect the computer
systems is to determine at what point in time
the sign that appears in that photograph was
created on that computer. That's our only
effort here. We can do so forensically by
imaging the hard drive. It will be
nonintrusive. The only thing we're looking for
is when that sign was created.
THE COURT: I think there are less
intrusive means for you to do that. So I'm
going to deny the motion to compel the
inspection of the computer system at this time.
I'll certainly revisit it after you've made
other efforts to obtain that information.
MR. BRUNET: Very well, Judge.
THE COURT: Ms. Sabbagh, I'll ask you to
prepare that order as well.
(The hearing was concluded at 2:06 p.m.)
Advantage Court ReportersCERTIFICATE
STATE OF FLORIDA
COUNTY OF ALACHUA
I, Karen L. Biery, State of Florida at
Large, certify that I was authorized to and did
transcribe the foregoing proceedings held on
February 17, 2020, and that the transcript is a t
and complete record.
Dated and signed this 25th day of June,
2020.
Page 31
rue
KAREN L. BIERY
JOHNS, STEPHENSON & prery
ADVANTAGE COURT REPORTERS
Advantage Court ReportersIndex: 10..case
3rd 14:1 16:15,16
1
40. 17:15 ‘
105 25:17 4178
10th 11:1 15:25 18:15 | 4:00 16:21
413 25:23 4th 16:18,19,22 18:13
114 26:4
116 26:12 5
44th 1611711 5:00 18:23
12:30 6:15 Sth 16:23 18:14
12th 16:2 17:5
43th 16:117:17 6
16 6:23 7:24 12:25 13:8
19:2
16th 17:19,20,23 18:15
47th 5:1 8:14
8th 3:14 17:21,25
18:15,
19th 18:3
2
20th 17:21 18:4,15
21st 10:9
2and §:2 6:2 11:12
23rd 11:1 18:17
24 5:11
25th 17:118:17
26 3:21 28:6
26th 3:15 18:17
27 9:17
28th 6:21 18:18,23
2:06 30:25
2nd 15:20,23 16:4,10,
12,14 18:13
3
31st 3:25
6th 16:24,25
Tth 7:2.6
9:30 7:10
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a.m. 17:15
absolutely 4:15 5:12
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22:3
accident 3:5,6
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acknowledging 4:8
actively 8:25
actual 21:12 23:18
2n21
addition 7:19 11:21
13:4
additional 8:7 12:2
admit 15:8
advised 18:9,24 22:8
affecting 13:6
afternoon 17:13,14,16
ahead 5:20,24 10:19
airplane 10:14
airport 10:8
alleged 27:15
alleges 27:3
amount 12:5
anticipated 5:19
anything's 17:25
anytime 8:22 9:1
apologize 14:4,12
15:10 22:25
apparent 20:3,14
appeared 20:16 30:2
appearing 20:6
appears 21:14 28:25
30:10
approximately 8:9
29:23
April 14:1
Arledge 20:7 28:17,24
30:4
assertion 8:19
assistant 11:8 14:18
20:12 21:3
attached 21:3,6 22:23
attachment 28:21
attempt 23:7 24:24
26:24 30:8
attend 6:14
attention 5:9
attorney 3:11 8:25
14:18
attorneys 3:7 9:4
authenticity 10:1
aware 10:7
back 2:23 6:24 7:39:13
10:8 14:9 22:6,7
backtracking 26:2
bad 6:19
based 11:7 26:13
basically 8:24 11:3
bathroom 20:6 28:17
believes 25:11
bigger 7:15 8:22
bit 12:15,20 23:11
block 11:3
blue 24:2
board 9:11
bounced 8:24
Break 7:12,14 12:14
briefly 10:21
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13:12,14,25 14:4,11
15:18,21 16:14,20,23
17:1,7,11,23 18:4,8
19:10,25 20:2 21:5,8,
14,16,20 22:2,25 25:10
28:11 29:14,22 30:22
Brunet's 24:13
butt 7:18
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calendar 13:13
call 6:15 8:12
called 8:16,23 9:1
10:12,20
cancel 5:13
cancelled 5:24
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25:9 29:3,4
Advantage Court ReportersIndex: cases..earlier
cases 3:23
cast 3:10
cetera 24:5
chain 23:6
chambers 2:2
change 26:1
children's 7:13
choice 5:12
clarify 23:4
clean 5:23
client 22:5 25:11
client's 7:21 24:17
27:16,24
clients 28:2
cloud 26:13
color 23:10
commit 16:17
communicate 10:15
communicated 9:22
28:6
communicating 15:3
communication 9:13
14:24 21:18 22:15,16,
19 23:2 24:14
communications 9:8
19:11 22:2
company's 24:8
compared 2:20
compel 2:5,7,15 6:20,
21 18:6 19:7 21:7,11,22
25:7 27:1,23 30:18
complete 8:8
completed 12:22 13:5
comply 11:25
computer 2:6 20:12,
13,17 23:5 24:1,8,10
25:13,19 26:8 30:8,11,
19
computers 19:15
20:21,24 22:3,9 23:24,
25 24:10,17,20,21
25:24 26:1,6,11,13,18
27:2,16,24 28:19
concerned 10:13
concluded 30:25
condition 13:6,7
confer 10:18
conflicts 16:9
confused 19:8
constitute 23:6
contacted 4:24
conversation 22:13
coordinate 18:25
coordinated 23:11
copy 21:5
corporate 19:13,14
23:21,23 24:5,17 25:17
26:16
correct 12:24 14:17
17:6 19:25
correctly 27:15
counsel 2:25 3:16 4:1,
23 5:5,14 6:2,7,8,11
7:4,20 8:6,12,16 16:7
18:12 29:12
counsel's 3:9 4:18
18:24
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couple 13:18 14:9
court 2:3,12,18,22 5:15
B:5,11 9:5 12:7,23
2,19,21 14:2,5
15:13,19 16:3,12,19,22
17:2,10,18 18:5,22
19:20 20:1,25 21:6,10,
23 23:8,9,20 29:18
30:16,23
court’s 5:9 12:1 19:19
23:15
create 24:1,10 25:20
created 20:11 28:18
29:2 30:17,15
creation 28:14
current 8:3 13:7
custodian 12:24
custodians 3:1 9:19,
24 15:7
date 6:6,10 11:16 16:1
23:19 24:5
dates 2:7,25 3:21,22
4:20 7:1,10,11,19 8:1,3,
5,7 9:14,15 10:22,25
11:1 12:2 13:23 14:6
15:15, 16 18:7,8,12,16,
20,22,25
day 4:7 6:11 11:15 12:6,
10 13:17 16:11,17 17:4,
22 28:16,23 29:11,17
30:4
days 7:25 12:3,9,19
13:19 16:13 29:23
dead 9:2
deadlines 7:18 19:5
deal 2:20 7:12
December 3:15,21,25
9:11 14:7 28:6
defendant's 2:6,7 18:6
defense 18:24
delay 9:15
demand 22:14
demonstrate 28:22
denied 19:9,17 21:21
23:5
deny 30:18
depo 17:8,12,15
deponents 24:22
depos 12:24
depose 15:6
deposed 9:25
deposition 2:25 4:21,
25 5:1,11,13,20 6:3,13
7:1,10,11 B:17 10:18,
21,22 11:6,15,19 13:11,
24 16:20 18:7,13 19:13
20:4,9,16 23:14,17,18
24:4,18 25:10,16 26:22
28:9,16
depositions 2:8,15
3:18 4:3,14 5:4 6:23
7:5,13,24 8:8 9:18 12:3,
5,10,22 16:24 18:19
19:3
destroy 28:3
destroyed 28:2
destruction 27:5,8
28:12
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determine 30:9
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difficult 12:15
difficulty 10:22
direct 29:8
directive 12:1
disagree 5:15 9:6
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12:19 14:9 27:9
discuss 25:9
display 29:15
dispute 9:25
disputed 8:19
doctor 6:4
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29:2,6,8,24 30:2,3,6,7
drive 30:13
duces 23:14,18 24:4
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9:22 10:10 11:9 14:21
21:19 22:10,17 23:6
24:13
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Advantage Court Reporters
[index: early. junior
early 9:11
easier 10:24 23:12
efficiently 12:4
effort 30:12
efforts 21:24 30:21
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16 6:1 10:5
employee's 25:19
end 9:2
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entered 20:8 28:24
30:4
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16:10
equivocated 20:19
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6:1 20:3 24:15 25:3
26:9
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evidence 27:4,8 28:1,
13
examination 2:5 22:20
excessive 12:20
exhibit 29:16,22,24
exist 20:18
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expert 11:11 20:23
expire 10:16
explanation 14:6
F
fact 6:14 9:16 16:5
28:23
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fall 7:12
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February 7:6,8 18:18,
23
feil 20:7
filed 5:10,21 10:5,19
15:14 21:25 23:4 25:6
28:20 29:13
filing 5:16 10:15
filled 6:19
finally 22:7 26:12
find 24:24 26:8
firm 3:9 14:16
floor 20:7 30:5
follow 23:12
forensic 26:5
forensically 30:12
formal 19:22 24:3
forthright 20:15,
forward 15:1
frankly 7:19 11:5
free 3:22
Friday 7:2 14:1 29:14
full 12:3
funeral 22:6
future 10:24 15:12
G6
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1:23
game 11:6
gave 18:16
give 13:14 16:6 18:18
good 15:17 16:25 17:23
21:24 23:7
grab 11:16
granted 27:2
granting 18:6
grounds 27:15,22
hails 6:8
half 9:18
handling 3:11 8:25
hands 23:1
happy 11:25 12:21
hard 30:13
head 11:8 14:17
Health 2:8
healthcare 3:3 4:24
12:12,25
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heard 2:13
hearing 15:17 17:13
22:1 29:20 30:25
hearings 2:19
held 2:1
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hit 9:1
hold 17:7 18:8,12,17,22
holds 16:15,16 17:24
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20:22 23:10 29:8
hours 5:11 7:7
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ideal 13:16
imaging 30:13
immediately 3:11 4:23
imminently 28:3
implicitly 5:4
important 4:24 25:8
incident 29:11
include 25:14
indicating 5:21
information 25:1,5,13
26:9,20 27:10,12,25
28:4,8 30:21
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inspect 23:4 24:16
30:8
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6:6,10 11:8,11,13 19:7,
9,22 21:1,18 22:9,18
24:14 25:7 27:1,16,23
30:19
inspections 11:20
insufficient 7:20
intended 4:13
intent 11:17
interest 5:22
interesting 5:13,25
interrogatory 25:2
27:18
intrusive 24:25 25:4
27:11,17,25 30:17
investigation 26:5
investigators 11:21
involvement 14:14
issue 5:20 9:20 14:15
21:13,24 23:7 24:11
25:9 28:11 29:3
issues 4:16 29:4
items 27:19
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13:14 14:17 19:25
22:11,17,25 28:11 29:3,
15 30:22
judges 2:20
junior 11:18
Advantage Court ReportersIndex: kind..premises
kind 11:5
knew 8:25
laid 19:18
larger 11:23
law 25:9
leading 20:6
leaving 5:12
left 10:12
legal 11:8 14:18
letter 3:14,16,20,24 4:1,
8,9 9:3,16 28:6
letters: 2:24 4:12 5:3
9:2 14:19
likelihood 27:9
listed 23:22
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located 7:22
locations 7:25
longer 4:18 12:24
lot 15:17 19:3
material 29:3
matter 8:14
maximize 12:5
means 24:25 27:11,17,
25 30:17
measurements 29:25
memory 27:20
Miami 10:8
mid 2:23
minutes 29:19
Monday 15:23 17:7
month 3:19 4:3 7:17
13:22,24 14:2 19:4
months 4:14 6:22 8:10
14:10
morning 7:7,10 8:4
15:16 16:19,22 17:9,12
18:44 28:21
motion 2:5,7,9,15,17
5:7,10,16 6:1,18,20
10:5,16 18:6 19:7,19
20:3 21:6,11,22,25
22:23 23:3,22 25:6 27:1
28:9,21 30:18
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movement 9:9 14:16
luck 16:7 multiple 7:25
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26:20 30:20 28:12
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majority 7:16 needed 23:23
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15:20,25 16:10,12 17:3,
19 18:13,14,15,17
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29:5,7
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8:17 11:7 15:14 26:19
notices 14:19
November 2:23,24
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number 15:6
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obstructive 11:25
obtain 30:21
obtaining 24:25
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17:11,16
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10:17 23:16
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4:18,23 5:5 6:7,8,11
7:3,20 8:6,15 16:7
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originally 8:2
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overcome 29:5
overseeing 3:12
oversight 15:9
P
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14:18
part 9:15 15:5 16:18
parties 23:20
partner 3:12
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pending 4:16
people 14:17,20 15:6
period 22:19
periodically 26:1
permit 22:8
permitted 20:23
permitting 2:16
personnel 9:10
phone 8:11 13:15
W414
photogrammetric
29:25
photograph 29:10,16,
23 30:1,6,10
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29:9,15
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pick 8:11
picture 11:23
place 5:12
plaintiff 3:4 29:5,11,17
plaintiff's 2:4,9 5:9,14
6:1 8:12 18:11 19:6
23:13,17 28:8 30:1
plans 12:14
playing 11:6
point 6:22 7:1 11:9
25:14 27:23 28:5 30:9
pointed 10:25 11:14
poorly 27:6
possibly 16:20
post-accident 13:2
potential 28:12
practitioners 2:8 3:4
practitioners’ 12:12
pre-accident 13:1
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premises 29:4
Advantage Court ReportersIndex: prepare..stepped
prepare 18:10 30:24
present 3:17 4:1
preservation 22:14
preserving 10:1
presume 23:19
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previous 18:16
previously 19:9
print 21:4
prior 2:19 3:5 18:24
privy 9:9
problem 7:15 8:2,4,22
14:15 18:5
problematic 5:23
procedure 5:23
proceedings 2:1
process 10:24
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production 25:3 27:19
promise 15:11
prompted 21:22 22:14
properties 27:21
protection 5:18
protective 2:10 5:7,10,
17:10:5,16
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purple 24:12
purpose 3:19
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push 14:8
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putting 23:1
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20:5
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received 3:23 4:5,9,15,
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23:1,3,9 24:13 25:6,25
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27:22 28:4
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solidly 9:10
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sooner 15:9
soonest 7:15
sort 9:1
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specifically 3:20 25:2
spent 6:22
spoke 8:13,14 10:9
spoliation 28:13
Spring 7:12,14 12:14
start 16:12 17:19
started 6:24 7:8
starting 7:17
state 18:11
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Team4@ronsholes
14:23
tecum 23:14,18 24:4
ten 6:13 12:9,17,19
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testified 26:22 28:15,
18
testimony 13:11 20:9
25:10,18,16 28:9
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13:18 18:19 19:2,18
20:8 21:17 24:5 27:23
28:5 30:9,19
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track 19:4
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treating 7:21
trial 16:6,8 19:5
troubling 9:19
truthful 29:1
turn 23:12 24:2
turnover 3:8
Twelfth 17:15
typewritten 20:11
U
unable 10:13,14
unavailable 6:2 8:16
understand 4:18 6:9
10:21 11:15 15:18
24:18 29:22
understood 19:16
unequivocally 28:18
untruthful 25:12
Vv
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voicemails 10:12
voluntary 22:8
Wainwright 20:14
28:15,25
Wainwright's 20:4,9
waive 9:24
wanted 9:17 25:1
week 9:23 15:19,22,25
16:4,8,10,11,13 17:2,18
weeks 7:16
well-versed 26:17
whatsoever 8:3
wide 3:10 16:23 17:11
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worded 27:6
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year 5:2
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yellow 23:13
Advantage Court Reporters
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Filing # 109518321 E-Filed 06/29/2020 10:43:19 AM Page 1 1 IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN 2 AND FOR ALACHUA COUNTY, FLORIDA 3 CASE NO. 01-2018-CA-004032 4 GALE ARLEDGE and TERRANCE 5 ARLEDGE, her husband, 6 Plaintiffs, 7 vs. 8 13th STREET HOME SALES, 9 Defendant. 1000 ---------------------- / 11 TRANSCRIPT OF HEARING 12 This cause came on for hearing before the 13 Honorable Donna M. Keim, Circuit Judge, at the 14 Alachua County Family and Civil Justice Center, 201 15 East University Avenue, Gainesville, Florida, 16 commencing at 1:30 p.m. on February 17, 2020. APPEARANCES: JAMES P. BRUNET, ESQUIRE, Jacksonville, 19 Florida, appearing on behalf of the Plaintiffs. 20 CARLA SABBAGH, ESQUIRE, Gainesville, Florida, appearing on behalf of the Defendant. 21 22 (Deft's motion, pg. 2/P1f's motion, pg. 19) 23 24 REPORTED BY KAREN L. BIERY | JOHNS, STEPHENSON & BIERY i 25 ADVANTAGE COURT REPORTERS i | Advantage Court Reporters i "2018 CA 004032" 109518321 Filed at Alachua County Clerk 06/29/2020 10:43:24 AM EDTb wm F&F WwW N Page 2 (The following proceedings were held in chambers: ) THE COURT: And we have two motions scheduled for today. We have Plaintiff's Motion to Compel an Inspection and Examination of the Defendant's Computer Systems and the Defendant's Motion to Compel Dates for Depositions of Health Care Practitioners in Response to Plaintiff's Emergency Motion for Protective Order. MS. SABBAGH: Yes, Your Honor. THE COURT: Which one would like to be heard first? MS. SABBAGH: We're actually scheduled to have the motion to compel depositions first, and time permitting, essentially, the second motion. I know the court routinely reads all of the motions prior to hearings, which is really nice as compared to some of the judges I deal with in Marion County. So I suspect I'm not going to tell the court anything it doesn't already know, but back in November, since mid November, I have been sending letters to opposing counsel requesting deposition dates Advantage Court Reportersa WH OW 0 Page 3 for records custodians, which can actually be done very, very quickly, but the ones that are more substantive are the various healthcare practitioners that have treated the plaintiff both prior to the accident and since the accident. There have been several attorneys. There's been some turnover in opposing counsel's firm, so I tried as much as possible to cast a really wide net, and that went to the attorney that was immediately handling everything and the partner that was overseeing everything on the cc. Got no response to my letter of November 18th. Then December 26th I actually sent a letter to counsel that is currently here present, once again saying, "I need to take these depositions." I essentially set aside the entire month of January for this purpose and specifically said in my letter of December 26, "If any of these dates don't work, tell me so that I can free those dates up to do things for other cases." Received no response to that letter. On December 31st I sent yet another Advantage Court Reporterso 1 Page 4 letter, once again to counsel here present, saying, "We really need to take these depositions. I have set aside the entire month of January. Let me know when we can get these scheduled." I received no response -- no substantive response to that. I did, however, that very same day receive an e-mail acknowledging receipt of my letter. So no question that this letter is being received by the appropriate party. Mr. Brunet said, "Please make sure to cc my paralegal." So there's no question that these letters reached their intended recipients that I have been asking for months to set these depositions and received absolutely no response. While all of these issues were pending, I received an e-mail from a paralegal, who I understand is no longer with opposing counsel's office, saying we'd like to schedule an inspection on one of the dates that I had offered for the deposition of the doctors. Seeing what I thought was an opportunity when opposing counsel was available, I immediately contacted one of the most important healthcare providers and scheduled his deposition. That Advantage Court Reportersana ww F WwW NY HB po Oo ww 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 deposition was noticed January 17th of this year for January 22nd, which I had put in my various letters saying, "We need to take these depositions," and they implicitly suggested opposing counsel was available. In response to that, I got an emergency motion for protective order. And this is actually something I'd really like to bring to the court's attention. Plaintiff's Emergency Motion for Protective Order was filed less than 24 hours before that deposition was supposed to take place, leaving me absolutely no choice but to cancel the deposition. What's interesting about that is that plaintiff's counsel -- THE COURT: I would disagree with that. The filing of an emergency motion for protective order really doesn't provide them any protection, right? MS. SABBAGH: I anticipated it would be an issue if I went ahead and took the deposition when they had filed something indicating he may not be available. So, really, in the interest of a clean and less problematic procedure, I went ahead and cancelled it. But what's interesting about that is their Advantage Court ReportersPe W NY Page 6 emergency motion says essentially, "Plaintiff's counsel is unavailable on the 22nd because he will be in Gainesville taking the deposition of a different doctor in town." So, clearly, we were -- we received an e-mail saying, "We'd like to do an inspection" on the same date that opposing counsel will already be in Gainesville. Opposing counsel hails from dacksonville as I understand it. So, clearly, this inspection, this date was suggested on a day that opposing counsel would already be in Gainesville. The deposition was scheduled for ten, the one he was supposed to attend. The one we noticed was for 12:30. I didn't get a call saying, Listen, I'm available, let's move it up, let's move it down. That's not what I got. Instead it was simply a motion that said, No, too bad, so sad, can't do it. So we filled a motion to compel. We noticed the motion to compel January 28th. So at this point I have spent months trying to set 16 depositions, which if we had started at least taking some of these back in November, we'd be fairly well along at this Advantage Court Reportersuw point. Absolutely no deposition dates. As of Friday the 7th, we were still e-mailing back and forth and I said to opposing counsel, "I've been trying to set these depositions. You tell me when you're available." That was February 7th. It was only this morning a few hours ago that for the first time ever -- we're in February; I started trying in November -- that I received four deposition dates, at 9:30 this morning. I'll note that three of these four deposition dates fall on Spring Break. I will deal with that. I will take these depositions on my children's Spring Break if I have to. But the bigger problem now is the soonest is several weeks away and the majority of them are almost a month away. We're starting to butt against discovery deadlines, quite frankly. In addition, these four dates are insufficient as opposing counsel knows because they're his client's treating physicians. Quite a few of these are not located in Gainesville. We're going to have to travel. I don't believe we can do 16 depositions in multiple locations in the course of four days. Advantage Court Reporters71 Nn WB Page 8 These are not enough dates. So, while originally my problem was I couldn't get any dates whatsoever, my current problem as of this morning is these are not enough dates. So I am requesting the court require opposing counsel provide us with additional dates so that we can be sure that we complete the depositions that we need, which we have been requesting for approximately three months. THE COURT: Did you ever pick up the phone and call plaintiff's counsel? MS. SABBAGH: We spoke on -- we did as a matter of fact. We spoke the -- January 17th, I think. We did speak, actually. Opposing counsel called me to tell me he was unavailable for the deposition which I had noticed, and I said, "I was told by your office you were available." He disputed that assertion. I don't know whether he hadn't seen the e-mail, but we did actually speak. The bigger problem was anytime that I called over there, and I called twice and basically got bounced around because no one knew which attorney was actively handling the Advantage Court ReportersWw n> Page 9 cause and it sort of -- anytime I called, I hit a dead end. So it seemed like letters were the best way to go, I could send a letter and all three attorneys would get it simultaneously. THE COURT: Thank you. Response? MR. BRUNET: Yes, Judge. I don't disagree with some of what Miss Sabbagh said. Some of the earlier communications I really wasn't privy to, Judge. We have had some movement in personnel on our team. I've been solidly on board since probably early December, I would say. There was some communication back and forth with Ms. Sabbagh. We did not get dates. Part of the reason for the delay getting dates was the fact that her first letter to us indicated she wanted to take 27 different depositions, half of which were records custodians. So that was a somewhat troubling issue to us, which we've actually managed to resolve. Ms. Sabbagh and I communicated by e-mail last week, and I indicated to her that we would waive the necessity to have records custodians be deposed, we wouldn't dispute the Advantage Court Reporters | : i i ia Oo oOo ~JI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 authenticity of records, preserving other objections, of course. Ms. Sabbagh and I did actually speak before -- well, actually, shortly after we filed our emergency motion for protective order, and the reason for the timing of that was I wasn't aware of any of this until I was at the airport coming back from Miami. This was actually on the 21st that we spoke, and I believe Ms. Sabbagh's e-mail would reflect that. I called her twice and left voicemails, was unable to get her. I was concerned that I would be on an airplane and be unable to communicate with anyone and the time for filing the motion for protective order would expire. So before I had the opportunity to speak with her and confer about that deposition, we went ahead and filed. After that she called me. We talked very briefly about the deposition. I understand the difficulty with getting deposition dates, and we'll certainly do everything we can to make that process go easier in the future. As she pointed out, we've already provided four dates, Advantage Court Reportersmo oF WN HF Page 14 10th, 23rd to 25th of March -- any dates that I'm available. I mean, we're not trying to block discovery, basically, Judge, is what I'm trying to say. I did frankly think that it was kind of game playing to have a deposition suddenly noticed based on a request for a site inspection by my head legal assistant, and the e-mail that she sent out, I would just point out to you, Judge, it says, "We would like to request a site inspection. Our expert is available January 22nd." I don't necessarily need to be at a site inspection, and I actually did, as she pointed out, have another deposition set for that day. I understand why she would think, "Let me grab this date for something else." That was never our intent. We have other -- a junior attorney who wouldn't be able to take a deposition, but who does sometimes go on site inspections. In addition, we have investigators that do that as well. So, again, the larger picture here, we're not trying to evade discovery or be in any way obstructive. Happy to comply with whatever the Advantage Court ReportersPage 12 court's directive would be with regard to providing additional dates. We've already provided four full days for depositions, and we'll do it as efficiently as we can to try to, you know, maximize the amount of depositions we can take on each day. THE COURT: Anything further? MS. SABBAGH: No, Your Honor, other than I would request ten days. I realize I can probably get these depositions done two a day, which would require eight, but we do have to work around the healthcare practitioners' schedules, and I suspect some of them will have Spring Break plans with their families, which will make it a little bit difficult to schedule around as well. So I would request -- they've given four. I would request ten. MR. BRUNET: Just in response to that, I think ten days for discovery would be a little bit excessive, but, again, we're certainly happy to do whatever we can to get these depositions completed. THE COURT: Well, you're not taking the records custodian depos any longer, correct? MS. SABBAGH: No. So it's 16 healthcare Advantage Court ReportersvO SD WwW FP WwW NH Page 13 providers, some pre-accident, some post-accident. She'd had surgery, she's had surgical recommendations, I believe, in addition to those surgeries that have already been completed, and there is some question with regard to her preexisting condition affecting her current condition. So we really do need to take these 16. It's not all of her providers, believe it or not, Your Honor. There's a few more. Those are the only ones that I actually want to get their deposition testimony taken. THE COURT: Mr. Brunet, do you have your calendar with you here today? MR. BRUNET: I can give it a shot, Judge, but it's going to be via phone, which is less than ideal. I'm just going to have to pull it up a day at atime. If you want to suggest a couple of more days, I can -- or however the court would like to -- THE COURT: Are you able to look at -- you're not able to look at the whole month and tell me what other dates you're available for deposition in the month of March? MR. BRUNET: For example, I don't have Advantage Court Reportersoow oO Page 14 anything Friday, April 3rd. THE COURT: I'm talking about the month of March. MR. BRUNET: Oh, I apologize. THE COURT: What I didn't hear is an explanation as to why no dates were provided after the November and December e-mails, and that's concerning to me because that does push all of the discovery back in the case a couple of months. MR. BRUNET: Certainly, Judge. And I do apologize for that. My response to them on New Year's Eve, which I think I probably sent from my phone, was my first involvement with the scheduling issue, and I think the problem is the movement within our team in our firm resulted in the correct people, i.e., my head legal assistant, my paralegal, not timely getting these letters or notices because they were being sent to the wrong people. So that's why I responded by e-mail asking that everything please be sent to Team4@RonSholes, which is a fairly new iteration of our communication system, and so that actually works. That goes to everybody. Advantage Court Reporters24 25 Page 15 So going forward from that, we've been -- I think we've been doing a better job, let me just say, with communicating and at least getting things done. But, again, part of the problem was the number of people she was trying to depose with these records custodians, and I'll be the first to admit, I probably should have reached out sooner. That's my oversight for not doing that. I can only apologize for that and promise to do a better job with that in the future. THE COURT: This has certainly been, I think, noticed for a while, it's been filed for a while, and then to provide the dates and only to provide four dates the morning of the hearing, that doesn't do anyone a lot of good. MR. BRUNET: I understand. THE COURT: Do you have anything the week of March 2nd? MR. BRUNET: I'm actually looking at that week right now, and it actually looks like I'm open on the 2nd. Is that a Monday? MS. SABBAGH: I'm open almost the entire week of March 9th. I'm available 9th, 10th, Advantage Court Reporters71 fF WwW FF W NY HF Page 16 llth, and 13th. The only date that I am not available is the 12th. THE COURT: So you're not available the week of the 2nd? MS. SABBAGH: I know for a fact I hada trial. Give me a second. Opposing counsel is in luck. I hada trial that week and it has since settled and it looks like I have nothing that conflicts. So I'm available the entire week of March 2nd and the following week every day except Thursday. THE COURT: So let's start with March 2nd, that week. What days are you available? MR. BRUNET: I'm available on the 2nd. There's several holds on the 3rd. There are several holds on the 3rd. I wouldn't want to commit to that day. Looks like I'm open the first part of the 4th. THE COURT: So the morning of the 4th. MR. BRUNET: There's possibly a deposition in Orlando at 4:00 p.m. THE COURT: So the morning of the 4th. MR. BRUNET: Wide open on the 5th. And I've got two depositions on the 6th. MS. SABBAGH: So the 6th is no good. Advantage Court Reportersn vw ® WwW NY Page 17 MR. BRUNET: No. THE COURT: And then looking at the week of March 9th, when are you available? I think Ms. Sabbagh is available every day except the 12th? MS. SABBAGH: Correct. MR. BRUNET: I've got a hold on Monday at 4 for depo, but I think I can be available in the morning. THE COURT: Okay. MR. BRUNET: Tenth is wide open. The 11th is shot. I've got a depo in the morning and one in the afternoon. Actually got a hearing in the afternoon. Twelfth, I have a depo at 10 a.m., the afternoon is open. And then I'm out on the 13th. THE COURT: What about the week of March 16th? Ms. Sabbagh. I'11 start with you. MS. SABBAGH: I'm available the 16th through 18th and the 20th. Once again every day but Thursday. MR. BRUNET: I'm good on the 16th. Seventeenth, I've got four holds. I don't know if anything's going to go or not. The 18th I'm Advantage Court Reportersoo oO SI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 available. Nineteenth I'm available. You're not though. MS. SABBAGH: No, I'm not on the 19th. MR. BRUNET: And the 20th. THE COURT: So I am going to enter an order granting the defendant's motion to compel dates for deposition. I'm going to order you, Mr. Brunet, to hold all of those dates that you just advised me you were available. I'm going to ask Ms. Sabbagh to prepare an order and it's going to state that plaintiff's counsel shall hold the following dates for deposition: March 2nd, March 4th in the morning, March 5th, March 9th in the morning, March 10th, March 16th, March 18th, March 20th, and then the previous dates you gave of March 23rd to 25th and 26th, and you'll hold those until February 28th. Does that give you enough time to schedule those depositions on those dates? MS. SABBAGH: It should. THE COURT: So you'll hold those dates until February 28th at 5:00 p.m. unless you're advised prior to that that defense counsel's releasing those dates, after you coordinate Advantage Court ReportersAn ou ek WKY HB Page 19 with the doctors. That should be enough time to schedule 16 physicians. It's a lot of depositions to take in one month, but that should keep you on track as far as trial deadlines. And then the next thing is plaintiff's motion to compel the inspection. I was confused. Has there been a request for that inspection previously and that's been denied? MR. BRUNET: There has. A request was made, and repeated communications were made between myself and Ms. Sabbagh. At the deposition, the corporate rep deposition, the corporate rep acknowledged we would be given access to the computers. I'm not sure he quite understood what we were asking, but, in any case, we did pursue that and it was denied. I pretty well laid out the time line. I'm sure the court's read our motion. THE COURT: I did read it. I just didn't -- maybe I read it too quickly. So was there a formal request for inspection that was made and the response was, "We're not making it available"? MR. BRUNET: That's correct, Judge. Advantage Court Reporterswo PF WwW HN Page 20 THE COURT: Okay. MR. BRUNET: And as we set forth in our motion, essentially, it became apparent during Mr. Wainwright's deposition that there was some question about whether or not there was a sign appearing on the door leading to the bathroom where Ms. Arledge fell through the floor at the time she entered that room, and Mr. Wainwright's deposition testimony was that there was a sign on the door, that the sign was typewritten, that it had been created either by him on his computer or by his assistant on her computer in the office. It was apparent that Mr. Wainwright was not being entirely forthright during his deposition, or at least it appeared that way. So we asked him about the computer records, whether they would still exist. He said that they would. Then he equivocated and said he wasn't sure that they still had the same computers. What we are requesting, Your Honor, is that our expert be permitted to access the computers and he will use -- THE COURT: Is there a request to produce Advantage Court ReportersoO oO Oo 10 1l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 or a request for inspection reflecting what it is you're asking for? I didn't see that attached, and it could be that my assistant just didn't print it out for me. MR. BRUNET: I may not have a copy. THE COURT: Was it attached to your motion to compel? I didn't see reference to it -- MR. BRUNET: It was not. MS. SABBAGH: It was not. THE COURT: And usually when I'm reviewing a motion to compel, that's the main thing I want to see was what was the actual request, what's at issue. MR. BRUNET: It appears I have everything but that with me. MS. SABBAGH: Mr. Brunet, I'm going to save you some time and represent to you that the only communication requesting an inspection was via e-mail to me. MR. BRUNET: Well, that may very well have been the case, which was denied and that would have prompted a motion to compel. THE COURT: Well, tell me then about the good faith efforts to resolve this issue before you filed your motion or scheduled this Advantage Court Reporterswo ® WwW bw FR oH oOo 1D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 hearing. MR. BRUNET: Communications with Ms. Sabbagh requesting access to the computers. Her response was -- her initial response was that her client was traveling to a family funeral, but she would get back with me. She did finally get back with me sometime later and advised that they would not permit voluntary inspection of the computers. This was by e-mail. I thought I had all this with me, Judge, but I do not seem to. We did send -- after my initial conversation with Ms. Sabbagh, we sent another preservation demand, which prompted further communication with Ms. Sabbagh in this regard. This was my communication with Miss Sabbagh, Judge, e-mail traffic requesting inspection. It was during the Thanksgiving period. And the very last communication details the scope of the requested examination. I don't seem to have her response to that, however. MS. SABBAGH: It's attached to my motion. We'll get there. MR. BRUNET: I apologize, Judge, I'm not Advantage Court Reporters24 25 Page 23 putting my hands on her response to that last communication from me. Needless to say, I think that her motion or her response that she filed will clarify that the request to inspect the computer system was denied. That e-mail chain there would constitute a good faith attempt to resolve the issue before bringing it to the court. THE COURT: Miss Sabbagh, response? MS. SABBAGH: Your Honor, I have color coordinated these so it will be a little bit easier to follow. If you will turn to the yellow tab, this is a plaintiff's notice of taking deposition duces tecum. And, again, I'm sure that the court's had an opportunity to review this, but, in essence, the plaintiff's notice of taking deposition duces tecum didn't have an actual deposition date, but simply provided notice, I presume, to all the parties and the court of what the corporate representative was to know. As I indicated in my motion, what was not listed was that the corporate representative needed to know anything with regard to the computers, whether they still had the same computers, Advantage Court ReportersPage 24 whose computer was used to create the sign. If you turn to the blue tab, this is what I would consider a more formal notice of taking deposition duces tecum which actually has a date, time, et cetera, for the corporate representative, and, again, doesn't indicate that he needs to be well versed in anything with regard to the company's computer systems, whether or not they still have the same computers, whose computer was used to create the sign at issue. And on the purple tab, you actually have my response to Mr. Brunet's e-mail communication requesting an inspection where I essentially indicated, "I understand that you think it is necessary for you to inspect my client's computers, but the corporate representative whose deposition you are referencing didn't know anything about the computers or the signs, wasn't asked to know anything about the computers or the signs, and the other deponents weren't asked anything relevant." So I requested that he attempt to find a less intrusive mean or means of obtaining the Advantage Court ReportersPage 25 information that he wanted, perhaps an interrogatory. I didn't specifically say request for production, but, essentially, is there something that would be less intrusive where you could get the information that you need or want. In response he filed the motion to compel inspection. I think it's important before we even discuss the case law at issue that we look at the deposition testimony which Mr. Brunet believes indicates my client was being untruthful or at least withholding relevant information regarding the computer systems. Now, I made it a point to include only the testimony he relies on. So this is only the deposition testimony he relies on. On page 105, the corporate representative is asked about the sign and whether it would be his computer or another employee's computer that was used to create the sign, and he replied on the following page that he simply didn't know. On page 113, he's asked about whether or not they had the same computers, and he said in one response they should, but he is not sure Advantage Court ReportersoF YW NY PB Page 26 because they periodically change the computers. There's no backtracking. He simply was not sure. Then on page 114, they ask whether, if there was a forensic investigation, whether they would have the same computers. And, once again, he said, you know, if they have the same computer, they should be able to find that information, but essentially he simply wasn't sure whether or not they have the same computers. And, finally, on page 116, they asked whether or not his computers are cloud based or whether they're on a network and he said, no, they are not -- "I don't think so." So the corporate representative was not asked to be well-versed in whether or not they have the same computers and whose computers were used. Had that been noticed, I would have made sure that he had information to provide in that regard. He wasn't asked to know that and he testified at his deposition quite clearly that he simply didn't know. There is no attempt to hide anything. He simply did not know. Advantage Court Reportersan oF Page 27 Now, a motion to compel inspection of someone's computers should only be granted when the party requesting that proves, not alleges, proves that the evidence of any destruction -- let me rephrase that. That's poorly worded. Has to be provided after a party proved evidence of any destruction of evidence or thwarting of discovery, likelihood of the information exists on the devices, and there are no less intrusive means of getting that information. In this particular situation, they have proven none of that. They haven't even correctly alleged the grounds necessary to get an inspection of my client's computers. There are less intrusive means. They can ask an interrogatory. They can send a request for production for those particular items. If they want them on a memory stick so they get the actual properties, we can provide that. But there simply is no grounds at this point in time to compel an inspection of my client's computers when there are less intrusive means of getting the same information Advantage Court Reporters i ian HW F&F WwW DY Page 28 and when there is no evidence that anything has been destroyed or that my clients are imminently threatening to destroy the relevant information. It's simply not necessary at this point in time. That's certainly what I communicated in my letter of December 26 to which I received no response. Given the information in the plaintiff's motion and the deposition testimony, I just don't believe that's appropriate. MR. BRUNET: Our issue, Judge, is not necessarily with the potential destruction of evidence or spoliation. It's with regard to the timing of the creation of the sign that Mr. Wainwright clearly testified in his deposition was on the door at the day Ms. Arledge stepped into the bathroom. He testified unequivocally that it was created on one of the two computers in the office. We, however -- and I filed these as an attachment to our motion this morning. We have photographs that demonstrate that there was in fact no sign at all on the door on the day Ms. Arledge entered the room. Therefore, it appears that Mr. Wainwright was not being Advantage Court Reporters } iut B® WwW ON Page 29 entirely truthful about when that sign was created and placed on the door. This is a material issue in this case, Judge, because obviously in a premises case one of the issues that plaintiff has to overcome is notice. If there was a sign on the door, that would be notice. If there was no sign on the door -- and I would direct Your Honor to this set of photographs. The first photograph was one taken by the plaintiff on the day of the incident -- MS. SABBAGH: Counsel, you indicated these were filed. When were these filed? MR. BRUNET: Friday. What these photographs display, Judge, Exhibit B is a photograph taken by the plaintiff on the day of -- THE COURT: I'm going to have to ask you to wrap it up in the next two minutes. You've already gone over and I have another hearing scheduled. MR. BRUNET: I understand. Exhibit C is a photograph taken approximately six days after which shows a sign on the door. This exhibit with photogrammetric measurements indicates Advantage Court Reporters24 25 Page 30 that in the plaintiff's photograph, if the sign had been on the door, it would have appeared. So, if there had been a sign on the door the day Ms. Arledge entered the room and stepped through the floor, it would have shown up in the photograph of the door she took. It wasn't there. There was no sign on the door. The attempt to inspect the computer systems is to determine at what point in time the sign that appears in that photograph was created on that computer. That's our only effort here. We can do so forensically by imaging the hard drive. It will be nonintrusive. The only thing we're looking for is when that sign was created. THE COURT: I think there are less intrusive means for you to do that. So I'm going to deny the motion to compel the inspection of the computer system at this time. I'll certainly revisit it after you've made other efforts to obtain that information. MR. BRUNET: Very well, Judge. THE COURT: Ms. Sabbagh, I'll ask you to prepare that order as well. (The hearing was concluded at 2:06 p.m.) Advantage Court ReportersCERTIFICATE STATE OF FLORIDA COUNTY OF ALACHUA I, Karen L. Biery, State of Florida at Large, certify that I was authorized to and did transcribe the foregoing proceedings held on February 17, 2020, and that the transcript is a t and complete record. Dated and signed this 25th day of June, 2020. Page 31 rue KAREN L. BIERY JOHNS, STEPHENSON & prery ADVANTAGE COURT REPORTERS Advantage Court ReportersIndex: 10..case 3rd 14:1 16:15,16 1 40. 17:15 ‘ 105 25:17 4178 10th 11:1 15:25 18:15 | 4:00 16:21 413 25:23 4th 16:18,19,22 18:13 114 26:4 116 26:12 5 44th 1611711 5:00 18:23 12:30 6:15 Sth 16:23 18:14 12th 16:2 17:5 43th 16:117:17 6 16 6:23 7:24 12:25 13:8 19:2 16th 17:19,20,23 18:15 47th 5:1 8:14 8th 3:14 17:21,25 18:15, 19th 18:3 2 20th 17:21 18:4,15 21st 10:9 2and §:2 6:2 11:12 23rd 11:1 18:17 24 5:11 25th 17:118:17 26 3:21 28:6 26th 3:15 18:17 27 9:17 28th 6:21 18:18,23 2:06 30:25 2nd 15:20,23 16:4,10, 12,14 18:13 3 31st 3:25 6th 16:24,25 Tth 7:2.6 9:30 7:10 Oth 15:25 17:3 18:14 a.m. 17:15 absolutely 4:15 5:12 mW access 19:15 20:23 22:3 accident 3:5,6 acknowledged 19:14 acknowledging 4:8 actively 8:25 actual 21:12 23:18 2n21 addition 7:19 11:21 13:4 additional 8:7 12:2 admit 15:8 advised 18:9,24 22:8 affecting 13:6 afternoon 17:13,14,16 ahead 5:20,24 10:19 airplane 10:14 airport 10:8 alleged 27:15 alleges 27:3 amount 12:5 anticipated 5:19 anything's 17:25 anytime 8:22 9:1 apologize 14:4,12 15:10 22:25 apparent 20:3,14 appeared 20:16 30:2 appearing 20:6 appears 21:14 28:25 30:10 approximately 8:9 29:23 April 14:1 Arledge 20:7 28:17,24 30:4 assertion 8:19 assistant 11:8 14:18 20:12 21:3 attached 21:3,6 22:23 attachment 28:21 attempt 23:7 24:24 26:24 30:8 attend 6:14 attention 5:9 attorney 3:11 8:25 14:18 attorneys 3:7 9:4 authenticity 10:1 aware 10:7 back 2:23 6:24 7:39:13 10:8 14:9 22:6,7 backtracking 26:2 bad 6:19 based 11:7 26:13 basically 8:24 11:3 bathroom 20:6 28:17 believes 25:11 bigger 7:15 8:22 bit 12:15,20 23:11 block 11:3 blue 24:2 board 9:11 bounced 8:24 Break 7:12,14 12:14 briefly 10:21 bring 5:8 bringing 23:8 Brunet 4:10 9:6 12:18 13:12,14,25 14:4,11 15:18,21 16:14,20,23 17:1,7,11,23 18:4,8 19:10,25 20:2 21:5,8, 14,16,20 22:2,25 25:10 28:11 29:14,22 30:22 Brunet's 24:13 butt 7:18 c calendar 13:13 call 6:15 8:12 called 8:16,23 9:1 10:12,20 cancel 5:13 cancelled 5:24 Care 2:8 case 14:9 19:17 21:21 25:9 29:3,4 Advantage Court ReportersIndex: cases..earlier cases 3:23 cast 3:10 cetera 24:5 chain 23:6 chambers 2:2 change 26:1 children's 7:13 choice 5:12 clarify 23:4 clean 5:23 client 22:5 25:11 client's 7:21 24:17 27:16,24 clients 28:2 cloud 26:13 color 23:10 commit 16:17 communicate 10:15 communicated 9:22 28:6 communicating 15:3 communication 9:13 14:24 21:18 22:15,16, 19 23:2 24:14 communications 9:8 19:11 22:2 company's 24:8 compared 2:20 compel 2:5,7,15 6:20, 21 18:6 19:7 21:7,11,22 25:7 27:1,23 30:18 complete 8:8 completed 12:22 13:5 comply 11:25 computer 2:6 20:12, 13,17 23:5 24:1,8,10 25:13,19 26:8 30:8,11, 19 computers 19:15 20:21,24 22:3,9 23:24, 25 24:10,17,20,21 25:24 26:1,6,11,13,18 27:2,16,24 28:19 concerned 10:13 concluded 30:25 condition 13:6,7 confer 10:18 conflicts 16:9 confused 19:8 constitute 23:6 contacted 4:24 conversation 22:13 coordinate 18:25 coordinated 23:11 copy 21:5 corporate 19:13,14 23:21,23 24:5,17 25:17 26:16 correct 12:24 14:17 17:6 19:25 correctly 27:15 counsel 2:25 3:16 4:1, 23 5:5,14 6:2,7,8,11 7:4,20 8:6,12,16 16:7 18:12 29:12 counsel's 3:9 4:18 18:24 County 2:21 couple 13:18 14:9 court 2:3,12,18,22 5:15 B:5,11 9:5 12:7,23 2,19,21 14:2,5 15:13,19 16:3,12,19,22 17:2,10,18 18:5,22 19:20 20:1,25 21:6,10, 23 23:8,9,20 29:18 30:16,23 court’s 5:9 12:1 19:19 23:15 create 24:1,10 25:20 created 20:11 28:18 29:2 30:17,15 creation 28:14 current 8:3 13:7 custodian 12:24 custodians 3:1 9:19, 24 15:7 date 6:6,10 11:16 16:1 23:19 24:5 dates 2:7,25 3:21,22 4:20 7:1,10,11,19 8:1,3, 5,7 9:14,15 10:22,25 11:1 12:2 13:23 14:6 15:15, 16 18:7,8,12,16, 20,22,25 day 4:7 6:11 11:15 12:6, 10 13:17 16:11,17 17:4, 22 28:16,23 29:11,17 30:4 days 7:25 12:3,9,19 13:19 16:13 29:23 dead 9:2 deadlines 7:18 19:5 deal 2:20 7:12 December 3:15,21,25 9:11 14:7 28:6 defendant's 2:6,7 18:6 defense 18:24 delay 9:15 demand 22:14 demonstrate 28:22 denied 19:9,17 21:21 23:5 deny 30:18 depo 17:8,12,15 deponents 24:22 depos 12:24 depose 15:6 deposed 9:25 deposition 2:25 4:21, 25 5:1,11,13,20 6:3,13 7:1,10,11 B:17 10:18, 21,22 11:6,15,19 13:11, 24 16:20 18:7,13 19:13 20:4,9,16 23:14,17,18 24:4,18 25:10,16 26:22 28:9,16 depositions 2:8,15 3:18 4:3,14 5:4 6:23 7:5,13,24 8:8 9:18 12:3, 5,10,22 16:24 18:19 19:3 destroy 28:3 destroyed 28:2 destruction 27:5,8 28:12 details 22:20 determine 30:9 devices 27:10 difficult 12:15 difficulty 10:22 direct 29:8 directive 12:1 disagree 5:15 9:6 discovery 7:18 11:3,24 12:19 14:9 27:9 discuss 25:9 display 29:15 dispute 9:25 disputed 8:19 doctor 6:4 doctors 4:27 19:1 door 20:6,10 28:16,23 29:2,6,8,24 30:2,3,6,7 drive 30:13 duces 23:14,18 24:4 E e-mail 17 6:5 8:20 9:22 10:10 11:9 14:21 21:19 22:10,17 23:6 24:13 e-mailing 7:3 e-mails 14:7 earlier 9:8 Advantage Court Reporters [index: early. junior early 9:11 easier 10:24 23:12 efficiently 12:4 effort 30:12 efforts 21:24 30:21 emergency 2:9 5:6,9, 16 6:1 10:5 employee's 25:19 end 9:2 enter 18:5 entered 20:8 28:24 30:4 entire 3:19 4:3 15:24 16:10 equivocated 20:19 essence 23:16 essentially 2:16 3:18 6:1 20:3 24:15 25:3 26:9 evade 11:24 Eve 14:13 evidence 27:4,8 28:1, 13 examination 2:5 22:20 excessive 12:20 exhibit 29:16,22,24 exist 20:18 exists 27:10 expert 11:11 20:23 expire 10:16 explanation 14:6 F fact 6:14 9:16 16:5 28:23 fairly 6:25 14:23 faith 21:24 23:7 fall 7:12 families 12:14 family 22:5 February 7:6,8 18:18, 23 feil 20:7 filed 5:10,21 10:5,19 15:14 21:25 23:4 25:6 28:20 29:13 filing 5:16 10:15 filled 6:19 finally 22:7 26:12 find 24:24 26:8 firm 3:9 14:16 floor 20:7 30:5 follow 23:12 forensic 26:5 forensically 30:12 formal 19:22 24:3 forthright 20:15, forward 15:1 frankly 7:19 11:5 free 3:22 Friday 7:2 14:1 29:14 full 12:3 funeral 22:6 future 10:24 15:12 G6 Gainesville 6:3,8,12 1:23 game 11:6 gave 18:16 give 13:14 16:6 18:18 good 15:17 16:25 17:23 21:24 23:7 grab 11:16 granted 27:2 granting 18:6 grounds 27:15,22 hails 6:8 half 9:18 handling 3:11 8:25 hands 23:1 happy 11:25 12:21 hard 30:13 head 11:8 14:17 Health 2:8 healthcare 3:3 4:24 12:12,25 hear 14:5 heard 2:13 hearing 15:17 17:13 22:1 29:20 30:25 hearings 2:19 held 2:1 hide 26:24 hit 9:1 hold 17:7 18:8,12,17,22 holds 16:15,16 17:24 Honor 2:11 12:8 13:9 20:22 23:10 29:8 hours 5:11 7:7 Le. 14:17 ideal 13:16 imaging 30:13 immediately 3:11 4:23 imminently 28:3 implicitly 5:4 important 4:24 25:8 incident 29:11 include 25:14 indicating 5:21 information 25:1,5,13 26:9,20 27:10,12,25 28:4,8 30:21 initial 22:4,12 inspect 23:4 24:16 30:8 Inspection 2:5 4:20 6:6,10 11:8,11,13 19:7, 9,22 21:1,18 22:9,18 24:14 25:7 27:1,16,23 30:19 inspections 11:20 insufficient 7:20 intended 4:13 intent 11:17 interest 5:22 interesting 5:13,25 interrogatory 25:2 27:18 intrusive 24:25 25:4 27:11,17,25 30:17 investigation 26:5 investigators 11:21 involvement 14:14 issue 5:20 9:20 14:15 21:13,24 23:7 24:11 25:9 28:11 29:3 issues 4:16 29:4 items 27:19 iteration 14:24 J Jacksonville 6:9 January 3:19 4:4 5:1,2 6:21 8:14 14:12 Job 15:2,11 Judge 9:6,9 11:3,10 13:14 14:17 19:25 22:11,17,25 28:11 29:3, 15 30:22 judges 2:20 junior 11:18 Advantage Court ReportersIndex: kind..premises kind 11:5 knew 8:25 laid 19:18 larger 11:23 law 25:9 leading 20:6 leaving 5:12 left 10:12 legal 11:8 14:18 letter 3:14,16,20,24 4:1, 8,9 9:3,16 28:6 letters: 2:24 4:12 5:3 9:2 14:19 likelihood 27:9 listed 23:22 Listen 6:16 located 7:22 locations 7:25 longer 4:18 12:24 lot 15:17 19:3 material 29:3 matter 8:14 maximize 12:5 means 24:25 27:11,17, 25 30:17 measurements 29:25 memory 27:20 Miami 10:8 mid 2:23 minutes 29:19 Monday 15:23 17:7 month 3:19 4:3 7:17 13:22,24 14:2 19:4 months 4:14 6:22 8:10 14:10 morning 7:7,10 8:4 15:16 16:19,22 17:9,12 18:44 28:21 motion 2:5,7,9,15,17 5:7,10,16 6:1,18,20 10:5,16 18:6 19:7,19 20:3 21:6,11,22,25 22:23 23:3,22 25:6 27:1 28:9,21 30:18 motions 2:3,19 move 6:16,17 movement 9:9 14:16 luck 16:7 multiple 7:25 M N made 19:11,23 25:14 necessarily 11:12 26:20 30:20 28:12 main 21:11 necessity 9:24 majority 7:16 needed 23:23 make 4:11 10:23 12:15 | Needless 23:2 making 19:23 net 3:10 managed 9:20 network 26:74 March 11:1 13:24 14:3 nice 2:20 15:20,25 16:10,12 17:3, 19 18:13,14,15,17 Marion 2:21 Nineteenth 18:1 nonintrusive 30:14 note 7:11 notice 23:13,17,19 24:3 29:5,7 noticed 5:1 6:15,20 8:17 11:7 15:14 26:19 notices 14:19 November 2:23,24 3:14 6:25 7:9 14:7 number 15:6 ° objections 10:2 obstructive 11:25 obtain 30:21 obtaining 24:25 offered 4:21 Office 4:19 8:18 20:13 28:19 open 15:23,24 16:17,23 17:11,16 opportunity 4:22 10:17 23:16 opposing 2:25 3:8 4:18,23 5:5 6:7,8,11 7:3,20 8:6,15 16:7 order 2:10 5:7,10,17 10:6,16 18:6,7,11 30:24 originally 8:2 Orlando 16:21 overcome 29:5 overseeing 3:12 oversight 15:9 P P.m. 16:21 18:23 30:25 paralegal 4:11,17 14:18 part 9:15 15:5 16:18 parties 23:20 partner 3:12 Party 4:10 27:3,7 pending 4:16 people 14:17,20 15:6 period 22:19 periodically 26:1 permit 22:8 permitted 20:23 permitting 2:16 personnel 9:10 phone 8:11 13:15 W414 photogrammetric 29:25 photograph 29:10,16, 23 30:1,6,10 Photographs 28:22 29:9,15 Physicians 7:21 19:3 pick 8:11 picture 11:23 place 5:12 plaintiff 3:4 29:5,11,17 plaintiff's 2:4,9 5:9,14 6:1 8:12 18:11 19:6 23:13,17 28:8 30:1 plans 12:14 playing 11:6 point 6:22 7:1 11:9 25:14 27:23 28:5 30:9 pointed 10:25 11:14 poorly 27:6 possibly 16:20 post-accident 13:2 potential 28:12 practitioners 2:8 3:4 practitioners’ 12:12 pre-accident 13:1 Preexisting 13:6 premises 29:4 Advantage Court ReportersIndex: prepare..stepped prepare 18:10 30:24 present 3:17 4:1 preservation 22:14 preserving 10:1 presume 23:19 Pretty 19:18 previous 18:16 previously 19:9 print 21:4 prior 2:19 3:5 18:24 privy 9:9 problem 7:15 8:2,4,22 14:15 18:5 problematic 5:23 procedure 5:23 proceedings 2:1 process 10:24 Produce 20:25 production 25:3 27:19 promise 15:11 prompted 21:22 22:14 properties 27:21 protection 5:18 protective 2:10 5:7,10, 17:10:5,16 proved 27:7 proven 27:14 Proves 27:3,4 Provide 5:17 8:6 15:15, 16 26:20 27:21 Provided 10:25 12:3 14:6 23:19 27:7 providers 4:25 13:1,8 providing 12:2 pull 13:17 purple 24:12 purpose 3:19 Pursue 19:17 push 14:8 put 5:2 putting 23:1 Q question 4:9,12 13:5 20:5 quickly 3:2 19:21 reached 4:13 15:8 read 19:19,20,21 reads 2:18 realize 12:9 reason 9:15 10:6 receipt 4:8 receive 4:7 received 3:23 4:5,9,15, 17 6:5 7:9 28:7 recipients 4:13 recommendations 13:3 records 3:19:18,24 10:1 12:24 15:7 20:17 reference 21:7 referencing 24:19 reflect 10:10 reflecting 21:1 regard 12:1 13:6 22:15 23:24 24:8 26:21 28:13 releasing 18:25 relavant 24:23 25:12 28:3 relies 25:15,16 rep 19:13,14 repeated 19:11 rephrase 27:5 replied 25:21 represent 21:17 representative 23:21 23 24:6,18 25:17 26:16 request 11:7,11 12:9, 16,17 19:8,10,22 20:25 21:1,12 23:4 25:3 27:18 requested 22:20 24:24 requesting 2:25 8:5,9 20:22 21:18 22:3,17 24:14 27:3 require 8:6 12:11 resolve 9:21 21:24 23:7 responded 14:21 response 2:9 3:13,23 4:5,6,15 5:6 9:5 12:18 14:12 19:23 22:4,21 23:1,3,9 24:13 25:6,25 28:7 resulted 14:17 review 23:16 reviewing 21:10 revisit 30:20 room 20:8 28:24 30:4 routinely 2:18 Sabbagh 2:11,14 5:19 8:13 9:7,14,22 1 12:8,25 15:24 16:5,25 17:4,6,19,20 18:3,10,21 19:42 21:9,16 22:3,13, 15, 17,23 23:9,10 29:12 30:23 Sabbagh’s 10:10 sad 6:19 save 21:17 schedule 4:19 12:15 18:19 19:2 scheduled 2:4,14 4:5, 25 6:13 21:25 29:21 schedules 12:13 scheduling 14:15 scope 22:20 send 9:3 22:12 27:18 sending 2:24 set 3:18 4:3,14 6:23 7:4 11:15 20:2 29:9 settled 16:8 Seventeenth 17:24 She'd 13:2 shortly 10:4 shot 13:14 17:12 shown 30:5 shows 29:24 sign 20:5,10 24:1,11 25:18,20 28:14,23 29:1, 6,7,24 30:1,3,7,10,15 signs 24:20,21 simply 6:18 23:19 25:21 26:2,9,23,24 27:22 28:4 simultaneously 9:4 site 11:7,11,13,20 situation 27:13 solidly 9:10 someone's 27:2 sooner 15:9 soonest 7:15 sort 9:1 speak 8:15,21 10:3,17 specifically 3:20 25:2 spent 6:22 spoke 8:13,14 10:9 spoliation 28:13 Spring 7:12,14 12:14 start 16:12 17:19 started 6:24 7:8 starting 7:17 state 18:11 stepped 28:17 30:4 Advantage Court Reporters i : : i ; i t i F i i : iindex: stick. yellow stick 27:20 substantive 3:3 4:6 suddenly 11:6 suggest 13:18 suggested 5:4 6:10 supposed §:11 6:14 surgeries 13:4 surgery 13:2 surgical 13:3 suspect 2:21 12:13 system 14:24 23:5 30:19 systems 2:6 24:8 25:13 30:9 T tab 23:13 24:2,12 taking 6:3,24 12:23 23:14,17 24:3 talked 10:20 talking 14:2 team 9:10 14:16 Team4@ronsholes 14:23 tecum 23:14,18 24:4 ten 6:13 12:9,17,19 Tenth 17:11 testified 26:22 28:15, 18 testimony 13:11 20:9 25:10,18,16 28:9 Thanksgiving 22:18 thing 19:6 21:11 30:14 things 3:23 15:4 thought 4:22 22:10 threatening 28:3 Thursday 16:11 17:22 thwarting 27:9 time 2:16 7:8 10:15 13:18 18:19 19:2,18 20:8 21:17 24:5 27:23 28:5 30:9,19 timely 14:18 timing 10:6 28:14 today 2:4 13:13 toid 8:18 town 6:4 track 19:4 traffic 22:17 travel 7:23 traveling 22:5 treated 3:4 treating 7:21 trial 16:6,8 19:5 troubling 9:19 truthful 29:1 turn 23:12 24:2 turnover 3:8 Twelfth 17:15 typewritten 20:11 U unable 10:13,14 unavailable 6:2 8:16 understand 4:18 6:9 10:21 11:15 15:18 24:18 29:22 understood 19:16 unequivocally 28:18 untruthful 25:12 Vv versed 24:7 voicemails 10:12 voluntary 22:8 Wainwright 20:14 28:15,25 Wainwright's 20:4,9 waive 9:24 wanted 9:17 25:1 week 9:23 15:19,22,25 16:4,8,10,11,13 17:2,18 weeks 7:16 well-versed 26:17 whatsoever 8:3 wide 3:10 16:23 17:11 withholding 25:12 worded 27:6 work 3:21 12:12 works 14:25 wrap 29:19 wrong 14:20 year 5:2 Year's 14:13 yellow 23:13 Advantage Court Reporters